KEMISPRAY LTD – TERMS & CONDITIONS
1. Definitions
Throughout this agreement, the following definitions apply:
• “Company” refers to Kemispray Ltd.
• “Buyer” denotes the customer who places an order and receives the Goods from the Company.
• “Goods” encompass all products and services supplied or distributed by the Company.
• “Contract” represents the agreement between the Company and the Buyer concerning the purchase and sale of Goods, subject to these terms.
2. Delivery Conditions
For detailed delivery terms, please contact the seller directly.
3. Handling Fees & Policies
The Company reserves the right to impose handling charges of up to 20% of the total value on returned Goods.
4. Pricing and Payment
• The price of Goods is as quoted by the Company and excludes VAT.
• The Company may request payment in advance through a pro-forma invoice before dispatching the Goods.
• In cases of late payment, interest will be charged at a rate of 2.5% per month from the original due date until the full payment is made.
5. Special Orders
• Non-standard items ordered by the Buyer may be supplied in quantities that vary by +/- 10% of the ordered amount, invoiced proportionally per kilogram or liter.
• Goods held in stock specifically for the Buyer that are approaching the last three months of their shelf life may be invoiced and delivered at the discretion of the Company.
6. Transfer of Responsibility
Responsibility for the Goods transfers to the Buyer upon delivery.
7. Force Majeure
The Company endeavors to fulfill all orders within the agreed timeframe but will not be held liable for delays or defaults caused by force majeure events, including but not limited to natural disasters, wars, strikes, lockouts, fires, floods, droughts, or any other circumstances beyond the Company’s control.
8. Non-Compliance with Specifications
Should the Company fail to meet the Buyer’s specified requirements, the Buyer may request a replacement or credit. However, such issues must be reported to the Company immediately upon discovery.
9. Return & Refund Policy
• If unsatisfied with a purchase, the Buyer may return the Goods for a full refund or exchange within 14 days of the purchase date.
• Returned Goods must be in their original condition and packaging.
• The Buyer must ensure that the product is securely packaged before returning it to the Company.
10. Legal Jurisdiction
This agreement is governed by the laws of the United Kingdom, and all sales transactions between the Company and the Buyer fall under these legal conditions.
11. 2004/42/EC Compliance
Unless otherwise stated, the Goods do not comply with the European Parliament Directive 2004/42/EC on VOC emissions in paints, varnishes, and refinishing products. The Buyer acknowledges this upon purchase.
12. Limited Liability Clause
Per the Department for International Development, Section 35, neither party limits its liability for:
• Death or personal injury due to negligence.
• Fraud or fraudulent misrepresentation.
• Breach of ownership rights under Section 12 of the Sale of Goods Act 1979.
• Any liability that cannot be legally excluded or restricted.
13. Data Protection
• In accordance with Article 6(1)(b) of GDPR, data processing is essential for fulfilling a contractual agreement.
• The Company collects and processes data from the Buyer for order and payment purposes.
• The Company reserves the right to record all communications with the Buyer.
14. Copyright Notice
All content, including this website and the online store, is the intellectual property of Kemispray Ltd. All rights are reserved.
• Without written consent, no content may be redistributed or stored on another platform.
15. Privacy Policy
• Personal data submitted through this website will be used solely for responding to inquiries and processing orders.
• The Company ensures that reasonable precautions are taken to protect data from loss, misuse, or unauthorized alterations.
• No personal data will be shared with third parties without explicit consent.
16. Data Collection
• The Company collects only the information necessary for order processing.
• Additional data, such as website visit frequency, is analyzed to improve user experience.
17. Governing Law
These Terms & Conditions are governed and interpreted under UK law. Any disputes will be settled in the courts of England, Scotland, Wales, or Ireland.
18. Spray Services Warranty & Liability Disclaimer
18.1 Scope of Services
Kemispray Ltd specializes in professional spray finishing. The Company does not accept responsibility for material or structural defects in components supplied by the Buyer.
18.2 Material Quality
The Buyer is fully responsible for ensuring that all supplied panels, cabinet fronts, or other components:
• Are properly constructed and dimensionally stable,
• Are free from hidden defects, including poorly bonded veneer,
• Meet the technical standards required for spray finishing,
• Feature veneer that is consistent in colour and tone – if the veneer presents natural colour variations, differences in grain pattern or absorption, the Company accepts no responsibility for visible colour inconsistencies following staining or lacquering.
18.3 No Liability for Surface Defects
Kemispray Ltd will not be held liable for issues arising from poor substrate quality, including but not limited to:
• Veneer lifting or bubbling during or after finishing,
• Cracking or peeling caused by weak adhesive or low-quality gluing,
• Uneven absorption or visible colour shift due to substrate inconsistency,
• Warping, deformation, or dimensional changes during or after curing,
• Colour variation caused during staining, which results from the natural differences in wood grain, tone, and absorbency – a characteristic of natural materials, not a fault in workmanship.
18.4 Kemispray Ltd Liability Scope
The Company accepts liability solely for the proper execution of the spray finishing process on substrates that are structurally sound and free from latent defects. Specifically:
• We guarantee that the lacquered surface will be smooth and consistent with the agreed specification (e.g. gloss level, colour, finish type),
• We ensure the absence of technical flaws resulting from the application process (e.g. drips, overspray, adhesion failure),
• We accept responsibility for damages resulting from gross negligence or technical faults directly attributable to our finishing process, provided that the issue is reported in writing within 5 business days of delivery or collection.
18.5 Defect Notification and Claims
All claims relating to finishing quality must be submitted in writing within 5 business days from the date of collection or delivery. The Company will not accept liability for:
• Improper handling or storage after the goods leave our facility,
• Any modifications or further processing by third parties,
• Pre-existing material defects that were not disclosed or visible at the time of receipt.
18.6 Exclusion of Implied Warranties
Unless expressly stated in writing, the Company makes no warranties beyond the correct and professional application of the finishing service. No guarantees are provided regarding the durability, longevity, or performance of coatings applied to defective or improperly prepared materials.
This document ensures compliance with UK regulations while maintaining clear terms for buyers and the company.