FABRIC SELECTION
The selection of fabrics is not the Company’s responsibility. The policy of the company is to supply any fabric specified by the Customer in accordance with the company’s requirements. In selecting fabrics which the Company is to purchase and supply or in supplying fabrics to the Company the Customer deemed to have ensured the suitability of such fabrics for their intended use. Claims for losses howsoever sustained, resulting from a failure of the fabric or from any defect in the fabric or its performance cannot be accepted by the Company.
MATCHING
8.1 Good are sold on the clear understanding that exact matching between batches or co-ordinated products cannot be guaranteed. Variations may occur in timber components because of the natural grain of the wood.
CLAIMS AND LIABILITY
9.1 Any claim by the Customer which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall be notified to the Company within three (3) days from the date of delivery in Writing. If delivery is not refused, and the customer does not notify the Company accordingly, the Customer shall not be entitled to reject the Goods and the Company shall have no liability for such defect or failure and the Customer shall be bound to pay the price as if the Goods has been delivered in accordance with the Contract.
9.2 No claim based on the defect in the quantity or condition of the Goods can be accepted by the Company where the Goods have been subjected to further processing or to any alteration or modification whatever following delivery by the Company.
9.3 Except in respect of any representation made in writing by a duly authorised representative of the Company, the Company shall not be liable to the Customer by reason of any representation or implied warranty condition or other term or under the express terms of the Contract for any consequential loss or damage, costs, expenses or other claims which arise out of or in connection with the supply of goods or their use or re-sale by the Customer except as expressly provided in these Conditions.
9.4 Whilst the Company takes every care to ensure that any future information supplied is correct and accurate the Company cannot accept responsibility for any losses howsoever occasioned resulting from any inaccuracy therein.
DESIGN COPYRIGHT
The sale of Goods by the Company to the Customer does not confer any right or license upon the Customer to use exploit or otherwise utilise any intellectual property rights subsisting in or relating to the Goods of which the Company is the proprietor or to which the Company is otherwise entitled.
RISK AND PROPERTY
The risk of damage to our loss of the Goods shall pass to Customer:
11.1.1 In the case of Goods to be delivered at the Company’s premises at the time when the Company notifies the Customer that the Goods are available for collection or
11.1.2 In the case of the Goods to be delivered otherwise than at the Company’s premises at the time of deliver or if the Customer wrongfully fails to take deliver of the Goods the time when Company has tendered delivery of the Goods.
11.2 Notwithstanding delivery and the passing of risk in the Goods the property in the Goods shall not pass to the Customer until the Company has received cash or cleared funds payment in full of the price of the Goods and after all other Goods agreed to be sold by the Company to the Customer for which payment is then due
11.3 Until such time as the property in the Goods passes to the Customer the Company shall be entitled at any time to require the Customer to deliver up the goods to the Company and if the Customer fails to do so forthwith to enter on the premises of the Customer or any third party where the Goods are stored and re- possess the Goods.
11.4 The Customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of the Company, but if the Company does so all monies owing by the Customer to the Company shall (without any prejudice to any other remedy of the Company) forthwith become due and payable.
INSOLVENCY OF THE CUSTOMER
12.1 The clause applies of;
12.1.1 This Customer makes any arrangement with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation (otherwise than for the purpose of amalgamation or re- construction) or
12.1.2 An incumbrancer takes possession or a Receiver is appointed of any of the property or assets of the Customer or
12.1.3 The Customer ceases or threatens to cease to carry on business or
12.1.4 The Company reasonably apprehends that any of the events mentioned above is about occur in relation to the Customer and notifies the Customer accordingly
12.2 If this clause applies then without prejudice to any other right or remedy available to the Company, the Company shall be entitled to cancel the contract or suspend any further deliveries under the Contract without any liability to the Customer and if the Goods have been delivered but not paid for in full shall become immediately due and payable notwithstanding any previous agreement or arrangements to the contrary.
FORCE MAJEURE
The Company shall not be in breach of the Contract if there is any total or partial failure of performance by it of its duties and obligations under the Contract occasioned by any act of God, fir, act of government or state, war, civil commotion, insurrection, embargo, prevention from or hindrance in obtaining any raw materials, energy or any other supplies, labour disputes of whatever nature and any other reason beyond the control of either party. If the Company is unable to perform its duties and obligations under the Contract as a direct result of the effect of one such reason it shall give notice to the Customer of such inability stating the reason in question. The operation of the Contract shall be suspended during the period (and only during the period) in which the reason continues. Forthwith upon the reason ceasing to exist the Company shall give advice to the Customer of this fact, If the reason continues for a period of more than 60 days and substantially affects the commercial basis of the Contract he parties shall consult together for the purpose agreeing what action should be taken in the circumstances and, if appropriate, shall negotiate in good faith to amend and modify the provisions and terms of the Contract as necessary to escape the reason in question for the inability to perform.
MAINTENANCE INSTRUCTIONS
14.1 Table tops and other Timber Surfaces
Wipe with a clean slightly damp cloth. Buff with a duster until completely dry. A proprietary spray wax polish may sparingly applied on a regular or intermittent basis if so desired.
14.2 Upholstered Surfaces
Regular careful vacuum cleaning is advised. Stains can generally be removed by lightly sponging with clear lukewarm water. Always attend to stains as rapidly as possible. If in doubt consult a professional cleaning contract.
14.3 Warning
Do Not use any cleaning agent which contains an abrasive. Do not use any cleaning agent containing ammonia, bleach, spirit or any other aggressive constituent.
GENERAL
15.1 Any notice required to be given by either party under these Conditions shall be in Writing addressed to the other party as its registered office or principal place of business or such other address as may have been notified to the party giving the notice.
15.2 No waiver by the Company of any breach of the Contract by the Customer hall be considered as a waiver of any subsequent breach of the same or any other provision.
15.3 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Conditions and the remainder of the provisions in question shall not be affected thereby
15.4 The Contract shall be governed by the laws of England and Wales
15.5 The parties submit to the jurisdiction of the Courts of England and Wales.
CANCELLATION POLICY OF NON-RETURNABLE ITEMS
16.1 The Contract for supply of goods that are made to the consumer’s specifications or are clearly personalised (regulation 28(1)(1), Consumer Contract Regulations) means that the consumer does not have a right to cancel.
16.2 The supply of sealed goods which are not suitable for return due to health protection or hygiene, if the goods become unsealed after delivery (regulation 28(3)(a), CCRs).