Terms & Conditions
1. General
(1) All goods are sold by Tough Furniture Ltd. (“The Company“) under these terms and conditions only and no document of the Buyer or any other terms shall affect or contradict them unless agreed in writing by a director of the Company, who is the sole authority competent to do so. The placing of an order by any private individual or authorised officer of any organisation (“The Buyer”) shall be deemed to be an acceptance of these terms and conditions (2) Orders are only deemed accepted once the Company has received the official order document of any
organisation and/ or of the signed acceptance by any individual of the Company’s written quotation and in either case the Company has acknowledge acceptance of such order in writing. (3) An order once placed is non-cancellable by the Buyer and the Company is under no obligation to accept any cancellation. Without prejudice to this statement the Company may at it’s discretion accept cancellation (or variation) of an order providing it is indemnified for all reasonable costs and expenses incurred prior to cancellation, up to and including the full
quoted price. In cases where an order is cancelled after delivery, in the absence of any damage to or fault with the items, and the Buyer requests collection and disposal of the unwanted items, the Company will apply a re-stocking fee of 30% of the quoted price. (4) Without prejudice to the effect or the operation of any other clause herein contained the aggregate liability of the Company to the Buyer for any loss or damage of whatsoever nature arising out of any breaches of the contract shall be limited to and shall not exceed a sum equal to the
total price of the goods. (5) Any failure by the Company to enforce any or all of these terms and conditions shall not amount to or be interpreted as a waiver of the Company’s rights. (6) If any part of these terms and conditions shall be held to be invalid it shall not affect the validity of the remaining terms and conditions. (7) The Buyer agrees to accept electronic communication from the Company (the same being deemed to be ‘in writing’) which may include marketing material, subject to the safeguards of the Company’s Privacy Policy as published on its website. If you wish to opt out of receiving marketing material, please inform us in writing or by electronic mail.
2. Description
(1) The Company’s policy is one of continuous improvement and it reserves the right to alter specifications of any item without priornotice. (2) Every care is taken with the accuracy of the Company’s sales literature, samples and other representations but these are intended as general representations for guidance purposes only. (3) Dimensions given are nominal ones within both normal trade tolerances and those of imperial/metric conversion. (4) Solid timber will exhibit variations of colour, grain and character normal for the species concerned and this is no defect. (5) The reproduction of colours in sales literature is subject to the limitations of printing and photographic processes and in ordering the Buyer recognises and accepts this, variation being no defect. In case of doubt actual coloured material samples can be supplied on request. (6) Goods are not tested or sold as fit for any particular purpose, and any term, warranty or condition express, implied or statutory to the contrary is excluded to the fullest extent permitted by law. It is recommended that the Buyer satisfies him/herself of the suitability of the goods for their particular requirements. (7) Where the Company sells to the Buyer any goods manufactured by a third party (“the Supplier”) any restrictions or limitations of liability in respect of those goods by the Supplier remains in force; likewise the benefit of any warranty offered by the Suppliers may be transferred to the Buyer by the
Company where possible.
3. Delivery
(1) All delivery times are given by the Company in good faith and while every effort is made to comply with them delivery dates quoted or agreed shall not be of the essence of the contract unless otherwise agreed in writing by the Company. (2) If, at or before an agreed delivery date, the Buyer wishes to defer or delay delivery beyond a period of two weeks from the agreed date the Company reserves the right to charge storage fees until delivery is made at reasonable commercial rates prevailing locally, and to invoice for payment of the goods at the agreed
date, payment to be made at due date irrespective of delivery. (3) The Company makes a charge for carriage over and above the price of the goods which is specified on quotation. In the case of a “working driver only” arrangement the Buyer agrees to provide such labour as required to assist the Company’s delivery driver to unload the goods in one
location and accepts all liabilities therein. Alternatively the Buyer may specify and pay for “delivery to rooms” to be provided by the Company’s agents. (4) In all instances the Buyer must accept responsibility for ensuring that means of access within and without a building are adequate for the goods ordered, or of notifying the Company in advance or seeking advice if in doubt. Furthermore, the Buyer must also accept responsibility for providing a safe environment for deliveries to take place, including management of any challenging behaviours displayed by the intended end users of Tough Furniture products. For the avoidance of any doubt, Tough Furniture delivery drivers are instructed to refuse delivery in any situation where they perceive a clear threat to their physical safety. The Company therefore reserves the right to make an additional charge to cover any expenses whatsoever incurred in effecting re-delivery
following the failure of a delivery for safety or access reasons.
4.Installation Projects
(1) All prices stated on Provisional Quotes are estimated prices only, and are subject to any increase necessary following full site survey carried out by Tough Furniture or an appointed representative. (2) All prices stated on both Provisional and Final Quotations are strictly for the provision of goods and services as specified in the Buyer’s original tender/quotation request. Tough Furniture reserve the right to alter final pricing in the event of any significant change to specifications of goods, or terms of service provision. (3) All installation/anti-pick pricing is based on a daily rate, and assumes unlimited access to site for a full working day. Any restrictions of access, site shutdowns or other limitations
placed on carrying out installation may result in extra Daily Rate charges.
5. Payment
(1) Prices are quoted net of VAT which must be added at the prevailing rate. (2) Payment is due 30 days from date of invoice for government and public authorities and national charities, and other organisations or limited companies subject to satisfactory references. For private buyers payment is due on delivery. (3) Payments by unsecured credit cards incur a
3% processing charge. (4) The Company reserves the right to charge interest on late payment at the rate of 2% above the base rate of HSBC Midland Bank Plc.
6. Disputes
(1) If any delivery of goods is deemed by the Buyer to be defective in materials or workmanship, or in any other way unacceptable or unsatisfactory, the Buyer must notify the Company in writing within seven days of delivery date, thereafter no liability will be accepted. (2) Subject to this notification the Company will at it’s absolute discretion replace or repair any goods that it is satisfied were defective at the time of delivery. (3) In the event of goods being notified as defective on delivery the Buyer agrees to allow the Company reasonable time to make inspection and replacement/repair of the goods and not to use the goods in the meanwhile. (4) In the event of defect or dispute in respect of any one part of an order the Buyer shall not be entitled to withhold payment after due date in respect of any other part of that order or of other orders.
7. Risk & Title
(1) Risk in the goods passes to the Buyer on delivery. (2) Title to the goods remains with the Company until payment in full is made. Tel: 01588 674 340 Fax: 01588 674 341 [email protected] www.toughfurniture.com
8. Force Majeure
(1) The Company shall not be held liable for any delay or failure to carry out its obligations under the contract of sale if such delay or, failure is partly or wholly by reason of Act of God, war, hostilities, civil disturbance, government restriction or regulation, strikes or industrial disputes, force majeure or any other cause whatsoever which is reasonably beyond the Company’s control. (2) If the Company fails to make due delivery or makes late or short delivery for any reason not set out in sub-clause 7 (1) above its liability to the Buyer for damages in respect of any loss or expense of whatsoever nature thereby occasioned shall be limited to and not exceed a sum equivalent to the price of the goods in respect of which default has been made. (3) The foregoing provisions of this clause are without prejudice to the rights of the Company to recover payment for any goods that have already been invoiced.
9. Law Applicable
All contracts shall be deemed to be made in England and shall be governed and contrived in accordance with English law.
