Terms & Conditions

SML PAINTS AND COATINGS - TERMS & CONDITIONS
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 for 30 days 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 invoice. In accordance with statutory provision, we reserve the right to charge interest on late payments at the rate of 4% above Bank Rate from the date the payment was
due. We also reserve the right to charge you any legal or other costs incurred in collecting late/outstanding payments.
10) Order Cancellation: Pre-Dispatch - If a customer wishes to cancel a low value order (less than £1000) for products that we normally hold in stock (products which we modify
by the addition of colourant are not stock items), we shall return those products to stock and there will be no obligation for the customer to pay. If a customer wishes to cancel
a high value order (greater than £1000) for products that we normally hold in stock, we shall be entitled to sell any surplus stock volume beyond our normal stock level quickly
at a discounted price and recover from the customer the difference between the price that we sell the surplus stock volume for and the price that the customer agreed to pay. If
a customer wishes to cancel an order for products that we do not normally hold in stock and that we have bought in and/or prepared specially for the customer, we shall be
entitled to resell the products quickly at a discounted price 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.
Post-Dispatch – The same terms shall apply as shown above under “Pre-Dispatch” but in addition we shall be entitled to recover from the customer the carriage costs incurred
in both delivering and then collecting the goods.
11) Returns: SML will not uplift and replace or credit any paint correctly mixed to a colour that you have specified as these are specially mixed to meet your order. We may
accept returns of stock items correctly supplied provided that prior arrangement has been made within 30 days of the original supply. Items returned must be unused and in a
saleable condition to qualify for a full refund. We are not able to accept returns of non-stock items. The carriage cost of returns will be borne by the customer. It is the customer’s
responsibility to package the items in a manner suitable for the return journey. In the event that the outbound consignment qualified for free or reduced carriage and the value
of the return is such that carriage would have been paid had the goods to be returned not been supplied, then a charge equal to the normal outbound carriage charge will be
added to the return carriage cost.
12) 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 the premises
of the customer and collect such goods.
13) 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.
14) Action 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.
15) Action prior to Application/Usage: You should carefully read the Health, Safety & Environment guidelines shown on the Home Pages of our websites. You should also carefully
read the Technical Data Sheets, Manufacturers’ Safety Data Sheets and Application Guides for each product that you have purchased. These documents are all shown on our
websites and can be printed. If you are unsure of the action that you will need to take in respect of any product, please contact SML before starting the application/usage process.
16) Action during Application/Usage: You should ensure that you adhere to all of the application instructions and advice shown within the Technical Data Sheets, Manufacturers’
Safety Data Sheets and Application Guides for each product that you have purchased. If at any time during the application and usage of any product you are unsure of the action
to take, you should contact us before proceeding further.
17) Problems during or after Application/Usage: If you experience any difficulty or problem at any stage of the application or usage 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 instructions and advice made available to you, SML will not be liable for the
problem and we will not be obliged to take any further action.
18) 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.
19) 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.
20) 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 unauthorised or unlawful access of your personal
information. If you supply information to SML through the internet 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.
21) 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.
22) 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.
END
Jun-21