Definitions

1. The Natural Mat Company Ltd "the company"
2. All mattresses, upholstery, bedding, fabrics and materials etc. "goods"

Quotations/Estimates

3. Quotations/estimates given by the company are subject to acceptance within the valid date as provided. All quotations are given in good faith and based on specifications, information, materials and labour costs available at that time. The company reserves the right to revise such quotations/estimates should any further information or circumstances outside the company's control, arise.
4. Subject to agreement to the contrary, a delivery date is given in good faith and is not guaranteed. However, delivery shall be within a reasonable period of time of any date specified, bearing in mind all the circumstances of the particular potential order.

Orders

5. Unless otherwise specified, our terms for new constructions are a 50% non-returnable deposit, to be paid with a confirmed order. Orders will not be processed and/or production slots allocated unless this deposit is received.
6. An Order Acknowledgement with an estimated completion date is given in good faith on the understanding that all relevant information and the deposit have been received. The estimated completion date shown on the order acknowledgement denotes the estimated "in house ex-works" production completion date. This clause applies to all trade and retail customers.
7. The company will not, unless otherwise agreed by them in writing, use existing covers/cushions as templates.
8. If, in the course of executing any work, the company find any defect in the goods that, in their opinion, should be rectified without delay and before the owners consent can be reasonably obtained, the company reserve the right to carry out such necessary repair at their discretion and to charge the same to the owner. Notice of any such repair will be forwarded to the owner forthwith.
9. All goods/property left with the company that are to be repaired, worked on, moved, stored or otherwise managed are at the sole risk of the owner. Customers should therefore ensure that their goods/property are adequately insured against all risks. Customers themselves should also ensure that they themselves are adequately insured against third party risks as they may be liable for the damage caused by themselves or their crew whilst on or about the company's premises.
10. Acceptance of goods for repair, other treatment or for storage is subject to the provisions of TORTS (Interference with Goods Act 1977), which confers on us as Bailees of right of sale exercisable in certain circumstances. Such sale will not take place until we have given notice to the owner in accordance with the Act. For the purpose of the act it is hereby recorded there: (a) goods for repair or other treatment are accepted by us on the terms that the owner will take delivery of the goods in accordance with clause 12 of these terms when the repair or other treatment has been carried out (b) our obligation as custodian of goods accepted for storage ends upon the expiry of lawful termination or the grant to the owner of facilities for storage.
11. In all cases where a contract to occupy any storage space, property or facilities may be lawfully terminated by notice, the same shall be deemed lawfully served if served personally or sent by registered or recorded delivery to the last known address for the customer.
12. The company have the right to exercise a general lien upon any goods whilst in or upon our premises until such time as any monies due to us from the owner in respect of such goods, whether on account or storage, work done or otherwise, is paid.

Completion of goods

13. An invoice will be rendered when goods are ready for collection/despatch and/or installation/delivery to the customer's yacht. Under all circumstances accounts for new construction, service work and repairs and the supply of any other goods or services must be paid for in full prior to the goods leaving the premises of the company. Any other payment terms must be agreed in writing at the time of order acceptance, or in the case of trade customers will be subject to the conditions of a trade agreement drawn up by the company.
14. Interest will be charged at a rate of 2% over and above the current bank base rate per month on overdue accounts
15. VAT is applicable to all items including carriage postage/packing charges with the exception of goods delivered/despatched directly from our premises to an address outside the EC with proof of export being required
16. All goods shall remain the property of the company until the customer has paid for them in full. Until that time the customer shall hold them as Bailee and store them in such a way that they can be identified as the property of the company and keep them separate from the customer's own property and the property of any other person.

Delivery/Despatch

17. All carriage/postage/packing prices are given in good faith and may be altered without notice upon completion of goods, dependent on weight, size, and mode of transport of final consignment.

Warranties /guarantees

18. Any goods manufactured by the company will carry a 12-month warranty from date of invoice against defective workmanship and/or materials. Any goods not manufactured by the company but provided on a supply basis only to the customer shall carry solely the original manufacturers warranty. In no event will the company accept liability to any customer for subsequent damage caused due to faulty or unsuitable equipment supplied
19. The company recognises its responsibilities under the Sale of Goods Act 1893 as amended and nothing in the company's terms of business shall affect those statutory rights.

Disclaimers

20. The company reserve the right to cancel and/or postpone any fitting/templating/measuring appointments, at short notice, due to poor weather conditions or situations beyond their control.
21. Any subcontractor charges incurred by the company from any third party for carrying out work directly related to a client's project will be passed on, at cost, to the customer for payment.
22. The company will not be held responsible for any accidental damage incurred whilst undertaking any works at a client's premises. No responsibility will be accepted for any subsequent damage due to leakage, depreciation or wear and tear.
23. Whilst every effort is made to ensure standard colours are used the company cannot accept any responsibility for shade variation between any swatch supplied and the final product. Any request by the customer for the company to match the colour of any existing work will be at the owners own discretion and risk
24. All orders, written or verbal are accepted on the understanding that the above terms of business, where applicable, shall apply to each and every transaction.