Terms & Conditions

Furnished Homes (Underley Furnishings Ltd) Terms and conditions 2007

1. GENERAL

The conditions of Sale supplied by Underley Furnishings Ltd (“the Company”) to a purchaser (“the Buyer”) shall be incorporated into each Contract (“the Contract”) made by the Company for the sale of the Company’s goods or services (“the Goods/the Service”). These conditions supersede any earlier Conditions of Sale of the Company and no alteration, or addition to or exclusion of any part of these Conditions of Sale shall be applicable unless agreed in writing by a Director of the Company.

The headings listed within this document are for guidance only and shall have no effect on interpretation.

English Law shall be the proper Law of any Contract and all claims under the contract shall be settled by reference to the English legal system, whether or not the buyer is situated outside England.

2. ORDER ACCEPTANCE

   1. All quotations and estimates provided by the Company, unless otherwise expressed in writing, are invitations to treat, and are only valid for a period of 30 Days from the quote date; the Buyer’s order is an offer and will only become binding upon the Company’s confirmation of acceptance;

   2. The Company will not accept cancellation or variation of any order except at it’s discretion; any acceptance of cancellation shall not in any way prejudice the company’s right to recover from the buyer full compensation for any loss or expense arising from such cancellation or variation, and as such, the Buyer shall indemnify the Company in full against all such costs including loss of profit, labour materials and all expenses incurred by the Company as a result of any such cancellation or variation;

   3. Defects in quality, delayed delivery or alteration of specification by the company shall not be grounds for cancellation.

3. SPECIFICATIONS AND FITNESS

   1. The Company reserves the right to without notice and without affecting the validity of any contract, make such changes in Dimensions, Design and or Materials as it sees fit;

   2. Whilst the Company takes great care in the preparation of Catalogues, Price lists, technical circulars and other literature, all illustrations, demonstrations and descriptions are to be taken as a general guide only and are not binding in detail; all prices, finishes and designs are as accurate as possible within normal manufacturing tolerances but may be subject to change without notice;

   3. In cases whereby non-standard upholstery work is required, the choice of material is to be specified to Underley Furnishings 4 weeks before delivery at the latest. Should this specification be late, the Company reserves the right to arrange for an extra delivery and subsequent charges for the upholstered items;

   4. In cases whereby “Customer’s Own Material” is used or non-standard fabrics specified, the Buyer shall supply a sample cutting of this fabric attached to the order indicating face side of cloth to be used and it’s width and pattern repeat. The Buyer shall insure that the fabric supplied either directly by them or by a third party shall be accurate in its amount and suitable for purpose and without defects. The company shall be under no obligation to check, prior to cutting, any of these requirements; should any costs arise following the discovery of such shortages, defects or lack of suitability, these shall be the responsibility of the Buyer; Such costs can include supply of new fabric, any labour and material cost incurred by the Company or it’s servants in duplication of production and or delivery cost, and any liability in respect of delayed delivery, cancellation or loss of profits;

   5. It is the responsibility of the Buyer to asses the suitability of goods and quality and fitness for purpose and he shall carry the accuracy or any terms of the order.

4. PRICE, PAYMENT, AND DELIVERY

   1. Prices quoted are valid for a period of 30 days from quotation and are subject to V.A.T. at the prevailing rate;

   2. The Company shall apply interest to any overdue accounts at the rate of 4% or greater above the HSBC Bank Plc Base Lending Rate on a daily basis;

   3. The Company shall not be held responsible for delays in delivery caused by strikes, lockouts, trade disputes, breakdowns, accidents, war, civil commotion or riot, Acts of God or any other event beyond the control of the Company;

   4. If the Buyer fails to accept the goods when they are delivered the Company reserves the right to store and insure the goods and to charge the Buyer the reasonable cost of doing so. Such a delay in acceptance will not delay any payments due under the particular contract;

   5. The Company reserves the right to make partial delivery and this shall not effect the contract for the balance of goods;

5. INSPECTION AND DEFECTS

a) The Buyer is under duty to inspect goods on delivery or collection and the Company shall not be liable for any defects or shortages that would be apparent upon careful inspection at that time and noted on the Company’s delivery document; Terms such as “un-checked” or “not inspected” are not accepted by the Company as valid reason for defects or shortages;

2. Where any defect is not immediately apparent, this must be notified in writing to the Company within three days of receipt of goods;

3. In all cases where defects or shortages are complained of, the Company shall be in no liability in respect thereof unless an opportunity to inspect the goods before any use is made thereof or any alteration or modification is made thereto by the Buyer;

4. Subject to the above, the Company reserves the right to make good any defect as soon as it is reasonably possible to do so but shall be under liability arising for any defect or shortage; the Company may choose to either replace or repair the defective article as it sees fit and extends its warranty for this for a period of ninety days from the date of availability of the repaired or replaced article;

5. Only details caused by faulty manufacture, materials or workmanship shall be covered. Defects caused by abnormal usage, misuse, neglect, or wear and tear shall not be covered by the Company;

6. The Company shall not be held liable for any consequential or indirect loss including loss of profits, damage to property or personal injury suffered by the Buyer whether this loss arises from a breach of duty in contract, late delivery, defects or in any other way, including any negligence on the part of the Company. It shall, therefore, be a duty of the Buyer to take out and maintain a policy of Insurance to cover any such losses;

7. When goods which have been manufactured according to initial instructions and then either cancelled or returned, for whatever reason, a handling and restocking charge of 20% for standard items will be applied to the Invoice value. This percentage is subject to change without notice and in any event will be at a higher rate for non-standard items.

6. TITLE RISK AND BENEFICIAL OWNERSHIP

   1. The risk in all goods supplied shall pass to the Buyer on delivery;

   2. Title to goods supplied shall remain with the Company until the Purchase price and any other monies owing by the Buyer, whether or not due, are paid in full;

   3. Until title has passed to the Buyer, the goods shall be kept by the Buyer acting as Bailee, who shall insure goods are insured;

   4. Until such time as the goods are paid for by the Buyer, the Company reserves the right to enter the Buyers property or any other property where the Buyer might have placed the goods, and repossess the goods without notice and the Buyer shall bear any costs incurred in so doing.

GENERAL: Dimensions are all in mm and are approximate. Due to our policy of continuous improvement we may make variations to specifications without notice. Due to fluctuations in raw material prices it may be necessary to alter prices without notice and we reserve the right to deliver goods at the price ruling at time of despatch.