1 GENERAL
(a) All orders accepted by Bylaw Limited trading as Bylaw the Furniture Makers (the seller) are subject to the following conditions which shall prevail over all conditions specified by the buyer to the extent that the latter conflict or are inconsistent with them.
(b) The seller will not accept any alteration or variation in the terms of this contract as to the quantity and description of the goods ordered unless notice in writing is given by the buyers within five working days of the date of confirmation of the order.
2 PRICE
Quotations are based on current prices and will be held for 30 days from date of quotation after which they may be varied without notice to price ruling at time of acceptance of order.
3 VALUE ADDED TAX
Any Value Added Tax payable in respect of goods supplied will be borne by the buyers
4 PAYMENT
(a) A 50% deposit must be made when the order is placed, with the balance on completion of the goods or upon such terms as the seller may from time to time (in writing) extend to the buyer. Such terms may be withdrawn by the seller at any time.
(b) Any order once placed cannot be cancelled except by mutual agreement in writing and then only on such terms which would fully indemnify the seller.
5 DELIVERY
(a) Where contracts provide for a delivery, goods shall be delivered and accepted as soon the seller is able to dispatch unless specifically agreed otherwise by the seller in writing.
(b)Scheduled deliveries carry a minimum charge of £95.00 and those requiring installation carry a minimum charge of £195.
(c) While every effort will be made by the seller to effect a delivery in accordance with any pre-arranged dates, no guarantee as to dates of delivery by the seller is to be implied and the seller will not accept liability for any loss or damage occasioned by the delay in delivery however caused.
(d) Should delivery or work be required sooner than the normal time needed for its production, every effort will be made to secure freedom from defect but reasonable allowance must be made by the buyer in such cases.
6 CLAIMS
(a) The buyer shall be deemed to have accepted the goods if he retains them for more than seven days without notifying the seller in writing that he has rejected them.
(b) The absence of any complaint or claim within the above period shall be conclusive in any proceedings that the seller has fully discharged all its obligations under the contract and in particular that the goods were in conformity with the contract in all respects
(c) The return of goods will not be accepted until the seller or his representative shall have had an opportunity of examining them.
7 RESERVATION OF TITLE
(a)Notwithstanding that the buyer or his agents obtain possession of the goods, all or any such goods will remain the property of the seller until such time as payment is made in full to the seller who shall be entitled to all rights of access to the buyer’s premises to enforce its rights hereunder.
(b)If the buyer does not pay on the due date for payment, the seller shall be at liberty on its own account to sell or otherwise deal with or dispose of the said goods in such manner as it may deem fit.
(c)In the event of the buyer reselling or otherwise disposing of the goods or any part thereof before the property therein has passed to him by virtue of Clause 7(a) hereof then the buyer will, until payment in full to the seller of the goods hold in trust for the seller all his rights under such contract or re-sale or any other contract in pursuance of which the goods or any part thereof are disposed of or any contract by which property comprising the said goods or any part thereof is or is to be disposed of and any monies or other consideration received by him there under.
8 THIRD PARTY LIABILITY
The seller shall be under no liability in respect of any damage or loss to third parties caused directly or indirectly by the goods in any way whatsoever and the buyer shall at all times indemnify the seller against such loss or damage
9 FORCE MAJEURE
The performance of all contracts is subject to variation or cancellation by the seller owing to any act of God, war, strike, lockouts or any other industrial action, fire, flood, drought, tempest, insect or fungicidal attack or any other causes beyond the control of the seller or owing to any inability by the seller to produce materials or articles required for the performance of the contracts and the seller shall not be held responsible for any inability to deliver caused by any such contingency.
10 APPLICABLE LAW
The contract formed by the Order and this acceptance shall be governed by and construed in accordance with English law. Any disputes arising out of these Conditions shall be submitted exclusively to the jurisdiction of the English Courts