& Conditions of Sale
of Terms and Conditions
orders accepted and fulfilled by Smith Mearns Productions shall be deemed to
incorporate these terms and conditions of sale to the exclusion of all other
terms and conditions including any terms and conditions which buyers may purport
to apply in any purchase order confirmation of order or similar document.
Acceptance of delivery shall be deemed conclusive evidence of the buyer’s
acceptance of these terms and conditions.
goods are subject to availability at the time of order.
dimensions and specifications are given as a guideline only. The Company shall
not be liable for any variations made to dimensions or specifications and the
buyer shall not be entitled to reject goods as a result of any such variation
save where the variations materially affect the quality or fitness for purpose
of the goods.
Damaged or incorrectly delivered items (those despatched by us in error) should be returned with a note explaining the problem. A replacement will be issued as required and return postage costs will be covered. To ensure safe transit, item(s) should be wrapped in the original delivery package or one of equivalent quality. This policy does not affect your statutory rights.
Whilst every effort is made to dispatch goods on time, any delivery date given by the Company to the buyer shall be an estimate only. The Company shall not be liable for any loss or damage whatever due to failure on the part of the Company to deliver goods by the delivery date.
and Damaged Goods
liability for shortages and/or damaged goods shall be accepted by the Company
unless the buyer notifies the Company in writing of such shortage or damage
within 7 days of the date of actual delivery.
are generally charged at the prices ruling at the time of order. The Company
reserves the right to alter prices prior to delivery as a result of factors
beyond the Company’s reasonable control. In the event of prices altering
between order and delivery the buyer will be notified and shall have the right
to cancel its order by serving written notice on the Company within 7 days of
the date of receipt of such notification. No VAT is charged.
All payment must be made before delivery of goods unless arranged otherwise.
property or title to the goods shall pass from the Company to the buyer unless
and until the full amount of the value of the goods as invoiced has been paid
and no other sums whatever are due from the buyer to the Company. The buyer
shall indemnify the Company against loss or damage to the goods prior to the
passing of property and title therein whilst in the buyer’s custody. Risk of
damage to or loss of the goods shall pass to the buyer at the time of
delivery/collection of the goods.
The buyer may cancel an order within 14 days. Please return the unwanted item(s) to us UNOPENED, within 14 days of cancellation of order. To ensure safe transit, item(s) should be wrapped in the original delivery package or one of equivalent quality. Any refund will occur within 30 days of cancellation, on the credit or debit card that was originally used to complete the transaction. Audio and video recordings are exempt from the right to cancel. In the event that perishable goods are damaged on delivery, the customer should notify the company within 3 days to arrange a solution. This policy does not affect your statutory rights.
All goods supplied by the Company come with the relevant manufacturers standard warranty.
Company shall be under no liability whatever to the buyer for any indirect loss
and/or expense (including loss of profit) suffered by the buyer arising out of a
breach of contract by the Company. In the event of any breach of contract by the
Company, the remedies of the buyer shall be limited to damages. Under no
circumstances shall the liability of the Company exceed the price of the goods,
which are the subject of that contract. The Company shall not be liable for any
default due to any event beyond the reasonable control of the Company.
Mearns Productions, 15 Charterhouse Lane, Perth, PH2 8HS,