Under the terms and conditions of sale set out below:
a) The Company means Floorstyle Ltd
b) The Buyer means the corporation, firm, company, institute, person or persons to whom a quotation is made or to whom goods are sold by the Company and the Buyer is only the fiduciary owner on behalf of the seller until property of the goods has passed to the buyer.
c) Goods mean products sold by the Company.
Any order accepted by the Company, whether or not it is based on, or results from this, or any other quotation or tender by the Company is deemed to incorporate these terms and conditions. No variation or modification of these terms and conditions (even if included in or referred to in the document placing the order) shall be binding on the Company unless specifically accepted by the Company in writing.
3. Validity of Quotation
Unless previously amended or withdrawn, the Company’s quotation is open for acceptance for the period stated, or where no period is stated, for 7 days after the date of quotation. The Company’s quotation is not an offer, but merely an invitation to the Buyer to make an order for goods under the terms and conditions of the quotation.
4. Confirmation of Orders
Orders accepted by the Company may not be cancelled under any circumstances, unless agreed in writing by the Company. Cancellation of goods ordered to the Buyer’s own specification will not be accepted. Order by telephone or other electronic communication is accepted, only at sender’s risk and subject to these conditions. They should always be confirmed in writing or by e-mail.
5. Returned Goods
Goods, once dispatched may not be returned without the Company’s consent in writing or e-mail. In any event, where such consent is given, a re-stocking charge of 20% of the price of the goods will be made. Goods returned must be adequately identified and packed and sent carriage paid and must be received in the same perfect condition as at the date of dispatch from the Company’s warehouse.
The Companies goods are tested or examined before dispatch, but are supplied without any warranty, condition or guarantee expressed or implied that they are suitable for use under any special conditions or for any particular purpose. The Company will, however, replace goods in which defects are evident, under proper use and appear within three calendar months of purchase, provided that acceptable proof of purchase is rendered and any defective goods are promptly returned, at no cost to the Company, to the Company’s address. Where goods require colour matching, the Company will not be held liable for colour variance when not purchased from the same batch.
The provisions of Section 12 of the Sale of Goods Act 1893 is amended by the Supply of Goods (Implied Terms) Act 1973 shall apply to this contract.
Prices are subject to alteration or withdrawal without notice. Orders can only be accepted, subject to the condition that goods will be invoiced at prices ruling on dispatch from the warehouse, unless others stated on an official quotation of the Company. Unless otherwise stated, prices are excluding VAT.
See separate delivery terms.
9. Property in the Goods
The property of the goods delivered under this contract shall not pass to the Buyer until payment is received in full.
Risk shall pass when the goods are delivered to the Buyer.
Liability for full payment for goods shall arise on delivery or collection.
Credit account customer payments shall be due not later than the end of the month following the month of invoice and any discounts specified on our quotation shall relate only to payments received. We reserve the right to charge on overdue accounts at a rate of 2% per annum above the Bank of England Minimum Lending Rate ruling at the time payment is due. If payment is not made on the due date, or the buyer is in default as regards to payment under this, or any other contract with the Company, the Company reserve the right to:
a) suspend deliveries under the contract for as long as the default continues
b) serve notice on the Buyer that if sums due under this or any other contract are not paid within 14 days they will cancel this contract and if payment be not made in that time, the Company may regard this contract as repudiated and deem all unpaid for goods in the possession of the Buyer, the property of the Company who shall re-deliver to the Company at the Buyer’s risk and expense.
12. Assignment of Contracts
In the event of the Buyer entering into liquidation whether compulsory or voluntary (except for the purpose of reconstruction or amalgamation) or if the Buyer shall become subject to bankruptcy laws or make any assignment, agreement or composition with his creditors, the Company may declare the contract cancelled without prejudice to any other right which it may have and take steps to recoup any losses
13. Law Applicable
Any contract subsisting between the Company and the Buyer shall be construed in all respects in accordance with the Laws of England and Wales and unless otherwise arranged is subject to the jurisdiction of the English Courts.
Clerical errors and omissions are subject to correction without notice.
15. Damage or Shortage
a) Where goods are delivered by outside carriers, damage or part loss claims will not be considered unless carriers and the Company is notified in writing within three days from the date of delivery.
b) Where goods are delivered by the Company and a receipt of delivery not signed by the customer is received, the goods will be deemed to have been examined and therefore no claim for damage or loss can be considered by the Company.
c) The Buyer may not exclude this provision whether by marking his signature ‘unexamined’ or by failing to return the signed delivery note or otherwise.
16. Floorstyle shall not be liable for damage to customer vehicles as a result of loading products where assistance is required.