Skip Navigation





BASKET 0 items
TOTAL £0

 

 


 

 

Terms and conditions

 

FOR SUPPLY OF GOODS AND SERVICES.


1. DEFINITIONS


In this document the following words shall have the following meanings:
1.1 "Agreement" means these Terms and Conditions together with the terms of any applicable Specification Document;

1.2 "Customer" means the organisation or person who purchases goods and services from the Supplier;

1.3 "Intellectual Property Rights" means all patents, registered and unregistered designs, copyright, trade marks, know-how and all other forms of intellectual property wherever in the world enforceable.

1.4 Specification Document" means a statement of work, quotation or other similar document describing the goods and services to be provided by the Supplier;

1.5 "Supplier" means The Company



2. GENERAL



2.1 Terms and Conditions shall apply to all contracts for the supply of goods and services by the Supplier to the Customer.

2.2 Before the commencement of the services the Supplier shall submit to the Customer a Specification Document which shall specify the goods and services to be supplied and the price payable. The Customer shall notify the Supplier immediately if the Customer does not agree with the contents of the Specification Document. All Specification Documents shall be subject to these Terms and Conditions.

2.3 The Supplier shall use all reasonable endeavours to complete the services within estimated time frames but time shall not be of the essence in the performance of any services.



3. PRICE AND PAYMENT



3.1 The price for the supply of goods and services are as set out in the Specification Document.

3.2 Invoiced amounts shall be due and payable at the time of placing the order.



4. SPECIFICATION OF THE GOODS



4.1 All goods shall be required only to conform to the specification in the Specification Document. For the avoidance of
doubt no description, specification or illustration contained in any product pamphlet or other sales or marketing literature of the Supplier and no representation written or oral, shall form part of the contract.

4.2 All Goods are in flat packs beside upholstery furniture.



5. DELIVERY



5.1 The date of delivery specified by the Supplier is an estimate only of when the goods will arrive at the supplier’s premises. Time for delivery shall not be of the essence of the contract and the Supplier shall not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the goods.

5.2 All risk in the goods shall pass to the Customer upon collection of the goods by the Customer or the Customers representative.



6. TITLE



Title of the Goods shall not pass to the Customer until the Customer has collected the Goods.

 


7. CUSTOMER`S OBLIGATIONS

 


To enable the Supplier to perform its obligations under this Agreement the Customer shall:
7.1 co-operate with the Supplier;

7.2 provide the Supplier with any information reasonably required by the Supplier;

7.3 The Customer shall be liable to compensate the Supplier for any expenses incurred by the Supplier as a result of the Customer’s failure to comply with Clause 7.1 and 7.2



8. WARRANTY



8.1 The Supplier warrants that as from the date of delivery for a period of 12 months the goods and all their component parts, where applicable, are free from any defects in design, workmanship, construction or materials.

8.2 Except as expressly stated in this Agreement, all warranties whether express or implied, by operation of law or otherwise, are hereby excluded in relation to the goods and services to be provided by the Supplier.



9. INDEMNIFICATION



The Customer shall indemnify the Supplier against all claims, costs and expenses which the Supplier may incur and which arise, directly or indirectly, from the Customer’s breach of any of its obligations under this Agreement, including any claims brought against the Supplier alleging that any goods and/or services provided by the Supplier in accordance with the Specification Document infringes a patent, copyright, trade secret or similar right of a third party.



10. LIMITATION OF LIABILITY



10.1 Except in respect of death or personal injury due to negligence for which no limit applies, the entire liability of the Supplier to the Customer in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the price paid by the Customer to which the claim relates.

10.2 In no event shall the Supplier be liable to the Customer for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or the Supplier had been made aware of the possibility of the Customer incurring such a loss.



11. FORCE MAJEURE



The Supplier shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the Supplier shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.



12. ASSIGNMENT



The Customer shall not be entitled to assign its rights or obligations or delegate its duties under this Agreement without the prior written consent of the Supplier.


13. NOTICES


Any notice to be given by either party to the other may be served by email, fax, personal service or by post to the address of the other party given in the Specification Document or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent, if sent by fax shall be deemed to be served on receipt of an error free transmission report, if given by letter shall be deemed to have been served at the time at which the letter was delivered personally or if sent by post shall be deemed to have been delivered in the ordinary course of recorded post.


14. CANCELLATION OF ORDERS



The Buyer may cancel their order for Goods within seven day’s from the date the order was placed, a £25(twenty five) administration fee will be applicable. Orders can not be cancelled once seven days have lapsed from date of order.

Orders for Barstools can not be cancelled but returns policy will apply. (See section 16)



15. MINIMUM DELIVERY



The minimum order value that will be delivered to Buyer will be £150 (within The Company normal distribution area. Where the value of the Goods ordered is less than this figure (or delivery is required outside The Company normal distribution area). Goods will be delivered by making them available for collection by the Buyer at the door of The Company.


16. RETURNS


The Buyer may return Goods to The Company provided that they satisfy the following conditions:
16.1 The request by the Buyer to return the Goods is made no later than the 3 days from the date when the Goods were delivered or deemed to be delivered in original packaging.

16.2 The driver collecting the Goods has received written authority from The Company to accept the Goods

16.3 The goods are in resalable condition in original packaging.

16.4 The Company shall determine whether the Goods to be returned satisfy the return condition.

16.5 The Company shall refund to the Buyer an amount equal to 50% of the price (excluding VAT, packaging and delivery cost) paid to The Company in respect of any Goods returned.



17. ENTIRE AGREEMENT



This Agreement contains the entire agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. This Agreement may be varied only by a document signed by both parties.



18. GOVERNING LAW AND JURISDICTION



This Agreement shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.