Terms and Conditions

General: SML Paints and Coatings (1) recommend that the customer (2) prints out and keeps a copy of these Terms & Conditions for future reference.

By accessing this Website and/or placing an order through this Website 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 continue to access or use this Website. These Terms & Conditions do not affect your statutory rights.

These Terms & Conditions only apply to this SML Website. Any other Websites which are linked to and from this Website are governed by their own Terms & Conditions and SML accepts no responsibility for or liability to you for Websites that are not under our control.

We will not be responsible for or liable to you for any loss of content or material that you upload or transmit through the SML Website.

The numbered headings in these Terms & Conditions are included for convenience of identification only and 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 & Conditions stipulated, incorporated or referred to by you

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 made in writing.

3) Product Details and Advice: All descriptions and illustrations shown on this Website (or in any other SML advertising or sales literature) 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 for goods on this Website appear on the individual product pages and are visible inclusive of and exclusive of Value Added Tax. Prices are subject to change and shall be amended at any time without prior warning and at SML's discretion. Despite our best efforts it is possible that there will be some data input or coding errors on this Website that affect the prices of individual products and/or total order values. If we discover any such error we will inform you as soon as possible. We will give you the option of reconfirming your order at the correct value or cancelling the order and receiving a full refund. SML are under no obligation to sell goods to you at the incorrect price.

5) Availability: SML are 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.

6) Passing of Risk: The risk in the goods contracted to be sold by SML shall pass to you either when the goods are delivered to you or in accordance with any specific instructions agreed in writing beforehand.

7) Problems on Delivery: You should carefully check the goods and any accompanying documentation on delivery to ensure that 1) our invoice details correctly match your order requirements, 2) the goods supplied correctly match our 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 we are not obliged to take any further action.

SML will not uplift, replace or credit any topcoat correctly mixed to a colour that you specify.

8) Problems during/after Application: You should carefully read the individual product Data Sheets shown on this 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 opportunity. If it transpires that you have not adhered to all the application advice and instructions made available to you then SML will not be obliged to take any further action.

9) 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.

10) 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 content on this Website 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 or content is strictly prohibited. Jotun Paints (Europe) Limited own the copyright, trademarks and other intellectual property rights in all Jotun material and content on this Website.

11) Data Protection and Privacy: Any personal information that you provide to SML and from which you can be identified is stored securely and confidentially and is processed fairly and lawfully in accordance with our privacy policy. We take appropriate technical measures to protect you against any unauthorized or unlawful access of your personal information. When you supply information to SML you accept the risks associated with the internet and you will not hold us responsible for any loss of your information unless we have breached our duty of care to you.

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 this Website are governed by English Law and are subject to the exclusive jurisdiction of the English Courts.

14) Note (1) above: In these Terms & Conditions SML Paints and Coatings are also shown as "SML" or "we" or "us" or "our".

15) Note (2) above: In these Terms & Conditions the customer is also shown as "you" or "your".

 

22nd January 2012