TERMS & CONDITIONS OF SALE

By placing an order with Traditional Arts Limited ("us") (whether through our sales representatives, in writing, by telephone, email or otherwise) for any goods promoted for sale by us, you agree to contract with us in accordance with the following terms and conditions of sale to the exclusion of all other terms and conditions (whether previously issued by us or appearing on any order form, purchase order or other documentation issued by you).

  1. Ordering
    1.1       You are responsible for ensuring that each order you place is complete and accurate.  Each order is an offer by you to purchase goods subject to these terms and conditions. 
    1.2       You shall obtain any necessary import licences, or other requisite documents, and pay all applicable customs, duties and taxes in respect of the importation of the goods to a country outside the UK.
    1.3       We shall accept your order after you have provided payment in accordance with clause 5 and on issue by us of a written acknowledgement of your order. Once we have accepted your order, we shall, subject to availability, supply you with the goods set out in your order.
      
  2. Description of Goods
    2.1       All descriptive matter, specifications and advertising issued by us and any descriptions or illustrations contained in our catalogues or brochures (collectively referred to as "descriptions") are issued or published for the sole purpose of giving an approximate idea of the goods described in them.  They do not form part of this agreement.
    2.2       We warrant that all goods promoted for sale by us are of satisfactory quality. In all other respects, and to the maximum extent permissible, we make no other warranties or promises about the goods and any implied warranties are excluded.
      
  3. Defective Goods
    3.1       We shall not be liable for goods which are not of satisfactory quality ("defective goods") unless you give us written notice of the defect within three days of the time when you discover or ought to have discovered the defect, and we are given a reasonable opportunity (after receiving such notice) to examine such goods and you (if we so request) return such goods to our place of business at our cost for the examination to take place there.
    3.2       Subject to conditions 3.1 and 3.2, we shall at our option replace any defective goods if it is possible to do so or refund the price of such goods (where payment has been received).  We shall have no further liability in respect of those goods once we have complied with this clause.     
         
  4. Prices
    4.1       The price of the goods shall be the price agreed on your order unless varied in writing, exclusive of VAT, handling, insurance and any delivery costs which are payable in addition by you.
    4.2       Any discounts offered by us on our published price lists are made at our discretion and will be revoked in the event of any delay in payment.
      
  5. Payment
    5.1       You must provide 50% of the valid payment of the goods at the same time as you place your order. The remaining 50% of payment will be required within 30 days of the invoice date. 
    5.2       All payments shall be made by you in pounds sterling either by transfer to such bank account as we may from time to time notify in writing or by cheque sent to the address stated on our invoice (as specified by us).
      
  6. Delivery
    6.1       Delivery shall either:
    6.1.1    be made to the delivery address specified by you at the time of ordering ("the delivery address") and shall be by made by a distributor sub-contracted by us in which case delivery of the goods shall take place when the goods are deposited at the delivery address; or
    6.1.2    be effected by you arranging collection of the goods from our supplier’s warehouse in which case delivery of the goods shall take place when you or your nominated shipper acknowledges receipt of the goods.
    6.2       Any times specified by us for delivery are approximate only and we shall not be liable for any direct, indirect or consequential loss (including without limitation, financial loss such as loss of profit or otherwise) caused by any delay in delivery of the goods howsoever caused.  If no time for delivery is specified, we shall deliver the goods to you within a reasonable time.
               
  7. Non-Delivery
    7.1       The goods which we record having dispatched to you shall be conclusive evidence of the goods received by you on delivery unless you can provide conclusive evidence proving the contrary.
    7.2       We shall not be liable for any non-delivery of goods unless written notice is given to us within fourteen days of the date when the goods would in the ordinary course of events have been received.
    7.3       Our liability for non-delivery of the goods shall be limited to replacing the goods if possible within a reasonable time or issuing a credit note against any invoice raised for such goods.
      
  8. Risk/Title
    8.1       Risk of damage to or loss of the goods shall pass to you at the time the goods leave our premises.
    8.2       Ownership of the goods shall not pass to you until we have received in full (in cash or cleared funds) all sums due to us in respect of:
                8.2.1    the goods; and
                8.2.2    any other sums which are or which become due to us from you on any account.
      
  9. Limitation of Liability
    9.1       The limit of our liability to you is the making up of any shortfall, replacement, or refund of the price of the goods as provided for in this agreement. 
    9.2       We are not responsible to you to any greater extent and in particular we are not liable to you for any indirect or consequential loss (including without limitation financial loss such as loss of profit or otherwise) which you may incur for whatever reason as a consequence of our failure to comply with these terms and conditions.  This condition does not operate to exclude or limit our liability in respect of death or personal injury caused by our negligence or fraudulent misrepresentation.
      
  10. General
    10.1     The parties to this agreement do not intend that any term of this agreement will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.
    10.2     In the event that any provision (including any distinct sub-condition) of this agreement is held to be illegal, invalid, void or unenforceable, it shall be severed from the remaining provisions of this agreement which shall continue in full force and effect.
    10.3     These terms and conditions shall be governed by and construed in accordance with English Law and the parties hereto agree to submit to the non-exclusive jurisdiction of the English courts.

Traditional Arts Limited has its principal place of business at  18 Charlotte Road, London, EC2A 3PB.