Terms and Conditions for stockists.
Please read through these terms and conditions carefully. Upon placing an order with us, you are agreeing to the terms set out below. An e-mail will be sent to stockists notifying them of any changes to our terms and conditions.
Any orders placed after 01/08/2016 will be taken as full agreement to our Terms and Conditions and subject to the terms set out below.
East Rossdhu Drive
Company Registration Number: SC474052 (registered in Scotland)
Company VAT Number: 194 2689 65
1.1 All designs are protected by international rights of copyright. Any use of copyright material without prior notice and agreement from INSTRMNT Ltd will be considered a breach of copyright and legal action will be taken.
1.2 You will not without our prior written consent allow any of our logos or trademarks or other words or marks applied to INSTRMNT Ltd products be obliterated, covered, obscured or omitted or to add any additional words or marks.
1.3 No delay or failure on our part to enforce our rights or remedies under these terms and conditions shall constitute a waiver on our part of such rights and remedies unless such waiver is confirmed in writing.
2. NEW STOCKISTS
2.1 When you place your first order with us, it must be accompanied by payment in full.
2.2 Orders will only be confirmed upon receipt of payment in this instance. Subject to trade references, any subsequent orders will be applicable for 30 day payment terms.
2.3 Opening orders of over 40 units will receive 4 sample watches for customers to try on, free of charge. (These will be delivered pre-made without box, tool or pins and are not to be sold under any circumstances).
3.1 Minimum order numbers are set at 10 units.
3.2 Allow from a minimum of four weeks from confirmation of order for delivery to UK stockists, six weeks overseas.
3.3 When placing orders please email orders@Instrmnt.co.uk with the subject line stating stockist name, date, and the words ‘STOCK ORDER’. Please include a completed order form (available on request). Once we receive your order we will notify you as to whether it has been accepted either verbally or in writing.
4.1 All orders will be shipped using DPD Courier Service.
4.2 Shipping costs will be covered by INSTRMNT Ltd.
4.3 Overseas customers must take full responsibility for Import/Export duties (DDP will NOT be paid by INSTRMNT Ltd).
4.4 Delivery periods quoted at the time of ordering INSTRMNT Ltd products are approximate only and may vary.
4.5 Goods will be delivered to the address nominated by you at the time of ordering.
4.6 For orders despatched, please allow for 2-3 days delivery within the UK and 8-10 days for international delivery.
4.7 Notification by email will be sent prior to shipping to confirm delivery address and give an approximate delivery date.
5.1 A standard 30 day payment schedule applies to all stockists (excluding new stockists: please see above).
5.2 An invoice will be issued to you upon dispatch of the Goods. Value Added Tax will be added to all orders placed within the EU, which is payable by you.
5.3 Any variations on our payment terms will be stated on individual invoices and agreed prior to order fulfilment.
5.4 In the event of a query or dispute with an invoice, you must notify us of your query or the nature of your dispute within 3 days of the date on the invoice. Failure to notify within this time will mean that you are deemed to have accepted the invoice in full and the full amount is due and payable.
5.5 Failure to pay on time will result in late payment charges which shall be calculated in accordance with The Late Payment of Commercial Debts (Interest) Act 1998 (as amended) from the date the payment was originally due until the date of actual payment. We reserve the right to add interest at the current legal rate to all our invoices that are not paid within 30 days (or within an alternative timescale agreed prior to order confirmation).
5.6 Failure to pay may result in INSTRMNT Ltd taking further action which includes but is not limited to: further charges or details being passed to debt collection agencies.
5.7 We reserve the right to charge an administration fee for any late payment notices which we send to you in the event of your late payment. We also reserve the right to cancel any discount that we may have offered to you, to alter your payment terms and/or to suspend or cancel future deliveries in the case of late payment.
6.1 You may cancel your Order free of charge at any time up to the date of despatch.
6.2 Once the Goods have been despatched any cancellations will result in a re-stocking fee of 5% of the total value of the Order excluding VAT which shall become immediately due and payable to us. You shall be liable to ensure that the Goods are returned to us in good condition at your cost.
6.3 We reserve the right to cancel or suspend your order at any time if you become bankrupt or insolvent, enter into any arrangement with your creditors, or being a company, go into liquidation or are wound-up, or being a partnership, are dissolved or if, in our reasonable opinion, one of the aforementioned events is likely to occur. You must notify us in writing immediately if any one of the aforementioned events occurs. 6.4 In such cases you shall become liable to pay the total value of the Order if the product has been despatched or a re-stocking charge of 5% of the order value.
6.5 If we feel that our reputation and company standards are being damaged while continuing a business relationship, we also reserve the right to terminate our relationship with 30 days notice.
7. RRP AND DISCOUNTS
7.1 Wholesale prices may fluctuate due to market forces and we reserve the right to alter them periodically. 30 days notice will be given to all stockists prior to any price changes.
7.2 Discounts applied to INSTRMNT Ltd products cannot be more than 10% of the RRP set out in these Terms and Conditions.
INSTRMNT 01 - WATCH 180 GBP / 250 EURO / 280 USD
INSTRMNT O1 - STRAP 40 GBP / 50 EURO / 55 USD
7.3 To ensure retail cordiality, INSTRMNT Ltd products with discount applied can last no more than 31 days and being separated by a full price period of 28 days. This is to ensure a fair practice amongst our stockists worldwide.
8. OUR COMMITMENT
8.1 You must notify us immediately if you find any of our products supplied to be defective in any way (which must be no later than 7 days of receipt of the Order) and allow us an opportunity to investigate.
8.2 Where we have agreed that the Goods are defective then we will supply suitable replacement Goods free of charge and arrange for the return of defective products.
9.1 The Client, you, is permitted to re-sell the Goods to consumers only at specified locations or store branded websites only. Any changes to such locations will require our prior written/verbal consent.
10. THIRD PARTY STOCKISTS/MARKETPLACES
10.1 INSTRMNT Ltd reserve the right to protect our brand and determine where INSTRMNT Ltd products are sold. INSTRMNT Ltd MUST be notified prior to products being advertised through/on third party stockists and marketplaces such as eBay, Amazon, Trouva, etc and we reserve the right to block any of our products from being advertised on such sites. Failure to notify INSTRMNT Ltd and obtain prior agreement will result in sanctions placed on product availability, future order cancellation and/or further legal action being taken to have these items removed from third party sellers/marketplaces.
10.2 You agree that INSTRMNT Ltd products will be sold by you direct to consumers and not in bulk to entities for the purposes of re-selling.
10.3 Where we have reasonable grounds to believe that you have acted in breach of these Terms and Conditions we may forthwith withdraw our permission for you to sell our INSTRMNT Ltd products and you will no longer be entitled to sell our products and to use our logo.
11.1 INSTRMNT Ltd is the owner of all Intellectual Property Rights in the mark “INSTRMNT” including any derivation thereof. You hereby acknowledge such ownership rights and agree that you have no right or claim to the mark. You acknowledge that INSTRMNT Ltd places significant value on the Intellectual Property Rights in the “INSTRMNT” mark and hereby undertakes that it shall not at any time use the “INSTRMNT” mark or any derivation of the same other than as expressly agreed with INSTRMNT Ltd and in accordance with these terms and conditions. You agree not to use any trademarks, names or logos which are the same or confusingly similar to or infringe the “INSTRMNT” mark. You must promptly notify us in writing of any breach of this clause.
11.2 All advertising of INSTRMNT Ltd products requires the prior written consent of INSTRMNT Ltd. The Client is hereby granted a non-exclusive, revocable, royalty free licence to use the mark “INSTRMNT” on advertisements which have been approved by us only for the duration of the particular advertising campaign.
12.1 We are committed to ensuring privacy is protected. We are amember of the ICO (Information Commissioner's Office), the UK’s independent authority set up to uphold information rights in the public interest, promoting openness by public bodies and data privacy for individuals and companies.
13. LIMITATION OF LIABILITY
13.1 We shall not be held liable for any failure or delay in delivering the Goods where such failure arises as a result of any act or omission which is outside our reasonable control such as act of God or those of a third party.
13.2 We shall not be held liable for 3rd party misrepresentations of INSTRMNT products or 3rd party fraudulent misrepresentations.
13.3 Should either party decide that a business relationship can no longer be amicable and no reasonable compromise can be reached, termination of a business relationship will require a 30 day notice period in writing and the client shall be liable for any orders or outstanding payments due within that notice period.