General Terms - Trade Accounts

Summary: These terms and conditions form the basis of the contract between us COAT Paints Ltd as  the supplier and you the customer/purchaser.  It defines and sets out the rights, obligations, and responsibilities of both you and us under this contract.  It is a legally binding contract and so it is important that both parties know where they stand. It does include provisions that limit our responsibilities and potential liability to you. These terms shall apply to any and all products/services which we provide &/or agree to provide. This includes the products & services provided for in any quotation. 

Between: COAT Trading Ltd (12502151) registered in England & Wales, Kemp House, 160 City Road, London EV1V 2NX (“The Supplier”)

And: All COAT Trade Clients / members of the COAT Collective

1. Definitions

1. “Agreement” is this agreement, and any agreed addendums in future
2. “Product” means paint supplies as part of this agreement
3. “Requirements” means the estimated volumes from The Purchaser
4. “Delivery” means from The Suppliers place of manufacture to The Purchaser’s delivery address
5. “Initial Term” means 1 year from the agreement date

Sale & Purchase of Products

1. The Supplier agrees to sell and deliver to The Purchaser, and The Purchaser agrees to buy and accept deliveries from The Supplier on an ongoing basis under the terms of this Agreement

Our Quotation 

1. All valid quotations must be provided in draft order or purchase order format provided by The Supplier
2. The quotation provided is for a fixed price for the volume of products presented
3. The quotation will remain open for a period of 6 months from the date of the quotation. If you attempt to accept the quotation after this period then we have the option, but are not obliged, to act on the purported acceptance of the quotation and to form a contract including these terms and conditions
4. The contract will be formed when you give us written instructions to proceed on the basis of the quotation which we provided. This will form a legally binding contract between you and us.  If you attempt to accept the quotation in any other way we shall have the option, but not the obligation, to accept the purported acceptance of the quotation and to form a contract.  Any contract, however formed, will be subject to these terms and conditions.  You should only accept the quotation if you are happy with the quotation and these contract terms and conditions and wish to enter into a legally binding contract on these terms and conditions
5. If you make an amendment to the quotation before or as you provide written instructions to proceed then any such instructions to proceed will not act as an acceptance of the quotation.  In such circumstances we will have the option, but not the obligation, to accept the purported acceptance and to form a contract subject to the amendment.  However any such contract will still be subject to these terms and conditions.  Where we do not accept the purported acceptance we shall also have the option to reject the alterations and not undertake the provision of products & services for your, or to re-quote for it subject to your proposed amendments
6. For the avoidance of doubt the following matters or circumstances have not, unless otherwise agreed in writing, been taken into account or included in the quotation:
1. The delivery of products being undertaken on a weekend or public holiday
2. Inside delivery of items 
3. Provision of extra services
4. Any properties involved not having proper and/or adequate access.  This includes, but is not limited to, not being able to park within 20 meters of the door to the property, the access being unsuitable for our vehicles or the property being  inadequate for the free and easy movement of the products, or any part thereof, into and within the property
5. Changes to our costs due to changes in currency values, taxation or freight charges which are beyond our reasonable control
6. Delays occurring for reasons that are outside our reasonable control

Orders and Deliveries

1. Each order placed as part of this agreement will be sent by The Purchaser on an ad-hoc basis, in writing via email
2. Unless otherwise agreed, The Supplier will specify any reasonable Delivery costs as part of proforma invoices
3. Unless otherwise agreed, The Supplier will Deliver within 14 days of written order confirmation from The Purchaser
4. The title to Products sold under this agreement will pass from The Supplier to The Purchaser on the date Products are delivered and received by The Purchaser
5. The risk of loss or damage of Products will pass from The Supplier to The Purchaser on the date Products are delivered and received by The Purchaser

Price of Products

1. Pricing for the Initial Term is included in Appendix A - Pricing
2. Pricing may change directly in-line with government dictated charges or tax changes
3. Either party can call a meeting on pricing at any time. Pricing can be changed as an addendum to The Agreement if both parties agree

Terms of Payment

1. Unless otherwise agreed, The Purchaser will pay The Supplier within 30 days of invoice date
2. The Purchaser agrees to pay a daily interest charge of 5% on any late payments
3. All customers and/or their related party/ies carrying out the purchase of products are required to pay for their first order (above £0) in advance. Subsequent orders have the option of 30 day payment terms (subject to the discretion of The Supplier)
4. In respect of any sums which are set out in the quotation as a deposit or as being payable in advance you will pay these sums, at the agreed rate, prior to the commencement of any works or services.  This term is important to the contract and unless we are paid with cleared funds prior to this date we shall have the option to treat the contracted services as canceled.
5. You will pay any other charges or monies that become due or payable under this contract within 30 days of us sending you an invoice or request for the same
6. The supplier retains the right to withdraw the 30 day payment terms at any time
7. 30 day payment terms will be automatically withdrawn when any invoice payment relating to the customer in question exceeds the 30 day period without full payment

Delivery 

1. Delivery Charges

We offer free next working day delivery for Paint and Supplies orders (under 100 litres) over £100, ordered to a mainland UK address (Northern Ireland takes a couple of days longer). 

For orders over 100 litres there is a delivery charge based upon total volume 

For orders under £100 there is a £5 delivery charge 

1. Delivery timescale 
1. For orders under 100 litres placed before 1pm on weekdays, we dispatch the same day. For orders placed after 1pm or over the weekend they will be delivered up to two working days later
2. For orders over 100 litres please allow 3-5 days for delivery
3. For orders over 500 litres a phased delivery schedule may be required 
4. Paint and Supplies orders to non-UK Mainland addresses and Europe will show delivery costs at checkout, please allow 3-5 working days for this service

Returns & Refunds

1. You can create a return within 30 days of ordering via our online returns portal, or direct email to hello@coatpaints.com

Returns will not be accepted outside of the abovementioned 30 day period 

1. Refunds are eligible for products that are delivered in a damaged state

The damage must be reported via email to hello@coatpaints.com within 24 hours of delivery to be eligible for a refund

1. Returned products must be unopened and in their original packaging. Couriers used by the supplier won’t accept paint that isn’t in the original boxes and fitments - it’s a condition of safe carriage. The supplier cannot accept returns and refund items that arrive back with us in a damaged/un-saleable state.
2. The supplier can’t use returned paint or supplies that have been opened or samples that have been peeled from their backing or in any way altered either

Term of Agreement

1. The Agreement carries an Initial Term of 1 year from the start date
2. Either party can terminate The Agreement with 30 days written notice if the other fails to fulfil any of their obligations per The Agreement
3. Either party can terminate The Agreement with 1 days written notice if the other is declared bankrupt, enters liquidation, or there is change to ownership structure which replaces the Persons of Significant Control
4. The Agreement will terminate automatically if a renewal has not been agreed 30 days before the end of the Initial Term

Quality - does this conflict with return policy?

1. The Supplier confirms that Products are of saleable quality in accordance with any specification requirements set by trade or governing bodies
2. Parties agree to disclose any claims relating to quality of Products in writing within 14 days of receipt of goods, or within 14 days of receipt of a customer complaint
3. If The Purchaser makes a claim in respect to quality of Products, The Supplier has 14 days to inspect the Products
4. If Products do not meet quality standards, The Supplier must replace the affected Products
5. All claims regarding Quality of Products should be in writing via email
6. If claims from The Purchaser regarding Quality of Products go on without any resolution for 90 days they may terminate The Agreement

Force Majeur

1. Both parties are relieved from liabilities in unexpected situations beyond their control including legislative changes, breakdown of machinery, transportation breakdown, forces of nature, acts of public enemies, cancellation of licences, regulatory changes and similar uncontrollable or predictable occurrences
2. If the supply of goods is impacted by Force Majeur for a period longer than 30 days, either party can terminate The Agreement