Terms & Conditions for Portlantis Ltd
1. The Company shall mean Portlantis Limited. All goods supplied shall remain the property of the Company until paid for in full.
2. All goods are offered subject to availability. Delivery of goods will be deemed to take place at the Customer’s premises unless otherwise agreed. Every effort will be made to deliver goods on time but no responsibility can be accepted for late or non-delivery.
3. All shortages, damages or non-delivery of goods must be notified to us by telephone within three working days and confirmed in writing within five working days of despatch.
4. Claims for shortages or non-delivery must be supported by the carrier’s consignment or proof of delivery note on which the goods have been signed for as unchecked, short, or damaged as appropriate.
5. No claims for shortages or damages will be entertained unless goods are checked at the time of delivery in the presence of the carrier’s employee. While every effort will be made to despatch goods on time, no responsibility will be accepted for late or nondelivery, or for any consequential loss whatsoever.
6. Goods despatched to any third party at the purchaser’s request are entirely at the purchasers’ risk, and it is the purchaser’s responsibility to ensure that goods are correct in every respect before any processing of the goods commences.
7. The Company will not accept any garments returned after 30 days from date of delivery.
8. The Company shall not be liable for any claim in respect of garments decorated by the customer.
9. The Company shall not be liable for any claim in respect of garments supplied by the customer for decoration by the Company. Such garments are supplied at the customer’s own risk.
10. The price payable is as set out on our website at the time of ordering. Carriage price will be added at the checkout/final invoice stage. Expedited deliveries will be charged at a premium rate.
11. All prices are subject to change without prior notice.
12. All prices are subject to VAT at the prevailing rate.
13. The Company is in no way responsible or liable for any indirect, or consequential loss, or for any loss to the customer arising from third party claims due to errors, defective dye, manufacturing or fabric faults, or any delay in delivery.
14. The Company reserves the right to charge 5% over the base rate for all overdue debts and to recover all legal fees that are incurred.
15. The Company shall not be liable in respect of any claims by the customer arising out of any of the conditions, warranties and guarantees subject to which the goods are offered. As to all of which matters, the customer shall satisfy himself.
16. Payment is required in advance of processing orders. For credit accounts, invoices shall become due for payment 30 days from the date of invoice unless otherwise agreed in writing by the Company. The Company reserves the right to charge interest on any balances overdue at a rate of 5% above the base rate of Barclays Bank plc from the stated payment date until payment has been received in full.
17. If any legislation is compulsorily applicable to any business undertaken, these terms and conditions shall, as regards such business, be read as subject to such legislation and nothing shall herein be constructed as a surrender by the Company of any rights or immunities, whether as an increase of its responsibilities, or liabilities under such legislation and if any part of these terms and conditions be repugnant to such legislation to any extent such parts as regards such business be void only to that extent, but no further.
18. The Company does not give, or imply any warranty that the goods sold do not infringe the Patent rights of a third party. If goods are manufactured to the customer's design, or according to the customer's instructions, the customer shall indemnify the Company in respect of all claims, damages, costs and expenses in respect of any alleged infringement. On discovery of such infringement, the Company shall be at liberty to terminate the contract and receive payment of all goods supplied, manufactured or allocated to the customer, even if not actually delivered to, or collected by the customer.
19. Unless specified on the contract, no guarantee is given or implied as to the quality, washing stability, colour-fastness, wearability, or making up quality of the goods supplied, nor as to their fitness for any purpose expressed. The customer shall in no case be taken to have relied upon the skill or expertise of the Company, or its agents.
20. Every effort will be made to carry out the contract, but its due performance is subject to cancellation by the Company, or to such variation as it finds necessary as a result of any Act of God, War, Strike, Lockout, or any other Dispute, Flood, Fire, Drought, Legislation, or other causes (whether of the foregoing class, or not) beyond the Company's control. No responsibility is accepted by the Company for late deliveries.
21. The construction, validity and performance of this contract shall be governed by the Laws of England and any legal proceedings in relation to such contract shall be submitted to the jurisdiction of the English Courts.
22. The Company reserves the right to charge a 4% surcharge on any payments cleared by credit card.
23. The Company reserves the right to alter any specification without prior notice. All garment sizes and colours are for guidance only.
24. The production of samples prior to an order being placed does not constitute a sale by sample. Whilst every effort will be made by the Company to produce compliance with the sample, the Company will not be responsible for any differences between the sample and the Goods supplied due to circumstances beyond its reasonable control. Whilst every effort will be made to give accurate estimates the Company retains the right to amend initial estimates and quotations for embroidery on finalisation of production - ready embroidery patterns.
25. Except in respect of death or personal injury caused by the Company’s negligence, the Company shall not be liable to the Buyer by reason of any representation (unless fraudulent) or any implied warranty, condition or other item, or any duty at common law, or under the express terms of the Contract, for any direct, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (and whether caused by the negligence of the Company, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Buyer, and the entire liability of the Company under or in connection with the Contract shall not exceed the price of the Goods, except as expressly provided in these Conditions.
26. The Company shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Company’s obligations in relation to the Goods, if the delay or failure was due to any cause beyond the Company’s reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Company’s reasonable control:- Act of God, explosion, flood, tempest, fire or accident; war or threat of war, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations, byelaws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lockouts or other industrial actions or trade disputes (whether involving employees of the Company or of a third party); difficulties in obtaining raw materials, labour, fuel, parts or machinery; power failure or breakdown of machinery.
27. Returned goods, including samples, will only be accepted if returned in perfect condition and within 30 days of the original delivery. Plain samples which are not returned within 30 days of the original delivery will be invoiced at list price. Discontinued & decorated garments will not be accepted. A 30% re-stocking charge will apply.