TERMS AND CONDITIONS OF SALE 1. INTERPRETATION
In these terms:
“Company” means [Culina & Balneo Ltd]
“Customer” means purchaser of goods from company
“Goods” means all goods sold and/or delivered by Culina & Balneo to the customer.
“Terms” means these and conditions of sale.
These terms apply to all contracts for the sale of Goods by the company.
No amendment, alteration, waiver or cancellation of any of these terms is binding on the company unless confirmed by the company in writing.
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.
Prices are determined at the time of the order and, prior to payment of the deposit, are subject to change without notice.
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.
A non-refundable deposit of 25% minimum of the invoice price must be paid when placing an order.
Where goods are required within seven days, the goods must be paid for in full at the time of ordering.
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.
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.
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.
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 undelivered.
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
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.
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 customer.
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 warehouse.
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.
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).
The company will charge a minimum £250 fee if it has issued any plans or drawings.
A minimum 20% charge will be made for any catalogue item which has been delivered into the company’s warehouse ready for collection.
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.
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 do so.
The company will not be liable for consequential damage due to manufacturer or installation related issues.
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 there.
12. Right to Enter Premises
In any of the circumstances referred to in clause 14, the customer:
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
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.
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.
19. Governing Law
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.