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Flexible Office Furniture and Interiors T's and C's
In these Business Terms and Conditions
the Company means Flexible Office Furniture & Interiors
the Customer means the person, firm or company order the Goods
the Goods means the items sold by the Company to the Customer and listed on the Company’s order acknowledgement.
B. Acceptance of Order
1. The Customer accepts that these conditions shall apply to all legal relations between the Customer and the Company to the exclusion of any other terms including any conditions, warranties or representations written or orally expressed or implied even if contained in any of the Customer’s documents which purport to provide that the Customers own terms or those of any third party shall prevail.
2. No person employed by the Company have any authority to make any representation or give any warranty or addition to these terms unless it is expressed in writing and signed on behalf of the Company by a person duly authorised.
3. All specifications, drawings, descriptions and quotations issued by, or on behalf of, the Company relating to the Goods are subject to the items and conditions contained herein.
C. Amendments or Concellations
The Customer must inform the Company of amendments or cancellations of orders within 7 days of receipt of the Company’s order acknowledgement.
The Customer may be liable to a surcharge if notification is not received in the 7 day time limit. If the Goods or part of them have been manufactured but not delivered the Customer may be liable to a charge to cover any cost reasonably incurred by the Company in connection with their manufactur.
D. Terms of Payment
The Customer shall pay the full price of the Goods to the Company within 30 days of the date of the Company’s invoice unless otherwise agreed in writing by an authorised signatory of the Company and even if the Customer has delayed delivery of the Goods through no fault of the Company. The Company reserves the right to charge interest at 4% over the prevailing base rate of the Company’s Bankers on any monies due but unpaidafter such period of 30 days.
E. Retention of Title
Until the Company has been paid in full for all Goods supplied by them to the Customer, the Company shall remain legal and beneficial owner of the Goods. The Customer may sell the Goods in the ordinary course of its business to a bona fide purchaser for the value without notice of the Company’s rights but the Customer shall then be under fiduciary duty to account to the Company for the proceeds of such a sale.
Without prejudice to any other guarantee issued in respect of the Goods the Company’s liability for any defect shall be limited to repairing or replacing the defective Goods. Under no circumstances shall the Company be liable for any indirect or consequential loss or damage of any nature arising out of any defect to the Goods. It shall be the responsibility of the Customer to notify the Company in writing of any such defect within 7 days of becoming aware of the same. The Company warrants that the Goods are of merchantable quality (as defined in the Sale of Goods Act 1979).
G. "Force Majeure"
The Company shall not be under any liability for any loss of damage, delay or failure in performing its obligations caused by any circumstances beyond their reasonable control.
H. Acceptance of Deliveries
Upon receipt of any Goods from the Company the Customer will ensure that the Goods are signed
Advice of damage to the Goods in transit must begiven to the Company in writing within 3 full days of delivery.
If the Customer ceases to pay his debts in the ordinary course of business or cannot pay his debts as they become due or being a company is deemed unable to pay its debts or has a winding up petition issued against it, or being a person becomes bankrupt, the Company without prejudice to other remedies shall:
1. Have the right not to proceed any further with the contract or nay other work for the Customer.
2. Have a general lien on all Goods in the Customer’s possession not paid for in full.
These conditions shall be governed by and construed in accordance with the laws of England and shall be subject to the exclusive jurisdiction of English Courts.