Dawnmist Studio Terms & Conditions of Sale

All goods sold by us are sold subject to the following terms and conditions unless otherwise agreed in writing. Conditions attached to the Customer's order, where those are at variance with these terms and conditions, shall not be binding upon Dawnmist Studio unless accepted in writing by a duly authorised person on behalf of Dawnmist Studio.

2. Price and Delivery:

(a) Price quotations are valid for thirty days. Once an order has been accepted the quoted price will normally be held, however Dawnmist Studio reserves the right to vary prices in the event of unforeseen increases in materials costs.

(b) Delivery dates are given in good faith and every effort will be made to adhere to them. However time shall not be deemed to be of the essence, and Dawnmist Studio cannot accept liability for late delivery where the cause of delay is beyond Dawnmist Studio's reasonable control.

3. Title and Risk:

(a) Legal title to the goods shall remain with Dawnmist Studio until such time as Dawnmist Studio has received full payment of the price of the goods and the price of any other goods also supplied by Dawnmist Studio to the Customer, whereupon title shall pass to the Customer. Until that time the Customer shall keep the goods as the fiduciary agent and bailee for Dawnmist Studio, although the Customer may sell the goods to a third party within the normal course of its business on the condition that it shall account to Dawnmist Studio for the proceeds of such sale.

(b) If the Customer enters liquidation, has a winding up order made against it, has a receiver of its assets appointed or is in default of any payment due to Dawnmist Studio for longer than seven days then the right of the Customer to keep the goods shall be forfeit and Dawnmist Studio shall have the right (immediately after giving notice of its intention to do so) to enter the Customer's premises and repossess all such goods the title in which remains with Dawnmist Studio.

(c) Notwithstanding the above the risk in the goods shall pass to the Customer immediately upon delivery of the goods to the Customer's premises, and the Customer shall remain liable to Dawnmist Studio for the price of the goods in the event of loss or damage to the goods.

4. Payment:

(a) Unless otherwise agreed in writing, goods are to be paid for in full before delivery is made. We reserve the right to require a partial payment (deposit) to be made before we commence work on large or bespoke orders.

(b) Where credit facilities have been granted in writing, payment shall be made at the office of Dawnmist Studio on or before the thirtieth day after the Invoice Date (Tax Point). Dawnmist Studio reserves the right to charge interest at 3% per month on any amount outstanding after the due date.

5. Specifications and Performance:

(a) Any performance figures quoted are given in good faith and based upon performance levels actually obtained in tests performed by Dawnmist Studio. However Dawnmist Studio cannot guarantee performance where conditions of use are beyond our control or may be affected by interaction with products or materials not supplied by Dawnmist Studio.

(b) Every effort is made to ensure the accuracy of technical data and literature relating to the goods, but Dawnmist Studio (so far as permitted by law) shall have no liability in contract, tort or otherwise for any error or omission therein or any consequences of such error or omission.

6. Faulty or Damaged Goods:

All goods are inspected and, for electronic products, functionally tested prior to packing. If the goods are found to be damaged, incomplete or faulty on arrival, the customer shall give notice thereof to both Dawnmist Studio and the carrier within 7 days of delivery.

7. Guarantee:

(a) Dawnmist Studio guarantees to replace or repair any goods manufactured by it and found to its satisfaction to be defective as a result of faulty design, materials or workmanship for a period of 12 months from the date of delivery. Dawnmist Studio shall not accept liability for any faults caused or contributed to by modifications or repairs performed other than by Dawnmist Studio, nor for faults caused to the goods by improper use, mechanical shock or operation beyond their specified environmental and electrical limits. Breakage of fired ceramic items is explicitly excluded from any Guarantee owing to their inherently fragile nature. For goods repaired or replaced by Dawnmist Studio the guarantee shall terminate at the end of the original guarantee period.

(b) Goods not manufactured by Dawnmist Studio are supplied on condition that the liability of Dawnmist Studio in contract, tort or otherwise shall under no circumstances exceed the liability of the manufacturer of such goods to Dawnmist Studio.

(c) Repairs outside the terms of the Guarantee (e.g. to products outside the guarantee period) will be made at a standard hourly charge plus parts cost. Current charges are available on request from Dawnmist Studio.

(d) Goods returned for repair or replacement must be returned to Dawnmist Studio at the Customer's expense and risk, with a written report of the fault. Return carriage after repair will be charged to the Customer.

8. Force Majeure:

Dawnmist Studio shall have no liability for failure or delay in delivery or in performance of any of its obligations hereunder due to any cause outside Dawnmist Studio's control.

9. Intellectual Property Rights:

The Customer agrees not to attempt the reverse-engineering, copying or replication of any part of any artistic, electronic, mechanical or chemical product over which Dawnmist Studio holds Copyright or any other intellectual property right, nor to permit any other party to attempt such reverse-engineering, copying or replication.

10. Limitation of Liability:

(a) Except where such exclusion is prohibited by law, Dawnmist Studio shall not be liable in contract, tort, breach of statutory duty or otherwise for any loss or damage whatsoever (including any kind of consequential or indirect losses, loss of use, loss of profit or loss of business), howsoever suffered by the Customer or other party, beyond that provided in Section 7 above, and in any event Dawnmist Studio's liability (except in cases of personal injury or death caused by the negligence of Dawnmist Studio) shall not exceed the purchase price of the goods.

(b) Dawnmist Studio's products are not intended for use in safety-critical applications (defined as those whose failure to perform would cause a risk of death or injury) unless such use is specifically authorised by special contract signed by a duly authorised agent of Dawnmist Studio. Dawnmist Studio shall not accept any liability whatsoever for any unauthorised use in such applications.

11. Export Control:

The Customer accepts responsibility for complying with any applicable export controls in the event that the Customer exports the goods from the country in which the sale was made.

12. Cancellation and Returns:

Cancellation of any order, once placed, must be given in writing and is not operative until written confirmation thereof has been received by the Customer. Dawnmist Studio reserves the right to refuse any cancellation, or to levy any charge not exceeding the total value of the order in the event that such cancellation causes any loss to Dawnmist Studio. Except as provided in Section 7 above, no returns are permitted without Dawnmist Studio's prior agreement.

13. Law:

(a) This contract shall in all respects operate and be construed as an English contract and be subject to the jurisdiction of the English Courts.

(b) For all legal purposes including but not limited to the determination of applicable jurisdiction, all sales are deemed to take place at our office address in Exeter, England.

14. Enforceability:

If any provision or part of these Terms shall be ruled illegal or unenforceable by the English Courts then that provision or part alone shall be deemed stricken from these Terms, and shall not affect the legality or enforceability of any other part or provision of these Terms.