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Terms and Conditions (Trade)


ALL GOODS AND SERVICES SUPPLIED BY BEST CONTRACT FURNITURE ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS.

Definitions and Interpretation

In these terms and conditions;

"Company" means Best Contract Furniture (Company Reg 06630983)

"Buyer" means any person contracting to purchase any goods or services from the Company

"Contract" means any agreement between the Company and the Buyer for the sale or supply of goods to the buyer or for the performance of services for the buyer incorporating or deemed to incorporate these conditions.

"Goods" means any goods supplied or to be supplied to the Buyer by the Company under the Contract including any part or parts of them.

"Services," means any work, labour or services performed by the Company under the Contract.

"Conditions" means these terms and conditions.

General

The Company will accept verbal instructions as well as written orders for the supply of goods and services. It is appreciated that various members of the buyer's organization place such instructions and orders but it is not possible to acknowledge these instructions in writing within the time that the delivery is required or to issue individual written contracts for each order. It is therefore the buyers responsibility to ensure that each person who is authorized to place orders for the supply of goods or services is fully aware that in doing so they are binding the buyer to a contract, which is subject to these Conditions of Sale. If the buyer wishes to limit the number of people who can place instructions and orders with the Company he should send written notification of this fact to the Company.

Each instruction or order from the buyer constitutes a Contract. It is agreed between the buyer and the Company that the Conditions of sale shall not be varied except by agreement in writing between the Company and the buyer.

Subject to any variation under condition 2.4 all orders are accepted and contracts made between the Company and the Buyer under these Conditions to the exclusion of all other Terms and Conditions expressed or implied even if such Terms and Conditions are contained in a document which the buyer purports to apply under any purchase order, confirmation of order specification or other document produced by the buyer in which there are provisions which seek to provide that his terms and conditions prevail to the exclusion or take precedence over the Conditions.

No variation of the Conditions shall bind the Company unless expressly agreed in writing and signed by a Director on behalf of the Company.

Website, catalogues, price lists and other forms of advertising material are indications of the types of goods and services offered and the prices stated therein shall not be binding upon the Company.

A quotation does not constitute a contract. No contract shall come into existence until the Company despatches an acknowledgment of order to the Buyer and the Company has received payment for the order. Each order and its acceptance shall be treated as a separate contract.

A quotation given by the Company to the Buyer does not constitute an offer by the Company to supply the goods or perform the services.

Prices

The price for the goods quoted shall be exclusive of any packing, carriage, duties and Value Added Tax.

Quotations are valid for a period of thirty days after such time the Company reserves the right to re-quote the goods if not already accepted by the buyer.

The Company reserves the right to amend its prices at any time due to unforeseen circumstances and shall not be held liable for any increase between quotation and order and between order and delivery.

Prices quoted may be amended if the buyer subsequently changes his order and the amended order comprises only part of the order quoted for. The Company may refuse the amended order.

The price payable for the goods shall be the price as set out in the Company's current price list at the time of order. The current price list shall supersede all previous price lists.

A quotation given by the Company to the Buyer does not constitute an offer by the Company to supply the goods or perform the services.

No cash or trade discounts will be allowed unless expressly agreed in writing.

The Contract price for the supply of products shall be as set out in the confirmation. In the event of any increase in the cost to the Company of raw materials, labour, overheads, or any increase in taxes or duties, or any variation in exchange rate the Company may increase the price payable under the Contract upon written notice. If notice of price increase is given by the Company, the Buyer shall have the right to cancel the order and receive back any sums they have paid. Notice of cancellation must be received in writing by the Company within seven days of delivery of the notice of price increase to the Buyer.

Payment

Time for payment shall be of the essence.

The Company will confirm any order for goods in writing to the Buyer at which time the Buyer must return a signed copy confirmation together with his deposit within 5 working days of the date of the order.

No payment shall be deemed to have been received until the Company has received cleared funds.

All deliveries will be subject to the receipt of cleared funds prior to the proposed delivery date and the Company may refuse delivery if payment has not been made at that time.

If the buyer fails to pay the company any sum due under the contract then the Company may charge interest on the outstanding amount at the rate of 5% above Lloyds Bank base rate from the due date and accruing on a daily basis until such time as payment is made, whether before or after any judgement. The Company reserves the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.

All payments due under the contract shall be become payable immediately on its termination despite any other provision.

The Buyer shall make all payments due under the contract in full with no deductions whether by way of set-off, counterclaim, discount or charge-backs.

The Buyer agrees to reimburse the Company for any loss made as a result of making any deductions listed in clause 4.6.

If for some reason the Buyer is unable to take delivery once the goods are ready for despatch then payment shall become due in full at this time and the Company reserves the right to charge storage on the goods until such time as delivery is eventually made.

Delivery

Unless otherwise agreed with the Company in writing the Buyer shall take delivery on the dates specified by the Company for delivery.

Delivery at the Company's premises

Unless otherwise agreed the Buyer shall collect the goods within seven working days of notification by the Company that the goods are ready for collection.

Delivery to other premises

If the Buyer requires the goods to be delivered then the goods shall be delivered to the address specified by the Buyer in the order which unless otherwise agreed in writing must be a UK mainland address. If the Buyer ultimately wishes the goods to be delivered to a non UK address then he must specify a UK address for delivery by the Company. The buyer will be responsible for all onward carriage from the UK mainland address to the ultimate destination.

Any time or dates for delivery given by the Company to the Buyer are intended to be an estimate only. The Company shall not be liable for any loss or damage howsoever arising by reason of any failure on the part of the Company to deliver at the time or date stated and accordingly time for delivery shall not be of the essence of the Contract unless the Company expressly agrees in writing. Whilst the Company shall make every effort to deliver within the specified delivery period no liability can be accepted for delays arising from its suppliers or manufacturers own delivery schedules which may be subject to variation beyond the Company's control therefore the default 30 days for contract performance under the United Kingdoms Distance Selling Regulations shall not apply.

If no delivery dates are specified delivery shall be within a reasonable time of the acknowledgement of the order by the Company (normally 4-6 weeks) unless there are exceptional circumstances.

The Company shall have the right to deliver the goods in instalments unless otherwise agree in writing and the Buyer shall be obliged to accept the delivery in instalments.

If the goods are being delivered in instalments the following shall apply:

Each delivery shall be deemed to be the subject of a separate contract and no cancellation or termination of any one contract relating to an instalment shall entitle the Buyer to repudiate any other contract or instalment to which these conditions shall apply.

Any delay in a delivery shall not entitle the buyer to reject any subsequent delivery.

If delivering by instalments the Company shall have the right to make good in subsequent instalments any shortfall in the amount of goods delivered from a previous delivery.

If delivering by instalments the Company reserves the right to withhold subsequent deliveries until earlier deliveries have been paid for in full by the Buyer.

All standard deliveries are made by a sole driver and whilst the driver may assist in unloading the vehicle he will not be responsible for lifting or carrying the goods into the Buyer's premises. The Buyer shall provide at the delivery point sufficient labour and appropriate equipment for unloading the goods at the Buyer's expense.

By written agreement the Company may provide additional labour at a rate of £12 per hour per member of staff provided. The hours worked will be calculated from the time the member of staff leaves the Company's premises until such time as they return.

Subject to the other provisions of these conditions the Company shall not be liable for any direct, indirect or consequential loss (all of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods (even if caused by the Company's negligence), nor shall any delay entitle the Buyer to terminate or rescind the Contract unless such delay exceeds 180 days.

If for any reason the Buyer fails to accept delivery of any of the Goods when they are ready for delivery, or the Company is unable to deliver the Goods on time because the Buyer has not provided appropriate instructions, documents, licences or authorisations then on the first occurrence of any of these eventualities:

The Company may store the Goods until delivery, whereupon the Buyer shall be liable for all related costs and expenses (including, without limitation, storage and insurance).

Risk in the Goods shall pass to the Buyer (including for loss or damage caused by the Company's negligence).

The Goods shall be deemed to have been delivered.

Where a delivery date has been agreed but the Buyer is not present to receive the delivery, the Company reserves the right to charge the Buyer the cost of the failed delivery.

The Company will not be held responsible should the Buyer decide to dispose of their existing furniture prior to their delivery.

Non Delivery

The Company shall not be liable for any non-delivery of Goods (even if caused by the Company's negligence) unless the Buyer gives written notice to the Company of the non-delivery within 3 working days of the date when the Goods would in the ordinary course of events have been received.

The quantity of any consignment of Goods as recorded by the Company upon despatch from the Company's place of business shall be conclusive evidence of the quantity received by the Buyer on delivery unless the Buyer can provide conclusive evidence proving the contrary.

Any liability of the Company for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or issuing a credit note at the pro-rata rate against any invoice raised for such Goods.

If the Company is not able to supply the product and payment has already been made by the Buyer, then following agreement between the Company and the Buyer, the Buyer's account will be refunded or re-credited with the sum paid by the Buyer. The refund will be carried out as soon as possible, in any event, within 30 days of the order. The Company will not be obliged to offer any compensation for disappointment suffered.

Title / Ownership of Goods Supplied

Until the purchase price for the goods supplied by the Company under this or any other Contract and all other sums due to the Company from the Buyer on any account whatsoever shall have been paid or satisfied in full the following terms are agreed:

The goods supplied to the buyer by the Company shall remain the property of the Company (notwithstanding the delivery of the same and the passing of the risk therein).

The Company may at any time recover and resell such goods supplied (in the Buyer's possession) if the Buyer shall be in breach of any of the Terms and Conditions or if any payment owed by the Buyer to the Company on any account is overdue or if the Company considers the amount outstanding from the Buyer on the general statement of account between the parties is in excess of the credit limit that the Company is willing to accord to the Buyer for this purpose the Company and its servants or agents together with appropriate transport may enter upon the Buyer's or such other premises upon which the goods are stored. If the Company recovers and resells goods to meet the terms of this or any other Contract it shall only be entitled to do so up to the limit of any outstanding sums on the account and the additional expenses of selling, storing and distributing the recovered goods.

The Buyer shall possess all goods supplied under these contractual terms on a fiduciary basis only and shall store such goods for the Company in a proper manner without charge to the Company and in such a manner that they are identified as belonging to the Company. The Buyer shall not destroy, deface or obscure any identifying mark or packaging on or relating to the product.

The Buyer shall have the right to dispose of goods supplied in the ordinary course of his business for the Company's account, and to pass good title in the goods to his customer being a bona-fida purchaser for value without notice of the Company's rights but his rights of re-sale shall automatically cease upon being in breach of any of these Terms and Conditions. In the event of any such disposal the Company shall be entitled to and the Buyer shall be under a fiduciary duty to account to the Company for the proceeds of sale but may retain therefrom any excess over the amount outstanding under this or any other contract or owing to the Company on any other account. In addition the Company may be entitled to make a claim directly against the Buyer's customer for any purchase monies unpaid by such customer provided that the Company shall return to the Buyer any monies recovered in excess of the amount then owed by the Buyer to the Company (the Company being entitled to deduct from such excess the costs and expenses incurred in making such a claim).

The Buyer shall maintain the Goods in satisfactory condition and keep them insured on the Company's behalf for their full price against all risks to the reasonable satisfaction of the Company. On request the Buyer shall promptly produce the policy of insurance to the Company.

The Buyer's right to possession of the goods shall terminate immediately in the event of the following:

The Buyer convenes a meeting of creditors (whether formal or informal), or enters into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or has a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or documents are filed with the court for the appointment of an administrator of the Buyer or notice of intention to appoint an administrator is given by the Buyer or its directors or by a qualifying floating charge holder (as defined in paragraph 14 of Schedule B1 to the Insolvency Act 1986), or a resolution is passed or a petition presented to any court for the winding up of the Buyer or for the granting of an administration order in respect of the Buyer, or any proceedings are commenced relating to the insolvency or possible insolvency of the Buyer.

The Buyer suffers or allows any execution, whether legal or equitable, to be levied on its property or obtained against it, or fails to observe or perform any of its obligations under the Contract or any other contract between the Company and the Buyer, or is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or the Buyer ceases to trade.

The Buyer encumbers or in any way charges any of the Goods.

The Company shall be entitled to recover payment for the Goods notwithstanding that ownership of any of goods has not passed from the Company.

The Buyer grants the Company, its agents and employees an irrevocable licence at any time to enter any premises where the Goods are or may be stored in order to inspect them, or, where the Buyer's right to possession has terminated, to recover them.

Where the Company is unable to determine whether any Goods are the goods in respect of which the Buyer's right to possession has terminated, the Buyer shall be deemed to have sold all goods of the kind sold by the Company to the buyer in the order in which they were invoiced to the Buyer.

On termination of the Contract, howsoever caused, the Company's (but not the Buyer's) rights contained in this condition 7 shall remain in effect.

Quality

Where the Goods are not manufactured by the Company, the Company shall endeavour to pass on to the Buyer any benefit of warranty or guarantee that the Company may receive from its supplier.

The Company warrants that the goods supplied shall upon delivery and for a period of 12 months from the date of delivery:

The Company shall not be liable for a breach of any of the warranties in condition 8.2 unless:

The Company shall not be liable for a breach of any of the warranties in condition 8.2 if:

The defect arises as a result of fair wear and tear, willful damage, negligence, misuse, abnormal working conditions or

Subject to condition 8.3 and condition 8.4, if any of the Goods do not conform with any of the warranties in condition 8.2 the Company shall at its option repair or replace such Goods (or the defective part) or refund the price of such Goods at the pro rata Contract rate provided that, if the Company so requests, the Buyer shall, at the Company's expense, return the Goods or the part of such goods which are defective to the Company

If the Company complies with condition 8.5 it shall have no further liability for a breach of any of the warranties in condition 8.2 in respect of such Goods.

Any Goods replaced shall belong to the Company and any repaired or replacement Goods shall be guaranteed on these terms for the unexpired portion of the 12 month period.

Colour Matching

When requested we strive to colour match to a customers specification. However we would point out the following:

Tables and chairs may be made from a composite of natural and man made materials which can occasionally respond differently to a single stain.

Tables may be made from a different timber to the chairs eg tabletops mdf and chairs beech. These materials will absorb stains differently, making an exact colour match impossible.

Table tops may also have different materials to the legs. For example table tops may be made of MDF and the legs of Beech.

Depending on how products and materials are used (Vertically or horizontally) the lustre and finish may be effected.

Due to the extent of the varibles stated above we are unable to accept responsibility for differences in colour matching between different component surfaces.

Right of Cancellation

The Buyer has no right to cancel or postpone any contract made under these terms and conditions after the Company has issued its order acknowledgement except with the agreement in writing by the Company.

If the Buyer purports to do so (without prejudice to any other rights of the Company in connection with such purported cancellation or postponement) the Buyer shall compensate the Company for all costs charges and expenses incurred by the Company, including loss of profit by reason of such cancellation or postponement.

The Company shall be entitled to cancel any Contract if one or more of the Goods ordered by the Buyer was listed at an incorrect price due to a typographical error or an error in the pricing confirmation received from the Company's suppliers. In the event of such cancellation the Company shall immediately inform the Buyer in writing and shall refund the Buyer any deposit or payment made.

The Company will not be obliged to offer any additional compensation for disappointment suffered.

The Seller reserves the right to cancel the Contract prior to delivery of the Goods upon giving written notice to the Buyer and the repayment of any monies paid by the Buyer under the Contract.

Force Majeure

The Company shall not be liable or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform any of the Company's obligations relating to the Contract, if the delay or failure was due to any cause beyond the Company's reasonable control including, without limitation:

Acceptance of the Product(s)

Other than where the Buyer acts as a Consumer, the Buyer shall be deemed to have accepted the Products 5 working days after delivery to the Buyer.

After acceptance the Buyer shall not be entitled to reject Products which are not in accordance with the Contract.

All Second-hand, Used or Refurbished goods are sold as seen all measurements given are as a guide only and should not be relied upon.

Data protection

The Company will take all reasonable precautions to keep the details of the Buyer's order and payment secure but unless the Company is negligent, the Company will not be liable for unauthorized access to information supplied by the Buyer.

Complaints and disputes

If the Buyer has a complaint about the Goods or service, the Buyer should contact the Company by:

The Company will try to respond in writing to the Buyer's complaint within 14 working days of receiving it.

Third Party Rights

The parties to this Contract do not intend that any term of this Contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.

Severance

If any provision of the Contract (or part of a provision) is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.

If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.

Patents, Registered Trade Marks, Registered Designs, Trade Names and Copyright

If any goods are to manufactured or any process is to be applied to the goods by the Company in accordance with a specification submitted by the Buyer, the Buyer shall indemnify the Company against all loss, damages, costs and expenses awarded against or incurred by the Company in connection with or paid or agreed to be paid by the Company in settlement of any claim for infringement of any patent, copyright, design, trademark or other industrial or intellectual property rights of any other person which results from the Company's use of the Buyers specification.

Right to Vary these Terms and Conditions

The Company has the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting the Company's business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements.

The Buyer will be subject to the policies and terms and conditions in force at the time that it orders products from the Company unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by the Buyer), or if the Company notifies the Buyer of the change to those policies or these terms and conditions before the Company sends to the Buyer a written acknowledgement of order (in which case the Company has the right to assume that the Buyer has accepted the change to the terms and conditions, unless the Buyer notifies the Company to the contrary within seven working days of receipt by the Buyer of the Goods).

Governing Law

The Contract shall be governed by the law of England and Wales and any dispute, question or remedy however-so arising determined exclusively by the Courts of England and Wales.

By placing an order with Best Contract Furniture you agree to be bound by the above Terms and Conditions.

Disclaimer: All information and advice on this website is provided in good faith. The Company cannot be held liable for any inaccuracies or losses incurred should you act upon this information or advice.

Best Developments Ltd T/A Best Contract Furniture, Company Registration Number: 06630983, VAT No: GB 156 8052 01
©Best Contract Furniture, CWG House, Gallamore Lane, Market Rasen, Lincolnshire LN8 3HA

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