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Trade Account Terms and Conditions

Terms and Conditions

1
(a) These trading terms are applicable to all transactions (the "Contract") that are entered into between Furnishings UK Ltd ("the Company") and its trade customers (the "Customer") to the exclusion of any other terms that the Customer seeks to impose or incorporate or which are implied by trade, custom, practice or course of dealing. The order constitutes an offer by the Customer to purchase goods contained in the Contract (the "Goods") in accordance with these conditions.
(b) The Company will not accept any order from the Customer until the order is in writing and confirmed by the Company's authorised representative, or placed directly on the company's website, at which point the Contract shall come into existence.
(c) Upon a trade contract commencing between (the company) and (the customer), the customer is required to advertise the company's logo and details as an official supplier to the customer, this can be either on the customer's website and or in publications. The company reserves the right to cancel any contract with the customer if this clause is not put into effect within one calendar month of the trade account being opened.
2
(a) The price of the Goods shall be the price on our trade specific website. These prices can only be viewed using trade account login.
(b) Prices are subject to revision in the event of any occurrence beyond the Company's control which involves an increase in cost between the date of quotation by the Company and the date of delivery.
3
(a) Delivery times are approximate and time for delivery shall not be of the essence. Any circumstances whatsoever completely beyond the Company's control or the Customer's fault that makes it impossible for the Company to fulfil its obligations with regard to delivery dates are not circumstances entitling the Customer to cancel the Contract. The Company will not be responsible for the reimbursement of costs, consequential loss or damages of any nature whatsoever that are incurred by delays or late delivery.
(b) The risk in Goods sold ex Warehouse or C and F passes to the Customer as soon as the Goods leave the Company's warehouse. In Goods sold FOB risk passes to the Customer when delivered to the shipper and in Goods sold CIF when delivery to the Customer's premises or those of his appointed agent.
4
(a) Title to the Goods shall not pass to the Customer until the Company has received payment in full (in cash or cleared funds) for:
  1. the Goods
  2. any other goods or services that the Company has supplied to the Customer
(b) Without prejudice to any other remedy available to the Company by reason of any loss suffered by it, the Customer shall
  1. Hold the Goods on a fiduciary basis as the Company's bailee.
  2. Store the Goods separately from all other goods held by the Customer so that they remain readily identifiable as the Company's property.
  3. Not remove, deface or obscure any identifying mark or packaging on or relating to the Goods.
  4. Maintain the Goods in a satisfactory condition and keep them insured against all risks for their full price from the date of delivery.
  5. Notify the Company immediately if it becomes subject to any of the events list in clause 9 below.
  6. Give the Company such information relating to the Goods as the Company may require from time to time.
But the Customer may resell or use the Goods in the ordinary course of business.
(c) Until such time as title in the Goods passes to the Customer (and provided that the Goods are in existence and have not been resold), the Company or its agent may at any time require the Customer to deliver up the Goods to the Company and, if the Customer fails to do so forthwith, enter on any premises of the Customer or any third party where the Goods are stored and repossess the Goods.
5
(a) Terms of payment are that the price of Goods is payable at the time of the order in full. Payment methods are either pay pal or card payment
(b ) If the Customer fails to make any payment on an order, without limiting any other right or remedy available to the Company, the Company may:
  1. Cancel the Contract or suspend any further orders or deliveries.
  2. Appropriate any payment made by the Customer to such of the Goods (or the goods supplied under any other contract between the Customer and the Company) as the Company may think fit.
6
If the Customer inspects the goods before purchasing them, any defects in such goods which ought reasonably to have been apparent on inspection will be deemed to have been brought to the Customer's attention and the Company accepts no liability whatsoever in respect of any such defects. In respect of any other defects (whether or not inspection has taken place) the Company's liability shall be limited to a cancellation of the Contract and return of the goods at the Company's expense and refund of any monies paid by the Customer to the Company, or (at the option of the Company) replacement at the Company's expense of the defective goods.
7
If any goods in respect of which the Company is bearing the risk until receipt of the Customer shall be destroyed or damaged in transit to the Customer, the Customer shall still be responsible for paying the full price in respect of the goods to the Company unless the Company shall receive from the Customer notification in writing within 7 days of the delivery.
8
If any goods in respect of which the Company is bearing the risk until receipt of the Customer shall be destroyed or damaged in transit to the Customer, the Customer shall still be responsible for paying the full price in respect of the goods to the Company unless the Company shall receive from the Customer notification in writing within 7 days of the delivery.
9
(a) In respect of goods to be returned by the customer back to the company when said goods are not defective then all return costs are bearable by the customer & a restocking fee of 25% of the total value of said goods will apply.
(b)Defective goods are classed as damaged goods, goods that show colour variances than that shown either in person or online are not classed as defective.
10
(a) This clause 10 applies on the insolvency of the Customer, if:
  1. The Customer makes a composition or voluntary arrangement with its creditors or (being an individual or firm) becomes bankrupt or (being a company) enters administration or goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction), or a moratorium comes into force in respect of the Customer (within the meaning of the Insolvency Act 1986).
  2. An encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Customer.
  3. The Customer ceases, or threatens to cease, to carry on business.
  4. The Company reasonably apprehends that any of the events mentioned above is about to occur in relation to the Customer and notifies the Customer accordingly.
(b) If this clause 9 applies then, without limiting any other right or remedy available to the Company, the Company may cancel the Contract or suspend any further deliveries under the Contract without any liability to the Customer, and if the Goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
11
(a) Nothing in these Conditions shall limit or exclude the Company's liability for:
  1. Death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable).
  2. Fraud or fraudulent misrepresentation.
  3. Breach of the terms implied by section 12 of the Sale of Goods Act 1979.
  4. Defective products under the Consumer Protection Act 1987.
(b) Subject to clause
12
(a) 1. The Company shall under no circumstances whatever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract.
2. The Company's total liability to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Goods under the Contract.
13
The Customer may not assign, transfer, charge, subcontract all or any of its rights or obligations under the Contract without the prior written consent of the Company.
14
A person who is not party to the Contract shall not have any rights under or in connection with it.
15
All agreements between the Company and the Customer shall be governed by English Law.
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Vinyl Flooring UK
94 Garnett Street Bradford, West Yorkshire BD3 9HB
Phone: 01138 879393