(As recommended by the British Antique Dealers' Association and registered under the Restrictive Trade Practices Act 1976)
1.1 In these terms and conditions:-
"Customer" means the person who accepts a quotation of the Seller for the sale of the Goods or whose order for the Goods is accepted by the Seller and/or the person referred to overleaf;
"Goods" means the antique(s) and/or work(s) of art, which the Seller is to supply in accordance with these Conditions;
"Seller" means Manfred Schotten Antiques;
"Conditions" means these terms and conditions of sale and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Customer and the Seller;
"Contract" means the contract for the sale and purchase of the Goods,
"Writing" includes telex, cable, facsimile transmission and comparable means of communication.
1.2 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
1.3 The headings in these Conditions are for convenience only and shall not affect their interpretation.
2. Basis of the Sale
2.1 These Conditions shall apply to the Contract and govern the Contract to the exclusion of any other terms and conditions which the Customer may purport to apply under any purchase order, confirmation of order or similar document.
2.2 All orders for Goods shall be deemed to be an offer by the Customer to purchase Goods pursuant to these Conditions.
2.3 No variation to these Conditions shall be binding unless agreed in Writing by the Seller.
2.4 The Seller's employees or agents are not authorised to make any representations concerning the Goods unless confirmed by the Seller in Writing, In entering into the Contract, the Customer acknowledges that it does not rely on, and waives any claim for breach of, any such representations which are not so confirmed.
2.5 Any typographical, clerical or other error or omission in any quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the seller.
3.1 No order submitted by the Customer shall be deemed to be accepted by the Seller unless and until confirmed in Writing by the Seller's authorised representative.
3.2 No order which has been accepted by the Seller may be cancelled by the Customer except with the agreement in Writing of the Seller and on terms that the Customer shall indemnify the Seller in full against all loss (including loss of profit), costs, damages, charges and expenses incurred by the Seller as a result of cancellation.
4. Price of the Goods
4.1 The price of the Goods shall be the price set out overleaf.
4.2 Except as otherwise stated under the terms of any quotation or in any price list of the Seller on the basis of delivery to the Customer at the Seller's premises and, where the Seller agrees to deliver the Goods otherwise than at the Seller's premises and, where the Seller agrees to deliver the Goods otherwise than at the Seller's premises, the Customer shall be liable to pay the Seller's charges for transport, packaging and insurance ("transport costs").
4.3 The price is exclusive of any applicable value added tax, which the Customer shall be additionally liable to pay to the Seller.
5. Terms of Payment
5.1 The Customer shall pay the price of the Goods together with any applicable value added tax and transport costs [on delivery/within 30 days of the date of the Seller's invoice]. If payment by cheque is accepted, that acceptance is conditional upon payment in full on first presentation. The time of payment shall be of the essence of the Contract. Receipts for payment will be issued only upon request.
5.2 If the Customer fails to make any payment on the due date, then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to:-
5.2.1 cancel the Contract or suspend any further deliveries to the Customer;
5.2.2 appropriate any payment made by the customer to such of the Goods (or the goods supplied under any other contract between the Customer and the Seller) as the Seller may think fit (notwithstanding any purported appropriating by the Customer); and
5.2.3 charge the Customer interest (both before and after any judgement) on the amount unpaid, at the rate of two per cent per annum above HSBC Bank Plc's base rate from time to time, until payment in full is made (a part of the month being treated as a full month for the purpose of calculating interest).
6.1 Delivery of the Goods shall be made to the Customer at the Seller's premises at any time after the Seller has notified the Customer that the Goods are ready for collection or, if some other place for delivery is agreed by the Seller, by the Seller delivering the Goods to that place.
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Disclaimer of Warranties
THE SERVICES, THE CONTENT AND THE INFORMATION ON THIS WEB SITE ARE PROVIDED ON AN "AS IS" BASIS. MANFRED SCHOTTEN ANTIQUES, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE. MANFRED SCHOTTEN ANTIQUES, ITS AFFILIATES AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, SECURITY OR TIMELINESS OF THE SERVICES, CONTENT OR INFORMATION PROVIDED ON OR THROUGH THE MANFRED SCHOTTEN ANTIQUES WEB SITE OR SYSTEMS. NO INFORMATION OBTAINED VIA THE MANFRED SCHOTTEN ANTIQUES SYSTEMS OR WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED BY MANFRED SCHOTTEN ANTIQUES IN THESE TERMS AND CONDITIONS.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF IMPLIED WARRANTIES, SO THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. IF YOU ARE DEALING AS A CONSUMER, THESE PROVISIONS DO, NOT AFFECT YOUR STATUTORY RIGHTS THAT CANNOT BE WAIVED, IF ANY. YOU AGREE AND ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND WARRANTY PROVIDED IN THESE TERMS AND CONDITIONS ARE FAIR AND REASONABLE.
Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MANFRED SCHOTTEN ANTIQUES, ITS AFFILIATES OR LICENSORS OR ANY THIRD PARTIES MENTIONED AT THE MANFRED SCHOTTEN ANTIQUES WEB SITE BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OF OR INABILITY TO USE THE MANFRED SCHOTTEN ANTIQUES WEBSITE AND MANFRED SCHOTTEN ANTIQUES SYSTEMS, SERVICES, CONTENT OR INFORMATION WHETHER BASED ON WARRANTY, CONTRACT, TORT, DELICT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MANFRED SCHOTTEN ANTIQUES IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT IN NO EVENT SHALL MANFRED SCHOTTEN ANTIQUES TOTAL LIABILITY FOR ANY DAMAGES (DIRECT OR OTHERWISE) OR LOSS REGARDLESS OF THE FORM OF ACTION OR CLAIM, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED EUR 100.00. TO THE EXTENT PERMITTED BY LAW, THE REMEDIES STATED FOR YOU IN THESE TERMS AND CONDITIONS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS AND CONDITIONS.
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