Terms and Conditions | Musbury Fabrics

1.Conditions Applicable - On-line Sales Transactions

1.1 These Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions including any terms or conditions which the Buyer may purport to apply under any purchase order, confirmation order or similar document.
1.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Conditions.
1.3 Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.

2.1 The Price of the Goods shall be the Seller's quoted price which shall be binding on the Seller provided that the Buyer shall accept the Seller's quotation within 30 days. The Seller may by giving notice to the Buyer at any time up to 7 days before delivery increase the Price of the Goods to reflect any increase in cost to the Seller which is due to factors occurring after the making of the contract of sale which are beyond the reasonable control of the Seller (including, without limitation, foreign exchange fluctuations, taxes and duties and the cost of labour, materials and other manufacturing costs). Provided that the Buyer may cancel this contract within 14 days of any such notice from the Seller.
2.2 The Price displayed in the Trade brochure which can be found on the website, is exclusive of VAT which shall be due at the rate ruling on the date of the VAT invoice. All other prices on website are inclusive of VAT.
2.3 Credit Accounts are established at the discretion of the Seller. Please contact Head Office
2.4 The Seller will also accept payment by Visa, Mastercard, Visa Electron.

3.1 The Goods shall be manufactured and supplied in accordance with the description contained in the Seller's specification.
3.2 All sizes are approximate but are as close as possible within the manufacturing variables and metric conversion.
3.3 The Seller may from time to time make changes in the specification and substitute Goods with an equivalent of at least the quality and price stated in the specification.
3.4 The manufacturing process of weaving and finishing places threads under tension which relaxes at initial laundering. The warp and weft relax and shrinkage occurs to a greater or lesser degree and may lose as much as 10% in each. Cotton is particularly prone to this and due allowance must always be made by the Buyer when ordering the Goods.

4.1 The Buyer shall make all necessary arrangements to take delivery of the Goods whenever they are tendered for delivery.
4.2 The Goods shall be at the Buyer's risk as from delivery.
4.3 The Buyer will be liable for the costs of delivery as follows:-
4.3.1 Delivery within the United Kingdom Mainland will incur a charge of £4.95 (excluding VAT) unless agreed otherwise,
4.3.2 Delivery within the United Kingdom Offshore Islands and Scottish Highlands will incur a charge of £7.50 for orders under £150.00 (excluding VAT) and £9.95 for orders over £150.00 (excluding VAT) unless agreed otherwise.

5.1 In spite of delivery having been made property in the Goods shall not pass from the Seller until
5.1.1 the Buyer shall have paid the Price plus VAT in full and
5.1.2 no other sums whatever shall be due from the Buyer to the Seller.
5.2 Until such time as property in the Goods passes from the Seller the Buyer shall upon request deliver up such of the Goods as have not ceased to be in existence or resold to the Seller. If the Buyer fails to do so the Seller may enter upon any premises owned occupied or controlled by the Buyer where the Goods are situated and repossess the Goods. On the making of such request the rights of the Buyer under clause 7.2 shall cease.

6.1 The Buyer shall inspect the Goods on delivery and shall within 7 days of delivery notify the Seller of any alleged defect, shortage in quantity, damage or failure to comply with description.
6.2 In the event of any breach of this contract by the Seller the remedies of the Buyer shall be limited to damages. Under no circumstances shall the liability of the Seller exceed the Price of the Goods.

7.1 The Seller will credit or replace any faulty Goods returned by the Buyer where notice is given in accordance with clause 7.1.
7.2 This excludes custom made goods, cut lengths and embroidered products which may not be returned.
7.3 Unwanted goods are accepted if returned to the Seller within 14 days of delivery in their original packaging. The Seller is not liable for return carriage on these goods.

8.1 This contract is subject to the law of England and Wales.
8.2 All disputes arising out of this contract shall be subject to the exclusive jurisdiction of the courts of England and Wales.

9.1 The Seller may license or sub-contract all or any part of its rights and obligations under this contract without the Buyer's consent.

10.1 The Seller may cancel this contract at any time before the Goods are delivered by giving written notice. On giving such notice the Seller shall promptly repay to the Buyer any sums in respect of the Price. The Seller shall not be liable for any loss of damage whatever arising from such cancellation.

11.1 If the Buyer fails to make payment for the Goods in accordance with this contract of sale or commits any other breach of this contract of sale the Seller may in its absolute discretion and without prejudice to any other rights which it may have.
11.1.1 suspend all future deliveries of Goods to the Buyer and/or terminate the contract without liability upon its part and/or exercise any of its rights pursuant to clause 6.