Terms and Condition
- Unless otherwise agreed in writing by Indra Importer these conditions shall override any terms or conditions stipulated incorporated or referred to by the Purchaser whether in the order or in any negotiations and shall form the whole of the contract between Indra Importer and the Purchaser in the present and in all subsequent dealings until the terms are otherwise changed or amended by subsequent written variations.
- Where the goods are ordered for delivery by instalments, each instalment shall be deemed to be a separate contract.
Prices of all goods are based upon Indra Importer’s price prevailing at the date of the contract. If such prices shall increase between such date and the date or dates of delivery the price to be paid by the Purchaser for the goods shall be Indra Importer’s price for goods based upon such increased costs ruling at the date or dates of delivery. A statement in writing signed by or on behalf of Indra Importer as Indra Importer’s price ruling at the date or dates of delivery, shall be conclusive evidence of that price. All prices quoted will be subject to VAT at the applicable rate ruling at the time of delivery/invoicing.
Risk in the Goods passes to the Purchaser when the Goods leave Indra Importer’s premises or (in a case where the Purchaser is to collect the Goods, and if earlier) seven days after notification to the Purchaser that the goods are ready for despatch. Any storage of the Goods on Indra Importer’s premises after the expiry of the latter period of seven days is at the Purchaser’s risk.
- The property and the legal and beneficial ownership in the goods will only pass or be transferred to the Purchaser when:-
- the Goods the subject of this contract; and
- all other Goods the subject of any other contract between the Purchaser and Indra Importer which at the time of payment of the full price of the Goods sold under this contract, have been paid for in full.
- Until the property and the legal and beneficial ownership in the Goods has passed to the Purchaser in accordance with sub clause 1 above.
- the Purchaser is required to store the Goods in such a way that they are clearly the property of and in the ownership of Indra Importer.
- Indra Importer will be entitled to repossess the Goods from the Purchaser without prejudice to any further or other remedies Indra Importer may have against the Purchaser under this contract or any other contract between Indra Importer and the Purchaser.
- Notwithstanding the provisions of sub-clauses 1 and 2 above the Purchaser will be entitled to sell the Goods to a third party within the framework of the normal carrying on of its business and to deliver them to such third party on condition that in so far as the Purchaser has not fully discharged its indebtedness to Indra Importer.
- the Purchaser shall – as between itself and Indra Importer – act as agent for Indra Importer and;
- the Proceeds of sale shall be held by the Purchaser for the account of Indra Importer
- the Purchaser shall transfer to Indra Importer any claim it may have against such third party emanating from such transaction but without prejudice to any rights which Indra Importer have against the Purchaser.
- Payment of the price shall be made as agreed or within the period of thirty days after delivery to the Purchaser of Indra Importer’s invoice.
- Interest shall be charged on unpaid accounts at the rate (as well after as before judgement) of two per cent per annum in excess of the minimum or base lending rate for the time being of Lloyds Bank Plc.
6. COLLECTION AND DELIVERY
- Any date for delivery specified by Indra Importer is an estimate only, and the Company shall not be liable for the consequences of any delay.
- Delivery shall be taken by the Purchaser in accordance with the terms of this contract. If for any reason the Purchaser is unwilling or unable to accept delivery of the Goods at, the time when the Goods are due and ready for delivery Indra Importer shall if its storage facilities permit store the goods and take all reasonable steps to prevent their deterioration until their actual delivery and the Purchaser shall be liable to Indra Importer for the reasonable cost of its so doing. This provision shall be in addition to not in substitution of any other payment or damages for which the Purchaser may become liable in respect of its failure to take delivery at the appropriate date.
7. FORCE MAJEURE
If the delivery by normal route or means of delivery or shipment of the Purchaser’s goods or part of them is delayed or made impossible by events beyond the control of Indra Importer or an event falling within the meaning of the term “force majeure” and in particular strikes, lockouts or differences with workmen, civil disturbance, war, Queen’s enemies, act of God, epidemic, flood, tempest or accident to machinery, Government requirements, quote or licence restrictions. Indra Importer shall not be liable for any delay or failure to deliver which directly or indirectly is attributable to such events.
- Indra Importer will not accept responsibility for notifying carriers (on behalf of the Purchaser) of any claims for loss damage or delay in transit or for mis-delivery or non-delivery unless the Purchaser puts Indra Importer in possession of relevant information in reasonable time for Indra Importer to comply with the claims procedures appropriate.
- Complaints on faulty Goods cannot be considered unless official notification is lodged in writing with Indra Importer within seven days from the date of invoice.
- Goods must be examined on receipt, and if damaged, signed for as such with immediate advice to Indra Importer. If the above procedure is not adhered to Indra Importer cannot accept responsibility. The liability of Indra Importer for loss of damage in transit shall not exceed replacement of the Goods shown to be lost or damaged or at Indra Importer’s option reimbursement of the price received by him for the Goods.. All further claims for damages, howsoever arising, are hereby expressly excluded.
- All weights measurements and dimensions are approximate only.
- It is recommended that all rugs and textile items should be dry-cleaned only.
- All items are hand-made using natural dyes. These colours sometimes have a tendency to stain other articles in direct contact.
- The colours on the items cannot be guaranteed to be fast under any condition. Indra Importer will not accept responsibility for any damage.
- The products have been produced from untreated cotton yarn and as a result subject to some shrinkage.
- The products (except cushion pads) are made from natural materials and are not treated with fire resistant chemicals. Please take care to avoid the risk of fire.
Keep away from the source of ignition.
- The products are hand-made using traditional methods – the slubs are not irregularities, they are an integral part of the product giving it a natural look.
- Throws are not suitable as loose covers on furniture.
- All cushion inners conform to British Standards fire-proofing regulations.
This contract shall be construed according to the Law of England and shall be subjected to the jurisdiction of the English Courts.