The buggy blanket designed to stay put!

Terms and conditions

1.  These conditions are the terms on which Stay-put contract for the Sale of Goods and no variation of them shall be of any effect unless expressly agreed in writing by Stay-put.

2.  Unless otherwise agreed in writing these conditions shall prevail over any terms or conditions otherwise stipulated, incorporated or referred to by the Buyer whether in the order or in any negotiations and whether or not the same is expressed to override these conditions.

3.  Stay-put shall have no liability whether in contract or tort or whether imposed by common law, trade custom, statute or otherwise for any warranty, representation or advice made or given by it, its servants or agents or on its behalf in respect of the good sold and whether the same was made or given negligently or otherwise and whenever the same was made or given whether before the contract or otherwise.

4.  No order shall be binding upon Stay-put unless it is expressly accepted in writing by Stay-put.

5.  All prices are exclusive of Value Added Tax and/or any other taxes, levies, duties or surcharges.

6.  Stay-put reserves the right, by giving notice to the Buyer at any time before delivery, to increase the price of the goods to reflect any increase in the costs to Stay-put which is due to any factor beyond the control of Stay-put (such as, with-out limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the cost of labour, materials or other costs manufacture), any change in delivery dates, quantities or specifications for the goods which is requested by the Buyer, or any delay caused by any instruction of the buyer or failure of the Buyer to give Stay-put adequate infirmation or instructions.

7.  Postage, packing, carriage, delivery or handling (whether in transit or otherwise) if not included in the quotations or estimates are chargeable as extra.

8.  The Buyer shall pay the price of the goods (without any deduction other than any discount to which the Buyer is entitled) within 30 days of the date of Stay-putÕs invoice and Stay-put shall be entitled to recover the price notwithstanding the delivery may not have taken place and the property in the goods has not passed to the Buyer. Stay-put shall thereupon be entitled to charge and the Buyer shall pay interest to Stay-put calculated at the rate of 2.5% per month upon purchase price or any part outstanding.

9.  Stay-put only undertake to deliver the goods to the ground floor entrance of the Buyers premises during Stay-putÕs normal business hours.

10.  If for any reason the Buyer is unable to or does not collect or take delivery of any goods at the time when the same are due and ready for collection or delivery Stay-put shall, if and only its storage facilities permit, store the goods and take all reasonable steps to prevent their deterioration until the Buyer takes delivery thereof and the Buyer shall be liable to Stay-put for the reasonable cost including storage and insurance of so doing. This condition shall be in addition to and not in substitute for any other payment or damages for which the Buyer may be or become liable in respect of this failure to take delivery at the appropriate date.

11.  Any times and/or dates whenever and whosoever stated or given by Stay-put and relating to the sale by Stay-put of any goods are given and intended as best estimates only and shall under no circumstances whatsoever be or become of the essence of any agreement between the Buyer and Stay-put shall under no circumstances whatsoever be liable to the Buyer for any loss, damage, expenses, whether caused or arising directly or indirectly by or from any delay in the delivery of goods or the alteration to the said times or dates.

12.  All claims arising out of or relating to the goods to any part thereof alleged by the Buyer to have been damaged before delivery or delivered short (whether the goods or any part have been the subject of a sale) shall be notified in writing to and received by Stay-put within 7 days of any such delivery if the said notifcation of any claim as aforesaid is not received by Stay-put within the said period Stay-put shall be under no liability whatsoever in respect of the said damage or short delivery.

13.  If Stay-put shall have any liability to the Buyer in respect of or arising out of the sale of goods whether under the contract therfore or at common law or under trade statute or otherwise that liabilty shall be limited to the amount of the price paid for the goods less one twenty-fourth part therefore for each month which elapsed betwen the delivery of the goods to or the collection of the goods by the Buyer and the date of receipt of a complaint in respect thereof by Stay-put.

14.  If Stay-put supply goods involving the carrying out of work by Stay-put on land and/or premises not occupied by Stay-put (other than for the purpose of carrying out the said work the Buyer will indemnify and keep Stay-put indemnified in respect of any liability of Stay-put arising out of the carrying out of that work (whether such liability arises under the contract or at comon law or under trade custom statute or otherwise) and whether or not that liability is to the Buyer, his servants, agents or employees or is to any other person and in persuance of this obligation the Buyer undertakes to insure accordingly
(i) If the goods to be supplied by Stay-put are to be manufactured or any process is to be applied to goods by Stay-put in accordance with a specification submitted by the Buyer, the Buyer shall indemnify Stay-put against all loss, damages, costs and expenses awarded against or incurred by Stay-put in conection with or paid or agree to be paid by Stay-put in settlement of any claim for infringement of any patent, copyright, design, trade mark or other industrial or intellectual property rights from any person which results from the Stay-put's use of the Buyer's specification.(ii) Stay-put reserves the right to make any changes in the specifiction of the goods
which are required to conform with any applicable statutory or EEC requirements or where the goods are to be supplied to Stay-put's specification which do not materially affect their quality or performance.

15.  No goods, whether the subject of a sale agreement or whether on approval, shall be returned to Stay-put's premises unless written notice thereof has been given to Stay-put and Stay-put has agreed thereto.

16.  The risk in respect of any goods the subject to these conditions shall in all cases pass to and be borne by the Buyer upon the taking of delivery or collection of the same by or on behalf of the Buyer from Stay-put's premises aforesaid or upon any such delivery by or on behalf of Stay-put s is set out in condition 11 of these conditions.

17.  If the Buyer has not paid the whole of the purchase price and/or any addition to or variation therefore howsoever arising and shall commit an act of bankruptcy or have a receiver appointed whether by order or otherwise or a Winding Up order is commenced against the Buyer, or shall make any arrangement with the Buyer's creditors or any assignment for the benefit of such creditors or if distress or execution shall be levied or threatened upon any of the Buyer's property or any judgement against the Buyer shall remain unsatisfied for more than 14 days or if the Buyer shall abandon the goods then this agreement shall automatically and without notice determine and the Buyer shall not be in possession of the goods with the owner's consent. In such event Stay-put may at any time recover the goods and dispose of them as Stay-put see fit.
(i) Notwithstanding delivery and the passing of risk in the goods or any other provision of these conditions the property in the goods shall not pass to the Buyer until Stay-put has received in cash or cleared funds payment in full of the price of the goods and all other goods agreed to be sold by Stay-put to the Buyer for which payment is then due.
(ii)Until such time as the property in the goods passes to the Buyer, the Buyer shall hold the goods as Stay-put's fiduciary agent and bailee, and shall keep the gods, seperate from those of the Buyer and third parties and properly stored, protected and insured and identified as Stay-put's property, but the Buyer shall be entitled to resale or use the goods in the ordinary course of business.
(iii) Until such a time as the property in the goods passes to the Buyer (and provided the goods are still in existence and have not been resold). Stay-put shall be entitled at any time to require the Buyer to deliver up the goods to Stay-put and, if the Buyer fails to do so forthwith, to enter upon any premises of the Buyer or any third party where the goods are stored and repossess the goods.
(iv) The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the goods which remain the property of Stay-put, but if the Buyer does so all monies owing by the Buyer to Stay-put shall (without prejudice to any other right or remedy of Stay-put) forthwith become due and payable.

18.  Where the performance by Stay-put of any contract the subject of these conditions is prevented, frustrated or impeded by any cause beyond its control including but not limited to war invasion, act of foreign enemy hostilities (whether war be declared or not) civil war, rebellion, revolution, insurrection, usurpation of power, change in the law of any country whether by direct legislation or indirect legislation, rule, regulation or order, strike, lock-out, trade dispute, accident or breakdown, the contract shall be discharged and Stay-put shall be relived of all its liabilities hereunder provided however that where Stay-put has paid any money or incurred any expenses or other liability in respect of the said contract the Buyer shall indemnify Stay-put in respect of such payment, expense or liability.

19.  Stay-put reserves the right to vary the specification of any goods without prior notice or approval by the Buyer.

20.  If any provision of these conditions is held by any competent authority to be invalid or un-inforceable in whole or in part, the validity of the other provisions of these conditions and the remainder of the provisions in question shall not be affected.

21.  The laws of England and Wales shall apply and any proceedings arising from the sale of goods by Stay-put shall be brought in England and Wales.