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WHISTLER LEATHER TERMS OF SALE

1. VOIDING OF WARRANTY

  1. Any hides which have been cut into, used, or transformed in any way can not be replaced or refunded. If there is a problem with your product it must be reported whilst the hide is in its “as-delivered’ condition.

 

2. SAMPLING

  1. Samples ordered through our website or showroom are intended as a representation of the colour and texture of leather and may not show the full characteristics of this natural product. Colour and markings can vary from batch to batch, and from different parts of the same hide.
  2. Colours that are displayed on our website are as accurate as possible, although we cannot guarantee that computers or printers will show the true colours of our Leathers. Samples may vary from images on the Whistler Leather website.

 

3. SALE

  1. Whistler Leather only supplies to the trade. Trade references may be requested in order to open a trading account.
  2. All orders require payment in full before the supply of goods.
  3. Title to goods remains with Whistler Leather until full payment has been received.

 

4. PRICING

  1. Unless otherwise agreed all quotes and proformas are valid for 90 days from date of document.
  2. Prices are subject to change without notice.
  3. Prices are quoted on a square footage basis, but all product is sold by the hide, or half hide, as advised during the quoting and sales order process.

 

5. COLOUR MATCHING

  1. Due to nature of the Leather tanning process there may be variances in the colour of hides between batches. Whistler Leather will make best efforts to secure products from the same batch if extra hides are required. There is a risk that hides will not colour match if additional stock is ordered later for underorders, repair or refurbishment.

 

6. SHIPPING

  1. Goods are sent by Commercial Carrier UK mainland. For overseas please contact us for an individual quote. Please note that shipping charges are subject to VAT and will be added to your final invoice.
  2. Quote per order for shipping pricing.
  3. Our standard Incoterms are to ship EXW (Ex works) or DAP (Delivery at place). It is your responsibility to ensure that your required Incoterm is specified at the time of order confirmation.

 

7. INSURANCE

  1. Whistler Leather are not responsible for any damage incurred during transportation from their warehouse to the customer’s designated destination. Customers are strongly advised to take out additional insurance to cover any costs.
  2. Goods are the responsibility of the purchaser at collection from our warehouse under Ex Works Sales. Please ensure you have adequate insurance to cover goods in transit.

 

8. FAILED DELIVERIES

  1. The Courier will make multiple attempts to deliver the goods to the provided address. If for any reason delivery is not possible then a charge equivalent to the original cost, plus handling, will be made for any subsequent delivery.

 

9. RETURN OF GOODS

  1. Cut or damaged hides ARE NOT RETURNABLE.
  2. Whistler Leather will only accept the return of goods by agreement, (this will be confirmed in writing by Whistler Leather prior to arrangement). Return requests need to be submitted within 30 days of invoicing.
  3. All returns will be subject to an agreed handling charge of 35% (unless the goods were defective when delivered). Returned goods will have to be in the same condition as they were on delivery.
  4. Hides must be rolled on a pole from butt to neck, GRAIN SIDE IN, and returned in original box. If you do not have the original box please request one.
  5. Hides folded or shipped in a plastic bag will not be accepted.
  6. We must be notified within 10 days of receipt for damaged or incorrect quantity delivered of goods. If goods are failed to be delivered, we must be notified within 14 days of despatch.

 

10. NATURE OF PRODUCT

  1. Leather is a natural product; each hide will have characteristics which are inherent to natural leather and this is not considered damaged or faulty. Leather can show growth marks, healed scars, and areas of differing fibre density and texture.
  2. Dyes and finishes may penetrate to different degrees in different parts of the hide to give each natural colour variations.
  3. All hides are inspected by our Quality Control in Italy before leaving our warehouse. All hides are photographed before being packed for delivery. While every attempt is made to achieve uniformity both on individual hides and from hide to hide this is not always possible. In confirming their order customers agree to accept these natural variations in products where they occur. We recommend customers order a Cutting for Approval (CFA).
  4. Leather is not guaranteed against wearing or color fading.

 

11. RISK

  1. The goods are at the purchaser’s risk from the time of collection. Collection takes place either; at our premises (if you are collecting them or arranging carriage) or at the Point of Delivery to your specified delivery location.
  2. Goods are assumed to have been inspected upon delivery.
  3. If any goods are damaged or not delivered, you must write to tell us within ten working days of scheduled delivery. Whistler Leather and its agents require the ability to inspect any damaged goods.

 

12. WARRANTY & LIABILITY

  1. Whistler Leather warrants that goods comply with the description on the order form and are free from material defect at the time of delivery. No other warranty is implied as to the quality of the goods or their fitness for purpose.
  2. If the purchaser believes that goods are faulty in material, Whistler Leather must be informed in writing, with full details, within 10 days of delivery. If the goods are found to be defective in material Whistler Leather will, at its discretion, either replace the goods or refund the price.
  3. Whistler Leather is not liable for any other loss or damage. This includes, but is not limited to, indirect or consequential loss, financial loss, loss of profits or loss of use arising from the contract or the supply of goods or their use.
  4. No claims will be allowed for labor charges under any circumstances.
  5. For all other liabilities not referred to elsewhere in these terms our liability is limited in damages to the price of the goods.

 

13. QUANTITY CALCULATION

  1. Whistler Leather is not responsible for calculating required amount of leather. We recommend speaking to your installer/upholsterer regarding amounts required as they will understand the needs of the project and space to advise required amounts and wastage.
  2. It is recommended to order at least 15% more than required for unexpected wastage, repairs or replacement of damaged areas. It is recommended to discuss with your installer before ordering.

 

14. COLOUR TRANSFER (ALSO KNOWN AS CROCKING)

  1. Please note that dyes and pigments from Indigo jeans, ball point pens and felt tip pens may permanently stain. A variety of clothing and accessories may contain dyes that could transfer to lighter coloured leathers depending upon variations in temperature and humidity. Dye transfer is difficult to control, not always preventable and may be irreversible. This is not any indication of fault in our product and we are in no way liable for such occurrences.

 

15. TREATMENT AND CERTIFICATION

  1. Whistler Leather do not offer guidance/advice on applicable treatments required for projects. This includes Fire Rating and Stain/Soil treatment. Different industries, and different geographies, have varying test criteria. As many projects now require more stringent information, the correct tests and certification is the sole responsibility of the purchaser to arrange.
  2. Whistler Leather will not be held responsible for issues regarding the treatment of products or certification errors. The purchaser is advised to speak directly to a qualified treatment house to determine which treatment is best for the product being used.
  3. Whistler Leather does not hold FR certification for all products. It is the responsibility of the designer/purchaser to assess the needs of the project and request testing information at the time of purchase.
  4. Please note it is the purchaser’s full responsibility to ensure that the correct Fire Retardancy Treatment is requested when placing orders with Whistler Leather. The purchaser can also arrange Fire Retardancy Treatment with their own supplier.
  5. Compliance to FR standards remains the sole responsibility of the purchaser.