
Terms of Sale: Symphony Coatings
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1.1 In these Terms:
1.2 References to statutes include amendments, re-enactments, or extensions.
1.3 Headings are for convenience only and do not affect interpretation.
2.1 Goods are sold in accordance with the Seller’s written quotation or accepted order, subject to these Terms, which govern the Contract to the exclusion of any other terms.
2.2 No variation to these Terms is valid unless agreed in Writing by authorised representatives.
2.3 Employees or agents may not make binding representations unless confirmed in Writing.
2.4 Any advice on use, storage, or application is at the Buyer’s risk unless confirmed in Writing.
2.5 Typographical or clerical errors in quotations, invoices, or other documents are subject to correction without liability.
3.1 Orders are only accepted when confirmed by the Seller in Writing.
3.2 Online Orders & E-commerce: Buyer acceptance of terms occurs at order confirmation
3.3 The Buyer is responsible for order accuracy and timely provision of information.
3.4 Quantity, quality, and specifications are as per the accepted order or quotation.
3.5 The Buyer indemnifies the Seller against intellectual property claims arising from their specifications.
3.6 The Seller may modify specifications to comply with legal requirements or minor improvements.
3.7 Orders may not be cancelled without the Seller’s written consent, and cancellation incurs indemnity for losses.
3.8 Minimum cancellation charge is 25% of the invoice value.
4.1 Colour matching is achieved by the use of a spectrophotometer under the following light standards, D65, TL84, Filament and daylight.
As with all systems colour appearance can be affected by many different factors i.e. 1) Film weight 2) substrate 3) drying factors 4) light source 5) application method 6) operator.
Whilst this is not a comprehensive list these are some of the factors which can affect the appearance of the colour. All colour matching systems strive to achieve a best possible commercial match to the sample provided.
The Seller provides no guarantee that any manufactured colour to a sample provided will be a 100% match but an as close to as possible service.
The Seller provides no guarantee that newly made colours from previous orders will be a 100% match but an as close to as possible service.
The Buyer is responsible for ordering sufficient quantities to complete their project in a single batch. Claims arising from customers ordering additional quantities at a later stage will not be accepted. This includes situations where a customer orders an initial volume (e.g. 10 litres), runs out, and subsequently orders a second batch.
The Sellers packaging and Terms clearly state "check colour before application", and remains the buyers responsibility to do so. Repeated claims resulting from incorrect ordering or failure to follow this guidance will not be upheld.
5.1 Prices are as per quotation or current price list at the time of order acceptance.
5.2 Prices may be increased to reflect cost changes, delays, or changes requested by the Buyer.
5.3 Prices are ex-works unless otherwise agreed; delivery, packaging, and insurance may be charged separately.
5.4 Prices exclude VAT unless stated otherwise.
6.1 The Seller may invoice upon delivery or notification of readiness for collection.
6.2 Payment is due as specified in the invoice; time is of the essence.
6.3 If payment is late, the Seller may:
7.1 Goods are delivered at the Seller’s premises or other agreed location.
7.2 Delivery dates are approximate; delays do not breach the Contract unless agreed in Writing.
7.3 Partial deliveries constitute separate contracts.
7.4 If undelivered through the Seller’s fault, liability is limited to the replacement cost over the original price.
7.5 If the Buyer fails to accept delivery, the Seller may store or sell the Goods and recover losses.
7.6 Express shipment fees are agreed separately; liability is limited to carrier recoverable amounts.
8.1 Risk passes to the Buyer upon collection or delivery.
8.2 Property in the Goods remains with the Seller until full payment is received.
8.3 The Buyer holds the Goods as fiduciary agent, may resell in ordinary course, but must store, protect, and insure them.
8.4 The Seller may repossess Goods until full payment.
8.5 The Buyer may not pledge Goods as security; doing so makes all amounts immediately due.
9.1 No separate warranty for manufactured goods; the Seller may, at discretion, replace or credit defective Goods.
9.2 For third-party supplied Goods, the Buyer’s rights are limited to the supplier’s warranty.
9.3 The Seller is not liable for defects from Buyer specifications, misuse, neglect, or unpaid Goods.
9.4 Except as required by law, all statutory or implied warranties are excluded.
9.5 Consumer statutory rights are unaffected.
9.6 Claims must be notified within seven days of delivery or discovery.
9.7 Valid claims may result in replacement or refund only; the Seller has no further liability.
9.8 No liability for indirect, special, or consequential losses.
9.9 Delays due to causes beyond the Seller’s control (force majeure) limit liability.
10.1 The Seller indemnifies the Buyer for IP infringement claims not arising from Buyer specifications, subject to:
11.1 If the Buyer becomes insolvent, ceases business, or the Seller reasonably fears insolvency, the Seller may cancel or suspend deliveries, and all amounts become due immediately.
12.1 Notices must be in Writing to registered offices or notified addresses.
12.2 No waiver of breach affects future rights.
12.3 Invalid provisions do not affect remaining Terms.
12.4 The Contract is governed by English law; disputes submitted to English courts.
13.1 Promotions/offers cannot be used in conjunction with any other discounts unless otherwise stated.
13.2 The Seller reserves the right to decline orders for bulk or high value purchases and to change price and availability information without notice.
14.1 We hope you are delighted with your purchase; however, we understand that sometimes you may wish to return part or all of your order. Unless Goods have been supplied incorrectly or have arrived damaged, refunds will only be processed for items returned unused and in a resalable condition.
14.2 All discrepancies or issues with deliveries must be reported within 14 days of receipt.
(a) Unwanted Items
14.3 If you are not completely satisfied with your order, you may return unused Goods within14 days of purchase for a full refund of the product price.
14.4 Return shipping for unwanted items is the Buyer’s responsibility. We recommend using DPD Online, as some couriers may not handle liquid products. Goods must be returned in their original packaging; damaged returns cannot be refunded.
14.5 A 15% restocking fee will apply to cover administration and warehouse handling and will be deducted from any refund. Delivery charges paid for unwanted items are non-refundable.
14.6 Returns must beauthorised in advance, and the authorised return paperwork must be included in the package to avoid delays.
14.7 Products that are made-to-order, tinted, or otherwise customised (including bespoke colour coatings) are non-returnable.
(b) Incorrect Item Received
14.8 Every effort is made to ensure the correct Goods are dispatched. In the unlikely event you receive the wrong item, please contact us immediately. We will arrange for collection of the incorrect item and dispatch the correct Goods as soon as possible at no cost to you.
(c) Damage in Transit
14.9 While we take care to ensure Goods arrive safely, minor dents or cosmetic damage to packaging may occur and do not affect product performance. If you receive Goods that are seriously damaged or unusable, please contact us immediately so we can arrange a replacement or refund.
(d) Arranging Returns
14.10 To arrange a return, please email the appropriate company the goods was despatched from quoting your order number. Goods must be repackaged securely, ideally in their original packaging.
14.11 DPD is our preferred courier; you can arrange shipment directly via their website.
(e) Return Costs
14.12 If a return is due to the Seller’s error or damage in transit, the Seller will cover all return shipping costs.
14.13 If the return is due to change of mind, the Buyer is responsible for all shipping and associated costs, and the 15% restocking fee will apply.
(f) Used or Tested Products
14.14 Goods that have been opened, used, or tested cannot be refunded unless a manufacturing fault is identified. We strongly recommend ordering a tester pot or colour swatch prior to purchasing larger volumes.