Polices
Terms & Conditions
Kustom Props UK
Unit 10, Irlam Industrial Estate
Irlam
Manchester
M44 5AZ
Email: Kustompropsuk@hotmail.com
Company Registration No: 17320815
IMPORTANT – BUSINESS CUSTOMERS ONLY
Kustom Props UK supplies products on a business-to-business (“B2B”) basis only.
By placing an order with us, you confirm that you are purchasing the products wholly or mainly for purposes relating to your trade, business, craft or profession and not as a consumer.
Our products are intended for commercial customers including, but not limited to, event businesses, venue operators, prop-hire businesses, decorators, stylists, photographers and other commercial operators.
If you are purchasing wholly or mainly for personal use, you must inform us before placing an order. We reserve the right not to accept consumer orders.
Nothing in these Terms is intended to classify a customer as a business customer where, as a matter of law, that customer is acting as a consumer. Any rights which cannot legally be excluded or restricted will continue to apply.
1. Application of These Terms
These Terms and Conditions apply to all goods supplied by Kustom Props UK to business customers.
These Terms constitute the basis on which we agree to supply goods unless we expressly agree otherwise in writing.
By submitting an order, paying an invoice or deposit, or otherwise instructing us to proceed, you confirm that you are acting in the course of a business and agree to these Terms.
2. Our Products
We manufacture and supply MDF products including event props, letters, numbers, display products and other made-to-order or bespoke items.
Products may be manufactured specifically following receipt of an order.
Unless expressly agreed otherwise, our products are supplied for commercial use.
3. Made-to-Order and Bespoke Products
Products may be:
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standard products manufactured following an order;
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products manufactured using options selected from our standard range; or
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bespoke products manufactured to measurements, specifications, designs or other requirements supplied or approved by the customer.
The customer is responsible for checking that the product ordered is suitable for its intended commercial purpose.
4. Product Characteristics
Many of our products are handmade or manufactured from MDF and similar materials.
Minor variations may occur between products, including variations in finish, texture, edges, joins and dimensions arising from the manufacturing process.
Unless expressly stated otherwise, MDF products are supplied unfinished and may require preparation, priming, painting or finishing.
Product photographs are illustrative. Colours and appearance may vary because of lighting, screens, materials and manufacturing processes.
Minor manufacturing characteristics which do not materially affect the product’s intended use will not constitute defects.
5. Measurements and Specifications
The customer is responsible for checking all measurements, dimensions, names, numbers, spellings, specifications, designs and other information supplied to us.
Where products are manufactured according to information supplied or approved by the customer, we will not be responsible for an item being unsuitable because that information was incorrect.
This does not apply where the error was made by Kustom Props UK.
6. Customer Approval
We may provide drawings, proofs, designs or specifications for approval before manufacture.
The customer is responsible for checking these carefully.
Once approval is provided, we may immediately begin manufacturing the order.
Changes requested after approval may incur additional costs and extend production times.
Where manufacturing has progressed sufficiently, requested changes may not be possible.
7. Orders and Formation of Contract
An order placed by a customer constitutes an offer to purchase goods from us.
A contract is formed when we accept the order.
Acceptance may take place by written confirmation, invoice, payment confirmation or confirmation that manufacturing will proceed.
We reserve the right to refuse an order before acceptance.
8. Prices and Payment
Prices are those stated in the applicable quotation, invoice, order confirmation or other written agreement.
Delivery and other applicable charges may be charged separately.
Payment must be made according to the payment terms stated on the quotation or invoice.
We are not required to commence manufacturing until any required deposit or payment has cleared.
9. Deposits
Where a deposit is required, it secures the customer’s order and allows us to commit resources, materials and manufacturing capacity.
If an order is cancelled, we may retain or recover a reasonable amount representing costs, work undertaken, materials committed and losses reasonably incurred as a result of the cancellation, subject to applicable law.
10. Cancellation by Business Customers
Because our products are manufactured for commercial customers and many orders are made to order or bespoke, business customers do not have an automatic consumer 14-day cooling-off right.
Cancellation requests must be made to us in writing as soon as possible.
An order may only be cancelled with our agreement once it has been accepted.
Where we agree to cancellation, the customer will be responsible for reasonable costs and losses resulting from the cancellation, including work already undertaken and materials purchased or committed to the order.
Where manufacture has been completed or substantially completed, we may require payment of the outstanding contract price, subject to our duty to mitigate our losses and applicable law.
11. Production Times
Any production, build or completion date provided by us is an estimate unless we expressly agree in writing that a particular date is a guaranteed contractual deadline.
A BUILD OR PRODUCTION DATE IS NOT A DELIVERY DATE.
Production times may change because of order volumes, manufacturing requirements, availability of materials or circumstances outside our reasonable control.
Customers must allow sufficient time for delivery when planning events, bookings or onward hire of our products.
12. Customer Events and Bookings
The customer is responsible for managing its own event dates, customer bookings, hire commitments and other commercial obligations.
Unless we expressly guarantee a delivery date in writing, the customer must not rely upon an estimated production or build date as a guaranteed delivery date.
We strongly recommend that customers do not make time-critical commitments based solely on an estimated production date.
13. Delivery
Delivery arrangements and charges will be agreed as part of the order.
The customer must provide accurate delivery information and ensure that somebody is available to receive the goods where required.
Additional reasonable charges arising from incorrect delivery details, failed delivery attempts or redelivery may be charged to the customer where the circumstances are the customer’s responsibility.
14. Inspection on Delivery
As these are commercial transactions, customers must inspect goods promptly following delivery.
Visible transit damage, shortages or obvious defects should be reported to us within 48 hours of delivery wherever reasonably possible.
Please provide photographs of:
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the affected product;
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the packaging;
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any visible damage; and
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the delivery label where relevant.
Customers should retain the packaging while a delivery claim is being investigated.
Failure to notify us promptly may affect our ability to pursue a courier claim or determine when damage occurred.
This clause does not exclude liability which cannot lawfully be excluded.
15. Defective Goods
If goods have a genuine manufacturing defect attributable to us, please contact us promptly with photographs and details of the issue.
We will investigate the problem and, where appropriate, may repair the product, replace the affected product, provide an appropriate credit or refund, or agree another reasonable solution.
Nothing in these Terms excludes rights or remedies which cannot lawfully be excluded in a business-to-business contract.
16. Damage Following Delivery
We will not be responsible for damage caused after delivery as a result of:
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incorrect handling;
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incorrect storage;
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bowed boards
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moisture or unsuitable weather conditions;
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incorrect installation;
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misuse;
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accidental damage;
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modification;
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inappropriate painting or finishing;
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failure to follow instructions; or
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normal commercial wear and tear.
17. MDF Products
Unless expressly stated otherwise, MDF products are intended to be kept dry and protected from excessive moisture.
Customers are responsible for using appropriate materials and methods when preparing, painting, finishing, transporting, storing and installing products.
18. Installation and Safe Use
Unless installation by Kustom Props UK has expressly been included in the contract, the customer is responsible for the safe installation, positioning, securing and use of products.
The customer must carry out any appropriate risk assessments required for its commercial use of the products.
Products must not be used in a manner which is unsafe or inconsistent with their intended purpose.
19. Customer’s Own Clients
Where the customer hires, resells, supplies or otherwise makes our products available to its own clients or other third parties, the customer is responsible for its contractual relationship with those parties.
Unless expressly agreed otherwise in writing, Kustom Props UK is not a party to any agreement between the customer and its own client.
The customer’s cancellation, refund, compensation or other obligations to its own clients do not automatically create an equivalent liability for Kustom Props UK.
20. Customer-Supplied Designs and Intellectual Property
Where a customer supplies a logo, photograph, artwork, design, trade mark or other material, the customer confirms that it owns the necessary rights or has permission for us to reproduce that material.
The customer will be responsible for claims resulting from material supplied by it where it did not have the necessary rights or permissions, subject to applicable law.
Our own designs, templates, photographs and other intellectual property remain our property unless expressly agreed otherwise in writing.
21. Changes Requested by the Customer
Changes requested after an order has been accepted are subject to our agreement.
Additional manufacturing, design, material or administrative costs resulting from the change may be charged.
Changes may also alter the estimated completion date.
22. Limitation of Liability
Nothing in these Terms limits or excludes liability for:
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death or personal injury caused by negligence;
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fraud or fraudulent misrepresentation; or
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any other liability which cannot lawfully be limited or excluded.
Subject to the above, we will not be liable for indirect or consequential losses arising from a business transaction where such liability may lawfully be excluded.
In particular, subject to applicable law and the other provisions of these Terms, we will not be responsible for loss of profit, loss of business, loss of anticipated savings, loss of commercial opportunity, loss of goodwill, or claims made against the customer by its own clients where those losses are indirect or consequential.
Any financial limitation of liability must be interpreted subject to applicable law and the requirement for contractual limitations between businesses to be reasonable where the law requires this.
23. Events Outside Our Reasonable Control
We will not be liable for failure or delay caused by circumstances outside our reasonable control, including serious transport disruption, fire, flood, natural disaster, widespread utility failure, major supply-chain disruption or similar events which we could not reasonably prevent.
We will take reasonable steps to minimise the effects of such circumstances.
24. Complaints
Any complaint relating to an order should be sent to:
Kustom Props UK
Unit 10, Irlam Industrial Estate
Irlam
Manchester
M44 5AZ
Email: Kustompropsuk@hotmail.com
Please include your order details and sufficient information for us to investigate the matter.
25. Data Protection
We will process personal information in accordance with applicable UK data protection law and our Privacy Policy.
26. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in force.
27. Waiver
A delay or failure by either party to enforce a contractual right does not automatically constitute a waiver of that right.
28. Variation
The Terms applicable to an order are those in force and supplied or made available when that contract is entered into.
Any material variation to an existing contract must be agreed between us and the customer unless otherwise permitted by law.
29. Entire Agreement
These Terms, together with the applicable quotation, invoice, approved specification and written order confirmation, constitute the agreement between Kustom Props UK and the customer concerning that order.
Each party acknowledges that it has not relied on a statement or representation not recorded in the agreement, except that nothing in this clause excludes liability for fraud or fraudulent misrepresentation.
30. Governing Law and Jurisdiction
These Terms and any dispute or claim arising from them will be governed by the law of England and Wales.
The courts of England and Wales will have jurisdiction in relation to disputes arising from these Terms, subject to any mandatory legal requirements which apply.
31. Business Customer Confirmation
By placing an order with Kustom Props UK, the customer confirms that:
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the order is being placed wholly or mainly for purposes relating to a trade, business, craft or profession;
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the person placing the order has authority to place the order on behalf of that business where applicable;
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the customer has checked the product specifications, dimensions and order details; and
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the customer has read and agrees to these Business-to-Business Terms and Conditions.
Kustom Props UK supplies business customers only. If you are purchasing wholly or mainly for personal use, please contact us before placing an order.
Contact Us
If you have any questions regarding our products, lead times, delivery arrangements, or these terms and conditions, please do not hesitate to contact us.