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Terms and conditions
Terms and Conditions of Contract (Furniture Sales)
Between WJ White Ltd (‘the Company’) and the Customer (‘the Purchaser’).
1 CONTRACT A Contract shall be made between the Company and the Purchaser upon, and only upon, the acceptance by the Company in writing of an order placed (whether orally or in writing) by the Purchaser and thereupon the parties shall be bound. No modification of these Conditions shall be binding upon the Company unless otherwise stipulated herein or agreed to in writing by someone duly authorized on behalf of the Company. No terms, conditions or warranties put forward by the Purchaser shall be incorporated into this Contract by implication be by any wording contained in the Purchaser’s order or howsoever otherwise.
2 CONTRACT VARIATION Any variation to the original contract specification and price must be confirmed by the Purchaser in writing and accepted by the Company in writing as required for the initial contract under clause 1 (above).
3 PRICE CHANGES All prices quoted shall be subject to market fluctuation and/or changes in basic national wage rates and costs of materials and components. Whilst every effort will be made to maintain prices quoted the Company reserves the right to execute orders at published list prices ruling at time of delivery.
4 PAYMENT TERMS
(a)
(b) Bespoke Items: One third of the quoted price shall be invoiced and is payable on acceptance of order. Work on special items, either design or manufacture, will not commence until the initial payment is received. A further one third may be invoiced and is payable upon notification that the goods are ready for inspection and delivery. The remainder of the contract price shall be invoiced upon completion of work, including installation if applicable, and payable at the end of the month following the month of invoicing.
(c) Delayed Delivery: Should the Purchaser re-schedule delivery beyond the original delivery schedule, invoices shall be raised and become payable to the original schedule and the Purchaser shall in addition be liable to storage charges.
The Purchaser shall accept that adherence to these payment terms is fundamental to the contract, and that interest shall accrue and be paid at the rate of 2 per cent per annum above the current bank base lending rate on all monies overdue by these terms.
5 TRANSFER OF PROPERTY AND RISK
(a) Ownership of the goods shall remain with the Company until the goods, which are the subject of this contract, have been paid for in full in accordance with the terms of this contract. If payment is overdue whether in whole or in part the Company may, without prejudice to any other right or remedy, recover the goods and resell the same and enter the Purchaser’s premises to retake possession of them for the purpose.
(b) The risk in the goods shall pass to the Purchaser on delivery.
(c) Delivery shall be deemed to have been accepted unless and to the extent that in the case of non-delivery the Company is notified within 10 days from dispatch, and in the case of damage, the goods are signed for as damaged and the Company is notified within 3 days after delivery.
6 DELIVERY The Company will arrange for delivery of the goods by its own transport or by an independent carrier to such destination in the
7 WARRANTY The Company warrants to the original Purchaser that the goods are free from defect in material and workmanship under normal and proper use and service for a period of five years. Notice of any defect must be promptly given by the Purchaser to The Company. The Company’s examination must find the product to have been defective or this warranty will be of no effect. This warranty does not apply in respect of damage caused by misuse, neglect or accident howsoever arising nor if goods have been repaired or modified other than by the Company or its authorized representative.
8 SPECIFICATION The Company reserves the right to change the specification of standard range products as it thinks fit.
9 CONSEQUENTIAL LOSS The Company shall not in any circumstances be liable to the Purchaser in respect of any consequential or indirect loss or damage (including loss of profit) howsoever arising which the Purchaser may suffer by reason of any default by the Company except where such consequential or indirect loss or damage is caused by the willful act or default of the Company its servants or agents.
10 FORCE MAJEURE If manufacture or delivery of the goods is delayed or hindered in any way by events beyond the Company’s control, then the Company may upon reasonable notice terminate or amend this Contract in such manner as is reasonable within the circumstances.
11 PROPER LAW The proper law of the Contract shall be English. The Purchaser submits a jurisdiction of the English Courts of Law.
12 VALUE ADDED TAX All prices quoted are subject to the addition of Value Added Tax at the appropriate rate ruling at the tax point for these .
