“The seller” means Italian furniture Co (Leeds) Limited.
“The buyer” means the person, firm or company which place the order with the seller.
“The goods” means the article, things or items described in the order.
“The Order” means the order placed by the buyer for the supply of the goods.
- Unless otherwise agreed in writing by the seller, these conditions which supersede any earlier conditions appearing in the seller’s catalogue or elsewhere shall override any terms and conditions stipulated, incorporated or referred to by the buyer whether in the order or in any negotiations and all guarantees, warranties or conditions (including any conditions as to quality or fitness for particular purpose) whether express or implied by statute, common law or otherwise are excluded and hereby negatived (save where such exclusions are prohibited by the Unfair Contract Terms statute, Common Law, or otherwise are excluded and hereby negatived (save where such exclusions are prohibited by the Unfair Contract Terms Act 1977).
- All descriptions, specifications, drawings and particulars of weights, dimensions and materials have been given by way of identification only and the use of such information shall not constitute a sale by description. The sellers employees and agents have no authority to make any representation, statement or report not contained in or incorporated into the quotation by the seller and the seller shall not be bound by any unauthorised representation, statement or report if the seller adopts any changes in construction, design or specification of its products, the buyer shall accept the product so changed in fulfilment of the order.
- The seller will notify the buyer orally or in writing of the arrival of the goods at the premises of the seller and the buyer shall within 48 hours of such notifications specify a date and time for delivery of such goods. In the event that the buyer fails to unload the goods within 4 hours of their arrival at the buyers premises or such other destinations as notified to the seller in the order at the time so specified the buyer shall be liable to the seller forthe additional costs incurred by the seller. The seller shall not be liable to the buyer for any damage or loss arising directly or indirectly from any delay in delivery.
- The seller does not guarantee the exact quantity of goods so delivered and the buyer shall accept and pay in full at the order price for all goods actually delivered notwithstanding minor discrepancies between the quantities ordered and the quantities delivered. The seller may at its absolute discretion despatch and invoice part orders.
- Delivery charges are included in the price except where otherwise stated. Goods are not accepted by the seller for return from the buyer without the prior consent of the seller in writing. Payment shall be made within 30 days of delivery of goods to the buyer and in the event of late payment the seller shall be entitled to interest on the amount outstanding at the rate of 4% above the base rate of Natwest Bank PLC from time to time in force calculated from day to day.
- All delivery notes must be signed by the buyer and the driver delivering the order. In the event that the quantity of goods delivered falls short of the quantity specified on the delivery note the actual quantity unloaded shall be recorded on the delivery note and countersigned by the buyer and the driver delivering the goods who shall also record the container Seal Number and whether “SEAL BROKEN” or “SEAL INTACT” on delivery.
- The buyer shall inspect the conditions of the goods immediately upon receipt thereof and shall within 48 hours from such inspection give notice in writing to the seller of any matter or thing by reason whereof he alleges that the condition of the good is not in accordance with the contract. If the buyer shall fail to give such notice the condition of the said goods shall be deemed to be in all respects in accordance with the contract and the buyer shall be bound to accept and pay for the same accordingly. Any goods for the subject of a claim by the buyer shall be retained by the buyer pending inspection by the seller.
- The seller shall not be obliged to entertain or discharge any claim for less than £150 and the maximum liability of the seller for shortages and defects in respect of any goods shall be the amount invoiced by the seller to the buyer in respect therefore. Under no circumstances shall the seller be liable to the buyer for loss of profits or economic loss.
- The goods shall be at the buyer’s risk from the time of delivery to the buyer’s premises or to such other premises notified to the seller on the order.
- (a). The goods and any other goods delivered by the seller to the buyer shall remain the sole and absolute property of the seller as legal and equitable owner until such time as all money due to the seller has been paid to the seller.
(b). The buyer acknowledges that it is in possession of all such goods as bailee for the seller until such time as they become the property of the seller under paragraph 11(a).
(c). Until the goods become the property of the buyer, the buyer undertakes to store such goods on its own premises separately from its own goods or those of any other person and in a manner which makes them readily identifiable as the sellers goods.
(d). The buyers rights to possession of such goods shall cease if it does anything or fails to do anything which would entitle a receiver to take possession of its assets or which would entitle any person to present a petition for the winding up or bankruptcy of the buyer.
(e). The seller may for the purpose of examination or recovery of its goods enter upon any premises where they are stored or where they are reasonably thought to be stored.
(f). In the event that the buyer purports to sell all or part of such goods before the property therein passes to the buyer the entire proceeds of such purported sale shall be held in trust for the seller and shall not be mingled with any other money or paid into any overdrawn bank account and shall at all times be identifiable as the seller’s money.
(g). The buyer warrants that it is not at the time of entering into this agreement insolvent, and knows of no circumstances which would entitle any creditor to appoint a receiver or to petition for winding-up or bankruptcy or to exercise any other rights over or against its assets.
(h). All furniture sold is intended for domestic use. We cannot accept responsibility if used for contract/commercial purposes.
(i). WE RESERVE THE RIGHT TO INCREASE PRICES ON IMPORTED GOODS AT SHORT NOTICE, IF APPROPRIATE.