Registered Office - The Furniture Barn, Riverside Industrial Estate, Market Harborough, Leics LE16 7PT Co Reg Number 04100021 VAT Number GB755327029
These are the sole terms of trading of The Furniture Barn Ltd (“the Company”) and shall govern all transaction between the Company and any customer (“the Customer”) save as expressly agreed in writing by a Director of the Company (“a Director”)
1 Quotations catalogue price lists and any other material or statement by the Company (“a quotation”) shall not constitute an offer to the Customer and may be withdrawn or revised at any time until written acceptance by the Company of the Customers order.
2 An Agreement (“the Agreement”) shall be concluded upon acceptance by the Company of the Customer’s order (“the Acceptance”) and its only terms shall be those specified herein. Any statement of representation by the Company its servants or agents shall be excluded unless confirmed in writing by a Director.
3.1 The Company shall endeavour to comply with any estimated or confirmed delivery date but time shall not be the essence and the Company shall not be liable for any loss arising out of any delay in delivery.
3.2 The Customer shall accept delivery when tendered whether before or after the estimated date ,and if the Customer does not take delivery when tendered the Company shall be deemed to have performed its obligation in respect of the Goods, and the Customer shall pay any additional expenses incurred by the Company including (but not limited to) a storage charge.
3.3 Subject to the Agreement the Company may deliver the Goods in instalments and in such event each instalment shall be deemed a separate contract for the following purposes:
3.4 No default by the Company in regard to any instalment shall entitle the Customer to repudiate the Agreement in respect of any outstanding deliveries and
Delivery of an instalment shall be part performance under the Agreement and payment in respect thereof shall be made accordingly.
4.1 The Company’s terms are that payment for the Goods must be made with cleared funds two full working days before delivery, or when the goods are available for collection or delivery
5.1 If the Customer fails to pay any sum when due under this or any other agreement between the Customer and the Company, then the Company may at its option: -
(1) Treat this and any other agreement between the parties as having repudiated and recover damages accordingly
(2) suspend further performance until all sums owing to the Company by the Customer under any agreement have been paid
(3) withhold further performance under this or any other agreement until it has received payment in advance of all monies to become payable thereunder
5.2 If the Company determines the Agreement under 7.2 all sums to become payable to the Company and all loss whatsoever arising out of the termination of the Agreement shall become immediately due and payable
6.1 Until the Company has received full payment for all monies payable by the Customer under the Agreement ownership of the Goods shall not pass to the Customer but shall remain with the Company which reserves the right to dispose of the Goods (“the Retained Goods”) and shall be kept separate and distinct from other goods whatsoever
Every endeavour shall be made for the Goods to comply with any samples previously supplied but the Company shall not be liable if they do not so comply unless non-compliance is substantial
8.1 Save as provided under 9.2 no statutory other warranty, condition or representation of any kind whatsoever (including without limitation any such as to merchantability or fitness for any purpose of the Company) is given or implied nor has any such warranty, condition description or representation been given or implied in anything said or written in any negotiation prior to the Agreement save as or agreed in writing by a Director.
8.2 The Company warrants
(1) that the Goods as supplied will comply with all applicable provisions of the Food and Drugs Act 1955 and of the Trade Descriptions Act 1968.
(2) that Goods will be of merchantable quality save as to any matter which has been drawn to the attention of the Customer or which was or should have been reasonably apparent to a prudent purchaser.
(3) without prejudice to the obligations of 10.2 (a) above that the Goods will substantially comply with their description
9.1 The liability of the Company in respect of any Goods proven to be defective shall not exceed the price for the Goods under the Agreement and no liability shall accrue for any indirect or consequential loss including (but not limited to) loss of profit howsoever arising suffered by the Customer.
9.2 Liability for death or personal injury caused by the Company, its servants and agents is not hereby purported to be excluded
10.1 The Customer, their Carrier or Agent is responsible for ensuring that the goods, whether collected by the Customer or their Carrier, or are delivered by the Company, are in good condition. The Customer, Carrier or Agent will be required to sign for the acceptance of Goods. All goods must be unpacked so the any faults can be seen. Neither the Companies’ Insurers nor the Company can accept claims for faults or damage that could be reasonably seen on inspection, after delivery or collection. Neither the Insurers nor Company will accept statements such as “unchecked” whether written or verbal.
11.1 If the Goods are to be delivered (other than ex-works) by the Company or its carrier the risk shall pass when the Goods have been so delivered to the Customer.
11.2 If the Customer or its carrier collects the Goods the risk in them shall pass upon commencement of loading onto the collecting transport or otherwise being taken into the possession or control of the Customer its servants or agents.
11.3 If the Customer does not take delivery of the Goods when duly tendered the risk shall pass when delivery should have been accepted. The Company may at its option store or insure the Goods at the expense of the Customer.
12.1 The Customer shall examine them immediately upon receipt and shall notify the Company immediately if they are received in a damaged condition and will indemnify the Company against any loss which it suffers because any such notification is received too late to enable it to claim against carriers or insurers in respect of such damage or loss in transit. Statements such as “unchecked” will not invalidate these terms, and the Customer is responsible for ensuring the Goods are in a condition to be checked.
13.1 The Company shall not be liable for any failure to perform any or all of its obligations under the Agreement arising from any inability to secure or procure at a reasonable cost labour, materials or other supplies of any kind or any act of God, war, strike, lockout or other labour dispute, fire, flood, drought, equipment failure, legislation, order of public authority or any other cause whatsoever beyond its control
14.1 If and to the extent that any provisions of the Agreement (including these Terms and Conditions) is wholly or partly illegal, void or unenforceable then such provisions or offending part hereof shall be severable from the remaining provisions or parts of provisions which shall remain in full force and effect