1. The Order
The order for the goods identified on the price list and order form (the Goods) shall be deemed to be an offer by the Customer to purchase the Goods pursuant to these Conditions from Niwaki (the Company). It is the intention of the Company that all terms of the contract between the Customer and the Company are contained in this document and in the brochures and specifications (if any) provided to the customer. Niwaki reserves the right to refuse any order for any reason at any time. If doing so after having recieved payment Niwaki will refund that payment in full.
2. The Goods
The Goods shall be manufactured and supplied in accordance with the description contained in the Company's published literature, or on the company's website, but the Company may from time to time make changes in the specification which do not materially affect their quality or fitness for purpose.
In the event of delivery failing to take place within 30 days of normal delivery date the Customer shall be entitled to a refund of the price in full. So far as any possible further liability of the Company is concerned it shall in this event only be liable for losses that are foreseeable, but if the Goods are used for business purposes the Company will not, in this event, be liable for any economic or consequential losses, costs or damages.
The Price of the Goods shall be in the most up to date price list, or the price directly related to the product on the website.
Payment in full shall be made with the Order.
The Goods shall be at the Company's risk until delivery.
7. Acceptance of the Goods
The customer is asked to
7.1 Examine the Goods at time of delivery and sign as received safely unless damaged, in which case do not sign for them, but return with the courier and contact us.
7.2 Notify the Company of any fault or damage as soon as reasonably possible.
8.1 The Company warrants that the Goods will be free from defects in material and workmanship and fit for the purpose identified in the Company's published literature, or on the Company's website, for the Warranty period. The Warranty period depends on the product purchased and is from the date of delivery. This Warranty does not affect the customer's statutory rights relating to faulty or mis-described goods.
8.2 Any claim for breach of the above Warranty shall be notified to the Company within a reasonable time after discovery.
8.3 Where any valid claim is made for breach of the above Warranty the Company will replace the Goods or the part in question free of charge and return the Goods to the Customer carriage prepaid by the Company. So far as any possible further liability of the Company is concerned it shall only be liable for losses that are foreseeable, but if the Goods are used for business purposes the Company will not be liable for any economic or consequential losses, costs or damages.
9. Damage or Loss
The Company shall not be liable for loss or damage (including without limitation loss or damage for death or injury) caused by defects in the Goods:-
9.1 Where such loss or damage or defects arise from failure to follow the directions and guidance set out by the Company for the use of the Goods in any published material supplied by the Company to the Customer whether with or separately from the goods or:-
9.2 where such loss damage or defects arise from fair wear and tear, wilful damage, negligence, abnormal working conditions, misuse, alteration, replacement or repair of the Goods (or some part or component of them) without the Company's approval.
10.1 Payment in full at time of order.
10.2 Cancellation of booking: full refund is given up to two weeks before the event. 50% refund for cancellations within two weeks of event.
10.3 The Company reserves the right to cancel workshops for any reason at any time. A full refund will be given.
11. Force Majeure
The Company will use all reasonable endeavours to fulfil its obligations but shall not be liable for any nonperformance of or delay in performing any of its obligations occasioned by any cause beyond the Company's control.
12. Governing Law
This Contract shall be governed by English Law.