 BackChairs Direct Limited Terms & Conditions for the Sale of Goods
1. DEFINITIONS
1.1 'Buyer' means the person, firm or Company who agrees to buy or buys the goods from the Seller.
1.2 'Seller' means Backchairs Direct Limited. Company No. 4720214 Registered Office: 19 North Street Ashford Kent TN24 8LF
1.3 'Goods' means the goods that the Buyer agrees to purchase from the Seller.
1.4 'Price' means the price for the goods excluding carriage, packing, insurance and VAT.
1.5 'Delivery Date' means the date set out overleaf when the goods are to be delivered by the Seller to the buyer.
1.6 'Conditions' means the terms and conditions of sale set out in this document and any other terms and conditions set out overleaf.
2. TERMS AND CONDITIONS
2.1 The terms and conditions set out in this document shall apply in respect of any sale of goods by the Seller to the Buyer and all other terms and conditions including any terms or conditions which the Buyer may attempt to apply under any confirmation or purchase order or similar document is and shall hereby be excluded.
2.2 A variation to these conditions shall not apply unless agreed to in writing by the Seller.
2.3 Any order for goods received by the Seller from the Buyer is and shall be deemed to be an offer by the Buyer to purchase goods only under these conditions.
2.4 Once the Buyer has accepted delivery of the goods, the same shall be conclusive evidence of the Buyer's acceptance of these terms and conditions.
3. THE GOODS
3.1 The amount and description of the goods shall be as set out in our online order confirmation or off line via our invoice.
3.2 The Seller may, at its discretion and when it considers it appropriate alter the specification of the goods provided that such alterations do not materially affect the quality or fitness for the purpose of the goods or such changes may be made by the manufacturer of the goods.
3.3 Any and all implied terms, conditions and warranties so far as the law may allow, relating to the quality and/or fitness for the purpose of the goods or any of the goods (whether made orally or in writing or in any of the Seller's brochures, catalogues or advertisements) are hereby excluded.
3.4 Where the Seller has been responsible for any of the specifications and designs in respect of any of the goods then the copyright, design right or other intellectual property in them, shall at all times remain the property of the Seller.
4. PAYMENT OF THE PRICE
4.1 The price shall be the price set out overleaf plus VAT at the correct rate on the date hereof or as displayed on our website.
4.2 Payment of the Price and VAT shall be made as follows: -
Account Customers: Full payment on delivery Unless agreed otherwise in writing, Online Customers: Payment with order unless agreed otherwise in writing.
4.3 If the Buyer shall fail to make payment on the due date, then without prejudice to any of the Seller's other rights, the Seller may:
4.3.1. Cancel or cease deliveries of any other goods due to the Buyer and/or
4.3.2. Appropriate any other monies paid by the Buyer to the Seller (in respect of any other contract) to such of the goods (Or goods supplied under any other contract with the Buyer) as the Seller may in its discretion think fit.
4.4 If this invoice shall become overdue, interest shall accrue from the date when payment was due to be made on a day to day basis until the date of actual payment at a rate of 8.00% above Bank of England base rate (Compounded monthly) from time to time in force and shall continue to accrue at such rate after as well as before any judgment.
5. DELIVERY
5.1 The goods shall be delivered to the Buyer's address on the date specified for delivery. The Buyer shall make any arrangements that may be necessary to take delivery of the goods whenever they are tendered by the Seller for delivery. Delivery is Tailgate only at street level, goods must be signed for. Re-delivery will incurr delivery charges with a minimum of £65.00
5.2 The Seller shall not be liable for any loss or damage whatsoever whether due to failure by the Seller to deliver the goods (or any of them) on the Delivery Date or at all.
5.3 Even if the Seller shall have delayed or failed to deliver the goods (or any of them) on the delivery date, the Buyer shall accept delivery and pay for the goods in full provided that delivery shall be tendered at any time before the Buyer shall have made time for delivery of the essence of the contract.
6. WARRANTIES AND LIABILITY
6.1 The Seller warrants that the goods will at the time of delivery correspond to the description given by the Seller. Any and all other conditions or terms relating to fitness for purpose, merchantability or condition of the goods and whether implied by statute or common law or otherwise are excluded to the extent allowed by the law.
6.2 All goods offered by the seller have a minimum 12 month guarantee against manufacturing defect. Manufacturers will only accept claims on their goods from the original purchaser against goods that have not been used fairly and for their intended purpose. No claims will be accepted by the manufacturer against goods that have been modified or altered in any way. Claims should be made within 10 days of discovery of any defective part. The Seller will assist any buyer in the first 12 months service claims with the manufacturer, without obligation. Thereinafter all claims should be made directly with the manufacturer. The Seller will, upon request, provide details of any warranties, guarantees and manufacturers details.
7. ACCEPTANCE
7.1 The Buyer shall be deemed to have accepted the goods 7 days after delivery to the Buyer pursuant to clause 9.2.
7.2 After having accepted the goods the Buyer shall not be entitled under any circumstances to reject the goods except if they are not in conformity with the contract.
7.3 If the Buyer shall properly reject any of the goods within the time stipulated in Clause 7.1 which are not in accordance with the contract, the Buyer shall return such goods at the Buyer's cost to the Seller before the date when payment of the price is due failing which the Buyer shall remain liable to the Seller for the full cost of the goods.
8. TITLE AND RISK
8.1 Title to the goods shall not pass from the Seller to the Buyer until the Seller shall have been paid the Price plus VAT in full together with any other sums which shall be due from the Buyer to the Seller under this contract or any other contract between the Buyer and the Seller.
8.2 Until title in the goods shall have passed to the Buyer the Buyer shall hold the goods and each and any of them as bailee for the Seller and on a fiduciary basis only. The Buyer shall keep the goods properly marked and identifiable separate from all other goods in its possession.
8.3 The Seller shall notwithstanding that title may not have passed to the Buyer nevertheless are entitled to recover the price plus VAT from the Buyer.
8.4 The Buyer may sell or use the goods in the ordinary course of the Buyer's business at the purchase value for the account of the Seller notwithstanding the fact that they remain the property of the Seller. Any sale or dealing before title shall have passed to the Buyer shall be a sale by the Buyer with the Buyer dealing as principal when such sales or dealings are made. The Buyer shall keep the entire proceeds of sale or otherwise of the goods in trust for the Seller and shall not be mixed with other money or paid into any overdrawn bank account of the Buyer until title shall have passed and shall be at all material times identified as the Seller's money.
8.5 The Buyer shall not charge by way of security or pledge for any indebtedness of the buyer any of the goods in respect of which title has not passed to the Seller. If the Buyer shall do so, all sums then owing by the Buyer to the Seller shall forthwith become due and payable without prejudice to any of the Seller's other rights and remedies.
8.6 The Buyer shall upon the request of the Seller deliver up such of the goods remaining in the possession of the Seller at any time before title shall have passed to the Buyer. If the Buyer shall fail to do so, the Seller may enter upon any premises owned occupied or controlled by the Buyer where the goods are situated and repossess the goods.
8.7 The Buyer shall insure and keep insured the goods for the full price in respect of all risks to the reasonable satisfaction of the Seller until such date that title in the goods shall have passed from the Seller to the Buyer and shall, when requested by the Seller to do so, produce a copy of such policy of insurance. If the Buyer shall fail to do so, any sum then due and owing by the Buyer to the seller, shall forthwith become due and payable.
8.8 Risk shall pass on delivery of the goods.
9. REMEDIES
9.1 The Seller shall have no liability to the Buyer whatsoever in respect of any loss or expense (including loss or profit) whether direct or indirect suffered by the Buyer arising out of a breach by the Seller of this contract.
9.2 Within 7 days of delivery, the Buyer shall inspect the goods and notify the Seller of any alleged damage, defects, and failure to comply with the description or sample or shortness in quantity. The Buyer shall return them to the Seller forthwith following delivery and before any use is made of them. If the Buyer shall fail to comply with these provisions, the Buyer shall be deemed to have accepted the goods.
9.3 Any warranties and conditions which may be implied by statute or otherwise are to the extent allowed by the law excluded from this contract provided that nothing in this contract shall restrict or exclude liability for death or personal injury caused by the negligence of the Seller or affect the statutory rights of a Buyer dealing as consumer.
10. FORCE MAJEURE
10.1 Neither party shall be liable for any default due to any act of God, War, Strike, Lockout, Industrial action, Fire, Flood, Drought, Tempest or other event beyond the reasonable control of either party.
11. LAW
11.1 DISPUTES - Both parties agree in the first instance to seek remedy via a ruling from the Furniture Ombudsmans' Independent Conciliation service.
11.2 This contract is subject to the Law of England and Wales
11.3 All disputes arising out of this contract shall be subject to the jurisdiction of the Courts of England and Wales.
THESE TERMS AND CONDITONS FORM PART OF THE TERMS DURING THE ONLINE CHECK-OUT PROCESS
|
|
 |
