(1) The Company’s policy is one of continuous improvement and it reserves the right to alter specifications of any item without prior notice. (2) Every care is taken with the accuracy of the Company’s sales literature, samples and other representations but these are intended as general representations for guidance purposes only. (3) Dimensions given are nominal ones within both normal trade tolerances and those of imperial/metric conversion. (4) Solid timber will exhibit variations of colour, grain and character normal for the species concerned and this is no defect. (5) The reproduction of colours in sales literature is subject to the limitations of printing and photographic processes and in ordering the Buyer recognises and accepts this, variation being no defect. In case of doubt actual coloured material samples can be supplied on request. (6) Goods are not tested or sold as fit for any particular purpose, and any term, warranty or condition express, implied or statutory to the contrary is excluded. It is recommended that the Buyer satisfies him/herself of the suitability of the goods for their particular requirements. (7) Where the Company sells to the Buyer any goods manufactured by a third party (“the Supplier”) any restrictions or limitations of liability in respect of those goods by the Supplier remains in force; likewise the benefit of any warranty offered by the Suppliers is transferred to the Buyer.
(1) All delivery times are given by the Company in good faith and while every effort is made to comply with them delivery dates quoted or agreed shall not be of the essence of the contract unless otherwise agreed in writing by the Company. (2) If, at or before an agreed delivery date, the Buyer wishes to defer or delay delivery beyond a period of two weeks from the agreed date the Company reserves the right to charge storage fees until delivery is made at reasonable commercial rates prevailing locally, and to invoice for payment of the goods at the agreed date, payment to be made at due date irrespective of delivery. (3) The Company makes a charge for carriage over and above the price of the goods which is specified on quotation. In the case of a “working driver only” arrangement the Buyer agrees to provide such labour as required to assist the Company’s delivery driver to unload the goods in one location and accepts all liabilities therein. Alternatively the Buyer may specify and pay for “delivery to rooms” to be provided by the Company’s agents. (4) In all instances the Buyer must accept responsibility for ensuring that means of access within and without a building are adequate for the goods ordered, or of notifying the Company in advance or seeking advice if in doubt. The Company reserves the right to make an additional charge to cover any expenses whatsoever incurred in effecting delivery otherwise.
(1) Prices are quoted net of VAT which must be added at the prevailing rate. (2) Payment is due 30 days from date of invoice for government and public authorities and national charities, and other organisations or limited companies subject to satisfactory references. For private buyers payment is due on delivery. (3) The Company reserves the right tocharge interest on late payment at the rate of 2% above the base rate of HSBC Midland Bank Plc.
(1) If any delivery of goods is deemed by the Buyer to be defective in materials or workmanship, or in any other way unacceptable or unsatisfactory, the Buyer must notify the Company in writing within seven days of delivery date, thereafter no liability will be accepted. (2) Subject to this notification the Company will at it’s absolute discretion replace or repair any goods that it is satisfied were defective at the time of delivery. (3) In the event of goods being notified as defective on delivery the Buyer agrees to allow the Company reasonable time to make inspection and replacement/repair of the goods and not to use the goods in the meanwhile. (4) In the event of defect or dispute in respect of any one part of an order the Buyer shall not be entitled to withhold payment after due date in respect of any other part of that order or of other orders.
6. Risk & Title
(1) Risk in the goods passes to the Buyer on delivery. (2) Title to the goods remains with the Company until payment in full is made.
7. Force Majeure
(1) The Company shall not be held liable for any delay or failure to carry out its obligations under the contract of sale if such delay or failure is partly or wholly by reason of Act of God, war, hostilities, civil disturbance, government restriction or regulation, strikes or industrialdisputes, force majeure or any other cause whatsoever which is reasonably beyond the Company’s control. (2) If the Company fails to make due delivery or makes late or short delivery for any reason not set out in sub-clause 7 (1) above its liability to the Buyer for damages in respect of any loss or expense of whatsoever nature thereby occasioned shall be limited to and not exceed a sum equivalent to the price of the goods in respect of which default has been made. (3) The foregoing provisions of this clause are without prejudice to the rights of the Company to recover payment for any goods that have already been invoiced.
8. Law Applicable
All contracts shall be deemed to be made in England and shall be governed and contrived in accordance with English law.