Terms & Conditions

1. General

(a) Unless otherwise agreed in writing by POM USA these conditions shall override any terms or conditions stipulated incorporated or referred to by the Purchaser whether in the order or in any negotiations and shall form the whole of the contract between POM USA and the Purchaser.

(b) Where the goods are ordered for delivery by installments, each installment shall be deemed to be a separate contract..


2. Price

Prices may be subject to change without notice according to fluctuating metal prices and stone sizes.


3. Risk

Risk In the Goods passes to the Purchaser when the Goods are off loaded from POM USA or its agents/ sales reps vehicle at the point of destination or (in a case where POM USA or its agent/sales rep does not effect delivery) at the time when the Goods leave POM USA premises or (in a case where the Purchaser is to collect the Goods, and if earlier) seven days after notification to the Purchaser that the goods are ready for despatch. Any storage of the Goods on POM USA premises after the expiry of the latter period of seven days is at the Purchaser’s risk.


4. Property

(1) The property and the legal and beneficial ownership in the goods will only pass or be transferred to the Purchaser when:-

(a) the Goods the subject of this contract; and

(b) all other Goods the subject of any other contract between the Purchaser and POM USA which, at the time of payment of the full price of the Goods sold under this contract, have been paid for in full.

(2) Until the property and the legal and beneficial ownership in the Goods has passed to the Purchaser in accordance with sub clause 1 above.

(a) the Purchaser is required to store the Goods in such a way that they are clearly the property of and in the ownership of POM USA.

(b) POM USA will be entitled to repossess the Goods from the Purchaser without prejudice to any further or other remedies POM USA may have against the Purchaser under this contract or any other contract between POM USA and the Purchaser.

(3) Notwithstanding the provisions of sub-clauses 1 and 2 above the Purchaser will be entitled to sell the Goods to a third party within the framework of the normal carrying on of its business and to deliver them to such third party on condition that in so far as the Purchaser has not fully discharged its indebtedness to POM USA.

(a) the Purchaser shall - as between itself and POM USA - act as agent for POM USA and;

(b) the Proceeds of sale shall be held by the Purchaser for the account of POM USA

(c) the Purchaser shall transfer to POM USA any claim it may have against such third party emanating from such transaction but without prejudice to any rights which POM USA may have against the Purchaser.


5. Payment

(a) New Customers, Overseas Customers and Non-account holders: pre-payment is required on all orders.

(b) Account holders: payment of the price shall be made within the period of 30 days after delivery to the Purchaser of POM USA invoice.

(c) Interest shall be charged on unpaid accounts at the rate (as well after as before judgement) of two per cent per month.

(d) Payments by credit and debit cards will also be subject to a 2% charge.

(e) Any invoice outstanding beyond the period of 30 days from the invoice date will be referred to the commercial debt recovery agents and will be subject to a surcharge of 15% to cover the collection costs incurred. This surcharge together with all other charges and legal fees incurred will be the responsibility of the customer or account holder and will be legally enforceable.

(f) Buying online with POM USA is safe and secure. Payments through our website are processed with Shopify Payments which encrypts data, making sure your details are secure and safe. POM USA does not store your card details or have access to any card details for security reasons.


6. Collection and delivery

(a) Failure to deliver the goods by the date specified may entitle the Buyer to reject goods if the delivery is 4 weeks later than the date specified on this order. If the delivery date is to be later than specified it must be agreed with the Buyer within one week of this order being received by POM USAPOM USA shall not be liable for the consequences of any delay.

(b) Delivery shall be taken by the Purchaser in accordance with the terms of this contract. If for any reason the Purchaser is unwilling or unable to accept delivery of the Goods at the time when the Goods are due and ready for delivery POM USA shall if its storage facilities permit store the goods and take all reasonable steps to prevent their deterioration until their actual delivery and the purchaser shall be liable to POM USA for the reasonable cost of its so doing. This provision shall be in addition to not in substitution of any other payment or damages for which the Purchaser may become liable in respect of its failure to take delivery at the appropriate date.

 


7. Force Majeure

If the manufacture or delivery by normal route or means of delivery or shipment of the Purchaser’s goods or part of them is delayed or made impossible by events beyond the control of POM USA or an event falling within the meaning of the term “force majeure” and in particular strikes, lock-outs or differences with workmen, civil disturbance, war, Queen’s enemies, act of God, epidemic, storm, flood, tempest or accident to machinery, Government requirements, quota or licence restrictions, POM USA shall not be liable for any delay or failure to deliver which directly or indirectly is attributable to such events.


8. General

(a) POM USA will not accept responsibility for notifying carriers (on behalf of the Purchaser) of any claims for loss damage or delay in transit or for mix-delivery or non-delivery unless the Purchaser puts POM USA in possession of relevant information in reasonable time for POM USA to comply with the claims procedures appropriate.

(b) Complaints on faulty Goods cannot be considered unless official notification is lodged in writing with POM USA within seven days from the date of invoice.

(c) Goods must be examined on receipt, and if damaged, signed for as such with immediate advice to POM USA If the above procedure is not adhered to POM USA cannot accept responsibility. The liability of POM USA for loss or damage in transit shall not exceed replacement of the Goods shown to be lost or damaged or at POM USA option reimbursement of the price received by him for the Goods. All further claims for damages, howsoever arising, are hereby expressly excluded.

(d) All weights measurements and dimensions are approximate only.


Jurisdiction

This contract shall be construed according to the Law of the state of California.


We reserve the right to amend these terms and conditions from time to time.