STANDARD TERMS AND CONDITIONS

FOR SUPPLY OF GOODS & SERVICES

OF

1          DEFINITIONS

            In this document the following words shall have the following meanings:

1.1        "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;

1.2        "Customer" means any person who purchases Goods and Services from the Supplier;

1.3        "Goods" means the articles specified in the Proposal;

1.4        "Proposal" means a statement of work, quotation or other similar document describing the Goods and Services to be provided by the Supplier;

1.5        "Services" means the services specified in the Proposal;

1.6        "Supplier" means FURNITURE BY DESIGN of Unit 3, Burlingham Business Centre, Main Road, North Burlingham, Norwich, NR13 4TA;

1.7        "Terms and Conditions" means the terms and conditions of supply set out in this document and any special terms and conditions agreed in writing by the Supplier.

2          GENERAL

2.1        These Terms and Conditions shall apply to all contracts for the supply of Goods and Services by the Supplier to the Customer and shall prevail over any other documentation or communication from the Customer.

2.2        Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Supplier.

2.3        Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Supplier may be entitled in relation to the Goods and Services, by virtue of any statute, law or regulation.

3          THE ORDER

3.1        The Proposal attached to these Terms and Conditions shall remain valid for a period of 30 days.

3.2        The Customer shall be deemed to have accepted the Proposal by placing an order with the Supplier ("the Order") within the period specified in Clause 3.1.

 

3.4    at furniture by design we make furniture to a standard range and style, so therefore make from jigs, if however the customer wants us to make a piece of furniture to there requirments, namely a special,  we are not able to give refunds on those items.

However we are wiling to rectify any mistakes made in the making of specials.

drawerings will be made and both parties will sign the drawerings to reduce mistakes happening.

4          PRICE AND PAYMENT

4.1        The price for the Goods and Services is as specified in the Proposal and is inclusive of VAT and any applicable charges outlined in the Proposal.  

4.2        Payment of the price shall be in the manner specified in the Proposal.

4.3        If the Customer fails to make any payment when due, the Supplier shall be entitled to charge interest at the rate of 15% per month on the outstanding amounts.

4.4       Deposit to be agreed a time of placing order.  Balance strictly to be paid on delivery.   Kitchen to be paid in full on delivery except for standard installation charge of £500 which can be paid once installed.

5          DELIVERY

5.1        The date of delivery specified by the Supplier is an estimate only.  Time for delivery shall not be of the essence of the contract and the Supplier shall not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods.

5.2        All risk in the Goods shall pass to the Customer upon delivery.

6          TITLE

Title in the Goods shall not pass to the Customer until the Supplier has been paid in full for the Goods.

7          CUSTOMER'S OBLIGATIONS

            To enable the Supplier to perform its obligations the Customer shall:

7.1        co-operate with the Supplier;

7.2        provide the Supplier with any information reasonably required by the Supplier;

7.3        obtain all necessary permissions, licenses and consents which may be required before the commencement of the services, the cost of which shall be the sole responsibility of the Customer;

7.4      and  comply with such other requirements as may be set out in the Proposal or otherwise agreed between the parties.

8          SUPPLIER'S OBLIGATIONS

8.1        The Supplier warrants that the Goods will at the time of delivery correspond to the description given by the Supplier.  

8.2        The Supplier shall perform the Services with reasonable skill and care and to a reasonable standard in accordance with recognised standards and codes of practice.

8.3        The Supplier accepts all responsibility for the condition of tools and equipment used in the performance of the Services and shall ensure that any materials supplied shall be free of defects.

8.4        In addition to the Customer's statutory rights, the Supplier guarantees all Goods against faulty workmanship  for a period of  6 months from the date of delivery.

9          CANCELLATIONS AND REFUNDS

9.2        The Customer may cancel an Order by notifying the Supplier in writing at the address above within 7 days of placing an Order and any deposit paid will be refunded in full.

10         LIMITATION OF LIABILITY

10.1      Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury, however the Supplier shall not be liable for any direct loss or damage suffered by the Customer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price for the Goods and Services.

10.2      The Supplier shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Customer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.

10.3      For the avoidance of doubt, time shall not be of the essence and the Supplier shall incur no liability to the Customer in respect of any failure to complete the Services by any agreed completion date.

11         FORCE MAJEURE

            Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.

12         SEVERANCE

            If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.

13         GOVERNING LAW 

These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.