BEST IN DESIGN LTD TERMS AND CONDITIONS |
1.1 BEST IN DESIGN LTD (hereinafter called the Company)
1.2 All goods are supplied by the Company subject to these conditions.
1.3 The Company's conditions shall prevail over any terms or conditions which the Buyer may seek to impose in any other documentation relating to any contract.
1.4 The following conditions apply to and are deemed to be incorporated in all orders, contracts, quotations and tenders for the supply, sale, installation, repair and the hire of goods by The Company unless otherwise expressly agreed in writing by a Director of The Company and the Buyer.
2. PRODUCT INFORMATION
2.1 All specifications, drawings and particulars of weights or dimensions submitted by The Company with any quotation or tender are approximate only.
2.2 The descriptions and illustrations contained in catalogues, web site and price lists and other documents are intended only as a guide to Buyers of the goods described therein and the said descriptions and illustrations shall not form part of any contract between The Company and the Buyer.
2.3 The Company cannot be held liable for any errors contained in this information nor for losses resulting as a consequence of errors or design alterations.
3. PRODUCT CHANGE
3.1 The Company reserves the right to withdraw from sale or alter the design of any product without notice.
3.2 The company will have no liability in respect of any goods which have been altered, modified or repaired other than by the Company its servant or agents
4.1 Prices and charges quoted by the Company are subject to the addition of VAT at the appropriate rate
4.2 Quotations are open for acceptance, for a period of thirty days from the date of the quotation
4.3 The Company reserves the right to withdraw or amend a quotation at any time.
5. ACCEPTANCE OF ORDERS
5.1 The Company reserves absolute discretion to accept or reject any order placed
6. VERBAL ORDER CONFIRMATION
6.1 Verbal orders must be given with an order number by the Buyer at the time of speaking
6.2 Verbal orders must be confirmed in writing by the Buyer within forty eight hours and the confirmation must be worded "Confirmation of Verbal Order Number…"
7.ENTRY INTO CONTRACT
7.1 The placing of a order or entry into this contract constitutes a warranty and representation by the Buyer that he or his agents have complied with and will comply with every applicable Statute Order-in-Council Regulation Direction Bye-Law or other lawful requirement whether of Government or Local or other lawful authority and in particular that the Buyer has lawfully obtained every licence permit or authority that may be required in connection with the installation sale repair or hire of the goods or services concerned.
8. AMENDMENTS TO OR CANCELLATION OF CONTRACT
8.1 Amendment or cancellation of any contract cannot be effected by the Buyer, except with the written consent of The Company.
8.2 The Buyer shall be responsible and shall pay for any goods, design-work, drawings, sub-contractor or supplier cancellations charges or expenses whatsoever incurred or expended by The Company up to the time of amendment or cancellation including any special purchases already made by The Company even though not delivered or used.
8.3 The Company reserves the right to delay delivery of goods until written instructions have been received and written agreement reached on the terms for such variation of goods or services to be supplied.
9. SUB CONTRACTING
9.1 The Company reserves the right to sub contract the fulfilment of the work or order goods or services or any part thereof.
10.1 The Company always tries to meet the delivery requirements of its customers.
10.2 If timing is important Buyers are well advised to consult The Company before ordering.
10.3 The Company estimate of a delivery or completion date is given in good faith but is not intended to bind the Company
10.4 In the event of loss or damage in transit or shortage of delivery, the Buyer shall notify The Company in writing within three days of receipt of goods.
10.5 In the case of loss of goods or failure of delivery, the Buyer shall lodge a written claim with The Company within seven days of the date of invoice.
10.6 Any carriage charges made by The Company's suppliers for special items may be passed on to the Buyer at The Company's discretion.
10.7 The Buyer shall ensure that The Company has full and free access from the place or area where delivery is to be made
10.8 The Buyer shall if necessary provide at his own cost the appropriate machinery for off-loading and moving any goods or equipment to fulfil said contracts.
10.7 Where delivery is made by The Company or its carrier beyond the entrance to the Buyers premises or site the Buyer shall accept all responsibility for and indemnify the company against all damage to property or injury to persons occurring from whatsoever cause on such premises unless caused by the negligence of The Company or its servants or agents.
11.1 The company undertakes to make good by repair or replacement at its sole discretion any goods found to be defective under proper use and in proper environment and which defects arise solely from faulty design, workmanship or materials and are accepted as such by The Company provided that the Buyer shall notify The Company in writing of the claimed defects within 28 days of delivery and shall return such goods or defective component parts thereof carriage paid forthwith to The Company's works.
11.2 The Company shall not be responsible for defects which arise from normal wear and tear or from incorrect installation by others or from abnormal conditions of operation from accident or misuse or neglect. Defects in respect of parts of the works to be performed or goods supplied shall not be a ground for cancellation of the remainder of the contract. After the said period of 28 days all liability on the part of The Company shall cease.
12.1 Subject to the clause hereof relating to defects, the Buyer shall not have the right to return goods supplied to the Buyers order without The Company's prior agreement to Sale or Return or The Company's written consent.
13.1 No goods sold by The Company may be re-sold or delivered outside Great Britain and Northern Ireland without first obtaining the written consent of The Company.
14. FORCE MAJEURE
14.1The Company will be under no liability if it is prevented from carrying out any obligation under its contract with the customer for any reason beyond its control including (but without limitation) Act of god, legislation, war, fire, drought, failure of power supply, lock out, strike or other action taken by employees in contemplation of furtherance of trade dispute or owing to any inability to procure materials or services required for the contract.
15. STORAGE OF CUSTOMERS GOODS
15.1 If for any reason the Buyer is unable to accept delivery of goods at the time the goods are due and are ready for delivery the company shall at its discretion store said goods,
15.2 Storage costs including insurance shall be charged to the Buyer and the goods will be stored at the Buyer's risk.
16. PRICE OF GOODS
16.1 The price quoted by The Company or comprised in any order or contract is based upon prices ruling at the time of quotation.
16.2 The Company reserves the right to alter the price to take full account of any variation after the date thereof that might occur in the costs of goods or materials or The Company's overheads or transport and any change in duty tax surcharge or levy of any kind whatsoever affecting the cost of goods or material.
17.1 All internet orders are paid at point of order
17.2 All other orders will require a deposit subject to the Company's discretion,
17.3 Also a suitable credit rating must be established and payment shall be strictly net and is payable at the end of the month following that in which the Goods are despatched
18. MINIMUM ORDER CHARGE
The Company has minimum order charge of £100
19. VALUE ADDED TAX
19.1 The price quoted by The Company is exclusive of VAT which shall be charged in addition at the rate appropriate at the relevant tax point.
20. DEFAULT IN PAYMENT
20.1 In the event of default in payment The Company shall have the right to suspend further deliveries or cancel out standing orders and will be entitled to claim against the Buyer for any loss or damage sustained in consequence of non-completion of the contract or order.
20.2 Interest on any overdue payment shall be charged on a day to day basis and at the rate of 4 percent above the bank of England base rate.
21.1 Notwithstanding delivery and passing of risk the Company will retain legal and equitable ownership of goods supplied to the Customer hereunder (“the Goods") until the Customer has paid:-
21.1.1 All sums due to the Company under this contract; and
21.1.2 All other sums owed by him/it to the Company under any other contract or otherwise
21.2 Until legal and equitable ownership of the Goods passes to the Customer he/it will:-
21.2.1 Retain possession of the Goods as bailee or fiduciary agent for the Company and keep them separate from other Goods and clearly identified as the property of the Company and
21.2.2 If so requested by the Company at his/its own expense, immediately redeliver the Goods to the Company or its order; and
21.2.3 At any time permit the Company it's servant's, agents, or assigns to enter any land, building or premises to examine and/or recover possession of the Goods or any part of them (by separating them from other Goods or equipment if needs be).
21.3 While the Company retains legal and equitable ownership of the Goods, the Customer shall be entitled:-
21.3.1 To use the Goods in the ordinary course of business; and
21.3.2 To sell the Goods (or any part of them); but such entitlements shall cease immediately prior to the Customer becoming bankrupt or being dissolved, (if a limited Company) going into liquidation, administration or receivership, or entering into any arrangement or composition with his/its creditors, or having any judgement entered against him/it, or having distress or execution levied against him/it's Goods, or purporting to deal with any of the Goods in any manner inconsistent with the Companies ownership thereof.
21.4 Where the Customer exercises his/it's rights under clause 21.3.2 he/it shall:-
21.4.1 Incorporate into the contract(s) of sale a statement to the effect that the Goods or part thereof being resold are the property of the Company and shall remain so until the requirements of clause 21.1 of this contract are met by the Customer,; and
21.4.2 Not incorporate into the contract(s) of sale any clause inconsistent with the terms of this contract; and
21.4.3 Not sell at an undervalue; and
21.4.4 Keep full and proper records of all sales and the proceeds thereof and permit the Company its servants, agents, or assigns to inspect and/or have copies of the same on request; and
21.4.5 Hold any money proceeds of such sale(s) on trust for the Company and in a separate clearly identifiable fund, and shall account for such proceeds to the Company on request; and
21.4.6 Hold any non-money proceeds of such sale(s) on trust for the Company and keep tangible proceeds stored separately and identified as the Company's property and fully protected and insured against any loss, and shall account for any such proceeds to the Company on request
21.5 While the Company retains legal and equitable title to the Goods the Customer shall:-
21.5.1 Have or effect suitable insurance covering the full value of the Goods and
21.5.2 In the event of any loss or damage to the Goods or any part of them make a claim under the policy of insurance and hold any proceeds of such claim on trust for the Company and in a separate and clearly identifiable fund, and shall account for such proceeds to the Company on request
21.6 The Customer will indemnify the Company fully in respect of any costs, charges, fees, or expenses incurred by the Company in connection with any steps taken by the Company to recover possession of any Goods or moneys pursuant to its right hereunder.
21.7 For the avoidance of any doubt it is hereby agreed and declared that it is not the intention of the parties that the foregoing provisions should operate to create a charge of any kind in favour of the Company over any assets(s) to the customer.
22.1 Where the Customer has delivered into the possession of the Company any property for any purpose and the Customer fails to pay an amount properly due to the Company in time the Customer hereby authorises the Company to retain or (at its election) sell the said property at the best price reasonably obtainable and to apply the net proceeds or sale to the discharge of the amount owed by the customer to the Company to account to the Customer for any balance remaining.
23.1 All products carry a twelve-month guaranteed against faulty workmanship or materials.
23.2 No goods will be accepted for return without prior agreement by email.
23.3 All goods are of satisfactory quality and that they comply with any specific description or specification supplied by the Company to the Buyer in writing.
23.4 The company gives no warranty that the goods are suitable for any particular purpose or for use under any specific conditions, unless the Company has given written details of the purpose or conditions and the Company has expressly warranted the goods' suitability in writing
23.5 Should the Company be asked to attend site to inspect possible damaged or unserviceable goods and upon inspection it is found that the company has not caused the problems then a call out charge (based on time and travel, min £100.00) will be levied.
24 LAW APPLICABLE
24.1These conditions shall be governed and construed in accordance with the laws of England and all disputes arising in connection therewith shall be submitted to the jurisdiction of the courts of England
1st January 2012