Where in these terms and conditions, We use the words or phrases “Agreement” means these terms and conditions; “Goods” means the items overleaf purchased by You from Us; “We” (or “Us”) means The Furnishers Ltd and includes our successors and assigns; “You” means the person, firm or company who purchases the Goods from Us; “overleaf” means the reverse side or the attached or accompanying pages (if any) as appropriate.
2. Application of Terms
a) The sale of the Goods and the provision of installation services shall be on these conditions to the exclusion of all other terms and conditions (including any terms and conditions which You purport to apply under any purchase order, confirmation order, specification or other document).
b) Any order accepted by Us whether or not it is based on or results from this or any other quotation is deemed to incorporate these terms and conditions no variation or modification of or substitution for these terms shall be binding on Us, unless specifically agreed in writing and signed by a Director.
3. Quotations
All quotations are given on the basis that no contract shall come into existence until We despatch an acknowledgement of order to You. Quotations are valid for a period of 28 days from the date of issue. Figures obtained from our website are for guidance only and should not be considered as binding or final.
4. Payment and Interest
a) A minimum deposit of 50% of the invoice value (including vat) is required on all orders placed and the balance must be paid within 14 days from the issue of an invoice.
b) If You fail to pay an invoice when due You shall be liable to pay interest to Us on such sum from the due date for payment at the annual rate of 2% above the base lending rate of Barclays Bank Plc accruing on a daily basis until payment is made, whether before or after judgement. Notwithstanding the application of interest in this clause 4 (b), You will re-imburse our reasonable costs incurred in respect of overdue invoices, including any fees payable to a credit collection agency.
c) The price for the Goods shall be exclusive of value added tax and all costs or charges in relation to delivery and installation. We will advise of additional charges as appropriate.
d) Payments made by credit card are subject to a 2% surcharge.
5. Delivery & Liability
a) Any dates specified for delivery of the Goods are intended to be an estimate and time for delivery shall not be made of the essence by notice. If no dates are so specified, delivery shall be within a reasonable time.
b) We shall not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods (even if caused by ournegligence).
c) If for any reason You fail to accept delivery of any of the Goods when they are ready for delivery, or We are unable to deliver the Goods on time because You have not provided appropriate instructions, documents, licences or authorisations:
1) risk in the Goods shall pass to You (including for loss or damage caused by our negligence);
2) the Goods shall be deemed to have been delivered; and
3) We may store the Goods until delivery, whereupon You shall be liable for all related costs and expenses (including, without limitation, storage and insurance).
d) You will ensure that all main services such as electricity, gas and water are connected and working prior to our agreed installation date, such services to be supplied free of charge to Us
6. Risk and Title
a)The Goods are held at your risk from the time of delivery. b)Ownership of the Goods shall not pass to You until We have received in full (in cash or cleared funds) all sums due in respect of the Goods and all other sums which are or which become due to Us from You on any account.c)Until ownership of the Goods has passed to You, You shall: 1)hold the Goods on a fiduciary basis as our bailee; on or relating to the Goods; and 2)not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods; and 3)maintain the Goods in satisfactory condition and keep them insured on our behalf for their full price against all risks to the reasonable satisfaction of ourselves.
d) We reserve the right to re-possess Goods if an outstanding balance remains unpaid.
7. Cancellation
a) An order may be terminated by You by serving one month’s notice in writing. Any deposit paid may be forfeited if an order has been placed by ourselves prior to receiving the cancellation notice or work has already commenced by Us on your behalf.
b) If We are delayed in or prevented from making a delivery/installation owing to any cause beyond our control, We are entitled to cancel or suspend an order without liability for any loss or damage caused to You. For the avoidance of doubt, all contracts, orders and estimates are made subject to our right to withdraw or cancel the same (without liability on our part) by reason of interruption or suspension of delivery, short supplies, or increased prices from our suppliers arising from causes beyond our control.
8. Assignmenta)We may assign the contract or any part of it to any person, firm or company.b)You shall not be entitled to assign the contract or any part of it without our prior written consent.
9. General
a) Notwithstanding that the whole or any part of any provision of these terms and conditions may prove to be illegal or unenforceable the other provisions of these terms and conditions and the remainder of the provision in question shall remain in full force and effect.
b) This Agreement will be governed by and construed in accordance with the laws of England and Wales and the parties hereby agree to submit to the exclusive jurisdiction of the courts of England and Wales.
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