TERMS AND CONDITIONS
The “Buyer” refers to the person or organisation placing an order with Contract Furniture Solutions Limited The“Company” refers to Contract Furniture Solutions Limited The “Goods” refers to the goods which are ordered by the Buyer from the Company.
Any Goods sold by the Company will be sold on these terms and conditions unless otherwise agreed in writing by a Director of the Company.
These terms and conditions will take precedence over the Buyer’s terms and conditions and will be conclusive where there is any inconsistency between the two.
These terms and conditions will supersede all and any previous agreements between the parties, information appearing in any sales brochure or other documentation produced by the Company.
The price quoted for any Goods will, on receipt of confirmation of the Buyer’s order, be confirmed in writing to the Buyer.
Any price quoted will be open to acceptance by the Buyer for a period of 60 days. After such time the Company reserves the right to re-quote for the Goods.
Prices quoted for the Goods will be given for full orders and the Company may refuse any order which comprises only part of the order quoted for.
The Company will not be liable for any change in price between quotation and order, or order and delivery due to circumstances beyond the Company’s control.
All prices quoted will be inclusive of packaging and tailboard delivery unless otherwise stated.
All prices quoted will be exclusive of VAT and any placement requirement.
Unless specifically agreed in writing by the Company, all goods will be supplied on a pro-forma basis only. If the Buyer has an approved credit account with the Company, payment shall be due no later than the 20th of every month following the date of invoice. Delay of payment will have direct consequences on pending orders and interest will be charged at a rate of 4% per month on monies outstanding beyond the payment date.
In circumstances where the Goods may be fulfilled in separate instalment deliveries, the Goods will be part invoiced and these Goods will be payable as per the above terms.
If the recovery of sums outstanding from the Buyer is passed to a Debt Collection Agency, the Buyer shall pay the Company’s costs in instructing the said Debt Collection Agency and all ancillary legal costs.
The Buyer shall not at any time withhold payment for any Goods supplied to it by the Company by way of set off in connection with any dispute claim or counter-claim the Buyer has with or has made against the Company or the manufacturer.
All prices which appear in the Company’s price list and/or quotations are all exclusive of VAT. VAT will be charged at the applicable rate. The Company reserves the right to change any price without notice.
The proposed delivery date will be confirmed and agreed with the Buyer prior to the Goods being delivered.
Whilst the Company will endeavour to deliver the Goods on the agreed delivery date, it cannot be liable for any delay in the delivery and therefore the delivery date should be regarded as a estimate only and may be changed by notification of the Company to the Buyer.
All standard deliveries are made by a sole driver and deliveries are tailgate (ie the driver may assist in unloading from the vehicle and will place the Goods in a near room only).
If agreed at the time of order confirmation, additional members of the Company’s staff may be made available to assist with installations/placements at an agreed rate. The hours worked will be calculated from the time the member of staff leaves the Company’s premises until such time as they return.
Due to traffic issues and distances involved, sometimes deliveries may be attempted outside of normal office hours.
Where Goods are delivered in instalments or by part delivery, the Buyer will not be entitled to treat the delivery of faulty Goods, or the late delivery of Goods, in one instalment or part delivery as repudiation of the entire contract.
Where a delivery address has not been agreed and the Buyer fails to notify the Company of the address for delivery within 14 days of having been notified that the Goods are ready for delivery, the Company shall be entitled (but not bound) to store the Goods at any location at the Buyer’s expense and risk.
Delivery charges are as follows:
Mainland UK – Where the order value (excluding vat) exceeds £1,000, delivery to locations throughout mainland UK are free. For order with a total value of less than £1,000 (excluding VAT), there is a small charge of £10.00 per item (excluding VAT).
Central London – Deliveries within the congestion charge zone may be subject to an additional charge which will be at the Company’s discretion.
Outside Mainland UK – Deliveries outside mainland UK are charged on an order by order basis dependent upon location and size of order.
The Company will not be liable to the Buyer for any failure or delay in delivery of the Goods if it is due to any event beyond the reasonable control of the Company. The Company will be entitled to a reasonable extension of time for performing such obligations and shall not be liable for any loss or damage associated to the Buyer thereby.
The Company shall be entitled without prejudice to its other rights and remedies, to terminate immediately in writing every contract it has with the Buyer or to suspend any further delivery of the Goods under any or every contract it has with the Buyer if:
Any debt is due and payable by the Buyer to the Company and remains unpaid The Buyer has failed to provide any letter of credit bill of exchange or any other security required by the Company The Buyer has rejected, returned or failed to take delivery of the Goods or part of them otherwise than in accordance with these terms and conditions The Buyer becomes unable to pay its debts within the meaning of Section 123 of the Insolvency Act 1986
The Buyer being a corporate has: Received notice (either written or oral) than an Administrative Receiver or other Receiver or Manager is to be or has been appointed in respect of its undertaking or a material part thereof or other property or assets Received notice (either written or oral) that a petition to wind up the Buyer is to be or has been presented under Section 124 of the Insolvency Act 1986 or otherwise or a notice (either written or oral) of a proposal to pass a Resolution to wind up the Buyer (including any proposal by the Buyer to do so) Decided to make a voluntary arrangement or composition with its creditors Become unable to pay its debts as such expression is defined by the Insolvency Act 1986; or Received a notice (either written or oral) of anything analogous to the above under foreign law or that proceedings have been instituted under foreign law.
The Buyer being an individual or partnership has: Become unable to pay its debts as such expression is defined in the Insolvency Act 1986 Suspended any payment to the Company in whole of part Proposed or entered into any composition or arrangement with its creditors Had a receiving order in bankruptcy made against him; or Received notice (either written or oral) of anything analogous to the above under foreign law.
RISK AND TITLE TO GOODS
The risk in the Goods passes to the Buyer upon delivery.
Notwithstanding the passing of risk, property in the Goods shall remain vested in the Company and shall only pass from the Company to the Buyer upon full payment being made of all sums due to the Company from the Buyer in respect of those Goods.
If the Goods are sold by the Buyer to a third party who then has a valid title to the Goods, the Buyer shall be the trustee for the Company of the proceeds of such sale or to the claim for such proceeds and the Buyer shall place such proceeds in a separate bank account and the Company’s rights under this sub-clause shall attach to the proceeds of such sale and nothing shall constitute the Buyer the agent of the Company for the purposes of any such sub-sale.
Unless and until payment is received, the Company may at any time repossess the Goods and enter the Buyer’s premises and remove the Goods (and dispose of the same as it may decide) and the Buyer shall keep such Goods as fiduciary agent and bailer for and on behalf of the Company and shall keep such Goods separate and identifiable for this purpose.
Any implied authority that the Buyer shall be entitled to sell the Goods and pass property in them to third parties in the normal course of its business or sell such products will continue until otherwise notified in writing by the Company or until the happening of any of the events set out in these terms and conditions.
The entire financial liability of Chair Solutions to the Buyer for any loss or damage of whatsoever nature and howsoever caused (including any liability for the acts or omissions of its employees, agents and subcontractors) shall be limited to, and in no circumstances shall exceed the invoiced value of the Goods supplied (excluding VAT).
Details and specifications of the Goods are set out in the Company’s current brochure and website. The product dimensions given in the Company’s brochure and website are intended as a guide only. Prior to purchase, should the dimensions of a product be critical to the buying decision then this fact should be confirmed to the Company to ensure that these criteria can be met. All dimensions are given as a guide only as manufacturing tolerances can vary. We also reserve the right to alter product specification without notice or to withdraw any product without prior notice.
CANCELLATION OF ORDERS
Once the Buyer has received an order confirmation from the Company for the Goods in question, if the Buyer cancels and/or amends the order this may result in charges to the Buyer which will be levied at the Company’s discretion as costs may have already been incurred by the Company.
Goods are supplied according to the descriptions and specifications given by the Company. The Company gives no warranty, except our normal manufacturer’s warranty which is normally 12 months from the date of purchase. The Company does not make representation as to the suitability or fitness of any goods for any particular purpose unless expressly given.
In the event that an item is defective within the meaning of the Sale of Goods Act 1979 (as amended from time to time), the Company reserves the right to replace or repair the goods as an alternative to refunding the purchase price, at the Company’s discretion.
Any faulty Goods must be reported to the Company within 24 hours delivery, in writing. We will then advise you of the timescale to resolve the matter. Please note that refunds or repairs will not be considered where:
the Goods have been subject to misuse or unauthorised repair, the Goods have been improperly installed, the Customer has not advised the Company of any defects or damage within 24 hours of delivery.
In the event of any returns, the complete packaging should be retained. Please note that faults caused by accidental damage, abuse or general wear and tear may incur additional charges which will be advised at the time.
Any returned Goods must be accompanied with a returns note which the Company will supply the Buyer. Failure to do so will render any claim for credit null and void. Credit will only be raised after satisfactory inspection by the Company.
Any contract to which these terms and conditions apply shall be governed and construed in accordance with English Law and any dispute arising out of or in connection with such contract shall be determined exclusively by the English Courts.
SEVERANCE AND WAIVES
In the event of any part of these terms and conditions being ineffective for any reason, the remainder thereof shall constitute the terms and conditions binding upon the parties.
Failure or neglect by the Company to enforce at any time any of the terms and conditions shall not be construed as nor be deemed to be a waiver of the Company’s rights hereunder nor shall such failure or neglect in any way affect the validity of the whole or any part of these terms and conditions and the Company’s right to take subsequent action shall not be prejudiced thereby.
Any notice approval or other communication to be given hereunder either to the Company or to the Buyer shall be delivered or sent by first class post to the Company at its registered office or to the Buyer at the address on the order. Any such notice approval or other communication shall be deemed to have been served if delivered at the time of delivery of if posted at the expiration of 48 hours after the envelope containing the same shall have been out into the post and in proving such service it shall be sufficient to prove that delivery was made or that the envelope containing such was properly addressed and posted as a pre-paid first class recorded delivery letter.