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These
pages contain information on the terms and conditions
for purchases from Antler Office Furniture.
Business Policies
All orders are subject to our full terms and conditions
(below). Nothing in these conditions affects your
statutory rights as a consumer.
Standard conditions of sale
1. Definitions
1.1 "Buyer" means the person who buys or agrees
to buy the Products from the Seller.
1.2 "Conditions" means the terms and conditions
of sale set out in this document and any special terms
and conditions agreed in writing by the Seller.
1.3 "Delivery date" means the date specified
by the Seller when the Products are to be delivered.
1.4 "Products" means those goods specified.
1.5 "Price" means the price for the Products
including carriage, packing and VAT.
1.6 "Seller" means Antler Office Furniture
Ltd.
1.7 "Consumer" shall bear the meaning ascribed
in section 12 Unfair Contract Terms Act 1977.
2. Conditions applicable
2.1 Nothing in these conditions shall affect
the buyer's statutory rights as a consumer.
2.2 The Seller shall sell and the Buyer shall
purchase the products in accordance with any written
quotation of the Seller which is accepted by the Buyer,
or any written or verbal order of the Buyer which
is accepted by the Seller including but not limited
to orders placed using the Seller's electronic online
ordering service, subject in any case to these conditions,
which shall govern the contract to the exclusion of
any other terms and conditions subject to which any
such quotation is accepted or purported to be accepted,
or any such order is made or is purported to be made,
by the Buyer.
2.3 Any typographical or clerical or other
error or omission in any sales literature, quotation,
price list, acceptance of offer, invoice or other
document or information issued by the Seller shall
be subject to correction without any liability on
the part of the Seller.
2.4 If any provision of these conditions is
adjudged invalid or unenforcable in whole or in part
the validity of the other provisions of these conditions
and the remainder of those provisions in question
shall not be affected.
2.5 If the Seller does not have sufficient
stock to be able to deliver the goods ordered by the
Buyer then any sum paid by the Buyer will be refunded
or re-credited to your account and the Seller will
notify you at the address given by you in your order
form. The refund will be made as soon as possible
and, in any event, within 30 days of your order and
the Seller will not be obliged to offer any compensation
for disappointment suffered.
3. The price and payment
3.1 Save as provided otherwise herein the Price
shall be that as stipulated in the Seller's published
price list current at the date of order of the Products.
Any event of any increase in the cost to the Seller
of raw materials, labour, overheads, or any increase
in taxes or duties, or any variation in exchange rate
the Seller may increase the Price payable under the
contract upon written notice. If notice of price increase
is given by the seller, 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 seller within seven days of delivery
of the notice of price increase to the buyer.
3.2 Payment of the Price shall be due at the
date of the order. Time for payment shall be of the
essence. If the Buyer does not pay the Price on notification
of shipment the Seller may bring an action for the
Price even though property in the Products has not
been passed to the Buyer. If the Buyer fails to make
payment as required the Seller may suspend delivery
of the Products or any further Products ordered until
payment is made in full.
3.3 Interest on overdue invoices shall accrue
from the date when payment becomes due from day to
day until the date of payment at the rate of 2% above
Barclays Bank Plc's base rate from time to time in
force and shall accrue at such a rate after as well
as before any judgement.
4. The products
4.1 The quantity and description of the Products
shall be set out in the Seller's quotation.
4.2 The Seller may make any changes in the
specification of the Products which do not materially
affect their quality or performance required to conform
with any applicable statutory requirements where the
Products are supplied to the Seller's specification.
4.3 Photographs are for illustrative purpose
only, and may not exactly match the product itself.
5. Warranties and liability
5.1 All goods supplied by the Seller come with
a manufacturer's warranty of at least 12 months.
5.2 The Seller shall provide the Buyer with
such information as is required to claim under the
manufacturer's warranties. In the event of a claim,
the Buyer shall in the first instance contact the
Seller's customer service department.
5.3 The Seller does not provide any warranty
cover against defects in his own right.
5.4 If the Buyer is dissatisfied with his purchase
for any reason he may, within fourteen days of delivery,
contact the Seller's customer service department to
arrange for collection of the goods at the Seller's
expense. Any money which you have paid will be refunded
within 30 days provided that the Seller receives the
goods in the same condition they were in at the time
of delivery to you. The Buyer's account shall then
be credited with the full purchase Price of the goods.
This credit may be used to buy items from the Seller's
online catalogue. It may alternatively be exchanged
for a refund.
5.5 Except where the Buyer acts as a Consumer
all other warranties, conditions and terms relating
to fitness for purpose, satisfactory quality or conditions
of the products whether implied by statute or common
law or otherwise are excluded to the fullest extent
of the law.
5.6 Insofar as is permitted by law, our only
liability to you under these terms and conditions
will be, at our sole discretion, to make good any
shortage or non-delivery, to replace or repair any
goods which are received by you in a damaged or defective
state or to refund to you any sums actually paid by
you for the goods in question. We will not be liable
to you for any indirect or consequential loss or damage
arising out of any problem you notify to us and will
have no liability to you for any failure or delay
in delivering goods or any damage or defect in goods
delivered which is caused by any event or circumstance
which is beyond our reasonable control. Nothing in
this Clause 5 affects your statutory rights as a consumer.
6. Delivery
6.1 Delivery of the products shall be made
by the Seller or his agent notifying the Buyer that
the products are available for collection at the Sellers
premises or for delivery to such place as the Buyer
may specify at the time the order is placed.
6.2 The Seller shall use his reasonable endeavours
to meet any date agreed for delivery.
6.3 In any event time of delivery shall not
be of the essence.
6.4 The Seller shall not be liable for any
delay in delivery howsoever caused.
6.5 In the case of goods purchased by credit
card, those goods can only be shipped to the credit
card holders address (in order to protect you, we
carry out extensive checks to ensure that your card
is not being used fraudulently) and must be signed
for on delivery.
6.6 Orders over £300 total value for delivery
to addresses within mainland UK are delivered free
of charge.
6.7 Delivery outside mainland UK and or of
orders with a total value under £300 do not include
free delivery. Such deliveries will be subject to
the delivery charge specified at the time of ordering.
7. Acceptance of the
products
7.1 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.
7.2 After acceptance the Buyer shall not be
entitled to reject Products which are not in accordance
with the contract.
8. Title and risk
8.1 Risk of damage to or loss of the Products
shall pass to the Buyer upon delivery.
8.2 Notwithstanding any other provision herein
title in the Products shall not pass to the Buyer
until the Seller has received in cash or clear funds
payment in full.
8.3 The Buyer shall not be entitled to pledge
or in any way charge by way of security for any indebtedness
any of the Products which remain the property of the
Seller, but if the Buyer does so all moneys owing
to the Seller shall (without prejudice to any other
right or remedy on the Seller) immediately become
due and payable.
9. Insolvency of buyer
9.1 This clause applies if:
9.1.1 The Buyer makes any voluntary arrangements
with its creditors or becomes subject to an administration
order or (being an individual or firm) becomes bankrupt,
or (being a company) goes into liquidation (otherwise
than for the purposes of amalgamation or reconstruction)
or
9.1.2 An encumbrancer takes possession, or
a receiver is appointed, of any of the property or
assets of the Buyer, or
9.1.3 The Buyer, not being a consumer, ceases,
or threatens to cease, to carry on business, or
9.1.4 The Seller reasonably apprehends that
any of the events mentioned above is about to occur
in relation to the Buyer and notifies the Buyer accordingly.
9.2 If the Clause applies, without prejudice
to any other right or remedy available to the Seller,
the Seller shall be entitled to cancel the contract
or suspend any further deliveries under the contract
without any liability to the Buyer, and if the Products
have been delivered but not paid for the Price shall
become immediately due and payable that despite any
previous arrangement or agreement to the contrary.
10. General
10.1 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 strikes, lock outs, accidents, war, fire,
reduction in or unavailability of power at the Seller's
premises or its manufacturing plant, 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.
10.2 Any notice required or permitted to be
given by either party to the other under the conditions
shall be in writing and in the case of notices to
the Seller, addressed to the Seller at its registered
office or in the case of notices to the Buyer, at
the Buyer's address as provided to the Seller.
11. Headings
11.1 The headings of the Clauses in these conditions
are intended for reference only and will not affect
the construction of these conditions.
11.2 Representations
No statement, description, warranty condition or recommendation
contained in any catalogue, price list or advertisement
or communication or made verbally by any of the Agents
or Employees of the Seller shall be construed to enlarge,
vary or override in any way thereof any of these conditions.
11.3 Additional costs
The Buyer agrees to pay for any loss or extra cost
incurred by the Seller through the Buyers instructions
or lack of instructions or through failure or delay
in taking delivery or through any acts or default
on the part of the Buyer, its servants, agents or
employees.
12. Proper law of contract
This Contract shall be governed by the law of England
and Wales and any dispute, question or remedy howsoever
arising determined exclusively by the Courts of England
and Wales.
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