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.
Prices and Terms of Payment
Charges for goods or services supplied shall be paid in full with order, 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.
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.
Retention of Title
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.
Specification of Goods: Defects
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
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.
Limit of Liability
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. The guarantee varies from product to product and we would be pleased to give this time period upon request and qualify the exact terms of each product guarantee.
Orders placed cannot be cancelled or varied nor can goods be returned save on terms expressly agreed between the Company and the Buyer.
Please contact us within seven days to discuss the problem with your order. We cannot take back any unwanted or incorrectly ordered goods unless specifically agreed. However in some circumstances where the goods are from stock and are still boxed they may be able to be returned to the manufacturer for a restocking fee. The goods must be returned in the original packaging in an undamaged and unused condition which is the responsibility of the buyer. In the case of specifically made bespoke products or manufactured to order goods we would be unable to take these back or offer a refund.
Any contract between the Buyer and the Company shall be construed in accordance with the law of England.
Southern Office Furniture Ltd 2015.