Conditions Of Sale
These conditions apply to the sale of goods by The Handmade Sofa Company (“the Company”) and can be varied only in writing signed by a Director of the Company. The Laws of England shall apply to this Agreement.
Goods must be paid for in full prior to delivery or collection in a form and at a time acceptable to the Company. A minimum deposit of 50% of the total order value is payable on order. The balance plus storage fees (if any) will be payable on notification by the Company that the goods are ready for delivery or collection. Cheques require a minimum of five working days for clearance prior to the release of goods for delivery or collection.
Every effort will be made to supply goods to sample size and colour. The Company cannot be held responsible for slight variation which may occur. Should any fabric not be available the Company will notify the customer and permit the customer to choose an alternative from its then current range of fabrics. In the event that the fabric ordered differs in price from the replacement fabric an adjustment upwards or downwards of the price will be made and any adjustment will be payable or allowable (as the case may be) in the final payment. In the event that no fabric satisfactory to the customer is available the customer has the right to cancel the contract within seven days of being notified by the Company that the fabric of the customer’s original choice is not available and the deposit placed on order shall be refunded.
These are approximate only and do not form any term or condition of this Agreement. Every effort will be made to adhere to these estimates but the Company accepts no liability for any direct or indirect loss arising from delay.
All deliveries are subject to the provisions of this clause. The Company will undertake the cost of the insurance of the goods in transit of the customer. Customers must ensure that the goods ordered will fit through all doors and that delivery is otherwise unobstructed and that all valuables are safeguarded from accidental damage. A charge will be made for special deliveries or re-deliveries resulting from broken appointments. Appointment times are approximate only. In the event of exceptionally difficult deliveries customers or their agents are required to sign a damage disclaimer. Failure to sign such disclaimer will result in the goods being returned to the Company’s warehouse where they will be made available for collection by the customer during normal business hours.
Property in Goods
Notwithstanding that the Company may deliver the goods to the customer the property in the goods shall not pass to the customer until the Company has received in cash or cleared funds payment in full of the price of the goods and in the event that delivery may have been made prior to payment by the customer in full the customer shall not hold the goods as the Company s fiduciary agent and bailee.
Customers must take delivery of goods within one month of being advised by the Company that they are ready for delivery unless a mutually satisfactory arrangement is agreed beforehand. Thereafter the Company reserves the right to charge a storage fee of £20 per week or part thereof per item. The Company retains the right to put the goods into stock for resale at any time should any monies due not be forthcoming.
Every effort will be made to supply goods of sound workmanship and quality. No subsequent claims for delivery damage or visible marks can be entertained. Subject as herein contained and except where the goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977 all warranties conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law. In any event the Company’s liability shall not exceed the original value of the goods.
Some fabrics are harder wearing than others and the Company gives no warranty that a particular fabric will suit a customer’s intended use better than another. Cleaning instructions for each fabric are contained in manufacturers’ sample books which are available for inspection on the Company’s premises during normal business hours or on request. Customers own fabric is accepted at the customer s own risk.
The Company will only accept cancellation of an order within 7 days once it has been given either in whole or in part. Notification in writing is required.