1. Definitions 1.1 “Company” shall mean Heritage Somerfield Group Ltd., Trading as Heritage Trade Frames its successors and assigns or any person acting on behalf of and with the authority of Heritage Trade Frames. 1.2 “Customer” shall mean the person or entity described as such on the invoices, customer trading application, quotation, work authorisation or any other forms to which these terms and conditions apply, and shall include any person acting on behalf of and with the au-thority of such person or entity. 1.3 “Guarantor” means that person (or persons), or entity, who agrees to be liable for the debts of the Customer on a principal debtor basis. 1.4 “Goods” shall mean Goods supplied by the Company to the Customer (and where the context so permits shall include any supply of Services as hereinafter defined) and are as described on the invoices, quotation, work authorisation or any other forms as pro-vided by the Company to the Customer. 1.5 “Services” shall mean all services supplied by the Company to the Customer and includes any advice or recommendations (and where the context so permits shall include any supply of Goods as defined above). 1.6 “Price” shall mean the cost of the Goods and/or Services as agreed between the Company and the Customer subject to clause 4 of these terms and conditions. 1.7 "Guarantor" means the guarantor named in the customer trading application form and Annex 1. 2. Application of these terms and conditions to consumers 2.1 Where the Customer buys Goods as a consumer these terms and conditions (in particular clauses relating to Risk, Disclaimer, Defects, Returns, Warranties, and Limitation of Liability) shall be subject to any laws or legislation governing the rights of consumers and shall not affect the consumer’s statutory rights. 3. Acceptance 3.1 Any instructions received by the Company from the Customer for the supply of Goods and/or the Customer’s acceptance of Goods supplied by the Company shall constitute acceptance of the terms and conditions contained herein. 3.2 The Customer shall be responsible to the Company for ensuring accuracy and sufficiency of its order (including of any applicable specification and/or sample) and for giving the Company any necessary information relating to the Goods within a sufficient time to enable the Company to perform in accordance with this agreement. 3.3 Where more than one Customer has entered into this agreement, the Customers shall be jointly and severally liable for all pay-ments of the Price. 3.4 Upon acceptance of these terms and conditions by the Customer the terms and conditions are irrevocable and can only be amended with the written consent of the Company. 3.5 The Customer undertakes to give the Company at least fourteen (14) days notice of any change in the Customer’s name, ad-dress and/or any other change in the Customer’s details. 4. Price and Payment 4.1 At the Company’s sole discretion the Price shall be either: (a) as indicated on invoices provided by the Company to the Customer in respect of Goods supplied; or (b) the Company’s quoted Price (subject to clause 4.2) provided that the Customer shall accept the Company’s quotation in writing within thirty (30) days. 4.2 The Company reserves the right to change the Price in the event of a variation to the Company’s quotation. 4.3 For the purposes of this agreement all trade discounts applied to any or all products supplied are deemed to be settlement dis-counts. Any failure to pay for the goods in accordance with the agreed payment terms will negate the settlement discount and the invoice shall be adjusted accordingly. 4.4 At the Company’s sole discretion a deposit may be required. 4.5 Time for payment for the Goods shall be of the essence and will be stated on the invoice or any other forms. If no time is stated then payment shall be due on delivery. 4.6 At the Company’s sole discretion: (a) payment shall be due on delivery of the Goods; or (b) payment shall be due before delivery of the Goods; or (c) payment for approved Customers shall be made by instalments in accordance with the Company’s payment schedule; or (d) payment for approved Customer’s shall be due thirty (30) days following the end of the month in which a invoice is emailed to the customers email address or posted to the Customer’s address or address for notices. 4.7 Payment will be made by cash, or by cheque, or by bank cheque, or by credit card, or by direct credit, or by any other method as agreed to between the Customer and the Company. Any payment made by a Business Credit Card shall incur an additional fee which shall represent 2.5% of the total invoice value. 4.8 VAT and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price. 1 Cranfielfd Road, Lostock Bolton BL6 4SB Standard Terms and Conditions Page 1 Heritage Somerfield Group Ltd. t/a Heritage Trade Frames : Standard Terms & Conditions 5. Delivery Of Goods 5.1 At the Company’s sole discretion delivery of the Goods shall take place when: (a) the Customer takes possession of the Goods at the Company’s address; or (b) the Customer takes possession of the Goods at the Customer’s address or other address nominated by the Customer (in the event that the Goods are delivered by the Company or the Company’s nominated carrier); or (c) the Customer’s nominated carrier takes possession of the Goods in which event the carrier shall be deemed to be the Cus-tomer’s agent. 5.2 At the Company’s sole discretion the costs of delivery are: (a) included in the Price; or (b) in addition to the Price; or (c) for the Customer’s account. 5.3 The Customer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. 5.4 In the event that the Customer is unable to take delivery of the Goods as arranged then the Company shall be entitled to charge a reasonable fee for redelivery. 5.5 In the event that the Customer is unable to take delivery of the Goods within fourteen (14) days of the notification by the Com-pany that the Goods are ready the company may store the Goods (on its own or any third party premises) and charge the Customer for its reasonable costs of storage. 5.6 Delivery of the Goods to a third party nominated by the Customer is deemed to be delivery to the Customer for the purposes of this agreement. 5.7 The Company may deliver the Goods by separate instalments. Each separate instalment shall be invoiced and paid for in accor-dance with the provisions in these terms and conditions.