II.“Customer” means purchaser of goods
III.“Goods” means all goods sold and/or
delivered by Culina Balneo to the customer.
IV.“Terms” means these and conditions
I.These terms apply to all contracts
for the sale of Goods by the company.
II.No amendment, alteration, waiver or
cancellation of any of these terms is binding on the company unless confirmed
by the company in writing.
III.The customer acknowledges that no
employee or agent of the company has any right to make any representation,
warranty or promise in relation to the goods or the sale of the goods other
than as contained in these terms.
I.Prices are determined at the time
of the order and, prior to payment of the deposit, are subject to change
I.Payments are to be made to the
company without any deduction or discount other than as stated in these terms
or in the relevant invoice or statement.
II.A non-refundable deposit of 25%
minimum of the invoice price must be paid when placing an order.
III.Where goods are required within
seven days, the goods must be paid for in full at the time of ordering.
IV.The balance of the invoice price
must be paid in full five working days before delivery. Failure to pay the
balance may result in the allocated delivery slot being cancelled until payment
has been received.
V.A non-refundable deposit will be
required for the release of any drawings and plans if required prior to order
I.The customer must, within 5 days of
the agreed delivery date, collect or accept delivery of the goods and pay the
balance of the invoice price.
II.In addition to clause 4.4 the
company reserves the right to charge the customer storage on goods not
collected or delivered within 5 days of notification of their availability at
the rate of £95.00 per week or part thereof.
III.Any failure on the part of the
company to deliver instalments within any specified time does not entitle the
customer to repudiate the contract with regard to the balance remaining
I.Legal and beneficial ownership of
the goods will not pass to the customer until such time as the goods have been
paid in full in cash or cleared funds.
7. Risk and Insurance
I.The goods are entirely at the risk
of the customer from the moment of delivery to the completion of installation,
even though title in the goods has not passed to the customer at that time.
II.The customer must, at their own
expense, maintain the goods and insure them for the benefit of the company
against theft, breakdown, fire, water and other risks as from the moment of
delivery to the customer and until title in the goods has passed to the
III.If the customer requests the
company hold onto the goods due to delayed works the customer accepts
responsibility for the goods and understands any damaged items may be
chargeable if reported 14 days after their arrival into the company’s
I.Unless the customer has inspected
the goods and given written notice to the company within 2 days after
collection or delivery that the goods do not comply with the relevant
specifications or descriptions, the goods are deemed to have been accepted in
good order and condition.
I.No furniture order may be
cancelled, modified or deferred without the prior written consent of the
company (which is at the company’s sole discretion). If such consent is given
it is, at the company’s election, subject to the company being reimbursed all
losses, including loss of profits, and paid a cancellation fee (being not less
than 20% of the invoice price of the goods).
II.The company will charge a minimum
£250 fee if it has issued any plans or drawings.
III.A minimum 20% charge will be made
for any catalogue item which has been delivered into the company’s warehouse
ready for collection.
I.All goods supplied are covered by
such warranties as are specified by the manufacturer and supplied subject to
the product standards detailed by the manufacturer. The customer is responsible
for registration of products for warrantee purposes.
II.On discovery of any defect in the
goods, the customer must immediately notify the company in writing of such
defect. The customer must not carry out any remedial work to alleged
defective goods without first obtaining the written consent of the company to
III.The company will not be liable for
consequential damage due to manufacturer or installation related issues.
I.The terms of the contract are
wholly contained in these terms and any other writing signed by both parties.
The contract is deemed to have been made at the company’s place of business
where an order was placed and any cause of action is deemed to have arisen
12. Right to Enter
In any of the circumstances
referred to, the customer:
a.Authorises the company by itself,
its agents or representatives at all reasonable times, without notice, to enter
onto (with force if reasonably necessary) and to remain in and on any premises
where the goods are located in order to collect the goods, without being guilty
of any manner of trespasses; and
b.Assigns to the company all the
customer’s right to enter onto and remain in and on such premises until all the
goods have been collected.
I.If any provision contained in these
terms is held by a court to be unlawful, invalid or unenforceable, the validity
and enforceability of the remaining provisions are not affected.
14. Governing Law
I.These terms and the contract shall
be governed by English Law and the parties submit to the courts of English Law
in respect of any dispute arising.