Conditions of Sale
1. General.
These terms and conditions apply in preference to and supersede any terms and conditions referred to, offered or relied on by the seller whether in negotiation or at any stage in the dealings between the seller and the buyer. Without prejudice to the generality of the foregoing, the seller will not be bound by any standard or printed terms furnished by the buyer in any of its documents. Unless the buyer specifically states in writing separately from such terms that it intends such terms to apply and the seller acknowledges such notification in writing.
2. Variation.
Neither the buyer nor the seller shall be bound by any variation, Waiver of, or addition to these conditions except as agreed by both parties in writing and signed on their behalf by authorized representatives.
3. Description.
The description of the goods has been given by way of identification and the use of such description shall not constitute a sale by description.
4. Sample.
notwithstanding that a sample of the goods may have been exhibited to and inspected by the buyer. It is hereby declared that such sample was so exhibited and inspected solely to enable the buyer to judge for himself the quality of the bulk, and not so as to constitute a sale by sample.
5. Cancellation.
The company cannot accept cancellation of any order once a signed confirmation has been received and manufacture of cabinetry, building works, ordering of materials or appliances has commenced.
6. Reproduction.
Much of the product the company manufactures is made from natural products, it is therefore reasonable to expect variation in colour and grain. Items ordered at separate times may vary in colour and finish as our furniture is hand finished and may not therefore be reproduced exactly.
7. Liability.
The price of the goods shall be the seller's quoted price or where no price has been quoted (or a quoted price is no longer valid) the price listed in the seller's published price list current at the date of acceptance of the order. All prices quoted are valid for 31 days only or until earlier acceptance by the buyer, after which time they may be altered by the seller without giving notice to the buyer. Prices are exclusive of VAT and VAT will be charged at the rate notified by H.M. Customs and Excise as applicable to the goods supplied.
9. Guarantee.
The seller guarantee’s all manufactured items produced by the seller against manufacturing faults for a period of 12 months from receipt. Where proprietary items are used these will be covered by the supplying company’s own guarantee.
10. Payment.
A deposit of 50% of the agreed sale price including VAT is payable by the buyer to the seller upon confirmation of order (which is non refundable in the event of cancellation if notified prior to commencement of manufacture, ordering of appliances or materials, building works or surveyors services. If notified after this time Section 5 applies. Balance Payment of 50% for goods manufactured or ordered specifically for the buyer is due 7 days prior to delivery and 25% payable 7 days prior to commencement for building works, installation preparation and work surfaces with the final 25% due on completion. Please allow sufficient time for funds to clear the sellers bank account to comply with the above timescales ie 3 working days for BACS or Credit/Debit Cards and up to 7 working days for cheques. If paying by Credit Card or some Debit Cards, a fee of 2½ % of the invoice value will be applied to all transactions. Due to the very high charges the seller does not accept American Express.
11. Late Payment.
If payment of the price or part thereof is not made by the due date, the seller, without prejudice to any other right or remedy available.
Shall be entitled:-
The buyer shall be responsible for arranging labour to off load the delivery. If so requested the seller will deliver goods direct to sites on behalf of the buyer, lf the buyer fails to take delivery of the goods or fails to give the seller adequate delivery instructions at the time stated for delivery (otherwise then by reason of any cause beyond the reasonable control or by reason of the seller's fault) then without prejudice to any other right or remedy available to the seller, the seller may;-
Carriage charge of £100 will apply to all orders delivered within 100 miles, deliveries in excess of 100 miles will be charged at £1 per mile. If the seller has to make special arrangements for the carriage of goods at the request of the buyer the full cost of the carriage will be charged to the buyer.
14. Risk.
The risk in the goods will pass to the buyer at the time of delivery or, if the buyer wrongfully fails to take delivery of the goods, the time when the seller has tendered delivery of the goods
15. Time.
The seller undertakes to use the best endeavors to dispatch the goods on the promised delivery date, but does not guarantee to do so. Time of delivery shall not be the essence of the contract.
16. Shortage.
The seller shall incur no liability for short delivery of goods, the buyer must notify the seller of any claim within 48 hours of delivery of the Consignment
17. Property.
Notwithstanding delivery and the passing risk in the goods. or any other provision of these conditions, the property of the goods shall not pass to the buyer until the seller has received in cash or cleared funds payment in full of the price of the goods and all other goods agreed to be sold by the seller to the buyer for which payment is then due.
18. Force Majeure.
If delivery is delayed by strikes, lockouts, fire. accidents, defective materials, delays in receipt of raw material- or bought-in goods or components, or any other cause beyond the reasonable control of the seller a reasonable extension of time for delivery shall be granted and the buyer shall pay such reasonable extra charges as shall be occasioned by the delay. The seller shall not in any event be liable to the buyer or be deemed in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the seller's obligations in relation to the goods if the delay or failure was due to any cause beyond the seller's reasonable control.
19. Returns.
The seller will not accept return of goods which have been specifically manufactured or ordered for the buyer.
20. Law.
The contract shall be deemed to have been made in England and the parties to the contract hereby submit to the jurisdiction of the English courts.
English law shall be the proper law of the contract.
21. Insolvency of the Buyer.
In any of the following events, then, without prejudice to any other right or remedy available to the seller, the seller shall be entitled to cancel any contract or suspend any further deliveries under the contract without any liability to the buyer and if the goodshave been delivered and not paid for the price shall become immediately due and payable notwithstanding any previous arrangements to the contrary.
1. General.
These terms and conditions apply in preference to and supersede any terms and conditions referred to, offered or relied on by the seller whether in negotiation or at any stage in the dealings between the seller and the buyer. Without prejudice to the generality of the foregoing, the seller will not be bound by any standard or printed terms furnished by the buyer in any of its documents. Unless the buyer specifically states in writing separately from such terms that it intends such terms to apply and the seller acknowledges such notification in writing.
2. Variation.
Neither the buyer nor the seller shall be bound by any variation, Waiver of, or addition to these conditions except as agreed by both parties in writing and signed on their behalf by authorized representatives.
3. Description.
The description of the goods has been given by way of identification and the use of such description shall not constitute a sale by description.
4. Sample.
notwithstanding that a sample of the goods may have been exhibited to and inspected by the buyer. It is hereby declared that such sample was so exhibited and inspected solely to enable the buyer to judge for himself the quality of the bulk, and not so as to constitute a sale by sample.
5. Cancellation.
The company cannot accept cancellation of any order once a signed confirmation has been received and manufacture of cabinetry, building works, ordering of materials or appliances has commenced.
6. Reproduction.
Much of the product the company manufactures is made from natural products, it is therefore reasonable to expect variation in colour and grain. Items ordered at separate times may vary in colour and finish as our furniture is hand finished and may not therefore be reproduced exactly.
7. Liability.
- (a) No liability whatsoever shall be incurred by the seller in respect of any representation made by the seller or his agents to the buyer or his agents before the contract where such representation related or referred in any way to
- (i)The correspondence of the goods to any description.
- (ii) the quality of the goods.
- (iii) The fitness of the goods for any purpose whatsoever.
-
(b) No liability whatsoever shall be incurred by the seller to the buyer in respect of any express term of the contract, warranty or intermediate stipulation
including any liability arising from the breach of such term, where the said term relates in any way to- (i)The correspondence of the goods to any description.
- (ii) the quality of the goods.
- (iii) the fitness of the goods for any purpose whatsoever
- (c) Where the goods are sold under a consumer transaction (as defined by the Consumer transaction (Restrictions on Statements) Order 1976 the statutory rights of the buyer are not affected by these conditions.
The price of the goods shall be the seller's quoted price or where no price has been quoted (or a quoted price is no longer valid) the price listed in the seller's published price list current at the date of acceptance of the order. All prices quoted are valid for 31 days only or until earlier acceptance by the buyer, after which time they may be altered by the seller without giving notice to the buyer. Prices are exclusive of VAT and VAT will be charged at the rate notified by H.M. Customs and Excise as applicable to the goods supplied.
9. Guarantee.
The seller guarantee’s all manufactured items produced by the seller against manufacturing faults for a period of 12 months from receipt. Where proprietary items are used these will be covered by the supplying company’s own guarantee.
10. Payment.
A deposit of 50% of the agreed sale price including VAT is payable by the buyer to the seller upon confirmation of order (which is non refundable in the event of cancellation if notified prior to commencement of manufacture, ordering of appliances or materials, building works or surveyors services. If notified after this time Section 5 applies. Balance Payment of 50% for goods manufactured or ordered specifically for the buyer is due 7 days prior to delivery and 25% payable 7 days prior to commencement for building works, installation preparation and work surfaces with the final 25% due on completion. Please allow sufficient time for funds to clear the sellers bank account to comply with the above timescales ie 3 working days for BACS or Credit/Debit Cards and up to 7 working days for cheques. If paying by Credit Card or some Debit Cards, a fee of 2½ % of the invoice value will be applied to all transactions. Due to the very high charges the seller does not accept American Express.
11. Late Payment.
If payment of the price or part thereof is not made by the due date, the seller, without prejudice to any other right or remedy available.
Shall be entitled:-
- (i) To charge interest (both before and after any judgment) on the outstanding amount at the rate of 2%. above Barclays Bank base rate accruing daily until payment in full is made.
- (ii) To require payment in advance of delivery of undelivered goods.
- (iii) To refuse to make delivery of any undelivered goods whether ordered under the contract or not without incurring any liability whatsoever to the buyer for non-delivery or any delay in delivery. (IV) to terminate the Contract.
The buyer shall be responsible for arranging labour to off load the delivery. If so requested the seller will deliver goods direct to sites on behalf of the buyer, lf the buyer fails to take delivery of the goods or fails to give the seller adequate delivery instructions at the time stated for delivery (otherwise then by reason of any cause beyond the reasonable control or by reason of the seller's fault) then without prejudice to any other right or remedy available to the seller, the seller may;-
- (i) store the goods until actual delivery and charge the buyer (including insurance) of storage or.
- (ii) sell the goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account the buyer for the excess over the price of the goods or charge the buyer for any shortfall below the price of the goods.
Carriage charge of £100 will apply to all orders delivered within 100 miles, deliveries in excess of 100 miles will be charged at £1 per mile. If the seller has to make special arrangements for the carriage of goods at the request of the buyer the full cost of the carriage will be charged to the buyer.
14. Risk.
The risk in the goods will pass to the buyer at the time of delivery or, if the buyer wrongfully fails to take delivery of the goods, the time when the seller has tendered delivery of the goods
15. Time.
The seller undertakes to use the best endeavors to dispatch the goods on the promised delivery date, but does not guarantee to do so. Time of delivery shall not be the essence of the contract.
16. Shortage.
The seller shall incur no liability for short delivery of goods, the buyer must notify the seller of any claim within 48 hours of delivery of the Consignment
17. Property.
Notwithstanding delivery and the passing risk in the goods. or any other provision of these conditions, the property of the goods shall not pass to the buyer until the seller has received in cash or cleared funds payment in full of the price of the goods and all other goods agreed to be sold by the seller to the buyer for which payment is then due.
18. Force Majeure.
If delivery is delayed by strikes, lockouts, fire. accidents, defective materials, delays in receipt of raw material- or bought-in goods or components, or any other cause beyond the reasonable control of the seller a reasonable extension of time for delivery shall be granted and the buyer shall pay such reasonable extra charges as shall be occasioned by the delay. The seller shall not in any event be liable to the buyer or be deemed in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the seller's obligations in relation to the goods if the delay or failure was due to any cause beyond the seller's reasonable control.
19. Returns.
The seller will not accept return of goods which have been specifically manufactured or ordered for the buyer.
20. Law.
The contract shall be deemed to have been made in England and the parties to the contract hereby submit to the jurisdiction of the English courts.
English law shall be the proper law of the contract.
21. Insolvency of the Buyer.
In any of the following events, then, without prejudice to any other right or remedy available to the seller, the seller shall be entitled to cancel any contract or suspend any further deliveries under the contract without any liability to the buyer and if the goodshave been delivered and not paid for the price shall become immediately due and payable notwithstanding any previous arrangements to the contrary.
- (i) the buyer makes any voluntary arrangements with its Creditor's or becomes subject to an administration order or (being an Individual or firm) becomes bankrupt or (being a company) goes into liquidation otherwise for the purpose of amalgamation or reconstruction or;
- (ii) the encumbrance takes possession, or a receiver is appointed of any of the property or any of the assets of the buyer or.
- (iii) the buyer ceases or threatens to cease to carry on business.