Halley Stevensons weatherproof waxed cotton fabric

Terms and conditions

Terms and conditions of Sale of Goods

“The Company” means Halley Stevensons (Dyers & Finishers) Limited.

“The Customer” means the person who has contracted with the Company for the purchase of goods.

“Conditions” means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Company.

a) These Conditions shall apply to all contracts for the sales of goods by the Company to the Customer to the exclusion of all other terms and conditions, including any terms and conditions which the Customer may intend to apply under any purchase order or similar document.

b) All orders for goods shall be deemed to be an offer by the Customer to purchase goods pursuant to these Conditions.

c) Acceptance of delivery of the goods shall be deemed to be conclusive evidence of the Customer’s acceptance of these Conditions.

d) Any variation to these Conditions (including special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Company.

The acceptance of an order by the Company shall create a Contract of which these terms and conditions shall form part. The Order shall only be deemed to be accepted when the Company issues a written acceptance of the Order, at which time the Contract shall come into existence. 

4. VAT
Prices quoted do not include VAT which will be an additional charge payable by the Customer and calculated at the appropriate rate at the date of supply.

a) Payment is to be made by Bank Transfer prior to shipment of goods unless the Company has agreed to apply credit terms to the Customer account.

b) Where the Company agrees to credit terms, if the Customer fails to make payment in full on the due date then (without prejudice to any other rights of the Company):

i) The Company shall be entitled to suspend all or any other deliveries to be made under that or any other contract with the Customer and in such event, the Customer shall not in any respect be released from his obligations to the Company under that or any such other contract.

ii) Instead of suspension in accordance with paragraph (I) above, the Company shall be entitled to terminate the relevant contract or any other contract with the Customer in accordance with condition 6 below and to claim damages from the Customer.

c) The Customer shall not be entitled to withhold payment of any amount payable under a contract with the Company because of a disputed claim of any nature, nor shall the Customer be entitled to set-off against any amount payable under the Contract to the Company any monies which are not then presently payable by the Company or for which the Company disputes liability.

a) The Company may without prejudice to the Customer terminate any contract forthwith if:

i) The Customer shall commit any breach of any of the terms (including without limitation terms concerning the time for payment of the purchase price) of this or any other contract with the Company and on its part to be observed or performed PROVIDED always that if such breach is remedied the Contract shall not be determined until seven days after the Customer shall have failed to comply with written notice requiring him to remedy such breach.

ii) Upon commencement of any act or proceedings in which the Customer’s solvency is involved.

All goods are supplied ex-works and any prices quoted exclude any insurance and transport costs, unless otherwise agreed. The Company reserves the right to impose a carriage charge.

a) The Company shall not be liable for any loss or damage whatsoever due to failure by the Company to deliver the goods (or any of them) promptly at all. The Company accepts no liability whatsoever for any loss or damage resulting from delay howsoever the same shall have been caused. Any dates quoted for delivery are approximate dates only.

b) Notwithstanding that the Company may have delayed or failed to have delivered the goods (or any of them) promptly the Customer shall be bound to accept delivery and to pay for the goods in full, provided that delivery shall be tendered at any time within three months of the delivery date.

c) Where contracts provide for single deliveries at unspecified dates, the Company shall deliver the goods as soon as they are available. If the Customer shall fail to take delivery at that time, the Company shall not afterwards be bound to make any further delivery.

d) Save as regards to the provisions as to payment in paragraph 5 above, each delivery shall constitute a separate contract and failure or defect on one delivery shall not affect in any way the Contract as to each remaining delivery.

e) Notwithstanding sub-clauses (b) and (d) above, if the Company decides either at the Customer request or on its own initiative to store the goods until such time as the Customer is ready to take delivery thereof, then the Customer shall be liable to pay the Company its reasonable storage charge together with the costs of re-delivery and of all extra loading and unloading costs caused by the Customer’s failure to take the delivery on the dye date. Such goods will be held in stock at the Customer’s own risk.

Unless otherwise agreed the processing tolerance upon materials supplied under each Contract will be;

≥1000m/col            +/-5%
<1000m/col          +/-10%
≤  150m/col          +/-20%

a) Where any design material or construction is produced and supplied to a Customer’s specification by the Company, the Customer warrants that processing, assembly or supply of the goods shall not infringe the rights of any third party and shall keep the Company effectually indemnified against all actions and proceedings, costs, claims, damages and expenses and demands whatsoever as a result of any claim or proceedings whatsoever nature made or brought by a third party arising therefrom.

b) If the Customer shall require any alterations in design, specifications, construction or quantities as specified in this Contract and the Company agrees to such alterations, then the Company shall be at liberty to revise the purchase price to include any increased costs occasioned by such alteration.

The Company will not accept the return of any material unless such return has received the prior approval of the Company. Return documentation or labels will be provided by the Company once a return has been agreed upon. The Company’s liability for defective material will be limited to invoice value as set out below in clause 19 and no claims will be considered for labour or other charges in connection with installation or removal.

The company will not consider any claims for damages or loss in connection with non-delivery or damage to or shortage in materials unless in the case of non-delivery of the whole of a consignment or of any separate package forming part of a consignment it is advised within twenty-one days from the date of despatch shown on the invoice and in the case of damage or of shortage or of non-delivery (not being non-delivery of a whole consignment or a separate complete package forming part of a consignment) it is advised with confirmation in writing within three days of receipt of the goods and the carrier’s note endorsed accordingly.

a) Risk in the goods shall pass from the Company to the Customer upon delivery.

b) Delivery is complete when goods are collected, either by the customers nominated courier or, where transport is arranged by the Company, when the nominated courier collects the goods.

c) Title to the goods shall not pass until the Company receives payment in full in accordance with the terms of the Contract.

The Customer shall inspect the goods immediately upon delivery. The Customer shall give to the Company immediate written notice of any claim that any of the goods are not of merchantable quality and the Customer’s failure to give notice of any claim within 14 days from the date of advice of despatch or delivery shall constitute an unqualified acceptance of such goods by the Customer. Slight imperfections in colour, appearance and measurements are not to be the subject of complaint. Claims for faulty materials must be made prior to cutting.

For technical reasons it is not possible to obtain an exact colour match between different batches. The Company therefore recommends that plain and tonal materials are made up from one batch wherever possible and the Company can take no responsibility for mismatching in materials made up from different batches.

The Company is constantly endeavouring to improve the quality of its products and reserves the right to alter without prior notice the specifications of any product if new and improved materials and methods of manufacture become available.

The Customer shall take delivery of the goods tendered notwithstanding that the quantity so delivered shall be either greater or less than the quantity purchased provided that such discrepancy and quantity shall not exceed 10% and shall be invoiced accordingly.

The performance of all contracts is subject to any Act of God, war, strike, lockout, fire, flood, drought, tempest or any other cause beyond the control of the Company and the Company shall not be held responsible for failure to delivery or comply with a contract due to any such contingency.

The liability of the Company under this contract shall be limited to the replacement value of any goods agreed by the Company to be defective. Goods agreed by the Company as defective will be replaced free of charge as originally ordered or, at the Company’s option, appropriate credit will be given if notice of any such defect shall have been given in accordance with these conditions. The foregoing is given in lieu of all conditions or warranties of every kind whether express or implied by law or otherwise all of which are hereby expressly excluded and no liability is accepted for damage or loss of any kind whether caused directly or indirectly by the goods or arising by reason of their use, and the Customer shall at all times indemnify the Company against such loss or damage.

No waiver by the Company (express or implied) of any of these Conditions in relation to any contract made with the Customer shall prevent the Company from enforcing or relying on these Conditions in full in any subsequent contract made with the Customer

The law covering these terms and conditions of trade shall be governed by and construed in accordance with the Law of Scotland.

a) This contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

b) Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation (or negligent misstatement) based on any statement in this agreement.

No variation of this contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives).

a) Any notice or other communication given to a party under or in connection with the Contract, shall be in writing, addressed to the party at its registered office (if it is a company)  or its principal place of business (in any other case) or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service, commercial courier or email.

b) A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to above: if sent by pre-paid first calls post or other next working day service, at 9am on the second Business Day after posting: if delivered by commercial courier, on the date and at the time that the couriers delivery receipt is signed, or if sent by email, one Business day after transmission.

c) The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

No one other than a party to this contract (and their permitted assignees) shall have any right to enforce any of its terms.


Annual Summer Shutdown

Please note that our factory will be temporarily closed from Friday 19th July, reopening Monday 6th August.

Due to the temporary break in production, the following deadlines apply when processing sample orders.

The last date for sample length and swatch orders is Tuesday 16th July — anything placed after this date will be processed upon our reopening.

Stock availability explained

The ‘HS Collection’ is a range of fabrics that are in continuous production and offered on an “off the shelf” basis in a choice of colours. Ideal for express developments and orders we hold substantial stocks of these articles and are committed to replenishing the fabrics within a 8 weeks (if not available at the time of order).

Please note, The HS Collection includes all articles previously available as ‘Stock Supported’ or ‘Regular Running’ lines.

Bespoke manufacturing allows you to fully customise our fabric. We can colour match to any pantone or colour of your choice which can be dyed onto any fabric in our collection with any finish we offer.

*Lab work is required to be processed (Leadtime 2 weeks) and approved prior to production.

**Minimum order quantities apply and production lead-times of (8weeks) applies.

This product is suitable for luggage

Can be made in styles such as backpacks, satchels, laptop cases, cabin bags and suitcases.

Waxed cotton fabric suitable for luggage
Halley Stevensons weatherproof waxed cotton fabric

This product is suitable for accessories

Can be made into accessories such as gloves, hats, caps and belts.

Waxed cotton fabric suitable for accessories
Halley Stevensons weatherproof waxed cotton fabric

This product is suitable for footwear

Can be made into styles such as trainers, tennis shoes, hi-tops, boots and brogues.

Waxed cotton fabric suitable for footwear
Halley Stevensons weatherproof waxed cotton fabric

This product is suitable for apparel

Can be made into garments such as overshirts, jackets, coats and trousers.

Waxed cotton fabric suitable for apparel
Halley Stevensons weatherproof waxed cotton fabric