Controlled Interiors Limited (“the Company”) Standard Terms and Conditions of Sale
1. The following definitions apply in these Terms and Conditions. Customer: the person(s), firm or company who purchases the Goods from the Company. Contract: the contract between the Company and the Customer for the sale of the Goods, incorporating the conditions. Goods: any goods agreed in the Contract to be supplied to the Customer by the Company. Services: any services agreed in the Contract to be supplied to the Customer by the Company including the release to the Customer of any designs or computer generated images prepared by the Company for the exclusive use by the Customer. 2. Application of Terms 2.1 The Customer confirms that it has not relied on any statement made by the Company which is not set out in the Contract. 2.2 Any estimate or quotation is given on the basis that no Contract shall come into existence until the Customer returns the acceptance or signs a written estimate or quotation as acceptance to the Company and where required pays the deposit or, (if earlier) the Company delivers the Goods to the Customer or commences the Services. 3. Description 3.1 The quantity and description of the Goods and Services shall be as set out in the Company’s Order Confirmation or a Quotation signed by the Customer. Any additional Goods or Services supplied at the Customer’s request shall be chargeable extras payable by the Customer. 3.2 All samples, drawings, descriptive matter, specifications and advertising issued by the Company and any description or illustrations contained in the Company’s catalogues or brochures are published for the sole purpose of giving an approximate idea of the Goods and Services described in them. They shall not form part of the contract. 4. Customer’s Obligations 4.1 To co-operate with the Company in all matters relating to the Goods and Services; and provide, for the Company, its agents, sub-contractors and employees, in a timely manner and at no charge, access to the Customer’s premises and utilities to enable the Goods and Services to be provided and to provide storage for the Goods between delivery and installation. 4.2 In the event that the Company is unable to supply the Goods or Services as a result of any breach of these Terms and Conditions on the part of the Customer, the Company shall be entitled to charge the Customer a reasonable sum for any additional costs incurred by the Company as a direct result of any such breach on the part of the Customer. In the event that such a breach prevents or substantially obstructs the Company’s ability to fulfil the remainder of the Contract the Company shall be at liberty to treat the Contract as cancelled and seek payment from the Customer for all costs, expenses and losses incurred by the Company as a result of the breach together with any remaining sums due under the Contract (less any costs avoided as a result of the cancellation). 5. Variation or Cancellation of Goods and or Services 5.1 The Company reserves the right to vary the design of the Goods or specification of the Services where necessary in order to comply with an applicable safety or statutory requirement. 5.2 If the Customer cancels the Contract (at the Customer’s request and through no fault of the Company) then the Customers shall pay to the Company a cancellation fee equal to 10% of the total Contract price in addition to the full value of the Contract that shall have been performed by the Company at the time of the cancellation, this shall include (but is not limited to) the full value of the furniture where manufacture has commenced prior to the cancellation. 5.3 If the Customer wishes to vary the Goods ordered after the payment of the deposit the Customer shall reimburse the Company for any losses incurred as a result such variation including any re-stocking charges levied upon the Company by their suppliers. 5.4 If the Customer requires the Company to provide an additional design or other professional services after the creation of the Contract the Customer agrees to pay the Company for its professional services at a rate of £125 per hour. 6. Delivery and Ownership of Goods 6.1 Delivery of the Goods shall take place at the Customer’s address (unless otherwise agreed) and any dates specified by the Company for delivery are intended to be an estimate and time shall not become of the essence by notice from the Customer. 6.2 The Goods are at the risk of the Customer from the time of delivery and ownership shall not pass to the Customer until such time as the Company is in receipt of the delivery balance in full. 6.3 The Company can only accept viability for any damage in transit reported within 3 working days of delivery where the Goods are provided on a supply only basis. 7. Price and Payment 7.1 The total price for the Goods and Services shall be the amount set out in the Quotation and shall be paid to the Company in accordance with the payment terms set out in the Contract. The installation balance shall become payable at the end of the main installation period ‘practical completion’ and the completion balance shall be payable upon the final completion of the installation. Accordingly, the Customer shall not be entitled to make any deduction whether by way of set-off, counterclaim, or otherwise unless in accordance with a Court Order. 7.2 Time of payment shall be of the essence therefore if the Customer fails to make payment on the due date, the Company shall be entitled (without prejudice to any other remedy available) to either suspend the supply of Goods and or Services or to terminate the Contract. 7.3 If the Customer fails to pay the Company any sum due under the Contract, the Customer shall also pay interest on any outstanding sum at a daily rate equivalent to 4% per annum above the base lending rate as published by National Westminster Bank PLC for the entire period that the payment remains outstanding. 7.4 Payments made by Credit Card will be subject to a 2.5% surcharge. 8. Quality Where the Company is not the manufacturer of the Goods, the Company shall endeavour to transfer to the Customer the benefit of any warranty or guarantee given to the Company by the manufacturer or any third party. 9. Limitation of Liability 9.1 The following provisions set out the entire financial liability of the Company to the Customer in respect of: a) any breach of these Terms and Conditions. b)any representation, statement or negligence arising under or in direct consequence or connection with the Contract. 9.2 Nothing in these Terms and Conditions excludes or limits the liability of the Company for death or personal injury caused by the Company’s negligence or any fraudulent misrepresentation. 9.3 Subject to clause 9.2 a) the Company’s maximum liability for all claims made in relation to the Contract in respect of loss or damage to tangible property belonging to the Customer and in respect of any contract, tort, misrepresentation or otherwise, arising from or in contemplation of the performance of the Contract shall not exceed the value of the Contract. b) the Company shall not be liable to the Customer for any indirect or consequential losses of any kind, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in any way in connection with the Contract. 9.4 Nothing in these Terms and Conditions shall in any way affect or inhibit the Customer’s statutory rights as a consumer. 10. Force Majeure The company reserves the right to defer the date of delivery or to cancel the Contract (without liability to the Customer) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond its control including (but not limited to) acts of God, Government actions or interventions, war or national emergency, terrorism, civil unrest, explosion, fire, flood, industrial action or restraints or delays affecting carriers or in non-availability of supplies or suitable materials, provided that if the event in question continues for a continuous period in excess of 120 days, the Customer shall have the right to give notice in writing to the Company to terminate the Contract. 11. General 11.1 Each right and remedy of the Company under the Contract is without prejudice to any other right or remedy of the Company whether under the Contract or not and any delay in the enforcement of the provisions of shall not be construed as a waiver of any of its rights. 11.2 The Contract shall be governed by English Law and the parties submit to the exclusive jurisdiction of the English courts for the interpretation or enforcement of the terms of the Contract.