TERMS AND CONDITIONS OF SALE GENERAL
All quotations are provided, and any subsequent orders are accepted, by Connect Furniture, on these Terms and Conditions of Sale, which shall supersede and exclude any other terms stipulated or incorporated or referred to by the Buyer, irrespective of conditions specified in the Buyer’s official order. All orders placed by the Buyer will be deemed to have been made subject to these terms and will constitute a Contract. All orders must be placed in writing with the Buyer’s order number clearly stated. The ownership of goods shall remain with Connect Furniture until such time that payment has been received and cleared in full.
The price of the goods is set out in our quotations current at the date of your order. Connect Furniture will use every endeavour to execute the Contract at the price specified on receipt of a new order where this is in accordance with prices quoted by Connect Furniture. If the cost of the goods to Connect Furniture increases due to any factor beyond our control including but not limited to material costs, labour costs, alteration of exchange rates or duties, or changes to delivery rates Connect Furniture reserves the right to alter the price. Connect Furniture shall give the Buyer notice in writing of any alteration in price and such alterations shall become effective forthwith. If the Buyer is not prepared to accept any increase in price so notified, the Buyer shall have the right, to be exercised within fourteen days, of such notice by Connect Furniture, to cancel the undelivered portion of the goods sold under the Contract.
Cancellations or amendments cannot be accepted without Connect Furniture’s written consent and only on terms, which will indemnify Connect Furniture against loss. Where cancellation of an order is unavoidable the act of cancellation will automatically result in charges to the Buyer, commensurate with the cost incurred by Connect Furniture and the manufacturer contracted to complete the original order.
Unless otherwise stipulated by Connect Furniture the Goods are sold subject to payment against invoice. First orders are to be paid by Pro Forma invoice; subsequent orders to be paid 30 days from presentation of invoice, or in accordance with an agreed Contract. Connect Furniture shall reserve the right to claim a finance charge on all overdue accounts at the rate of 2% per month. All prices are subject to VAT at the prevailing rate. A credit account will be opened at the discretion of Connect Furniture.
INSPECTION OF GOODS:
The Buyer shall inspect the Goods immediately on delivery thereof and shall within three days of such delivery, give notice in writing to Connect Furniture of any matter or condition by reason whereof the Buyer may allege that the Goods are not in accordance with the order. If the Buyer shall fail to give such notice the Goods shall be deemed to be in all respects in accordance with the Terms and Conditions of Sale and the Buyer shall be deemed to have accepted the Goods accordingly. The Buyer will have no claim unless such notice is given.
PASSING OF RISK OF PROPERTY:
Risk of loss or Damage to the Goods shall pass to the Buyer at the time of delivery. The ownership of the Goods shall not pass to the Buyer until all sums from time to time owing by the Buyer to Connect Furniture have been paid, and until payment of all such sums, Connect Furniture shall remain the “Owner of the Goods’’. Such sums shall not be treated as paid until all cheques, bills of exchange or other instruments of payment given by the Buyer have been met on presentation or otherwise honoured in accordance with Connect Furniture terms. Connect Furniture will be entitled to sue for the whole of the price of any Goods supplied at any time after such instruments have become payable. The Buyer shall hold on trust for Connect Furniture all unpaid Goods remaining in the ownership of Connect Furniture. In consequence the Goods so held in trust cannot be sold to a third party without the expressed permission of Connect Furniture. If the Buyer defaults in the punctual payment of any sum owing to Connect Furniture then, Connect Furniture shall be entitled to the immediate return of all Goods sold by Connect Furniture to the Buyer or the right to collect the Goods without prior notice or warning to the Buyer (or the documents of title thereto) in which the property has not passed to the Buyer, and the Buyer hereby authorises Connect Furniture to recover the Goods or documents and to enter any premises of the Buyer for that purpose. A demand for or recovery of the Goods or documents by Connect Furniture shall not of itself discharge either the Buyer’s liability to pay the whole of the price and take delivery of the Goods or Connect Furniture right to sue for the whole of the price. For the avoidance of doubt all monies then outstanding shall be immediately due in respect of Goods already supplied notwithstanding any credit period mentioned in the payment terms referred to in this document.
All delivery dates are estimates only and the time of delivery shall not be of the essence of the Contract. All deliveries are made to a ground floor location during normal office hours unless previously arranged. Connect Furniture is not responsible for any loss of trade resulting from delays in the delivery schedule. Connect Furniture is not responsible for any loss of trade or subsequent expense resulting from delays in the delivery schedule nor shall any liability of the Buyer to Connect Furniture be diminished by reason of such Damage. Connect Furniture shall not be responsible for strikes, lockouts or force majeure.
Whilst Connect Furniture will endeavour to meet the Buyer’s delivery dates, Connect Furniture cannot be held responsible for delays caused by factors outside their control. Deliveries will normally be made between 9am and 5pm Monday to Friday. Deliveries required outside these hours will incur additional costs, which are necessitated by early loading or late return from the delivery site.
All orders are subject to a delivery date and the Buyers furniture will be stored at no additional cost up to this date. If the delivery date should change on more than one occasion Connect Furniture reserves the right to charge for storage three days after the delivery date has expired. A minimum of £100 per day thereafter.
The Contract shall be governed by and construed in accordance with English Law.