1. Goods supplied in the execution of this order will be of merchantable quality
and to the same general standard as those presented at time of consultation or displayed to the public as marketing material, but if necessary the company may change the specification of goods provided they are of no lesser quality.
2. Clients should be aware that with solid wood and veneer wood surfaces colour
and grain variation and reasonable natural blemishes are to be expected and there is no guarantee that the furniture being installed will be a direct match to wood samples supplied.
3. Where paint lacquer finishes apply, Clients should be aware that small
variations in colour and gloss level may occur from the original samples supplied. Any defect, alleged breaches relating to merchantable quality, fitness for the purpose or compliance with description that comes to the clients notice must be reported immediately to the Company.
4. Where necessary, the Company or its servants or agents shall be allowed
reasonable access to inspect the items forming the basis of the complaint and if necessary access to remedy the same. On delivery and installation of goods the Client will be afforded the opportunity to examine the goods.
5. All orders accepted by reference to supplied drawings and written
specification, the Company shall for the purpose of completing the order only be bound to complete the order in accordance with the description initially agreed to.
B. Delivery
1. Date of delivery or date of fitting shall not be construed as a fundamental term
of an order. Delivery dates quoted at the time of placing an order are subject to availability of furniture and fitters.
2. Where delivery or installation on or about the due date is declined by the
client, full payment being then due less installation cost, goods will be held for a further 28 days after which storage charges may apply to the Client.
C. Fitting
1. This will be carried out in a workmanlike manner. Any failure in this respect
accepted by the company will be rectified if necessary.
2. It is the Client’s responsibility to have the site cleared prior to installation, have
all electrical points repositioned and/or arrange for the connection and installation of all electrical units (unless otherwise agreed with Company)
3. The Company cannot be held responsible for damage to electric cable,
conduits, pipe work or under floor heating elements not obviously visible or not sat deeply enough in sub-floors or walls.
4. The Company cannot accept liability for any additional costs incurred and
resulting from alterations instigated by the Client subsequent to the initial survey unless notified in writing to the company prior to manufacture of the furniture and accepted by the Company in writing.
5. Where replacements are supplied by the Company in the course of execution
of an order including fitting, then the supply of such replacements will include fitting. Liability is limited as per condition A2c.
6. All deliveries of goods and installation must be signed for on a satisfaction
note on delivery or completion of installation. All alleged damage to or faults in goods and shortages in any terms must be noted on the satisfaction note at the date of fitting.
7. No liability can be accepted for the damage to decorations or items not
supplied by the company during the fitting operation, unless reported to and agreed with the Company or installer and clearly noted on the satisfaction note.
D. Payment
1. The prices at which goods are sold are those ruling at the date of an order.
These may be varied where delivery periods are extended at the request of the client by additional storage charges and application of prices ruling at the time of delivery.
2. Payment terms for orders under £10,000 including VAT:
a. Deposit – this is a condition of acceptance of an order and is to be 50% of the total value unless varied in accordance with G below.
b. Balance of payment – will be invoiced on completion of fitting and due within 7 days of completion date.
3. Payment terms for orders exceeding £10,000 including VAT:
a. Deposit – this is a condition of acceptance of an order and is to be 1/3 of
the total value unless varied in accordance with G below. Deposits are non refundable.
b. Progress payments – One or more progress payments will be required in
accordance and in line with completed work. The Company has the right at their discretion to suspend works until payment has been received.
c. Balance of payment – will be invoiced on completion of fitting and due within
14 days of completion date.
4. Payment method - is accepted by way of cheque, cash, debit card or bank
transfer. If a Client wishes to pay by visa or mastercard, a 1.5% charge will apply.
5. Retention of the title: The property in any goods whatsoever delivered by the
Company to the Client shall remain the property of the Company until full payment from the Client has been received.
6. Cancellation:
a. If the Client cancels an order the Company may at its option forfeit the
deposit and/or claim damages for breach of contract.
b. If the Client fails to comply with the Conditions of payment the Company
may invoke its option to retain the deposit and/or claim damages for breach of contract.
E. Force Majeure
In the event of any circumstances, contingency or force majeure occurring beyond the control of the Company preventing, impelling or interfering with the despatch of the whole or any part of the goods, the Company reserves the right to suspend and/or cancel delivery without incurring liability for any direct or consequential loss, injury or damage which may be caused or sustained by the Client and/or any third party in consequence of any such suspension and/or cancellation.
F. Guarantee
Goods are sold with the benefit of such Guarantee as the Company may specify from time to time. This does not affect the Client’s statutory rights.
G. Variation
No variation of these conditions shall be effective unless either:-
1. Made in writing and signed by an authorised employee of the Company, or
2. Contained in the confirmation issued by the Company upon acceptance by it
of an order.
