Terms & Conditions

This contract contains the entire bargain between you, “the customer”, and us “THOMAS FERGUSON & COMPANY, LIMITED, also trading as John England Irish Linen, Company number R0000713”, and prevails over inconsistent terms in other documents. These conditions apply except as expressly agreed in writing, and any concession or waiver does not prejudice future rights.

The company warrants goods will accord with specifications and feature sound materials and workmanship. Reasonable variations in thread counts, strength, weight, width, shrinkage, shade, colour fastness and fluidity shall be allowed. Unless stated on the contract, the company is deemed unaware of special purposes. Samples are furnished only as quality indications and may not accord with specifications or final goods.

All the company’s products contain natural fibres and shrinkage, after successive laundering, will occur in the length and width of approximately up to 10–15%, depending on the construction. Washed or pre-shrunk products will have most but not necessarily all shrinkage removed.

1. Delivery dates mean when goods are ready for dispatch to the specified point of delivery.
2. All deliveries must be taken up by the final delivery date stated in the contract.
3. 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.

1. The company endeavours to supply exact quantities ordered but 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, unless otherwise specifically agreed.
2. Indicated piece lengths are general indications without legal commitment.

1. In the event of our costs increasing between the date 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 similar causes, the price may be increased for undelivered portions with written notice.
2. If you fail to take delivery as per Condition 5(a), the company may increase the price of remaining goods to standard pricing ruling on the actual delivery date.

1. If a Force Majeure Event beyond reasonable control prevents delivery by the appropriate date, such date shall be postponed for a reasonable period. Beyond that period, the company may cancel the contract without liability unless products have been made or appropriated to the contract. A Force Majeure Event means any event beyond our reasonable control which by its nature could not have been foreseen, including strikes, energy failures, acts of God, war, terrorism, natural disasters, epidemics or supplier defaults.
2. If prevented from supplying full quantities while maintaining other business, the company 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.
3. The company shall give as much advance notice as possible to enable alternative purchase arrangements during reduced or suspended delivery periods.

1. Complaints relating to quality will only be considered provided notice in writing is given to us within 28 days after receipt of goods, with defective goods placed aside or returned for inspection. The company reserves the right not to accept returns if goods were not reasonably cared for, soiled or laundered.
2. 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 on your order) the goods, but in no circumstances will our maximum liability hereunder exceed the invoice value of the defective goods.
3. The company shall not be liable for: (i) adverse effects from any process or treatment unless specifically recommended; (ii) goods cut, processed or damaged by the buyer after risk passed; (iii) expenditure respecting defective goods; (iv) loss of profit or consequential losses.
4. Claims for loss or damage in transit must reach the company within periods enabling valid carrier claims.
5. Failure to give notice as specified deems claims waived and absolutely barred.
6. The company may suspend further deliveries while complaint validity is determined, postponing applicable delivery dates accordingly.
7. Once allowance is accepted, no further claims may be made regarding that matter.

1. 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.
2. We shall be entitled to charge interest at the rate of 8% above the base lending rate from time to time of the Bank of England on overdue payments and prices of undelivered goods. The company reserves the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.
3. The company may suspend or cancel further deliveries if: (i) payment is overdue; (ii) you fail to take delivery; (iii) goods delivered would exceed your credit limit.
4. For the purpose of this condition, time of our receipt of payment shall be of the essence of this contract.
5. The Buyer shall make all payments due under the Contract in full without deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Buyer has a valid court order.

1. Only in exceptional circumstances, and with the agreement of a Company director, will full credit terms be extended to a new or first-time Buyer.
2. To receive credit terms, buyers must regularly purchase in excess of £1,200 worth annually. By applying for an account, Buyers authorise the Company to complete the necessary credit checks.
3. Where credit terms are extended, the Buyer shall pay the invoice price in full within 30 days of the invoice date. Payments accepted by BACS, cheque or credit/debit card.
4. Exceeding credit limits or having outstanding payments prevents dispatch until the account is restored to credit.
5. Bespoke, tailor-made, custom, non-standard or made-to-order goods require advance payment unless otherwise agreed in writing by a director.
6. No payment shall be deemed to have been received until the Company has received cleared funds in their bank account.
7. The Company reserves the right to cancel, or reduce, any credit account without notice. Credit terms will be withdrawn following extended payment outside stated terms or unreasonable cancellation requests.
8. Buyers may cancel credit accounts by writing to the accounts team. Individual stock orders may be cancelled prior to dispatch by phone or email. Bespoke goods are excluded from normal cancellation policies but this does not affect statutory rights regarding faulty goods.

1. 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, and the company has no responsibility thereafter. Buyers should insure goods appropriately.
2. However, the ownership of the goods shall remain with us until full payment has been made, and we reserve the right to dispose of the goods until payment in full has been received. The buyer shall be liable for all costs, expenses and liabilities incurred by the Company in the recovery and reclamation of goods, including legal fees, removal and transportation.

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.

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 are recognised or binding despite annexation to exchanged documents.

This contract shall be interpreted exclusively according to the laws of the United Kingdom (as it applies in Northern Ireland), and you accept jurisdiction of the courts the company nominates for disputes.

While we try to ensure that all prices in the Company price lists or on the website, or elsewhere transmitted or communicated, are accurate, errors may occur. The company will inform you of discovered errors and give you the option to reconfirm at correct prices or cancel. If unable to contact you, orders are treated as cancelled. Cancellations with advance payment receive full refunds.