Terms & Conditions
1.1 In these conditions “The Buyer” means the person whose order for Goods or Services is accepted
by the Seller by telephone or in writing, and upon receipt of a non-refundable deposit (as agreed).
“Goods” means the goods (including any instalment or part of Goods) which the Seller is to supply
in accordance with these conditions.
“Services” means any work contracted to, or carried out by the Seller.
“Seller” means Sir William Bentley Billiards, Dering Estates, Marten, Marlborough, Wiltshire, SN8
“Writing” includes telex, cable, facsimile transmissions and comparable means of communication
1.2 Any reference in these conditions to any provision of statute shall be construed as a
reference to that provision as amended, re-enacted or extended at the relevant time.
2 BASIS OF SALE
2.1 The Seller shall sell, and the Buyer shall procure the Goods or Services in accordance with the order,
subject to these conditions which shall govern the contract to exclusion of any other terms and
2.2 No variations to these
conditions shall be binding unless agreed between the parties.
3.1 The Buyer shall be responsible to the Seller for ensuring the accuracy of the terms of the
3.2 No order which has been accepted by the Seller may be cancelled by the Buyer except with the agreement in writing of the Seller and
on the terms that the Buyer shall indemnify the seller fully against all loss (including loss of profit)
suffered or incurred by the Seller as a result of cancellation.
4. PRICE OF THE GOODS OR SERVICES
4.1 The price of the goods or services shall be as agreed by the parties and shown within the order.
4.2 Unless otherwise agreed in writing by both parties all prices are exclusive of VAT.
5. TERMS OF PAYMENT
For U.K. sales the Buyer shall pay 30% (or different if agreed) at the time of the order
being placed, a further 30% interim payment when production commences and the final balance 2
weeks prior to delivery.
For overseas sales the Buyer shall pay 50% (or different if agreed) at the time of the order being
placed, a further 25% interim payment when production commences and the final balance prior to
shipment including shipping charges. (See Export Terms).
5.2 If the Buyer fails to make payment on the due date, then the Seller shall be entitled,
without prejudice to its rights to:
5.2.1 cancel the contract, retain any monies received by the Seller and/or
5.2.2 charge the Buyer 4% monthly interest on the outstanding balance until payment is
received in full.
6.1 Delivery of the Goods shall be made to the place agreed by the parties upon clearance of
final balance – see 5.1.
6.2 Any dates and/or times quoted for delivery are approximate only (due to handmade
production and materials) and the Seller shall not be liable for the delay in the delivery of Goods
however caused. Although we will obviously do our best to honour it.
6.3 If the Buyer fails to take delivery of the Goods then, without prejudice to its rights, the
6.3.1 store the Goods until actual delivery and charge the Buyer for reasonable costs of storage;
(minimum £10 per day) Your handmade Bentley Billiard table is very expensive to store and
requires specially heated conditions. Or
6.3.2 sell the Goods at the best price readily available charging the Buyer for any shortfall below the
price under contract.
7. RISK AND PROPERTY
7.1 Risk of damage to or loss of Goods shall pass to the Buyer at the time of
delivery/installation where Goods are delivered in the UK.
7.2 Risk of damage to or loss of the Goods shall pass to the Buyer at the time of shipment
where goods are delivered overseas.
7.3 Property of the Goods shall pass to the Buyer once the Seller has received full cash
payment or cleared funds payment.
8.1 The Seller shall not be liable in respect of defect arising from fair wear and tear, wilful
damage, negligence, abnormal working conditions, failure to follow the Sellers instructions (written
or oral), misuse or alteration or repair of the Goods without the Sellers approval.
8.2 The Buyer, or representative is responsible for supervising the installation of any goods or fulfillment of services. A full inspection should be made before the departure of the technicians, and the Buyer shall inform the techicians and notify the Seller of any defect at this time. In the absence of any such notification, once the installation is complete the Seller shall deem the goods or services as accepted. The Buyer shall not be entitled to later reject the Goods, nor shall the Seller have any liability for any defect or failure, that was not highlighted as specified above. The Buyer shall be bound to pay the full price of the Goods or services, in accordance with the Contract
8.3 The Seller shall not be liable to the Buyer or be deemed to be in breach of Contract by
reason of any delay in performing, or any failure to perform any of the Sellers obligations in relation
to the Goods, if the delay or failure was due to force majeure.
9.1 If any provision of these conditions is held by any competent authority to be invalid or
unenforceable in whole or in part the validity of the other provisions of these conditions and the
remainder of the provision in question shall not be affected thereby.
9.2 The Contract shall be governed by the laws of England.
Billiards UK Limited trading as Sir William Bentley Billiards
Registered Number: 11542770 – Registered Office: The Old Chapel, Union Way, Oxon. OX28 6HD