All orders are accepted by Kuda Creative subject to the Terms and Conditions of Sale set out below.
All orders for products and services are accepted by Kuda Creative Ltd. subject to these terms and conditions of sale. No other
terms will apply to the supply of products and services by Kuda Creative unless agreed in writing by an authorised signatory of Kuda Creative.
All descriptions of the products and services contained in the catalogue, or otherwise communicated to the Customer are approximate
only, and shall not form any part of the contract between Kuda Creative and the Customer. Kuda Creative may correct any errors in the catalogue without
liability to the Customer.
The prices of the products and services are as set out on the Kuda Creative web site (www.kudacreative.com) and catalogue that are current at the
date of despatch. All prices exclude VAT, which Kuda Creative will add at the rate applicable at the date of despatch. Whilst Kuda Creative will try to maintain the prices quoted, Kuda Creative reserves the right to change them without prior notice at any time before order acceptance.
Kuda Creative reserves the right to decline to trade with any company or person. In addition, Kuda Creative may decline to accept any order, whether or not payment has been received, by giving notice of non-acceptance to the Customer by telephone, facsimile or e-mail within 24 hours (excluding weekends and public holidays) of receipt by Kuda Creative of the order. If Kuda Creative declines to accept an order where payment has been
received, Kuda Creative will refund the payment.
Kuda Creative executes orders to the Customer’s requirements, and does not substitute one product for another unless requested by the Customer, or unless the product has been superseded. Orders sent in confirmation of telephoned instructions should be clearly marked “CONFIRMATION”, otherwise Kuda Creative will accept no responsibility for duplication of despatch. In the event of such duplication, the duplicate goods will be accepted back by Kuda Creative provided that they have been returned to Kuda Creative in their original condition and packaging and in a condition which will enable them to be immediately fit for re-sale. The Customer must submit orders using Kuda Creative stock numbers and the priced units used on the web site and in the catalogue and must specify the delivery services required.
4. Delivery & collection
There are no deliveries on Sundays, public holidays or between Christmas Eve and the first working day of the New Year. Delivery will normally be made to the Customer’s usual business address as notified to Kuda Creative unless otherwise notified to Kuda Creative at the time of ordering.
Customers may collect goods from Kuda Creative during normal business hours and collection times must be agreed in advance with Kuda Creative.
5. Inspection, transit delays and non-delivery
The Customer must inspect the products as soon as is reasonably possible after delivery and shall, within 2 days of the date of delivery, give notice to Kuda Creative in detail of:
a) Any defect in the product that is apparent on reasonable examination. In this case Kuda Creative shall, at Kuda Creative’s discretion, replace the products or refund the purchase price. In any event the Customer must refuse parcels delivered to it in a damaged condition;
b) Any shortfall in products delivered. In this case Kuda Creative shall, at its discretion, deliver the undelivered products or refund the price of the undelivered products;
c) Any delivery of products not in accordance with the order. In this case Kuda Creative shall, at Kuda Creative’s discretion, replace the products or refund the purchase price. If the Customer fails to give any such notice, the products shall be conclusively presumed to be, in all respects, in accordance with the order and free from apparent defects, and the Customer shall be deemed to have accepted the products accordingly. The Customer must notify Kuda Creative of any products invoiced but not delivered within 2 days of the invoice date, quoting the invoice number. The Customer must notify Kuda Creative of any non-delivery of the products within 2 days of the promised despatch date.
Unless specified otherwise above under ‘Delivery’, the Customer’s exclusive remedy shall, at Kuda Creative’s sole discretion, be re-delivery of the products or refund or credit of the purchase price. The remedies set out above are the Customer’s exclusive remedies for non-delivery, late delivery or short delivery of products, or for apparent defects in the products or delivery of products not in accordance with the order. Kuda Creative shall not be liable for any other losses, consequential or otherwise, arising from non-delivery or late delivery.
Non-account Customers can make payment by credit/debit card. The Customer may only use those credit cards that Kuda Creative chooses to accept, and may only be used for payment when ordering, not as payment of accounts, and are subject to authorisation. Any subsequent refund will be made to the credit card account.
All payments must be made without any set-off, deduction or counterclaim.
7. Passing of Risk and Property
Risk of loss of or damage to the products shall pass to the Customer at the time of delivery. The property in the products shall not pass to the Customer until all sums due or owing to Kuda Creative by the Customer on any account have been paid, and until payment the following provisions shall apply. Except where full payment is made in cash, the whole of the price shall not be treated as paid until any cheque or other instrument of payment given by the Customer has been met on presentation or otherwise honoured in accordance with its terms. If the Customer defaults in the punctual payments of any sum owing to Kuda Creative, then Kuda Creative shall be entitled to the immediate return of all products sold by Kuda Creative to the Customer in which the property has not passed to the Customer. The Customer thereby irrevocably authorises Kuda Creative and its employees and agents to recover the products and to enter any premises of the Customer for that purpose.
Demand for or recovery of the products by Kuda Creative shall not of itself discharge either the Customer’s liability to pay the whole of the price and take delivery of the products or Kuda Creative’s right to sue for the whole of the price.
8. Product and Availability Information
Kuda Creative reserves the right, without prior notice, to discontinue any product or to make design changes as part of its continuous programme of Product improvement, or to assist product availability. Design changes may take place during the life of the catalogue. Kuda Creative recommends that the Customer verifies dimensions and other data published the catalogue together with future availability, before incorporating Products into designs or for other critical purposes. Dimensions and other physical characteristics are subject to normal
The information contained within the web site and catalogue was, so far as Kuda Creative was aware, correct at the time of entry.
Where the Customer intends to supply the products to any other person, the Customer shall ensure that all warnings, labels, instructions, manuals and other information in respect of the products or their use which are supplied with the products are not lost or damaged in any way whilst the products are in its possession or under its control and that they are supplied with the products when it releases them from its possession or control.
Unless otherwise confirmed, nothing on the website or in the catalogue is to be taken as a representation of the source of origin,
manufacture, or production of the Products or any part thereof.
Kuda Creative warrants that if defects appear in products, under proper use, it will replace or repair the product or refund the purchase price. This warranty is subject to a claim being made in writing to Kuda Creative within 12 months of the original date of despatch, or such other period as may be indicated by Kuda Creative for specific products from time to time. This warranty is also subject to the products or parts to which the claim
relates being returned to Kuda Creative within that period suitably packaged, carriage paid and, where relevant, in accordance with any particular instructions which Kuda Creative may have notified to the Customer at the time of supply.
Returned products or parts must be accompanied by an advice note stating the original invoice number in respect of the products and the nature of any claimed defect, together with Kuda Creative’s Goods Return Form number and any such further information as Kuda Creative may at the time of supply have stipulated.
Where the Customer returns products otherwise than in accordance with these warranty provisions, Kuda Creative may refuse such products and return them to the Customer at the cost of the Customer.
Any products or parts which are replaced by Kuda Creative shall become the property of Kuda Creative.
Save as expressly provided in these terms and conditions of sale, all implied warranties, terms and conditions (whether statutory or
otherwise) are excluded to the fullest extent permitted by law and Kuda Creative will not be liable to the Customer for any loss of any kind whatsoever which arises out of the breach of implied warranties, terms or conditions (statutory or otherwise) or breach of any other duty of any kind imposed on Kuda Creative by operation of law. The Customer acknowledges that it is responsible for ensuring that the products it orders
are fit for the purposes for which it intends to use them.
Kuda Creative shall not be under any liability for damage, loss or expenses resulting from the failure to give advice or information or the giving of incorrect advice or information (including, without limitation, advice or information given or not given by or through the Kuda Creative technical department) whether or not due to its negligence or that of its employees, agents or subcontractors.
In no event shall any breach of any express or implied terms of the contract between Kuda Creative and the Customer, or any order accepted by Kuda Creative, or any other duty of any kind imposed on Kuda Creative by law arising out of or in relation to the contract or order, or in respect of any defect in the products, give rise to any liability for punitive damages, loss of revenue, loss of profits or expected future business, damage to
reputation or goodwill, loss of any order or contract or any consequential or indirect loss or damage arising from any cause.
Kuda Creative’s liability (if any) to the Customer for a breach of any express or implied terms of the contract between it and the Customer, or any order accepted by Kuda Creative, or any other duty of any kind imposed on Kuda Creative by law arising out of or in relation to the contract or order, or in respect of any defect in the products, shall be limited to the price paid for the goods.
Nothing in this ‘Liability’ paragraph shall exclude or limit the liability of Kuda Creative for death or personal injury caused by the negligence of Kuda Creative or its employees, agents or subcontractors, or for fraud.
11. Returns Policy
The customer may only return products to Kuda Creative, and receive a credit or refund, on the following conditions:
The Customer may only return product to Kuda Creative for a refund or credit with the prior consent of Kuda Creative. Returns must be made within 30 days of the date of delivery (as stated on the delivery documentation). Products must be returned to Kuda Creative in their original condition and packaging and in a condition which will enable them to be immediately fit for re-sale. The Customer must include an advice note stating
the original invoice number in respect of the products and the relevant Kuda Creative Goods Return Form number (which can be obtained from
Kuda Creative’s Customer Service Department).
Where specific instructions appear in the catalogue or with any product regarding its return to Kuda Creative, the Customer must follow such instructions.
If the Customer does not quote invoice details or the Kuda Creative Goods Return Form number, the credit will be based upon the lowest sales price.
For products returned due to Customer error or no longer required and returned in accordance with this clause 10 a handling charge of 25% of the invoice value, subject to a £5.00 minimum, will be applied.
Where the Customer returns products to Kuda Creative not in accordance with this clause 10 (for example, after 30 days from the date of despatch and in an unfit state) Kuda Creative will refuse delivery or may apply a handling charge which relates to the actual cost of reprocessing (subject to a minimum 25% of invoice value and a £5.00 minimum).
This returns policy excludes non-catalogue products and specially manufactured products.
All products are returned to Kuda Creative at cost to the Customer and at the Customer’s risk. Kuda Creative accepts no responsibility for any loss of or damage to them or any items received by Kuda Creative with them.
Products to be returned to Kuda Creative should be adequately packed and despatched freight prepaid, clearly labelled to: CUSTOMER RETURNS
DEPARTMENT, Kuda Creative Ltd, Unit 228, 5 high Street, Maidenhead SL6 1JN.
The Customer may not cancel orders once accepted by Kuda Creative. Any cancellation (or part cancellation) of an order will only be accepted on written agreement with Kuda Creative, the terms of which will indemnify Kuda Creative against any expense incurred by Kuda Creative. In the event of part cancellation,
Kuda Creative may invoice the Customer any difference in selling price per unit applicable to the quantity actually despatched up to the time of cancellation compared to the quantity ordered.
13. Order Amendments
The Customer may not amend orders once accepted by Kuda Creative. Any amendments of an order will only be accepted on written agreement with Kuda Creative, the terms of which will indemnify Kuda Creative against any expense incurred by Kuda Creative.
14. Repair Services
Kuda Creative offers repair services in respect of the products. The conditions which apply to these services are set out below.
The repair service is subject to the availability of parts and is only available if the product has not suffered excessive physical or electrical damage and is free from modifications. Kuda Creative may at its absolute discretion either repair the product or replace it with a substitute product.
The Customer must pay the relevant charges plus applicable VAT as per Clause 6. Where the Customer has an authorised credit account with Kuda Creative and encloses a properly authorised written order with the product the Customer may pay through such account and will be invoiced in due course.
All products are sent, held by, and returned to the Customer at the Customer’s risk and Kuda Creative accepts no responsibility for any loss or damage to them.
15. Outsourced Products
Products which are not stocked by Kuda Creative (‘Outsourced Products’) will be sold at the prices set out in the relevant quotations supplied by Kuda Creative.
These prices will remain fixed for orders despatched within any period mentioned in the relevant quotation. Any data sheets prepared by manufacturers and supplied with Outsourced Products are supplied by Kuda Creative without any representation or warranty concerning the information in them. Accordingly, Kuda Creative will not be liable in connection with the supply of such information or any omission or inaccuracy
contained in it. Returns, part returns or cancellations of an order for Outsourced Products can only be accepted after prior negotiation and agreement to terms which indemnify Kuda Creative against any expense incurred. In the event of part cancellations Kuda Creative may invoice the Customer any difference in selling price per unit applicable to the quantity despatched up to the time of cancellation compared to the quantity ordered.
16. Force Majeure
Kuda Creative will not be in breach of its contract with the Customer for any delay in performing, or failure to perform, its obligations under these terms and conditions of sale if that delay or failure was due to any cause or circumstance beyond Kuda Creative’s reasonable control or by its inability to procure services, materials or articles required for the performance of the contract except at enhanced prices. In these circumstances, Kuda Creative may at its sole option delay the performance of, or cancel the whole or any part of, the contract without liability to the Customer. In particular, although Kuda Creative will use reasonable endeavours to deliver back orders by the date stated by Kuda Creative, Kuda Creative shall not be
held responsible for any delay in the delivery of such orders.
The Customer acknowledges that Kuda Creative owns the copyright in the catalogue, and that its whole or partial reproduction without Kuda Creative’s prior written consent is prohibited.
18. Data Protection and Customer Information
Kuda Creative is registered as a data controller under the Data Protection Act. Kuda Creative may keep and use personal details of the Customer and its
employees for the purposes of providing services to the Customer. In addition Kuda Creative may need to disclose the Customer’s and its
employees’ details to organisations working on behalf of Kuda Creative anywhere in the world (for example, credit reference agencies, mailing houses and call centres).
Kuda Creative may send to the Customer and its employees details of other products and services offered by the Company that may interest the
Customer. If the Customer or its employees do not want to receive details of these offers then they should contact the Kuda Creative Sales Department by e-mail at email@example.com.
The Customer consents that Kuda Creative may use the name of the Customer by disclosing it to certain Kuda Creative suppliers for market research and commission purposes.
19. Law and Jurisdiction
The contract between Kuda Creative and the Customer shall be governed by and interpreted in accordance with English Law and the Customer submits to the jurisdiction of the High Court of Justice in England, but Kuda Creative may enforce the contract in any court of competent jurisdiction.