General: SML Paints and Coatings is a trading name of Shepherd Marine Limited. In these Terms & Conditions, SML Paints and Coatings are also shown as “SML” or “we” or “us” or “our” and the customer is also shown as “you” or “your”.
By placing an order on SML, you agree to be bound by the Terms & Conditions set out here so please read them carefully. If you do not agree to be bound by these Terms & Conditions, please do not place an order on SML. We accept no responsibility for, or liability to you for, the Terms & Conditions of any other company that may appear to be linked to SML but that is not under our control. These Terms & Conditions do not affect your statutory rights.
The clauses in these Terms & Conditions are numbered for convenience of identification only and this shall not in any way affect their interpretation.
1) Application of Terms & Conditions: These Terms & Conditions supersede any earlier set of Terms & Conditions. Unless agreed in writing by us, these Terms & Conditions shall apply to all contracts between SML and the customer and they shall override any Terms and Conditions stipulated, incorporated or referred to by the customer.
2) Representations etc: SML shall not be bound by any oral condition, warranty, guarantee or representation made, or purported to be made, on our behalf unless the same be in writing.
3) Product Details and Advice: All descriptions and illustrations shown on our website or in any of our advertising material, sales literature or corporate documentation are intended for information only and do not form part of any contract between SML and the customer. You are solely responsible for the selection, suitability, care and maintenance of any goods supplied by SML.
4) Prices: Prices are subject to external factors outside of SML’s control and prices can therefore be amended at any time without prior warning and at our discretion. When you have agreed a price with SML, that price will be held unless it later transpires that we have made a genuine error as SML are under no obligation to sell goods to you at an incorrect price. When you have not agreed a price with SML before placing an order, we shall be entitled to invoice goods at the prices ruling at the date of dispatch.
5) Tax & Duties: SML shall charge Value Added Tax and any other tax or duty for which you may be liable at the rate prescribed at the date of invoicing whether or not we have included such a tax or duty in any prior quotation or document.
6) Availability: SML are very rarely out of stock of any item but we do not guarantee 100% stock availability at all times. Special offer products will only ever be available for limited periods.
7) Passing of Risk: The risk in the goods contracted to be sold by SML shall pass to the customer either when the goods are delivered to you or in accordance with any specific instructions agreed in writing beforehand.
8) Passing of Property: Notwithstanding the preceding clause, the property in and title to the goods shall pass to the customer only when payment in full has been made for such goods.
9) Terms of Payment: Customers will usually pay SML in advance of goods being dispatched but, where an account facility has been agreed with a customer, payment to us shall be made in accordance with the terms printed on the front of our invoices. In the absence of specific printed terms on an invoice, payment must be made 30 days after the date of delivery. In accordance with statutory provision, we reserve the right to charge interest on late payments at a rate of 4% above Minimum Lending Rate. We also reserve the right to charge you any legal or other costs incurred in collecting late/outstanding payments.
10) Order Cancellation: If a customer wishes to cancel an order for products that we hold in stock, we shall return those products to stock and there will be no obligation for the customer to pay. If a customer wishes to cancel an order for products that we do not normally stock and that we have bought in or prepared specially for the customer, we shall be entitled to resell the goods and recover from the customer the difference between the price that we sell the goods for and the price that the customer agreed to pay.
11) Insolvency: If a customer ceases trading for any reason while holding goods supplied by SML that have not been paid for in full, we shall have the right to enter on the premises of the customer and collect such goods.
12) Force Majeure: If a contract between SML and a customer becomes impossible to fulfill or is affected in any way due to any circumstances beyond our control, we shall be entitled to cancel the contract or amend it as we deem necessary.
13) Problems on Delivery: You should carefully check the goods and accompanying documentation immediately on delivery to ensure that 1) our delivery note/invoice details correctly match your order requirements 2) the goods supplied correctly match our delivery note/ invoice details and 3) the goods supplied are in satisfactory condition. If there is a problem you should notify us within three working days as to why the goods are not in accordance with the contract. If the goods are inappropriate or defective in some way, SML shall collect them at our cost and either replace them with new stock or credit you with the full invoice price. If you do not notify us of any problem within three working days of delivery, we shall be entitled to assume that the goods have been supplied in accordance with the contract in which case you shall be bound to accept the goods and pay for them accordingly.
SML will not uplift and replace or credit any topcoat paint correctly mixed to a colour that you specify as these are specially mixed to order.
14) Problems during/after Application: You should carefully read the individual product Data Sheets shown on our Website and supplied with the delivered goods and ensure that you adhere to all of the application advice and instructions thereon. If you then experience any difficulty or problem at any stage of the application process, you must contact SML and provide full details at the earliest possible opportunity. If it transpires that you have not adhered to all of the application advice and instructions made available to you, SML will not be liable for the problem and we will not be obliged to take any further action.
15) Consequential Loss: SML shall not be liable for any form of consequential loss attributable directly or indirectly to any goods supplied by us. SML shall not be liable for any form of consequential loss attributable directly or indirectly to any work done by us or our suppliers/agents. SML shall only ever be liable for uplifting and replacing or uplifting and crediting goods that are inappropriate or defective.
13) Copyright and Trademarks etc: SML Paints and Coatings is a trading name of Shepherd Marine Limited. Shepherd Marine Limited own the copyright, trademarks and other intellectual property rights in all SML material and its content which you may use, download, copy, publish, transmit or otherwise make available by any other means only for your own personal, non-commercial use. Any other use or reproduction of the SML material and its content is strictly prohibited unless we have agreed to a formal request made by you in writing.
12) Our right to vary these Terms & Conditions: SML reserve the right to amend these Terms & Conditions at any time. You will be bound by the Terms & Conditions that were applicable on the date you placed your order.
13) Jurisdiction: These Terms & Conditions and all transactions relating to business conducted with you are governed by English Law and are subject to the exclusive jurisdiction of the English courts.