Terms & Conditions

Registered in England. Registration No. 1990076 VAT No. 438 8921 09

Directors: M. Keshavjee, R.A.S. Keshavjee

SUMMARY - Atlantis Textiles Limited supply goods only subject to these terms and any person (hereinafter called "The Buyer") supplied by Atlantis Textiles Limited (hereinafter called "The Company") accept that these terms will govern all contractual relations between them to the exclusion of any terms contained in any of The Buyer's documents, even if the same purport to provide that The Buyers' own or some other terms prevail.

No employee or other person acting or purporting to act on behalf of The Company is authorised to agree or effect any alteration in these terms or make or give any representation or warranty in relation to the goods, save only that a Director of The Company may in writing agree such alterations or amendments or make or give such representation or warranties. Any advice or recommendation given by The Company as to the storage application or use of the goods which is not confirmed in writing by a director of The Company is followed or acted upon entirely at The Buyer’s own risk and The Company shall not be liable for any such advice or recommendation which is not so confirmed.

It is The Buyer’s responsibility to ensure that the quantity and terms of any order and specification are correct and for giving The Company the necessary information relating to the goods within sufficient time to enable The Company to fulfil the order in accordance with these conditions.

If The Buyer is submitting a specification The Buyer shall indemnify The Company against all loss, damages, costs and expenses awarded against or incurred by The Company in connection with or paid or agreed to be paid by The Company in settlement of any claim for infringement of any patent, copyright, design, trade mark or other
industrial or intellectual property rights of any other person which results from The Company’s use of The Buyer’s specification. The Company reserves the right to make alterations in the specification of
goods which are required to conform with any applicable statutory requirements which do not materially affect the quality and performance of the goods.

PAYMENT OF ACCOUNTS - Unless otherwise agreed all accounts must be paid not later than 30 days from receipt of goods. A statement will be sent detailing all invoices and credits during the month. In the event of default in payment The Company reserves the right to suspend or cancel credit facilities and without prejudice to demand payment of all balances whether or not due. Interest to be charged at 2% above the highest bank lending base rate for the time being of Barclays Bank plc or such other Bank as The Company may from time to time nominate at monthly intervals on the overdue portion of the account until the arrears are cleared.

It is The Buyer's responsibility to ensure that payment is made to The Company by the due date.

If The Buyer ceases or threatens to cease trading, has a receiver appointed, makes a composition or voluntary arrangement with its creditors, becomes bankrupt (if an individual) goes into liquidation (if a Company) then without limiting any other right or remedy available to The Company, The Company may cancel the Contract or suspend any further deliveries under the Contract without liability to The Buyer, and if goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.

RETURNS - Goods specially ordered/made/manufactured cannot be accepted for credit. Goods returned after a period of 2 weeks may only be accepted with the authority of The Company, at its absolute discretion, and will be subject to a minimum 10% handling charge.

DAMAGE OR SHORTAGE - Damage or shortage of goods on delivery must be notified to The Company within 7 days from date of invoice. Failure to do so will free The Company from any liability in this respect. If The Buyer does not notify The Company accordingly The Buyer shall not be entitled to reject the goods and The Company shall have no liability for such defect or failure, and The Buyer shall be bound to pay the price as if the goods had been delivered in accordance with these terms.

RESERVATION OF TITLE - Until such time that full payment has been received by The Company for all products and services whatsoever supplied at any time by The Company, title to products supplied shall remain with The Company.

The Buyer shall store the products in such a way that they can be readily identified as being the product of The Company, provided that in the event of it being impossible to identify the same at The Buyer's premises The Company shall be entitled to take other products of the same description, at value, previously supplied by The Company in substitution thereof. The Buyer shall also properly protect and insure the goods until such time as property in the goods passes to The Buyer.

PRICES - Prices shall be as ruling at the date of despatch. Prices may be increased by The Company to the extent necessary to enable The Company to recover increases in costs incurred by it prior to the date of despatch.

QUOTATIONS - Quotations do not constitute an offer and shall not bind The Company until an order has been placed and accepted.

FORCE MAJEURE - The Company shall not be liable to The Buyer or be deemed to be in breach of the Contract by reason of any delay in performing or any failure to perform any of The Company’s obligations in relation to the goods if the delay or failure was due to any cause beyond The Company’s reasonable control which shall include without limitation; act of God; explosion; flood; tempest; fire; accident; war or threat of war; sabotage; civil disturbance; import or export regulations; embargos; strikes; lockouts or trade disputes; difficulties in obtaining materials, labour, fuel, parts or machinery and power failure or breakdown.

STATUTORY RIGHTS - All orders whether oral or written are subject to these terms but nothing in these terms shall be deemed to affect the statutory rights of a customer.

BUYER'S TERMS - The Company does not recognise any terms and conditions of contract supplied by The Buyer, unless specifically acknowledged and agreed in writing. Execution of, compliance with or implementation of orders does not imply acceptance of The Buyer's terms and conditions.

UNFAIR CONTRACT TERMS ACT - The Company has drawn these Terms of Business in the light of the Unfair Contract Terms Act 1977 and considers them to be fair and reasonable and its prices are based on contracts made on these conditions. If The Buyer considers these terms to be unreasonable they must inform The Company in writing before any contract is made, otherwise he will be deemed to have accepted that The Company's terms are fair and reasonable.

JURISDICTION - these Terms and Conditions of Sale and any arrangement between The Company and The Buyer shall be governed by the laws of England and The Buyer agrees to submit to the none exclusive jurisdiction of the English Courts.

DC/NH.17.11.09

All goods are subject to availability