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Terms and conditions of use

1. Definitions

1.1 Company means BW office furniture who are register to Unit 1, the Old Severn Trent Water-site, Brimington Road, Chesterfield, Derbyshire S41 7UP.

1.2 Conditions means the terms and conditions of sale set out in this document and includes any special terms and conditions agreed in writing between the company and the customer.

1.3 Contract means the contract between the company and the customer for the sale and the purchase of the goods.

1.4 Customer means the person, firm or company purchasing or agreeing to purchase goods from the company in accordance with the conditions.

1.5 Goods means all good materials or any part thereof being the subject of any contract to which the condition apply together with any services supplied to the customer by the company or by any third party on behalf of the company.

1.6 Order means the customers written of oral order for goods.

1.7 Guarantee means the guarantee offered by the company in respect of such of the goods and for such period as may be notified to the customer from time to time subject in any event to these conditions.

1.8 Price means the price quoted by the company as set out in a written confirmation of order from the company to the customer or where no prices have been quoted a reasonable price excluding VAT other taxes and of packing and delivery.

1.9 VAT means value added tax at the rate from time to time in full.


2. Conditions applicable

2.1 The company shall sell and the customer shall purchase the goods in accordance with the terms agreed orally or in writing with the customer subject in either case to these conditions which shall govern the contract to the exclusion of any terms and conditions and in placing an order the customer shall be deemed to have read and accepted the conditions.

2.2 No variation to these conditions shall be binding unless agreed in writing by the authorised representative of the company.

2.3 Any representations made by the companies employees or agents concerning the goods shall not be incorporated into the contract unless confirmed by the company in writing and in entering into the contract the customer acknowledges that it does not rely on and waves any claim for breach of any such representations which are not so confirmed.

2.4 Any advice or recommendation given by the company or its employees or agents to the customer or its employees or agents as to the storage application or use of the goods which is not confirmed in writing by the company is followed or acted upon entirely at the customers own risk and accordingly the company shall not be liable for any such advice or any recommendation which is not so confirmed.

2.5 Any quotation given by the company may be withdrawn at any time prior to acceptance by the customer and in any event shall lapse within 14 days.

2.6 Any typographical clerical or other error in any sales literature quotation price acceptance of offer invoice or other documentation of information issued by the company shall be subject to correction without any liability on the part of the company.


3.0 Orders and specifications

3.1 No order shall be deemed to be accepted by the company unless accepted in writing by the company’s authorised representative.

3.2 The company reserves the right to make any changes in the specification of the goods which are required to conform with any applicable safety or other statutory requirements which do not materially affect their quality or performance.

3.3 Save as otherwise provided no order which has been accepted may be cancelled by the customer accept with the agreement in writing of the company and on terms at the customer shall at the companies discretion either, a) indemnify the company in full against all loss, costs including the cost of all labour and materials used damages charges and expenses incurred by the company as a result of cancellation. B) Pay a handling charge on the goods equal to 10% of the price.

3.4 Where the customer requires good to comply with the specification such specification shall be supplied to the company at the time of the order subject to clause 3.2 the company will endeavour to secure goods to the required specification.

3.5 the customer shall inspect the goods on delivery and shall within 24 hours of delivery notify the company of any alleged defect shortage in quantity damage or failure to comply with description or sample, the customer shall afford the company an opportunity to inspect the goods within a reasonable time following delivery and before any use is made of them. If a customer shall fails to provide with these provisions the goods shall be conclusively presumed to be in accordance with the contract free from any defect or damage which would be apparent on a reasonable examination of the goods and the customer shall be deemed to have accepted the goods.


4. Delivery

4.1 Any dates quoted for delivery of the goods are approximate only and the company shall not be liable for any reasonable delay in delivery and time for delivery shall not be of essence unless previously agreed by the company in writing.

4.2 The company may deliver the goods by separate instalments of any size in any order.

4.3 The company delivers more or less than the agreed quantity of goods the company shall have no liability to the customer in respect of the excess or shortfall unless the customer notes such excess or shortage of the delivery note. In the case of excess delivery the company will make arrangements within a reasonable period for the excess to be returned to the company at the company’s expense. Until such time excess is collected by or on behalf of the company the customer shall be responsible for the storage of such excess at the customer’s expense.

4.4 In the case of short delivery, the company may at its own discretion either make good the shortfall by 1 or further deliveries or reduce the price by the same proportion as the shortage bares to the contract quantity.

4.5 The customer shall not be entitled to reject any delivery on the grounds of any excess or short delivery but shall pay the price or where the company exercise the option referred to in clause 4.4 above the reduced price in accordance with that provision.

4.6 If the customer fails to take delivery of the goods or fails to give the adequate delivery instructions at the time stated for delivery otherwise than by reason of the cause beyond the customers control or by reason of the companies fault then without prejudice to any other right or remedy available to it the company may store the goods until actual delivery and charge the customer for the reasonable costs of storage or b) sell the goods at the best price readily obtainable and after deducting all reasonable storage and selling expenses account to the customer for the excess over the price or charge the customer for any shortfall below the price.

4.7 Free shipping / delivery is subject to the company decision on the order value and location of delivery. Delivery charges will be agreed between the company and the customer once the order has been placed. Delivery charge will be equivalent to £1 per mile from and above a 10 mile radios from the companies registered base. The company reserves the right to decline delivery at any time.


5. Price

5.1 If at any time before delivery of the goods the company deems it necessary to increase the price to give effect to any increase in the cost to the company which is due to any factor beyond the control of the company other than for any increase consequent to a change in prevailing rate of Vat the company should have the right to give written notice of such increase to the customer increasing the price and in such instance the customer shall have the right to cancel the contract within 7 days of the receipt by it of such notice failing which such increase should be added to the price.

5.2 Notwithstanding the provisions of clause 5.1 above any increase in the cost to the company necessitating an increase in the price which is a result any change in specification of the goods which is requested by the customer or as a result of any delay caused by any instructions of the customer or failure of the customer to give the company adequate information or instructions shall not entitle the customer to cancel the contract on receipt of a written notice of such increase in the price.

5.3 Subject to any special terms agreed in writing between the company and the customer the company shall be entitled to invoice the customer to the price and vat before on or at any time after delivery of the goods.

5.4 The customer shall pay the price and vat upon either receipt of the companies invoice by the 20th day of the month following the month on which the goods are delivered to the customer. Time of payment of the price and vat shall be of the essence of the contract.

5.5 if the customer fails to make a payment on the due date then without prejudice to any other right or remedy to it the company shall be entitled to a) cancel the contract and suspend any further delivery of goods to the customer b) charge the customer interest on the amount unpaid at the rate of 4% per annum above Lloyds bank plc base rate from time to time until payment in full is made a part of a month being treated as a full month for the purpose of calculating interest.

5.6 The company reserves the right to decline any sale due to any price errors identified at any time.


6. Risk of property

6.1 risk of damage to or loss of the goods shall pass to the customer at the time of delivery or if the customer fails to take delivery of the goods at the time when the company has tendered delivery of the goods.

6.2 Notwithstanding delivery and the passing of risk in the goods property in the goods shall not pass to the customer until the company has received in cash or cleared funds payment in full of the price and vat and for all other goods agreed to be sold to the customer for which payment is then due on until such time as the property in the goods passes to it the customer shall hold the goods as the companies fiduciary agent and a bailee and shall keep the same separate from those of the company and third party and properly stored and protected and insured and identified as the companies property.

6.3 The customer may sell or use the goods in the ordinary course of its business whether in their original form or otherwise but until the customer has discharged all its payments obligations to the trust by the customer and the customer shall account to the company accordingly.

6.4 Until such time as the property in the goods passes to the customer the company shall be entitled at any time to require the customer to deliver up the goods to the company and if the customer fails to do so forthwith to enter upon any premises of the customer or any third party where goods are stored and repossesses the goods.


7.0 Installation

7.1 All installations are subject to the payment of 10% of the total order value unless agreed in writing between the company and the customer.

7.2 The company reserves the right to cancel the installation if sufficient information is not provided by the customer in relation to the delivery location and installation of the products purchased, the customer will be charged for any costs incurred and cannot cancel the order as a result.

7.3 All installation locations should be deemed safe and practical to enable the erecting and installation of the products; if not clause 7.2 can apply.


8. Part exchange

8.1 all part exchange quotes are agreed by the company at the point of orders being agreed, the company will set the exchange value based on their own assumptions and can withdraw any offer at any point before completing the sale. All part exchange values will be deducted from the total order value.

8.2 All part exchange offers are subject to the exchanged stock on offer being to the quality as described in writing or orally between the customer and the company. Any shortfalls of this could result in any exchange being declined but the customer will be responsible for full payment of their order without any cancellation.


9. Warranties and liabilities

9.1 The company warrants that the goods will be free from defects and workmanship for a period of 6 months from the supply of the goods unless a guarantee is given by the company in which case such goods shall be guaranteed against all defects in materials or manufacturer for such period as may be notified to the customer by the company from time to time and commencing from whichever of the following events occurs first a) the first use of the goods by the customer b) the date of supply by the customer to a purchaser of the goods c) six months from the date of the delivery of the goods to the customer.

9.2 Any warranty or guarantee given by the company in respect of the goods supplied shall be subject to the following conditions a) the company shall be under no liability in respect of any defect in the goods arising from any drawing design or specification supplied by the customer b) the company should be under no liability in respect of any defects arising from fairwear and tear the customers negligence abnormal working conditions failure to follow the companies instruction mis-use or alteration or repair of the goods without the companies approval or if the goods have been dismantled or repaired or repairs have been attempted other than by the company or a party authorised to carry out such repairs by the company or if the company is not notified within 7 days of any defect becoming apparent c) the company should be under no liability under any warranty conditions or guarantee if the price and vat has not been paid by the due date d) no warrantee or guarantee given by the company extends to goods not manufactured by lee and Plimpton in respect in which the customer shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to the company.

9.3 In the event of any claim arising under any warranty or guarantee the company will as its option repair supply parts for or replace the goods or refund the cost of goods which are accepted as being defective by the company subject to the customer having complied with its obligations and provided that the customer returns the goods to the company at the customers expense.

9.4 The customer acknowledges that the goods have not been manufactured or prepared to meet the customers individual requirements and that is not within the companies control how and for what purpose the goods are used by the customer and that it is the customers responsibility to ensure that the facilities and functions of the goods meet this and their end users and requirements.

9.5 Any liability of the company except in respect of death or personal injury caused by the companies negligence for any delay in performing or any failure to perform any of the companies obligations in relation to the goods shall be limited to the excess to the cost of the customer in the cheapest available market of similar goods to the replace those not delivered over the price.

9.6 Save as specifically provided in the conditions the company shall have no liability for any defect in the quality of the goods or their failure to correspond with description or sample or to be fit for any purpose and all other conditions warranties stipulations and undertakings whether express or implied by statue or common law are excluded to the fullest extent permitted by law.


10. Termination

Without prejudice to any other right or remedy available to it the company shall be entitled to cancel the contract or suspend any further deliveries of goods under the contract about any liability on the part of the company to the customer and if the goods have been delivered but not paid for the price should become immediately due for notwithstanding any previous agreement or arrangement to the contrary in the event that a) the customer makes any voluntary arrangement with its creditors or becomes subject to any administration order or becomes bankrupt or goes into liquidation. B) an encumbrance takes possession or a receiver is appointed of any of the property or assets of the customer c) the customer ceases or threatens to cease to carry on business d) the customer breaches any of the conditions e) the company reasonably apprehends that any of the events mentioned above is about to occur in relation to the customer and notifies the customer accordingly.


11. Force majeure

9.1 Neither party shall be liable for any default in performing or failure to perform (other than a payment obligation) due to any act of god war strike locate industrial action fire flood draught or any other event beyond the reasonable point of any party. Such delay or failure will not constitute a breach of this contract and time for the performance of the effected obligations will be extended by such a period as is reasonable.


12. General

12.1 Any reference in these conditions to any provision of a statute shall be construed as a reference to that provision as amended re-enacted or extended at the relevant time.

12.2 The headings in these conditions are for convenience only and shall not affect their interpretation.

12.3 No waiver by the company of any breach of the contract by the customer shall be considered as a waiver of any subsequent breech of the same or any other provision.

12.4 If any provisions of the conditions are held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these conditions and the remained of the provision in question shall not be infected thereby.

12.5 The contract shall be governed by the laws of England and subject to the jurisdiction of the English court; in the event of any dispute arising the company shall be entitled to a let whether any proceedings shall proceed in England where the customers business is located.