In these Terms and Conditions (Terms), the following words and phrases shall have the following meanings:

• “The Customer” means the person, firm or Company who purchases the Goods from the Company:
• “Business/Trade Customer” means any body who is purchasing the goods for business purposes or purchasing them to retail under this contract.
• “Consumer Customer” means any person whom the Company contract under this contract who does not fall into the category of Business/Trade Customer.
• “The Company” means Exmoor Trim Ltd., of Trakkers House, Roughmoor Trading Estate, Williton, Somerset TA4 4RF; mail@exmoortrim.com
• “Contract” means the contract between the Company and the Customer which shall be deemed to incorporate these Terms;
• “Goods” means any Goods agreed in the Contract to be supplied by the Company to the Customer;
• “Place of Delivery” means the place to which the Goods are to be delivered.
• In these Terms, reference to any statute or statutory provision shall be construed as a reference to such statute or statutory provision as amended, modified, re-enacted or replaced from time-to-time.
• “VAT” means the prevailing rate of Value Added Tax at the time that the Customer becomes liable to make payment to the Company.
• “Cooling off Period” means seven clear working days, as defined by Regulation 3(1) of the Distance Selling Regulations starting the day after the Goods are received by the Customer.
• “Distance Selling Regulations” means the Consumer Protection (Distance Selling) Regulations 2000 (SI 2000/2334) as amended, superseded or updated at the date of this contract.

The Contract shall be on these Terms to the exclusion of all other terms and conditions, including any such terms and conditions that are purported to be included or applied by the Customer.

No terms and conditions contained in the confirmation of order, purchase order or other document of the Customer will form part of the Contract.

• The Company agrees to sell and the Customer agrees to buy the Goods that the Customer has ordered. The Customer must also agree to pay the Company the VAT in respect of the Goods.
• If the Customer requires the Company to arrange delivery of the Goods, the Customer takes any risk arising from such delivery.
• If the Customer requires the Company to arrange delivery of the Goods, the Company will provide the Customer with details of such cost of such delivery. The Customer agrees to pay the Company the costs of any delivery.
• Any dates specified by the Company for delivery of the Goods are intended to be an estimate only. If no date is specified for delivery of the Goods, delivery shall be within a reasonable time.
• Subject to the other provisions of these Terms, the Company shall not be liable for any loss, whether direct or consequential, economic or loss of profits or otherwise, arising directly or indirectly out of any delay in the delivery of the Goods nor will any delay entitle the Customer to terminate or rescind the Contract unless the delay exceeds 60 days.

• Ownership in the Goods shall not pass to the Customer until the Company has received in full in cleared funds all sums due to the Company in respect of the Goods and all other sums which are or may become due to the Company from the Customer on any account.
• Until ownership of the Goods has passed to the Customer, the Customer shall:
• hold the Goods on a fiduciary basis as the Company’s bailee;
• store the Goods separately from all other Goods of the Customer or any third party in such a way that they remain identifiable as the Company’s property;
• not destroy or deface any identifying mark on the Goods or their packaging;
• maintain the Goods in satisfactory condition insured with the Company’s interest noted on the policy and hold any proceeds of such insurance on trust for the Company and not mix them with any other money.

The Company reserves the right to vary the quoted price, and Goods will be invoiced to the purchaser at the price ruling at the date of dispatch unless otherwise agreed by the Company in writing. All prices quoted are exclusive of Value Added Tax of 17.5% if applicable.

6. Payment

Payment shall not be deemed to have taken place until the receipt by the Company of cleared funds.

• The Company warrants that the Goods are of satisfactory quality.
• If the Customer wishes to make a claim under this warranty, the Customer shall give written notice to the Company within 30 days of the discovery of the defect and give the Company a reasonable opportunity to inspect the Goods in question.
• The Company shall not be liable for any breach of warranty if the Customer makes any further use of the Goods after giving such notice or alters or repairs the Goods without the agreement of the Company.
• The Company’s liability under the warranty shall be limited to repairing or replacing the Goods in question or refunding the price of such Goods.

• If the Customer is a Consumer Customer, the Customer has a right to cancel this contract as long as the Customer does so within the Cooling off Period of 7 days providing the Company with written confirmation by letter, fax or e-mail to the Company’s main address.
• If the Customer is a Business or Trade Customer, the Customer has no right to cancel this contract.
• If this contract, or part of this contract concerns Goods involving the following;
• Goods the Company has made personally to you or
• Goods the Company has made to your specification

then you have no right to cancel this contract. However, the Customer may cancel this contract in as much as it applies to any other Goods.