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The following conditions apply to the sale, installation,
loan, hire, servicing and repair of goods supplied
by Southern Office Furniture Ltd., hereinafter called
‘the Company’. No alteration or addition
to, nor exclusion of, any part of these conditions
shall be applicable unless agreed in writing by a
partner of the Company.
The word ‘Buyer’ shall include buyer,
borrower, hirer, lessee, owner or any other person
who is in charge of the goods. The word ‘Goods’
shall include office equipment including spare parts
and other items supplied, serviced, repaired, loaned
or hired by the Company.
Charges for goods or services supplied shall be paid
in full on or before delivery or completion unless
the Buyer has an account with the Company. Where the
Buyer has an account, payment shall be made by 30
days of invoice date. If payment is delayed, the Company
reserves the right to charge interest on monies outstanding
at the rate of 2% per month or part month. The Company
may close the Buyer’s account at any time at
its discretion. All prices quoted exclude VAT.
The Company reserves the right to require payment
of a deposit when an order is placed, the amount of
the deposit to be not less than 30% of the total value
of the order, but in any case negotiable between the
Company and the Buyer. The Company also reserves the
right to require periodic payments at agreed stages
where delivery and/or installation is necessarily
spread over a period of time.
Any time named by the Company for delivery is an estimate
only and, while every effort will be made to deliver
on time, the Company will not be liable for the consequences
of any delay. Claims for damage in transit or shortages
shall be made in writing within 7 days of receipt
of goods. Claims for non-delivery shall be made in
writing within 30 days of despatch of goods.
The property in the goods shall pass to the Buyer,
notwithstanding physical delivery, only when payment
for them is made in full by the Buyer and any cheque
given by the Buyer is cleared. The risk in the goods
shall pass to the Buyer when delivery is made.
Until the date of full payment of all monies due and
owing to the Company, the Buyer shall keep the goods
as a bailee in a place and in such a manner that they
can clearly be identified as being the property of
the Company and shall hold them, or in the event of
their sale or other disposition as permitted by this
agreement all sums of money deriving therefrom, separately
and in a fiduciary capacity for the sole benefit of
the Company. The Buyer shall be entitled to sell the
goods in the ordinary course of business and to pass
good title there to as agent for the Company, subject
to the reservation that until the date of full payment
of all monies due and owing to the Company, he transfers
to the Company all rights and privileges that he derives
therefrom and shall account to the Company for all
monies obtained therefrom. Such monies shall be held
by the buyer on trust for the benefit of the Company
until full payment be made, the said monies being
kept in a separate account ‘unmixed’ with
other monies of the Buyer. In event of any default
by the Buyer of any of the conditions of this agreement
including failure to pay to the Company all monies
owed on the due date, or if a receiver be appointed,
or if a petition be presented to wind up the Buyer’s
company or the Buyer becomes otherwise incapable of
trading for whatever reason, the entire sum of money
remaining unpaid shall become immediately due and
owing to the Company and the Company shall be entitled
forthwith to stop further delivery of goods and to
enter upon the premises of the Buyer with such transport
as may be necessary to remove all property retained
by the Company under this or any contract with the
Buyer without prejudice to his right to claim payment
of all monies remaining due and owing to him, nor
shall the Buyer construe this or any other condition
of this agreement as entitling him to return the goods
or to refuse or delay payment therefore. No privity
of contract shall exist or be created as between the
Company and any purchaser of goods from the Buyer
notwithstanding the fact that the Buyer shall act
as the Company’s agent as provided in the preceding
condition.
It is the responsibility of the Buyer to examine goods
for defects in materials and/or workmanship which
are likely to cause damage or injury. Illustrations,
descriptions, weights and measurements are to be taken
as a guide only and are not binding in detail. The
Company reserves the right, without notice and without
affecting the validity of the contract, to make such
changes in materials, dimensions and design as are
reasonable or desirable.
Where assembly of the goods is not done by the Company,
the party assembling the goods must follow the instructions
supplied with the goods. Failure to do so will invalidate
the Company’s liability for damage caused to
or by the goods. The Buyer is responsible to ensure
that the instructions have been obtained from the
Company.
Advice, information and opinion given by an employee
or agent of the Company is given without legal responsibility.
Any recommendation or suggestion relating to the use
of goods made by the Company either in technical literature
or in response to specific enquiry, is given in good
faith, but is for the Buyer to satisfy himself of
the suitability of the goods for his particular purpose,
and he shall be deemed to have done so.
The Company shall not be liable for damage or injury
caused by its goods or workmanship beyond replacement
of the goods or work on verification of the Buyer’s
complaint. The liability of the Company shall not
in any event exceed the liability which would have
incurred under the law. The Company shall not be liable
for any consequential loss caused by its failure or
delay in servicing, repairing or supplying equipment
whether the loss arises from the actions or omissions
of the Company, its servants, agents or subcontractors.
Guarantees given shall not be applicable outside mainland
UK unless expressly stated otherwise by the Company
in writing. Any guarantee given will be invalidated
if the goods are subject to misuse or accident after
the Buyer has taken delivery.
Orders placed cannot be cancelled or varied nor can
goods be returned save on terms expressly agreed between
the Company and the Buyer
Any contract between the Buyer and the Company shall
be construed in accordance with the law of England.
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