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new show room

The buyer's attention is in particular drawn to the provisions of condition 
10.4. 
1. Interpretation 
o The definitions and rules of interpretation in this condition 
apply in these conditions. Buyer: the person, firm or 
company who purchases the Goods from ESF Company: 
Express shopfittings London ltd.Contract: any contract 
between the Company and the Buyer for the sale and 
purchase of the Goods, incorporating these conditions. 
Delivery Point: the place where delivery of the Goods is to 
take place under condition 4. Goods: any goods agreed in 
the Contract to be supplied to the Buyer by the Company 
(including any part or parts of them). 

2. Application of terms 
o The Contract shall be on these conditions to the exclusion 
of all other terms and conditions (including any terms or 
conditions which the Buyer purports to apply under any 
purchase order, confirmation of order, specification or 
other document). 
o No terms or conditions endorsed on, delivered with or 
contained in the Buyer's purchase order, confirmation of 
order, specification or other document shall form part of 
the Contract simply as a result of such document being 
referred to in the Contract. 

3. Description 
o The quantity and description of the Goods shall be as set 
out in the Company's quotation or acknowledgement of 
order. 
o Any descriptions or illustrations contained in the 
Company's catalogues or brochures are issued or 
published for the sole purpose of giving an approximate 
idea of the Goods described in them. They shall not form 
part of the Contract and this is not a sale by sample. 

4. Delivery 
o Goods will be delivered at the provided delivery address. 
o If you place an order before 12:00Pm (Mon-Fri) and you 
want to change the delivery address, you need to call us at 
02075369786 before 12:30Pm. 
o Delivery normally takes 1 business day. 
o In some circumstances, we acknowledge you that there is a 
24 hours delay in delivery due to whether conditions or 
other 
o Subject to the other provisions of these conditions ESF 
shall not be liable for any direct, indirect or consequential 
loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, 
depletion of goodwill and similar loss), costs, damages, 
charges or expenses caused directly or indirectly by any 
delay in the delivery of the Goods (even if caused by the 
Company's negligence), nor shall any delay entitle the 
Buyer to terminate or rescind the Contract unless such 
delay exceeds 180 days. 
o If the buyer requires the goods to be delivered outside the 
United Kingdom or to Northern Ireland or to the Channel 
Islands: 
 The buyer needs to contact us before purchasing at 
+44(0)2075369786 or email us at 
sales@expressshopfittings.com. 
o Where the buyer requires the goods to be delivered by any 
means other than the Company's normal method of 
carriage, then the buyer shall pay the charge stipulated by 
the Company. 
o ESF reserves the right to deliver on more than one 
consignment and invoice for each consignment separately 
o Bespoke manufactured goods correctly supplied cannot be 
returned for credit, refund or exchange 
o Where the goods are to be delivered, the Company 
undertakes only to deliver to the ground floor entrance of 
the required delivery address and during the Company's 
normal business hours and the buyer shall give the 
Company such full details as may be necessary or required 
to make such delivery. ESF also require all buyers to assist 
their drivers when the delivery needs to be unloaded. If the 
buyer doesn’t have any individuals to unload they must call 
ESF immediately before the delivery takes place failure to 
do so may result the buyer to incur further delivery charges. 

5. Non-delivery 
o The quantity of any consignment of Goods as recorded by 
the Company on despatch from the Company's place of 
business shall be conclusive evidence of the quantity 
received by the Buyer on delivery unless the Buyer can 
provide conclusive evidence proving the contrary 
o The Company shall not be liable for any non-delivery of 
Goods (even if caused by the Company's negligence) 
unless the Buyer gives written notice to the Company of the 
non delivery within 7 days of the date when the Goods 
would in the ordinary course of events have been received 
o Any liability of the Company for non-delivery of the Goods 
shall be limited to replacing the Goods within a reasonable time or issuing a credit note at the pro rata Contract rate 
against any invoice raised for such Goods. 

6. Risk/Title 
o The Goods are at the risk of the Buyer from the time of 
delivery. 
o All goods remain the property of Express shopfittings 
London ltd until paid in ( full or cleared funds) all sums due 
to it in respect of: 
 the Goods; and 
 All other sums which are or which become due to the 
Company from the Buyer on any account. 
o Until ownership of the Goods has passed to the Buyer, the 
Buyer shall: 
 hold the Goods on a fiduciary basis as the 
Company's bailee; 
o The Buyer may resell the Goods before ownership has 
passed to it solely on the following conditions: 
 any sale shall be effected in the ordinary course of 
the Buyer's business at full market value; and 
 Any such sale shall be a sale of the Company's 
property on the Buyer's own behalf and the Buyer 
shall deal as principal when making such a sale. 
o The Buyer's right to possession of the Goods shall 
terminate immediately if: 
o The Buyer has a bankruptcy order made against him or 
makes an arrangement or composition with his creditors, or 
otherwise takes the benefit of any statutory provision for the 
time being in force for the relief of insolvent debtors. 
o The Buyer grants the Company, its agents and employees 
an irrevocable licence at any time to enter any premises 
where the Goods are or may be stored in order to inspect 
them, or, where the Buyer's right to possession has 
terminated, to recover them. 
o Where the Company is unable to determine whether any 
Goods are the goods in respect of which the Buyer's right 
to possession has terminated, the Buyer shall be deemed 
to have sold all goods of the kind sold by the Company to 
the Buyer in the order in which they were invoiced to the 
Buyer 
o On termination of the Contract, however caused, the 
Company's (but not the Buyer's) rights contained in this 
condition 6 shall remain in effect 
 
 7. Export orders 
 
o ESF requires all EU and export customers to provide a 
certificate of shipment or proof of export on purchase or 
collection of goods, to release vat. Under no circumstances 
will 
 ESF release goods without proof of shipment. All export 
customers are given 10 working days to collect goods. If 
goods are not collected within this time ESF will charge the 
buyer 10% of the total value of goods each day. If the buyer 
is unreachable after the time set ESF reserves the right to 
dispose of the goods. 

8. Price 
o Unless the buyer agrees with ESF in writing, the price for the 
Goods shall be the price set out in the Company's price list 
published on the date of delivery or deemed delivery 
o The price for the Goods shall be exclusive of any value added 
tax and all costs or charges in relation to packaging, loading, 
unloading, carriage and insurance, all of which amounts the 
Buyer shall pay in addition when it is due to pay for the Goods. 

9. Payment 
o Subject to condition 8.3, payment of the price for the Goods 
is due in pounds sterling on the last working day of the 
month following the month in which the Goods are 
delivered or deemed to be delivered 
o Time for payment shall be of the essence. 
o All payments payable to the Company under the Contract 
shall become due immediately on its termination despite 
any other provision 
o If the Buyer fails to pay the Company any sum due 
pursuant to the Contract, the Buyer shall be liable to pay 
interest to the Company on such sum from the due date for 
payment at the annual rate of 4% above the base lending 
rate from time to time of Barclays Bank PLC, accruing on a 
daily basis until payment is made, whether before or after 
any judgment. The Company reserves the right to claim 
interest under the Late Payment of Commercial Debts 
(Interest) Act 1998. The following terms and conditions 
shall apply to all orders. 
 
  
 10. Quality of product 
o Where the Company is not the manufacturer of the Goods, 
the Company shall endeavour to transfer to the Buyer the 
benefit of any warranty or guarantee given to the Company. 
o The Company warrants that (subject to the other provisions 
of these conditions) on delivery, the Goods shall: 
 be of satisfactory quality within the meaning of the 
Sale of Goods Act 1979; 
 be reasonably fit for purpose; and 
 Be reasonably fit for any particular purpose for which 
the Goods are being bought if the Buyer had made 
known that purpose to the Company in writing and 
the Company has confirmed in writing that it is 
reasonable for the Buyer to rely on the skill and 
judgement of the Company. 
o The Company shall not be liable for a breach of any of the 
warranties in condition 9.2 unless: 
 the Buyer gives written notice of the defect to the 
Company, and, if the defect is as a result of damage 
in transit to the carrier, within 3 days of the time when 
the Buyer discovers or ought to have discovered the 
defect; and 
 the Company is given a reasonable opportunity after 
receiving the notice of examining such Goods and 
the Buyer (if asked to do so by the Company) returns 
such Goods to the Company's place of business for 
the examination to take place their, after the 
company has checked the goods, the company will 
decide on how to compensate for damages 
depending on the condition of goods 

11. Right to Return Products/cancellations

Returns policy for internet orders
11.1 Subject to condition 11.3, if you return Products to us (whether comprising the whole or part of any delivery) within 14 calendar days (commencing on the day after delivery), we will provide you with a full refund less the costs of carriage. Products purchased in store must be returned to the particular store at which they were purchased. In all other cases please contact our Customer Services Department before returning the Products to our address in docklands. You will be responsible for the costs of returning the Products to us, which must be returned in a new, undamaged and saleable condition in the original packaging. Where monies are owed to us in connection with different Products, we will provide you with a credit against the outstanding invoice in lieu of processing a refund. At your option, we will be happy to exchange goods rather than provide a refund or credit note in relation to the purchase price.
11.2 We may at our discretion accept returns of Products supplied in accordance with the Contract outside of the 14-day period specified in condition 11.1, but a deduction from any refund, credit or exchange value in the sum of at least 15% will be made (subject to a minimum charge of £5.00 plus VAT).
11.3 The right to return in accordance with clause 11.1 does not apply to all of our Products. Products which are not covered are clearly identified in our current main catalogue and on our Website.
11.4 Where Products are returned in accordance with this condition 11, any previously agreed discount applying to the whole of your order will no longer apply. Any such discount will be deducted from your refund and any balance will be invoiced to you for immediate settlement.


12. Bespoke Products
12.1 Notwithstanding any other condition, conditions 1-11 and 13-15 of these Terms shall only apply to the supply of customised, personalised or bespoke manufactured Products (‘Bespoke Products’) to the extent that they are not inconsistent with the provisions of this condition 12.
12.2 Contracts for the supply of Bespoke Products will come into existence upon our acknowledgement of your order.
12.3 The description of Bespoke Products will be as set out in our quotation and in any proofs provided. In the event of any discrepancy between the quotation and the proofs, the approved proofs shall prevail. Subject as aforesaid, the Products will comply with their description and the proofs, save that the Products delivered may differ slightly as to colour and dimensions. Bespoke Products may also differ from the same or similar Bespoke Products ordered at a different time.
12.4 Bespoke Products correctly supplied cannot be returned for credit refund or exchange under condition 11.
Approval of Proofs
12.5 Before Bespoke Products are supplied, proofs will be submitted to you for approval. You agree to respond to proofs submitted within 7 days or such shorter period as may be stated in our quotation. If you have not responded to proofs within that period, we may terminate the Contract. It is agreed that in these circumstances we will be entitled to charge a reasonable fee for the work carried out prior to the termination.
12.6 We will not be required to submit more than two sets of replacement proofs. If acceptance is not received within 7 days of the submission of the second set of proofs, we may terminate the Contract. It is agreed that in these circumstances we will be entitled to charge a reasonable fee for the work carried out prior to the termination.
12.7 Once proofs have been approved, further alterations will be at our discretion and subject to you accepting our further charges in relation thereto.
12.8 If we are asked to prepare proofs which contain images or text which we consider to be unacceptable, including those which are obscene or incite violence or racism or which may offend against any applicable laws or codes, we may terminate the Contract. In these circumstances, we reserve the right to charge a reasonable fee for the work carried out prior to the termination.
12.9 All printer’s type blocks, dyes, plates, lithographic materials, moulds and tooling used in any manner in the manufacture of Bespoke Products will remain our property, until paid in full to us by the customer.
12.10 It is agreed that the quantity of each Bespoke Product delivered may exceed or fall short of that ordered by 10%. The price for any excess Products will be recoverable by us on the basis of our usual payment terms.
Intellectual Property
12.11 You agree to indemnify us and hold us harmless in relation to any claims, damages or expenses incurred by us or our officers, employees or sub-contractors as a result of a claim by a third party that we have infringed their intellectual property in manufacturing Bespoke Products which include any graphic or literary works provided by you. This condition will survive indefinitely after the termination of the Contract.
12.12 In the event that we create any original works which are protected by copyright or design right, we shall retain all rights in all such works and you shall not be entitled to reproduce any such works yourself or authorise any of your other suppliers to do so.

Delivery for printed carrier bags

12.13 when customers place an order for printed carrier bags please note that we have two separate manufacturing facilities one in the far east and another in the uk, we will always do our best to obtain the best possible price for our customers, and there for will let you know where the bags will be manufactured at the time of order confirmation. Please note that delivery from the FAR EAST CAN TAKE UP TO 12-14 WEEKS FROM ARTWORK CONFIRMATION, AND DELIVERY FROM THE UK CAN TAKE UP TO 2-4 WEEKS.
 

    13. Limitation of liability 
o Subject to condition 4, condition 5 and condition 9, the 
following provisions set out the entire financial liability of the 
Company (including any liability for the acts or omissions of 
its employees, agents and sub-contractors) to the Buyer in 
respect of: 
 any breach of these conditions; 
 any use made or resale by the Buyer of any of the 
Goods, or of any product incorporating any of the 
Goods; and 
 any representation, statement or tortious act or 
omission including negligence arising under or in 
connection with the Contract 
o Nothing in these conditions excludes or limits the liability of 
the Company: 
 for death or personal injury caused by the 
Company's negligence; or 
 under section 2(3), Consumer Protection Act 1987; 
or 
 for any matter which it would be illegal for the 
Company to exclude or attempt to exclude its liability; 
or 
 For fraud or fraudulent misrepresentation. 
o Subject to condition 10.2 and condition 10.3: 
 the Company's total liability in contract, tort (including 
negligence or breach of statutory duty), 
misrepresentation, restitution or otherwise, arising in 
connection with the performance or contemplated 
performance of the Contract shall be limited to 120% 
of the Contract price; and 
 the Company shall not be liable to the Buyer for loss 
of profit, loss of business, or depletion of goodwill in 
each case whether direct, indirect or consequential, 
or any claims for consequential compensation 
whatsoever (howsoever caused) which arise out of or 
in connection with the Contract. 
 
 13. General 
o Each right or remedy of the Company under the Contract is 
without prejudice to any other right or remedy of the 
Company whether under the Contract or not 
o If any provision of the Contract is found by any court, 
tribunal or administrative body of competent jurisdiction to 
be wholly or partly illegal it shall to the extent of such 
illegality, invalidity, voidness, voidability, unenforceability or 
unreasonableness be deemed severable and the remaining 
provisions of the Contract and the remainder of such 
provision shall continue in full force and effect 
o The parties to the Contract do not intend that any term of 
the Contract shall be enforceable by virtue of the Contracts 
(Rights of Third Parties) Act 1999 by any person that is not 
a party to it. 
 
14. ESF copyright 
Where the provisions of Condition (12) above do not apply, 
the Company's Customer Service Department will 
endeavour to put the buyer in touch with the Producer so 
they can make the necessary arrangements. This 
catalogue was prepared by the staff of Express shopfittings 
London Ltd and the copyright therein belongs to express 
shopfittings London ltd. All rights conferred by the law of 
copyright and by virtue of international copyright 
conventions are reserved to express shopfittings London 
ltd. Reproduction of any part of this catalogue requires the 
prior written consent of express shopfittings London 
ltd.ERS& ESF March 2011. 


 

15.)Privacy
Express Retail Solutions ltd are committed to complying with the Data Protection Act 1998 and have published this guide to help you understand how and why Express Retail Solutions  collect information from you, to whom such information is disclosed and what your rights are. If we make changes to this Policy we will notify you by updating this statement on our website. You can access our Website home page and browse our site without disclosing your personal data.
However, when you register with ersuk.co.uk you will be asked to provide certain information about yourself.
What information do we collect and how do we obtain it?
We receive information in one of two ways either directly from you when you register with us or from a third party such as credit reference agencies (for example to assess your credit rating).
If you register with us you will be asked to provide certain information such as your name, address, details of your credit card (only if you are paying by credit card), telephone number and email address so that we can process and fulfil your order, notify you of your order status and inform you of special offers and promotions.
How do we use your information?
We use the information that we collect about you to:

 

  1. Process your orders
  2. Manage your account - see also "Use of credit reference agency information".
  3. Administer this website.
  4. Monitor customer traffic patterns and site usage to help us develop and improve the design and layout of the site.
  5. Notify you about enhancement to our services, such as changes to the website, new services and special offers that may be of interest. We may contact you by mail, telephone or email with offers from the following Express Retail Solutions Ltd or Express Shopfittings London Ltd.