Terms and Conditions
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1. General Terms and Conditions of Trade:
1.i) By placing an order with NUSOM, you accept these terms and conditions.
1.ii) Prices are quoted by NUSOM in UK Pound Sterling (GBP), exclusive of VAT and are shown per item unless otherwise indicated. NUSOM may, at their discretion, include an estimate for taxes but this shall be for information purposes only unless otherwise stated. It remains the responsibility of the customer to assess their own tax(es) unless otherwise agreed. Quotations are offered with Errors and Omissions Excluded. All prices issued are valid for 30 days from issue. NUSOM reserve the right to amend prices outside of this time frame.
1.iii) NUSOM act as distributers for Clate Grunden, Jallu Ebénistes, Atelier Tortil, Seema Krish, Sam Wigan, Kaitlin Kraemer, Natahsa Hulse and Unit 89. NUSOM are sales representative for Ferrick Mason, And Objects, Tisserant Art & Style, Sirimiri, Atelier Midavaine, Luke Irwin and M.A.Aston and as such sales of these are placed directly with the companies in question. Although NUSOM can assist with queries, NUSOM take NO financial responsibility for these products. NUSOM take no financial responsibility for any issues arising with orders placed with these companies. For terms and conditions of orders of Ferrick Mason, or Luke Irwin please contact the companies directly.
2. Orders:
2.i) A non-fundable 50% deposit is required to place an order on orders above £5,000GBP. Balance, and all applicable shipping and related charges are due on completion and prior to delivery. Failure to pay balance within thirty (30) days of receipt of an invoice may result in additional storage fees.
2.ii) All orders below £5,000GBP must be paid for in full on order placement.
2.iii) Orders are accepted subject to stock being available unless made to order. Should stock not be available, the product in question will be placed on back order until new stock arrives or are manufactured unless NUSOM is specifically advised within 5 working days of placement, in writing to cancel the outstanding order. Orders which are custom/made to order or treated (Terms & Conditions Section 8) are non-cancellable once payment has been received and production has commenced.
2.iv) Any changes to orders much be requested by Client in writing and Client must agree to pay any additional costs associated with such changes prior to NUSOM acceptance of any change order.
2.v) Payments can be made direct to our account. Account details are provided on all invoices but can be shared on request.
2.vi) A Cutting for Approval (CFA)/Stock Cutting may be requested by the customer or sent by the supplier due to a large dye lot variation from current stock. The customer agrees to forfeit their right to a CFA if they have not requested one prior to the order confirmation. The CFA is representative of the current stock but may not represent the entirety of the product. The customer can Approve, Reject or Waive the CFA. If a CFA has been requested or is required, neither NUSOM nor the Supplier will release the order until NUSOM receives approval or waiver of CFA from the customer. If the CFA is approved or waived the customer forfeits the right to return the product.
3. Shipping:
3.i) All quoted delivery charges are estimates only. Delivery charges are as accurate as possible but in some cases there will be additional costs and fees involved, if this is the case we will contact you immediately to clarify the situation.
3.ii) All export shipment costs do not include customs, duties, taxes or clearance charges required by the official authorities in the destination country. It is the duty of the recipient to pay these charges. Should an item be refused/abandoned due to non- payment of these charges, NUSOM will invoice the full charges of the returned item, including all duties, taxes and freight.
3.iii)Insurance: Unless otherwise stated that Insurance is included in your Shipping quotation or invoice, NUSOM are not responsible for any damage incurred during transportation from their warehouse or the supplier’s warehouse to the customer’s designated destination. Customers are strongly advised to take out additional insurance to cover any costs.
4. Product Queries/Complaints:
4.i) NUSOM supplies a variety of natural, bespoke and hand- made products. As with all natural and hand-made products there is an element of variation. Bespoke products are classed as specialty items where natural flaws can be inherent. Colour variations may also occur. These are influenced by nature itself and not considered a fault in or of the product.
4.ii) NUSOM will not be responsible for misuse or incorrect installation of any product. Any product installed outside of its standard purpose is the responsibility of the purchaser and installer.
4.iii) NO CLAIMS will be allowed for labour charges and/or consequential damages under any circumstances. Many of our products are handmade or entail hand finishing. Products requiring special finishing/colour matching are non-returnable. Whilst every effort is made to achieve delivery dates required, these cannot be guaranteed, and no damages or claims will be entertained.
4.iv) Notice of any fault must be made within 10 working days from receipt of the goods otherwise the goods will be deemed to be in accordance with the order. If in doubt, stop work and contact NUSOM (photos will be required before site visit can be arranged). Please refer to Terms & Conditions of trade, Section 5.ii) and 5.iii).
4.v) All complaints regarding products must be sent via email with photographs for our review. If a more detailed review is required of the product, a site visit will be conducted within the Greater London area. For areas outside of London, we may arrange collection of the product for review. However, if the product after review is found to be within tolerance or not faulty, it is the responsibility of the purchaser to arrange collection of the product or additional shipping charges may apply if shipped by NUSOM.
4.vi) Despite our best efforts, we cannot guarantee that products will colour match if additional stock is ordered at a later date for underorders, repair or refurbishment. It is generally recommended that you order a minimum 15% extra than required for use for repairs or to replace damaged areas, please discuss with your installer before proceeding.
5. Rights, Warranties and Liability
5.i) Subject to these Terms and Conditions and except where the Buyer is purchasing the Goods as a consumer, all warranties, conditions or other terms implied by statute or common law (save for those implied by Section 12 of the Sale of Goods Act 1979) are excluded to the fullest extent permitted by law.
5.ii) The Seller shall not be liable for any loss or damages of any nature, direct or indirect, including any loss of profits or consequential damages suffered or incurred by the Buyer for whatever reason.
5.iii)The exclusions of liability contained within this Clause 9 shall not exclude or limit the liability of the Seller:
(a) for death or personal injury caused by the Seller’s negligence;
(b) for any matter for which it would be illegal for the Seller to exclude or limit its liability; and
(c) for fraud or fraudulent misrepresentation.
6. Communications
6.i)All notices under these Terms and Conditions shall be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party).
6.ii Notices shall be deemed to have been duly given:
(a) when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient;
(b) when sent, if transmitted by fax or email and a successful transmission report or return receipt is generated;
(c) on the fifth business day following mailing, if mailed by national ordinary mail; or
(d) on the tenth business day following mailing, if mailed by airmail.
6.iii) All notices under these Terms and Conditions shall be addressed to the most recent address, email address or fax number notified to the other party.
7. Force Majeure
Neither party shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action, pandemic or any other event that is beyond the control of the party in question.
8. No Waiver
No waiver by the Seller of any breach of these Terms and Conditions by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.
9. Severance
In the event that one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these Terms and Conditions (which shall remain valid and enforceable).
10.Law and Jurisdiction
10.i) These Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.
10.ii) Any dispute, controversy, proceedings or claim between the Seller and the Buyer relating to these Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of England and Wales.
NUSOM Ltd Company Registered in England and Wales.
Company Number 12458028
VAT Number 3444165 11
Registered Office: NUSOM Ltd, 39 Summerley Street, London, SW18 4EU.