Terms and Conditions for sale of goods

Terms and Conditions for sale of goods 1. Definitions Buyer - the person who buys or agrees to buy the goods from the Seller. Conditions - the terms and conditions of sale as set out in this document and any special terms and conditions agreed in writing by the Seller. Goods - the articles which the Buyer agrees to buy from the Seller. Price - the price for the Goods, excluding VAT and any carriage, packaging and insurance costs. Seller - means Expressions Kitchens & Bedrooms Ltd of 2 Meltham Road,Lockwood Huddersfield, HD1 3TJ General These Terms and Conditions shall apply to sales of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions referred to, offered or relied on by the Buyer whether in negotiation or at any stage in the dealings between the parties, including any standard or printed terms tendered by the Buyer, unless the Buyer specifically states in writing, separately from such terms, that it wishes such terms to apply and this has been acknowledged by the Seller in writing. Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller. 2. Conditions 2.1 These Conditions shall form the basis of the contract between the Seller and the Buyer in relation to the sale of Goods, to the exclusion of all other terms and conditions including the Buyer’s standard conditions of purchase or any other conditions which the Buyer may purport to apply under any purchase order or confirmation of order or any other document. 2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods from the Seller pursuant to these Conditions. 2.3 Acceptance of delivery of the Goods shall be deemed to be conclusive evidence of the Buyer’s acceptance of these Conditions. 2.4 These Conditions may not be varied except by the written agreement of [a director of] the Seller. 2.5 These Conditions represent the whole of the agreement between the Seller and the Buyer. They supersede any other conditions previously issued. 3. Price The Price shall be the price quoted on the Seller’s confirmation of order. The Price is exclusive of VAT which shall be due at the rate in force on the date of the Seller’s invoice. 4. Payment and Interest 4.1 A deposit payment of approx 1/3 of the sales confirmation is required upon ordering. Final balance payments will be due on invoice on completion of works. Supply only Invoices must be paid and funds cleared before delivery date. 4.2 The Seller shall be entitled to charge interest on overdue invoices from the date when payment becomes due from day to day until the date of payment at a rate of 2 per cent per annum above the base rate of the Bank of England. 4.3 The Buyer shall pay all accounts in full and not exercise any rights of set-off or counter-claim against invoices submitted by the Seller. 5. Goods The quantity and description of the Goods shall be as set out in the Seller’s confirmation of order. 6. Warranties The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller in the confirmation of order. Expressions Ltd guarantee the installation of all its furniture for 25 years. Please note all appliances, furniture and accessories carry their own manufacturer’s warranty and guarantee. These are available upon request. 7. Delivery of the Goods 7.1 Delivery of the Goods shall be made to the Buyer’s address. The Buyer shall make all arrangements necessary to take delivery of the Goods on the day notified by the Seller for delivery. 7.2 The Seller undertakes to use its reasonable endeavours to despatch the Goods on an agreed delivery date, but does not guarantee to do so. Time of delivery shall not be of the essence of the contract. 7.3 The Seller shall not be liable to the Buyer for any loss or damage whether arising directly or indirectly from the late delivery or short delivery of the Goods. If short delivery does take place, the Buyer undertakes not to reject the Goods but to accept the Goods delivered as part performance of the contract. 7.4 If the Buyer fails to take delivery of the Goods on the agreed delivery date or, if no specific delivery date has been agreed, when the Goods are ready for despatch, the Seller shall be entitled to store and insure the Goods and to charge the Buyer the reasonable costs of so doing. 8. Acceptance of the Goods 8.1 The Buyer shall be deemed to have accepted the Goods after taking delivery. 8.2 The Buyer shall carry out a thorough inspection of the Goods within 48 hours of delivery, completion of works or collection and shall give written notification to the Seller within 5 working days of delivery of the Goods of any defects which a reasonable examination would have revealed. Any unwanted item to be returned must be unused, undamaged, and in the original packaging with all components and instructions. We must be notified within 48 hours of delivery, completion of works or collection. 8.3 Where the Buyer has accepted, or has been deemed to have accepted, the Goods the Buyer shall not be entitled to reject Goods which are not in accordance with the contract. 9. Title and risk 9.1 Risk shall pass on delivery of the Goods to the Buyer’s address. 9.2 Notwithstanding the earlier passing of risk, title in the Goods shall remain with the Seller and shall not pass to the Buyer until the amount due under the invoice for them (including interest and costs) has been paid in full. 9.3 Until title passes the Buyer shall hold the Goods as bailee for the Seller and shall store or mark them so that they can at all times be identified as the property of the Seller. 9.4 The Seller may at any time before title passes and without any liability to the Buyer: 9.4.1 repossess and dismantle and use or sell all or any of the Goods and by doing so terminate the Buyer’s right to use, sell or otherwise deal in them; and 9.4.2 for that purpose (or determining what if any Goods are held by the Buyer and inspecting them) enter any premises of or occupied by the Buyer. 9.5 The Seller may maintain an action for the price of any Goods notwithstanding that title in them has not passed to the Buyer. 10. Carriage of Goods Carriage charges will only apply to small orders and will be clearly stated on sales confirmation. 11. Relationship of Parties Nothing contained in these Terms and Conditions shall be construed as establishing or implying any partnership or joint venture between the parties and nothing in these Terms and Conditions shall be deemed to construe either of the parties as the agent of the other. 12. Exclusions Expressions is not responsible for any loss of use, loss of contract, loss of goodwill, loss of opportunity or other indirect or future consequential losses.