CONDITIONS OF SALE
1. Definition
In these Conditions of Sale:
'the Company' means Office Wise Limited. 'the Buyer' means the person firm or company ordering or buying goods from the Company. 'the Goods' mean the goods subject matter of the relevant order or contract sale.
2. General
All quotations are made and orders accepted subject to the Conditions and no additions or alterations shall apply unless specifically agreed in writing by the Company. No other terms and conditions shall apply notwithstanding any provision to the contrary which marty appear on any document issued by the Buyer. No binding Contract shall be created until the Company has indicated it's acceptance of an Order in writing or by making delivery or padelivery of the Goods.
'The acceptance of the cancellation of an Order by the Buyer shall be at the discretion of the Company and any such acceptance shall be subject to payment by the Buyer of a cancellation charge of 20% of the VAT exclusive invoice value representing the Company's loss of profit on the transaction and any administration costs involved'.
3. Price
Quoted prices include the cost of normal packaging plus delivery but exclude VAT or installation charges (where applicable). The prices for the Goods shall be those ruling at the date of dispatch and the Company reserves the right to amend its quoted price at any time prior to the date of dispatch.
4. Terms of Payment
When credit terms are allowed, terms of payment are strictly net and payable by the last day of the trading period following that in which the invoice is dated. Otherwise, all accounts are payable on demand. No receipt will be issued against payment by cheque unless specially requested. The Company, at its discretion, reserve the right to charge interest on accounts outstanding beyond the time specified in this condition. The rate of interest shall be 2% per month from the due date until the payment is made. The Company can exercise this right in addition to any other rights it may have in respect of the goods for non-payment. Where the contract is or is to be made or may be fulfilled each instalment shall be treated as constituting a separate contract.
Any contract shall be subject to the Company being satisfied as to the Buyers credit worthiness and without generality to the foregoing the Company may, in its absolute discretion, having informed the buyer that the goods are ready for delivery, refrain from delivering the goods until such time as the buyer tenders the purchase money to the Company in a form satisfactory to the Company. Prospective customers wishing to open a Credit account are requested to furnish two trade references and one banker's reference. Until the opening of a credit account has been confirmed delivery will not be made unless payment has been received with order or made against the Company's pro forma invoice.
5. Orders
Orders sent in confirmation of telephone instructions should be clearly marked as such, otherwise any additional expense incurred by the Company as a result of duplication of order will be payable by the buyer. Furthermore, the Company will accept no responsibilities for duplication of dispatch. Any additional expenses incurred by the Company will be payable by the Buyer at the discretion of the Company.
6. Delivery
Whilst the Company will use its best endeavours to adhere to any time stated for delivery any dates quoted for delivery of goods are approximate only and the Company shall not be liable for any delay of the goods howsoever caused. The Company shall, at its discretion, levy a delivery charge of £3.50 on orders of a value of £30.00 or less, exclusive of VAT.
7. Risk and Property
Risk of damage to or loss of the Goods shall pass to the Buyer
(i) in the case of Goods to be collected from the Company's premises, at the time of collection.
(ii) in the case of Goods to be delivered at the time of delivery, or if the Buyer wrongfully fails to take delivery of the Goods, at the time when the Company has tendered delivery of the Goods. Not withstanding delivery and the passing of risk in the Goods, or any other provision of the Conditions, the property in the Goods shall not pass the Buyer until the Company had received in cash or cleared funds payment in full of the price of the Goods and all other Goods agreed to be sold by the Company to the Buyer for which payment is then due, together will any interest or any other sum payable in respect of goods under this contract.
Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as the Company's fiduciary agent and bailee, and shall keep the Goods separate from those of the Buyer and third parties and properly stored, protected and insured and identified as the Company's property, until that time the Buyer shall be entitled to resell the Goods in the ordinary course of its business, but shall
(a) account to the Company for the proceeds of sale including insurance proceeds, and shall keep all such proceeds separate from any monies or property of the Buyer and third parties.
(b) and the Buyer shall if required by the Company assign it's right to claim the proceeds of the resale of the Goods from any third party.
Until such time as the property in Goods passes to the Buyer (and provided the Goods are still in existence and have not been resold), the Company shall be entitled at any time to require the Buyer to deliver up the Goods to the Company and, if the Buyer fails to do so, forthwith to enter upon any premises of the Buyer or any third party where the Goods are stored and repossess the Goods. The Buyer shall not be entitled to pledge or in any way charge by the way of security for any indebtedness any of the Goods which remain the property of the company, but if the Buyer does so all monies owing by the Buyer to the Company shall (without prejudice to any other right or remedy of the Company) Forthwith become due and payable.
8. Damage or Loss in Transit and Shortages
Written notification of any shortages damages or loss of Goods must be received by the Company within 7 days of the receipt of invoice.
9. Liability
The Company's liability in respect of all Goods supplied by it shall be limited to giving the Buyer the benefit of any guarantee or warranty given by the manufacturer. The Company shall be under no liability to the Buyer for any loss, damage or injury, direct or indirect, however arising.
10. Insolvency of the Buyer
This clause applies if:
(i) the Buyer makes any voluntary arrangement with its creditors or becomes subject to an Administrative Order or (being an individual firm) become bankrupt, or (being a Company) goes into liquidation (otherwise and for the purpose of amalgamation or reconstruction:) or
(ii) an encumbrancer takes possession, or a receiver is appointed, or any of the property of assets of the Buyer. or
(iii) the Buyer ceases or threatens to cease to carry on business:
or
(iv) the Company reasonably establishes that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly. If this clause applies then without prejudice to any other right or remedy available to the Company the Company shall be entitled to cancel the Contractor suspend any further deliveries under the Contract without any liability to the Buyer, and if the Goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement to the contrary.
it. Returns
Goods correctly supplied may not be returned without the Company's written agreement. Where goods are alleged to be not in conformity with the Company's published specification full details must be given. Credits (or replacement) will not be issued until defects have been agreed by the Company. Please note that the Company reserves the right to modify the specifications of any goods supplied by the Company in line with the Companies policy to continual improvement.
Goods cannot be accepted back if they have in anyway been tampered with, or not in their original packaging, have the customers logo affixed or are missing vital accessories or components. In the event of the Company accepting back any Goods, a documentation, handing and refurbishment charge may be made. Any Goods sent back to the Company must be complete with serial numbers, the Company's invoice details and full details of fault.
12. Cancellation
The Company may withhold or cancel further or any deliveries under the contract of sale and may recover all losses resulting therefrom if the Buyer:
(a) 'Fails to make payment on the due date under any contract, or
(b) is in breach of any of the terms and conditions contained herein (notwithstanding that on a former occasion or occasions it has waived its rights).
13. Force Maleure
The Company reserves the right to cancel vary or suspend the operation of contract of sale if events occur which are in the nature of force majeure including (without prejudice to the generality of the foregoing) fire, floods, storm, plant breakdown, strikes, lock-outs, riot, hostilities, non availability of materials or supplies or any other event outside the control of the Company: and the Company shall not be held liable for any breach of contract resulting from such event
Furniture Returns
Furniture ordered and that is not required maybe able to be returned providing any returns costs have been agreed with us prior to arranging the collection. The furniture must be unopened and returned in its original packaging. Return fees will be dependent on each manufacturers policy, should you wish to know any return fees before placing your order please contact us by email at sales@office-wise.co.uk.