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Terms and Conditions
STANDARD TERMS AND CONDITIONS OF BUSINESS
1. DEFINITIONS
1.1 Buyer means the person who buys or agrees to buy the goods from the Seller;
1.2 Conditions means the terms and conditions of sale set out in the document and any special terms and conditions agreed in writing by the Seller;
1.3 Delivery date means the date specified by the Seller when the goods are to be delivered;
1.4 Goods means the articles which the Buyer agrees to buy from the Seller;
1.5 Price means the price for the Goods excluding carriage,
packaging, insurance and VAT;
1.6 Seller means Crawleys Furniture Ltd, 857 Plymouth Road, SL1 4LP
2. CONDITIONS APPLICABLE
2.1 These conditions shall apply to all contracts for the Sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions including any terms and conditions which the Buyer may purport to apply under any purchase order,confirmation order or similar document
2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Conditions.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer's acceptance of these Conditions.
2.4 Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
3. PRICE AND PAYMENT
3.1 The Price shall be the Seller's quoted price on the order acknowledgement form or invoice. The price is exclusive of VAT which shall be due at the rate ruling on the date of the Seller's invoice.
3.2 Payment of the Price and VAT shall be in accordance with the terms set out on the order acknowledgement form or invoice. Time for payment shall be of the essence.
3.3 Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 3% above Nat West Bank base rate from time to time in force and shall accrue at such rate after as well as before any judgement.
4. THE GOODS
4.1 The quantity and description of the Goods shall be as set out in the Seller's quotation.
4.2 The Goods shall be supplied in accordance with the description contained in Seller's Specification.
4.3 The Seller may from time to time make changes in the
specification of the Goods which are required to comply with any applicable safety or statutory requirements or which do not materially affect the quality of fitness for purpose of the Goods.
4.4 Any contractual description of the Goods by the Seller relates to the identity of the Goods but only if it relates to a central characteristic of the Goods or to a substantial ingredient in their identity.
5. WARRANTIES AND LIABILITY
The seller warrants that the Goods supplied will at the time of delivery correspond to the description given by the Seller all other warranties, conditions or terms relating to the fitness for purpose, quality or condition of the Goods, whether express or implied by statute or common law or otherwise are excluded to the fullest extent permitted
by law.
6. DELIVERY OF THE GOODS
6.1 Delivery of the Goods shall be made to the Buyer's address on the Delivery Date. The Goods may be delivered in advance of the Delivery Date upon giving of reasonable notice to the Buyer.
The Buyer shall make all arrangements to take delivery of the Goods whenever they are tendered for Delivery
6.2 The Seller shall not be liable for any loss or damage whatever due to the failure by the Seller to deliver the Goods (or any of them) promptly or at all.
6.3 Notwithstanding that the Seller may have delayed or failed to deliver the Goods (or any of them) promptly the Buyer shall be bound to accept delivery and to pay for the Goods in full provided that the delivery shall be tendered at any time within 3 months of the Delivery Date.
6.4 In the event that the Buyer is unable to take delivery of the Goods in the Delivery Date the Buyer is to bear the costs of Storage.
7. ACCEPTANCE OF THE GOODS
7.1 The Buyer shall be deemed to have accepted the Goods 24
hours after delivery to the Buyer
7.2 After acceptance the Buyer shall not be entitled to reject the Goods which are not in accordance with the contract.
7.3 If the Buyer properly rejects any of the Goods which are not in accordance with the contract the Buyer shall nonetheless pay the full Price for such Goods unless the Buyer gives notice within 48 hours of rejection to the Seller and at the Buyer's cost returns such Goods to the Seller before the date when payment of the Price is due.
8. TITLE AND RISK
8.1 Title shall pass on Payment
8.2 Risk shall pass on delivery of the Goods.
9. SELLER'S RETENTION OF PROPERTY CLAUSE
9.1 The Goods shall be at the Buyer's risk as from delivery
9.2 In spite of delivery having been made property in the Goods shall not pass from the seller until:
9.2.1 the Buyer shall have paid the Price plus VAT in full: and
9.2.2 no other sums whatever shall be due from the Buyer to the Seller.
9.3 Until property in the Goods passes to the Buyer in accordance with clause 9.2 the Buyer shall hold the Goods and each of them on a fiduciary basis as bailee for the Seller. They Buyer shall store the Goods (at no cost to the Seller) separately from all other goods in its possession and marked in such a way that they are clearly identified as the Seller's property.
9.4 Until such time as property in the Goods passes from Seller the Buyer shall upon request deliver up such of the Goods as have not ceased to be in existence or resold to the Seller. If the Buyer fails to do so the Seller may enter upon any premises owned, occupied or controlled by the Buyer where the Goods are situated and repossess the Goods.
10. REMEDIES OF THE BUYER
10.1 Where the Buyer rejects any Goods then the Buyer shall have no further rights whatever in respect of the supply to the Buyer of such Goods or the failure by the Seller to supply Goods which conform to the Contract of Sale.
10.2 Where the Buyer accepts or has been deemed to have accepted any goods then the Seller shall have no liability whatever to the Buyer in respect of these Goods
10.3 The Seller shall not be liable to the Buyer for late delivery or short delivery of the Goods.
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