Terms & Conditions Of Business

  1. These terms contain the entire bargain between us and in the case of any inconsistency between these terms and the terms of any other contract documents sent by you to us (whatever their respective dates) in respect to the goods, these terms shall prevail. These conditions shall apply except as may be expressly agreed by us in writing. Any concession or waiver made by us at any time shall not prejudice the exercise of our rights hereunder.
  2. We warrant that, save as otherwise herein specifically provided, the goods will accord with our contract specification and will be of sound materials and workmanship. Reasonable variations in thread counts, strength, weight, size, width, shrinkage, shade, colour and colour fastness shall be allowed. Unless stated on the contract, we shall be deemed not to be aware of any special purpose for which the goods or any product made there from is required. If any special characteristics are required in the goods they must be stated on the contract. Any samples supplied by us to you are so provided only to give an indication as to the quality of the goods. We do not warrant that the samples will accord with the contract specification or that the goods supplied will accord with the sample.
  3. a) Delivery date(s) means date(s) upon which the goods are ready for despatch to the point of delivery specified. b) All deliveries must be taken up by the final delivery date stated in the contract. c) The promised delivery date specified is a genuine forecast in the light of the current conditions, but it is given without legal commitment and we accept no liability if in the event we are unable to meet it.
  4. We will endeavour to supply the exact quantities of goods ordered but, unless otherwise specifically agreed: a) The total quantity shall be subject to a tolerance either way of 10% and you will pay for the actual quantities of the goods delivered. b) The indicated piece lengths are given as a general indication but without legal commitment.
  5. a) In the event of our costs increasing between the hereof and the actual date of the delivery owing to wars, Queen’s enemies, defence measures, imposition of new customs, excise or other duties or taxes, or increase of customs, excise or other duties or taxes, increase in the cost of raw materials or labour, scarcity of labour or any other cause whatsoever, the price at which your order is booked may be increased in respect of that portion of the Order which is undelivered on the day when written notice of such increase in the costs shall be given by us to you. b) In the event that you fail to take delivery of any part of the goods in accordance with Condition 5(a) above, we shall be entitled by notice in writing to you to increase the price of the goods remaining undelivered to our standard price or prices ruling on the actual date of delivery.
  6. a) If events beyond our reasonable control prevent us from delivering any goods by the appropriate date, such date shall be postponed for a reasonable period. Beyond such period we may without liability cancel this contract as regards such goods, or we may without liability cancel this contract as regards such goods unless the products either have been, or are in the course of being made, or have been appropriated by us to this contact. b) If, by reason of any such circumstances we are prevented from supplying you with the full quantity of the goods delivered under this contract and also at the same time maintaining if full our other business, then we shall be at liberty to withhold, reduce, or suspend delivery to you to such an extent as we shall consider reasonable and equitable in all the circumstances. c) We shall give as much advance notice as possible of any proposed action by us under paragraph (a) or (b) above to enable you to make alternative arrangements for the purchase of the goods during the period of reduced or suspended delivery, and in this event you will be free to purchase from other suppliers your requirements of the goods to make good your anticipated or actual deficiency but we shall not be bound to acquire by purchase or otherwise additional quantities of the goods from other suppliers.
  7. a) Complaints on quality and discrepancy will only be considered provided notice in writing is given to us within 30 days after receipt of goods by you or your agents and the defective goods are placed aside for inspection by our representative. This shall be a condition precedent to giving of any credit allowance in respect of replacing the goods alleged to be defective. b) Our liability in respect of goods proved by you to be defective is limited to giving you a reasonable credit allowance in respect of (or at our option to replacing at the point of delivery specified overleaf) the goods, but in no circumstances will our maximum liability here-under exceed the invoice value of the work carried out by the Company. c) In particular, we shall not be liable for – (i) adverse effects resulting from the application to the goods of any process, operation or treatment, unless specifically recommended by us and we have agreed to be so liable, nor (ii) for any goods which have been cut or processed by you in a way or damage after the risk in the goods has passed to you (iii) any expenditure incurred by you in respect of goods proved or alleged to be defective, nor (iv) loss of profit not for consequential loss of any kind to you however caused. d) Claims for loss or damage in transit of goods shipped at our risk will only be considered if made so as to reach us within such period as will enable a valid claim to be made against the carrier. e) In the event of your failure to give us notice as specified in paragraph (a) or (d) above, your claim shall be deemed to have been waived and shall be absolutely barred. f) Where a complaint or a claim has been made in respect of goods proved or alleged to be defective we may suspend further deliveries of goods under this contract until the validity of such complaint or claim has been finally determined and, in such events, the applicable delivery date(s) shall be postponed accordingly. g) If on or after delivery we make any allowance to you in respect of any claim and such allowance is accepted by you, no further claim may be made by you in respect of that matter.
  8. a) If you purport to cancel this contract or refuse to accept delivery of goods hereunder, you will be liable to us for the full contract price. b) We shall be entitled to charge interest at the rate of 1.5% per month on: (i) all overdue payments (ii) the price of any goods of which you shall have failed to take delivery until the date they were actually delivered to you or otherwise disposed of. c) We shall be entitled to suspend or cancel further deliveries under this and any other contract between you and us: (i) if payment is overdue or (ii) if you have failed to take delivery of any goods or (iii) (after notice) if and to the extent of the goods delivered would exceed, your credit limit whether or not advised to you and whether or not payment is overdue. d) For the purpose of this condition time of our receipt of payment shall be of the essence of this contract. e) You shall not be entitled to withhold or set off payment for goods delivered for any reason whatsoever.
  9. a) The risk in the goods shall pass to you when we deliver the goods in accordance with the terms hereof to you or to your agent or other person to whom we have been authorised by you to deliver the goods, and we shall have no responsibility in respect of the safety of the goods thereafter and accordingly you should insure the goods thereafter against such risks (if any) as you think appropriate. b) However, the ownership of the goods shall remain with us and we reserve the right to dispose of the goods until payment in full for all the goods has been received by us in accordance with the terms of the contract or until such time as you sell the goods to your customers by way of bona fide sale at full market value.
  10. All designs and sketches are submitted by us in confidence and unless otherwise agreed in writing they and the copyright in them remain our property.
  11. This contract contains all the terms and conditions of purchase and the sale relating to the supply of the goods to which it relates. No further conditions will be recognised by or binding on either you or us apart from the actual quantities, prices and delivery dates notwithstanding that such conditions may be annexed to any documents exchanged between us relating to this contract or the supply of goods hereunder.
  12. This contract shall be interpreted exclusively according to the laws of the United Kingdom (as it applies in Northern Ireland) and you hereby accept the jurisdiction of such courts, whether in the United Kingdom or elsewhere, as we may nominate for the purpose of trying any action arising out of this court.
  13. While we try and ensure that all prices on our Web site are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
  14. a) Unless the same are expressly varied by special terms specifically agreed in our correspondence these Conditions shall be deemed to be incorporated in any contract between us. b) In the case of any inconsistency between Conditions of Sale as set Out in this Contract and the terms of purchase in any form of Contract sent by you to us (whatever their respective dates) the terms and conditions of this Contract shall prevail.
  15. Owing to the difficulty of manufacturing an exact quantity the Company reserves the right to deliver up to a limit of 10% above or below the quantity ordered if the order quantity is in excess of 1,000. For order quantities of less than 1,000 the limit shall be 20% above or below the quantity ordered.
  16. The Company undertakes to reproduce designs within the limits of tolerance of textiles weaving; but colour fastness and non-shrinkage cannot be guaranteed. A tolerance of 1.5mm in width and 2mm in length shall be acceptable as weaving limits.
  17. The company takes all orders in the good faith that the customer placing the order has the right to use the copyright of all designs used. In placing an order, the customer undertakes to indemnify the Company against any claim which may be made against the Company in respect of the infringement of copyright or of trade mark or a registered design as a result of the manufacture and sale of products ordered and also against any costs incurred by the Company in relation to such a claim.
  18. In the event of cancellation of an order where such an order has involved the ordering of special materials or the preparation of such items as Jacquard cards, screens, dies, sketches, etc., these items and other work involved may be charged as at the date of cancellation. Only written notice of cancellation can be accepted by the Company.
  19. Notification of damage or non-delivery to U.K. destination must be given to the Company and to the carriers within fourteen days from the date of invoice. For Eire and abroad this notification must be within twenty-eight days. Claims for faulty goods or shortages must be made within twenty-eight days from the date of invoice. It is important that all wrappings are preserved to substantiate any claim which may be made against Postal Authorities of other Carriers involved. Claims may not be accepted if this procedure is not followed.
  20. a) The company shall not be liable for any loss whether direct or indirect, occasioned by delay in completing the work due to strikes, lock-outs, contentions of workers, shortage of materials, plant breakdown, delay in transit, or any other cause or causes not under the control of the Company. b) Where work in defective for any reason, including negligence, the liability of the Company (if any) shall be limited to rectifying such defect. Under no circumstances will the liability of the Company extend beyond the value of the work carried out by it.
  21. The acceptance of an order maybe revoked (in whole or in part) or delivery dates postponed by us without liability in the event of any contingency beyond our control which does or in our opinion is likely to prevent hinder, delay, interrupt, or interfere with the fulfilment of the Order or part of it.
  22. The company shall be entitled without prejudice to its other rights and remedies either to terminate wholly or in part any or every contract between itself and the Buyer and to suspend any further deliveries under any or every such contract if any sum is due and payable by the Buyer to the company but remains unpaid.
  23. In the absence of precise instructions, we will use our own discretion in the design and execution of the order.
  24. While we try and ensure that all prices on our Web site are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a refund.

Website Terms and Conditions of Sale and Use

  1. The Terms and Conditions which apply to the use of the Company website include the Company Privacy Policy. The Privacy Policy sets out ways in which the Company may use or process the personal data collected from you, or that you voluntarily provide to the Company. By using the Company website, you consent to such use or processing of your personal data and you warrant that all data provided by you is accurate.
  2. The Company reserves the right to alter, suspend or cease any aspect of the Company website, or the services or information provided on it. This includes access to it. The Company will not be liable if for any reason the website is unavailable.
  3. We warrant that, save as otherwise herein specifically provided, the goods will accord with our contract specification and will be of sound materials and workmanship, and meet your consumer rights. Reasonable variations in thread counts, strength, weight, width, shrinkage, shade, colour fastness and fluidity shall be allowed. Unless stated on the contract, we shall be deemed not to be aware of any special purpose for which the goods or any product made therefrom is required. If any special characteristics are required in the goods they must be stated on the contract. Any samples supplied by us to you are so furnished only to give an indication as to the quality of the goods. We do not warrant that the samples will accord with the contract specification or that the goods supplied will accord with the sample.
  4. a) Delivery date(s) means date(s) upon which the goods are ready for despatch to the point of delivery specified. b) The promised delivery date specified is a genuine forecast in the light of the current conditions, but it is given without legal commitment and we accept no liability if in the event we are unable to meet it. d) The company will aim to deliver all stock (non-bespoke) items within 30 days after the contract is made. As custom or bespoke items must be manufactured delivery can be up to 160 days.
  5. a) Complaints on quality and discrepancy will be considered provided notice in writing is given to us within 30 days after receipt of goods. You must then return the goods to the Company at your own expense. Note that if you fail to take reasonable care of the goods or soil or launder them the Company reserves the right not to accept their return. The Company will refund the full purchase price to you within 14 days from the day the Company gets the goods back. b) Our liability in respect of goods proved by you to be defective is limited to reimbursing the Buyer all they have paid, including any original delivery and reasonable return costs, but in no circumstances will our maximum liability here-under exceed the invoice value of the defective goods. c) In particular, we shall not be liable for – (i) adverse effects resulting from the application to the goods of any process, operation or treatment, unless specifically recommended by us and we have agreed to be so liable, nor (ii) for any goods damaged after the risk in the goods has passed to you (iii) any expenditure incurred by you in respect of goods proved or alleged to be defective. e) In the event of your failure to give us notice as specified in paragraph (a) above, your claim shall be deemed to have been waived and shall be absolutely barred. f) If on or after delivery we make any allowance to you in respect of any claim and such allowance is accepted by you, no further claim may be made by you in respect of that matter.
  6. a) Individual orders from stock products may be cancelled prior to dispatch by notifying the Company in writing within 14 days, starting the day after receiving the goods. The notification can either be by post or email to the addresses at the bottom of this page. In the case of bespoke, tailor-made, custom, non-standard, non-stock, personalised, or goods made specially to order. These products are excluded from the normal cancellation and refunds policy; however, such an exception would not affect a Buyers statutory rights in relation to faulty goods.
  7. All time periods quoted in these Terms and Conditions will be extended to the next working day if they end on a Saturday, Sunday or Bank or Public holiday. This includes all cancellation periods and the time limits for returning goods, providing refunds, etc.
  8. a) The risk in the goods shall pass to you when we deliver the goods in accordance with the terms hereof to you or to your agent or other person to whom we have been authorised by you to deliver the goods, and we shall have no responsibility in respect of the safety of the goods thereafter and accordingly you should insure the goods thereafter against such risks (if any) as you think appropriate. If the Buyer uses their own carrier, the Company cease to be responsible for the goods once the Buyers carrier receives them.
  9. All notices the Buyer sends the Company must be sent to the contact details on the website. The Company give notice to the Buyer at either the email address or postal address provided to the Company when a purchase is made. (Notice will be deemed received and properly served 24 hours after an email is sent, or three days of posting any letter (7 days of posting a letter if outside the UK)). In providing the service of any notice, it will be enough to prove, in the case of a letter, that the letter was properly addressed, stamped/franked and placed in the post, and in the case of an email that the email was sent to the specified email address provided at the time of purchase.
  10. All designs and sketches are submitted by us in confidence and unless otherwise agreed in writing they and the copyright in them remain our property.
  11. You must inform the Company of any changes to your personal details, including address, contact number, and email. It is essential you check this data regularly and check your junk mail folder as your email filter settings may treat the Company email as spam. The Company will not be liable if you provide the Company with address and contact details which are not accurate.
  12. You must not misuse the Company website by knowingly introducing viruses, trojans, worms, logic bombs or any other material which is malicious or harmful from a technical viewpoint. You must not attempt to gain unauthorised access to the Company website, the server on which the website is kept, or any other server, computer or database connected to the Company website. You must not attack the Company website via a denial-of-service attack or a distributed denial-of-service attack. By breaching these terms and conditions of use, you are committing a criminal offence under the Computer Misuse Act 1990. The Company will report any such breach to the law enforcement authorities and will co-operate with these authorities by disclosing the perpetrators identity to them. In the event of such a breach all rights you have to use the website will cease immediately.
  13. This contract contains all the terms and conditions of purchase and the sale relating to the supply of the goods to which it relates. No further conditions will be recognised by or binding on either you or us apart from the actual quantities, prices and delivery dates notwithstanding that such conditions may be annexed to any documents exchanged between us relating to this contract or the supply of goods hereunder.
  14. This contract shall be interpreted exclusively according to the laws of the United Kingdom (as it applies in Northern Ireland) and you hereby accept the jurisdiction of such courts, whether in the United Kingdom or elsewhere, as we may nominate for the purpose of trying any action arising out of this court.
  15. A third party may link to the Company homepage providing they do so in a way that is fair and legal and does not damage the Company reputation or take advantage of it. Links may not be established in such a way as to suggest any form of association, approval or endorsement on the part of the Company where none exists. Links may not be established under any circumstances from a website that does not belong to you. The Company site must not be framed on any other site, nor may anyone create a link to any part of the website other than the homepage. The Company reserves right to withdraw any linking permission without notice.
  16. While we try and ensure that all prices in the Company price lists or on the website, or elsewhere transmitted or communicated are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
  17. All information on this website is given by the Company in good faith. All reasonable efforts have been made to ensure the accuracy and completeness of the information and details. However, the Company accepts no liability for any errors or omissions, nor does the Company give any warranty or representation as to the accuracy or reliability of all information. The Company will not be liable for any loss or damages whatsoever for any action taken in reliance on the information on this website. Nothing in these Terms and Conditions shall exclude the Company liability for personal injury or death or for fraudulent misrepresentations.
  18. All content on the website is the copyright of the Company and cannot be used by a third-party in any way without permission in writing from a director of the Company.

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Franklin’s International Ltd Contact Details (a part of Franklin’s Group):
Franklin’s International Ltd.
54 Scarva Road
Banbridge
BT32 3AU
N.Ireland
Email: info@franklins.co.uk
Registered in N.Ireland No: NI011251
VAT Number: GB286873792
For more about Franklin’s please click here.

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