TERMS & CONDITIONS

CHAMELEON CREATIONS LTD. TERMS AND CONDITIONS

Definitions

Under the terms and conditions of sale set out below:

a) “The Company” refers to Chameleon Creations
b) ‘The Buyer” refers to any corporation, firm, company, institution, person or persons to whom a quotation is made or to whom goods are sold to by the Company.

c) “Goods” refers to products or services supplied by the Company in accordance with this contract.

d) "Supplier" refers to the supplier of the source material to the Company.

2. General

All orders and the quotations they have been derived from are deemed to incorporate these terms and conditions.

No variation, modification, or substitution for these terms and conditions shall be binding unless accepted by the Company in writing.

3. Terms of Quotation

All quotations offered to the Buyer by the Company shall remain open for a period of 30 days from date printed on said quotation. The Company reserve the right to withdraw a quotation where the period exceeds 30 days or where the Suppliers terms prevent the Company being able to honour a quotation. The quotation is not a binding contract or a right to order it is a guide. All prices will be finalised after the Templating has taken place.

4. Confirmation of Orders & Cancellations

Once an order has been placed by the Buyer/accepted by the Company, a cancellation can only take place when agreed in writing by the Company. The 10% deposit with order is non-refundable.

Once the template has been completed and authorised for manufacture by the Buyer and funds have cleared to instigate manufacture no cancellation shall take place unless agreed in writing by the Company. This must be at a point prior to the start of manufacture.

The Company reserves the right to recover reasonable costs to the point of cancellation (if agreed by the Company).

5. Returned Goods

Once goods have been despatched they may not be returned without the Company’s consent in writing. In an event where such consent is given a re-stocking charge of 33% of the purchase value of the goods will be made. Goods returned must be adequately identified and packed and sent “carriage paid”
The goods must be received in the same condition as at date of dispatch from the Company’s warehouse.

6. Warranty

All Goods are Inspected when supplied to the Buyer before leaving the factory.

All Goods supplied to the Buyer by the Company shall carry a warranty period of 12 months providing the Goods have been used for the purpose for which the Goods were designed.

The Company will repair or at their option replace goods in which defects under proper use and installation appear within a period of twelve calendar months after installation and which arise solely from faulty design, materials or workmanship other than design or materials made or specified by the Buyer, provided always that acceptable proof is rendered as to the date of purchase.

The provisions of the Sale of Goods Act 1979 and Unfair Contract Terms Act 1977 shall apply to this contract but this guarantee is given in lieu of all warranties or conditions and liabilities whatsoever implied by law, statute or otherwise, and in particular, without prejudice to the generality of the foregoing, the Company shall not be liable for loss of profit or goodwill of the Buyer or any other person arising, directly or indirectly, from any breach of this contract or for any other indirect or consequential damage whatsoever save as provided in this clause neither the Company nor it's servants and agents shall be under any liability whether in contract tort or otherwise howsoever, in respect of the goods or for any injury, damage or loss whatsoever and howsoever resulting there from or from any work done in connection therewith.

7. Prices

All prices are subject to alteration or may be withdrawn by the Company at any time. The prices supplied on a quotation are guide prices only and are not a right to order, once the customers measurements have been verified and a template made the order price will be fixed - this may require a small price adjustment from the quote dependent on measurements or a change to price of the source material.

All prices quoted are net prices, exclusive of VAT unless otherwise stated.

8. Fulfilment of Order

The Company may cancel an order if the source materials have been discontinued by the Supplier or where supply is unpredictable. In such cases the Buyer will be given the option of transferring to an alternative surface where the cost will be re-calculated or a refund of the 10% deposit given.

The Company shall not be held liable for failure to fulfil an order under these circumstances.

9. Delivery

Unless otherwise agreed by the Company delivery shall take place kerbside at the address supplied by the Buyer. If for whatever reason the Buyer’s default the goods are not taken up or delivered by the date specified in the contract, the Company may either treat the contract as repudiated or alternatively store the goods at the Buyer’s risk and expense.

The Delivery date quoted to the Buyer when placing an order is an estimate based on the dates quoted to the Company for source materials by the Supplier. The Company shall at all times advise the Buyer of any changes to this date as known as time is not the essence of the contract.

The Company accepts no liability for any loss, injury, damage or expenses as a result of or consequent to any delay in delivery of goods. Delay due to circumstances outside the control of the Company shall not entitle the customer to cancel any order or refuse to accept delivery. Offers for delivery from stock are made subject to goods remaining unsold on receipt of order.

All deliveries are Mon to Fri 8am - 6pm unless otherwise stated by the Company. Premium deliveries on Saturdays may be negotiated by special arrangement at an extra cost to the Buyer.

Access and exit by artic vehicle may be required it is therefore the responsibility of the Buyer to inform the company should this not be possible due to inadequate turning, vehicle weight, width or height restriction. Delivery vehicle parking must be within close and safe proximity to the delivery address. The Buyer shall indemnify the Company against all claims for damages and liability whatsoever arising out of compliance by the Company with the Buyers delivery instructions. Failed deliveries are rechargeable at the full rate.

10. Unloading and Receiving Of Goods

The Buyer shall provide all necessary assistance to the Company in unloading Goods at the point of delivery by way of a minimum two able-bodied helpers. It is the driver’s responsibility to deliver the goods to within safe and practical distance to both themselves and the vehicle from the delivery point only and not into the delivery address. The Buyer shall indemnify the Company against all claims for damages and liability whatsoever arising out of compliance by the Company with the Buyers delivery instructions.

Failed deliveries due to non-compliance of the above will result in a re-scheduled delivery, which will be chargeable to the Buyer.

11. Property in the Goods

The goods remain the property of the Company until all monies due under the contract have been paid in full. Should full payment not be received in a period of 30 days post installation and where no communication has been received from the Buyer, the Company will make every effort to contact the Buyer to resolve. Should this fail the Company reserves the right to instigate legal action to recover monies outstanding plus interest.

No claim may be made against the goods by any other party until the Company has been paid in full.

12. Risk

Once the goods have been delivered kerbside risk shall pass to the buyer. Damages during delivery from this point are the responsibility of the Buyer.

Should the Buyer appoint an Agent to collect goods then the risk will pass to the Buyer/Agent at the point of loading. Damages during delivery from this point are the responsibility of the Buyer/Agent.

13. Payment

Once an order has been placed by the Buyer and accepted by the Company the following payment structure shall apply:

A 10% non-refundable payment to instigate a template of the Buyers requirements is required. Following template the order will be re-calculated, any variation of details may result in variation of price.

The buyer prior to manufacture must make a second payment. This payment is calculated at 85% of the order. In the case of cheques and transfers manufacture will take place once the payment progresses to clear funds.

Once manufacture, delivery and installation has taken place the balance of the order is payable by the Buyer to the Company in a period not exceeding 14 days*. Should the balance be outstanding greater than 14 days the Company reserve the right to charge interest on outstanding monies at 3% above the bank base rate until payment received in full. Until payment received in full all goods remain the property of the Company. See 11.

* In some cases it may be necessary for the final payment to be paid direct to the Installer on completion of the installation. In such cases the Company will advise the Buyer and display the final payment condition on the order confirmation.

14. Shortage or Damages

Goods are to be checked on delivery by the Buyer. Where goods are delivered by outside carriers damage or part loss claims cannot be entertained unless the carriers and the Company is notified on the day of delivery and confirmed in writing within three days from date of delivery.

Where the Company delivers goods and a receipt of delivery note signed by the customer is received, the goods will be deemed to have been examined and therefore no claim for damage or loss can be entertained by the Company.

The Buyer may not exclude this provision either by marking his signature 'unexamined' or by failing to return the signed delivery note or otherwise

Communications

All communications shall be in writing, all telephone calls of dispute must be backed in writing within 5 working days.

Writing methods accepted by the Company are:
Email or Fax - the date of transmission will be the date the Company will record the communication.

By hand - a dated receipt will be issued by the Company to record the communication.

First Class Mail - the date the communication will be recorded will be two days after the post franking date. It is in Buyers interest to consider registered or recorded post.

Data Protection

Any Customer data or information obtained by the Company and recorded for business purposes will be protected and will

not

be supplied to another company or individual under any circumstances.

Privacy Policy Chameleon Creations Ltd Privacy Policy

In providing the facility to buy products online, Chameleon Creations collects information about you. In doing so, we take your privacy and our obligations under the data protection legislation very seriously. You have a right to expect a website to disclose its privacy policies - how your personal information is collected, used and shared. You also have a responsibility to choose which sites you feel comfortable disclosing such information to.

In order to comply with our obligations, Chameleon Creations must obtain your consent to the use of your personal information. Please ensure therefore that you read the following statement carefully. Purchasing of products through the Chameleon Creations web site will be taken as consent to certain uses of your information.

Item A: Access to Registration Information

Chameleon Creations will under no circumstances give access to your registration information to any third party for any purpose, either commercial or otherwise. Consistent with our obligations under the Data Protection Act 1998, your information is maintained in what we believe to be a well protected environment. Neither Chameleon Creations or any other website operator can, however, guarantee that your information will remain secure from unauthorised access.

Item B: Public vs Confidential Information

You acknowledge that all of your submissions through the website are public and not private information. Always use caution when giving out any personally identifying information about yourself or your household. Chameleon Creations specifically disclaims any liability with regard to any actions resulting from your submissions and postings to the public portion of the website. Generally, any communication which you post through the website is considered to be non-confidential. If a particular webpage or form permits the submission of information that will be treated by Chameleon Creations as confidential, that fact will be stated on those pages.

Item C: Use of Public Information

By posting communications on or through the website, you automatically grant Chameleon Creations a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform and display the information alone or as part of other works in any form, media or technology whether now known or hereafter developed. The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. You agree to waive any moral rights which you may have in such material.

Your consent

By purchasing products from Chameleon Creations you consent to the collection and use of your information by Chameleon Creations in the ways outlined above. If, having given your consent to the use of your data, you subsequently change your mind you can stop all, or particular uses of your data by sending us an e-mail.