Trade with Miracle Watering Cans is subject to the following terms and conditions.
Miracle Watering Cans is a trading name of Paul Sayers Bone (a sole trader).
The ‘Client’ and ‘Buyer’ means the individual/s, partnership, company, agency or organisation who commissions Paul Sayers Bone or purchases any products or services from Paul Sayers Bone.
The ‘Commission’ means a direct commission/purchase for watering cans, painting accessories or any other goods or services supplied or provided by Paul Sayers Bone.
On purchasing any products from Paul Sayers Bone or commissioning Paul Sayers Bone to undertake the work required, the Client is deemed to have accepted and will abide by these terms and conditions.
You are judged to have read and understood these conditions. It is a condition of placing an order that you are bound by these terms.
Paul Sayers Bone reserves the right to terminate any business relationship if a Client is deemed to have failed to abide by these terms and conditions.
Payment by the Client is required on placing the order for any commissions. The commissioned work will not be commenced and/or supplied until payment has been received in full.
Where payment on account is provided (subject to prior approval) all invoices must be paid for in full within fourteen days of date of issue. Invoices will be issued on commission of work. Payment on account may be withdrawn at any time.
Discount is provided at the sole discretion of Paul Sayers Bone. Where a Client is deemed to be in default of payment and/or these terms and conditions, the discount will be withdrawn and the applicable invoice/s amended, resulting in full charges being applied for which discount was previously provided.
In the event of the processing of the customer’s order being suspended or delayed as a result of any act or omission on the part of the customer for a period of 14 days, Paul Sayers Bone shall be entitled to payment for that part of the work relating to the customer’s order which has been processed.
If the customer fails to make any payment on the due date then, without prejudice to any other right or remedy available to Paul Sayers Bone, Paul Sayers Bone shall be entitled: – to cancel the contractor or suspend any further deliveries to the customer; to appropriate any payment made by the customer as Paul Sayers Bone may think fit (not withstanding any purported appropriation by the customer); and to charge the customer with all costs and expenses involved in collecting the overdue payment.
If credit card details have been used to make previous payments we reserve the right to draw any overdue balance from the card if we are unable to obtain payment by any other method.
A Finance Charge will be made on unpaid balances at the rate of 9% above the Bank of England base rate per month, plus a reminder fee of £8 for each reminder issued to the Client. This charge will be computed by applying the monthly rate to the statement value at the start of each calendar month, until payment in full is made (a part of a month being treated as a full month for the purposes of calculating interest). The buyer shall be liable to pay same in the event of late payment even after payment of the principal sum, acceptance of which does not absolve the buyer from liability for such interest.
Payment with 14-day terms, where granted, shall be at the discretion of Paul Sayers Bone and may be subject to completion of an application form for credit. 14-day terms are subject to withdrawal at any time. A credit limit of £500 applies for all 14-day accounts and will only be increased upon written application and further approval. Any account exceeding this limit will be judged to be a failed payment, and become due immediately with interest chargeable from the date of invoice. Deliveries of order will be suspended on all overdue accounts. Any cheques returned or stopped will be charged to the customer at £10 per instance, and accounts will be placed immediately on stop.
Costs and charges incurred in hastening the payment of an outstanding balance will be chargeable to the Client. Unpaid debts of Clients may be referred to a Debt Recovery Agency to obtain payment – all charges for services are liable to the Client. At the discretion of Paul Sayers Bone the debt may also be recovered by through action in the civil courts.
All invoices for work undertaken will be issued in advance and are to be paid in full prior to the delivery of the goods or commissioned work; unless previously agreed in advance.
All charges are subject to change without prior notice. Paul Sayers Bone reserves the right to alter prices at any time without prior notice.
Goods will be delivered by the most economical means by a carrier of our choice. Should the customer specify another means i.e. “overnight AM” the additional charges will be for their account. If the company undertakes to deliver the goods on or before a stated date, it shall use its best endeavours to comply therewith, but in the event of late delivery, the buyer shall not be entitled to vary or cancel the order nor shall Paul Sayers Bone be liable for any resultant damages consequential or otherwise occasioned by reason of a delay.
Any damages caused in transit are the sole responsibility of the carrier and shall be governed by their terms and conditions. Responsibility for all insurance claims resulting shall lie with the client. Paul Sayers Bone only use couriers who insure goods for their value at point of sale.
The signature of any employee or agent of the buyer is proof of receipt. In the event that Paul Sayers Bone cannot or do not obtain a signature the risk in the goods will nonetheless be born by the client.
The buyer will be liable for any additional carriage, storage charges, losses or damages arising if the customer refuses to take delivery of the goods ordered.
The Company reserves the right to make partial deliveries. Goods in each delivery or part delivery shall be considered sold under separate contract, which may be invoiced separately. Neither any non-delivery, nor shortages in delivery nor any claim by the Buyer in respect of any delivery or part delivery shall entitle the Buyer to reject any other goods.
Offers and Discounts
Offers or discounts provided (including additional package/service benefits offered free of charge) by Paul Sayers Bone to Clients may be withdrawn at any time, without prior notice.
Paul Sayers Bone shall not be liable for any indirect or consequential loss or for any loss to the customer arising from third party claims occasioned by any error, failure or delay in completing the order or by delay in delivery, including any alleged loss suffered from cessation of web services due to non-payment and/or due to holding pages posted or comments made stating that web or other services have been ceased due to non-payment. Time shall not be of the essence unless otherwise agreed in writing. Where work is defective for any reason, Paul Sayers Bone’s liability (if any) shall be limited to rectifying such defects in so far as Paul Sayers Bone is reasonably able to do so. Invoices must be settled in full before any consideration to disputes or refunds can be given.
Neither the company nor any of its suppliers, associate companies, officials, employees, shall be liable to the buyer or any third party for any loss or damage of any nature which may be suffered in consequence of any failure on the part of the company to deliver any goods timeously or at all or for any defects in goods arising from any other cause whatsoever, and the buyer hereby indemnifies the said parties and holds them harmless against all such claims and undertakes to be solely responsible for the satisfaction of all third party claims.
All special offers are governed by these and their own terms and conditions. Paul Sayers Bone reserve the right to cancel any offer at any time without exception. In the event of different parties under the same organisational heading approaching Paul Sayers Bone this shall be considered on individual merit and only if the Company considers the application to be genuine and from one client. A signed price agreement with that client may be required.
The guarantee of turnaround times is a courtesy extended to customers solely at our discretion. Turnaround will be calculated on the basis of supply before 3pm midday. Work submitted after 3pm will count as submission the following day. Refunds are subject to individual consideration and withdrawal at any time.
Errors and Omissions
Price lists, acknowledgements, invoices and the like are subject to correction for any errors or omissions.
a) The customer shall ensure that he has full authority to reproduce any material in which copyright subsists and Paul Sayers Bone reserves the right to refuse to undertake any work which infringes, or appears to infringe, the copyright of a third party.
b) The customer shall fully indemnify Paul Sayers Bone against any action, claim, demand, costs, charges and expenses arising from libel, or incurred by reason of any infringement or alleged infringement of any copyright letters patent, registered design trade mark, trade name, industry guidelines or any other intellectual property rights protected in the United Kingdom or any laws for the time in force in the United Kingdom by the publication or use or sale of the goods and against all costs and damages which Paul Sayers Bone may incur in any action for such infringement for which Paul Sayers Bone may become liable.
c) In the event of any claim being made or action brought against the customer arising out of the matters referred to in this clause, Paul Sayers Bone shall be promptly notified thereof.
Risk and Ownership
Ownership of the goods being the subject of this contract shall not pass to the buyer until they are fully paid for, but the risk in the goods shall be borne by the buyer from the date of uplift to the customer or where stored in accordance with ‘storage’ above. Rights of ownership of all artwork and multimedia work remain with Paul Sayers Bone excepting where a specific fee has been paid for the ownership of these services and a certificate has been issued with the invoice.
The buyer shall be liable for all legal costs (including attorney and own costs, collection, commission and tracing agents’ charges) incurred by the company arising out of any breach of the buyer’s part. In the event of any breach on the buyer’s part, the company shall be entitled to cancel the contract and to retain all amounts paid without prejudice to its rights to recover damages. No indulgence, leniency or extension of time which the company may grant or show to the buyer shall in any way prejudice the company or preclude the company from exercising any of its rights in the future.
Subject to the provisions hereof, no contract shall be capable of cancellation.
Paul Sayers Bone will make every effort to carry out the customer’s instruction and the resulting contract but shall be under no liability if unable to carry out any provision of the contract for any reason beyond Paul Sayers Bone’s control (without limiting the foregoing) including inability to secure labour, materials or supplies, breakdown of machinery or malfunctions, or as a result of any Act of God, war, labour dispute, fire, flood, legislation, failure of power supply or any cause beyond Paul Sayers Bone’s control. During the continuance of such contingency the customer may by notice in writing to Paul Sayers Bone elect to terminate the contract and pay for work done up to such notice and for materials used, but subject thereto shall otherwise accept delivery when available.
This agreement shall be governed by the laws of England and Wales.
These Terms and Conditions may be varied from time to time. Such variation shall be notified on the Paul Sayers Bone website.