Harts Of Maidstone Terms and Conditions of Sale- Business to Business
(a) Harts of Maidstone, put forward all quotations and accept all orders subject only to the terms and conditions which follow and to the exclusion of all other guarantees, conditions and warranties (including any as to quality and fitness for any particular purpose) whether express or implied by statute or common law or otherwise. In the event of a purchaser’s order containing conditions such conditions are only binding insofar as they are note inconsistent with Harts of Maidstone’s terms and conditions.
(b) No additions to or variations from Harts of Maidstone acknowledged price or terms and conditions shall have effect unless such variation or addition is expressly accepted by Harts of Maidstone in writing under the hand of a Director. Harts of Maidstone employees or agents are not authorised to make any representations unless confirmed by a director of the company in writing. On entering into a Contract the Buyer acknowledges that it does not rely on and waives any claim for breach of any such representations which are not so confirmed.
(c) Catalogues, price list and other advertising matter shall not form part of any contract between Harts of Maidstone and the purchaser. Any typographical clerical or other error, or error of omission in any sales literature, quotations, price list or any other document or information issued by Harts of Maidstone shall not be binding on Harts of Maidstone and shall be subject to correction without liability to the vendor.
(d) No claims for loss or damage to goods, materials and purchaser’s property, claim for bad workmanship (save as set out below) or claims for goods invoiced by not received will be considered unless Harts of Maidstone is advised in writing within 3 days from the date of final invoice. In the event that a purchaser fails to give the appropriate notice and does not notify Harts of Maidstone in writing within the specified three day period, the purchaser’s claim will deem to have been waived and will be absolutely barred.
(e) Harts of Maidstone furniture is guaranteed for a period of one year against any defects resulting from faulty materials or workmanship, provided that
i) The goods have not been subjected to any unauthorised repair or misused, abused or altered in any way whatsoever.
ii) The goods have been properly installed, connected and assembled (if such works were not carried out by Harts of Maidstone).
iii) Any fault or defect is notified in writing with three days of becoming evident.
iv) Harts of Maidstone shall be under no liability in respect of any defect arising from wear and tear, wilful damage, negligence, abnormal usage or working environment, or failure to follow the manufacturer’s or vendor’s instructions whether oral or in writing.
v) Harts of Maidstone shall be under no liability with regard to any warranty or guarantee if the total price of the goods was not paid by the due payment date.
vi) Subject as expressly provided for in these Terms and Conditions 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 stature or common law are excluded to the fullest extent permitted by law.
Orders placed upon a quotation which has not been previously withdrawn are subject to confirmation that Harts of Maidstone accept the same. Unless otherwise stated all prices quoted are deemed to be exclusive of VAT. Harts of Maidstone reserve without liability, the right to at any time, reduce or withdraw discount terms and /or credit account facilities without notice, reference or explanation to the Buyer.
Harts of Maidstone shall endeavour to maintain prices quoted and/or detailed on their order acknowledgement, but must reserve the right to increase quoted prices according to any increases in costs which take effect between acceptance and delivery/completion of the order or that part of the order remaining undelivered/incomplete at the tie of such increase. In their event that the quoted price includes elements of work in relation to which Harts of Maidstone have been unable to whatever reason to carry out a site survey or in the event that Harts of Maidstone are required to carry out additional work not detailed in the original quotation, Harts of Maidstone reserve the right to amend the quoted price accordingly.
4. Terms of Payment
Payment shall be made to us at the time and in the manner stated in our quotation or if no such time and manner are stated then within 30 days of the date of our invoice. In all cases their prices we quote are strictly net. In the event of non- payment within these terms we reserve the right to charge 2.5% per calendar month on all outstanding accounts. Discounts offered, are subject to payment within our terms. If payment is withheld due to dissatisfaction with any goods or services supplied. We reserve the right to charge 10% interest per calendar month (calculated on a daily basis) on any amount withheld in excess of the invoiced value of the specific goods or services in dispute. The Buyer shall not be entitled to withhold payment as a result of any claim it may have against Harts Of Maidstone Furniture Ltd.
Harts of Maidstone will use its best endeavours to deliver/complete promptly but Harts of Maidstone shall be under no liability whatsoever to delays in estimated delivery/completion times or failure to deliver/complete from any cause, nor for any loss or damage arising there from. Harts of Maidstone reserve the right to make partial delivery or deliveries by instalments and to invoice for such deliveries as are made. In no event will Harts of Maidstone be liable for any action of the purchaser’s employees assisting in delivery. The purchaser will indemnity Harts of Maidstone against all claims proceedings, demands and costs arising there from.
6. Ownership Of Goods
(a) The title and property in all goods and materials supplied by Harts of Maidstone does not pass until payment in full (for all goods whatsoever supplied) has been received therefore by and Harts of Maidstone risk
in respect of such goods passes to the purchaser from the moment of delivery to the purchaser’s nominated location.
(b) Until title in goods passes, the purchaser shall hold the goods as bailee for .Harts of Maidstone. These goods must be stored separately from all other goods, and be clearly marked as being the property of Harts
(c) If payment of account is overdue (time being of the essence) or the purchaser becomes insolvent, commences winding up procedures, commits and act of bankruptcy or has a Receiver or Administrator appointed, Harts of Maidstone may immediately reclaim the goods, if necessary by entering any premises owned or occupied by the purchaser.
(d) If the purchaser sells the goods before title to these goods passes to him the sale shall be made by the purchaser as fiduciary agent on behalf of Harts of Maidstone. The monies due Harts of Maidstone for payment of goods from such sale must be kept separate to other monies and be clearly donated as monies held in trust on behalf of Harts of Maidstone. Regardless of such agency the purchaser has no right to bind Harts of Maidstone and shall, as, between the purchaser and his customers, act as principal.
Liability is expressly excluded in regard to equipment not manufactured by Harts of Maidstone or procured on behalf of the purchaser from a specialist supplier except to the extent that any benefits is obtainable from the written guarantee of such a supplier or enforceable by Harts of Maidstone without legal or other expenses whatsoever and the benefit obtained shall be passed in full to the purchaser. If goods are to be manufactured or provided in accordance with a design/specification provided by the purchaser, the purchaser shall indemnify Harts of Maidstone against all loss, damage, costs and expenses in connection with same. Harts of Maidstone shall be under no liability in respect of any defect in the goods or lack of fitness for purpose arising from any drawing, design or specification supplied by the Buyer.
Orders cannot be cancelled except with Harts of Maidstone consent and on terms, which will indemnify Harts of Maidstone against all loss. If a purchaser extends or delays a contract or part thereof or fails to accept delivery of any goods at the time agreed, or when notified that the goods are available to be delivered, then the purchaser will be liable for any and all losses incurred by Harts of Maidstone, including disruption, loss of profit, storage costs, additional transport and handling costs, resulting from the purchaser’s actions. If a purchaser delays delivery of any goods by in excess of fourteen days from the date agreed, or when notified that the goods are available to be delivered the goods will be invoiced and payment in full expected thirty days thereafter. For the avoidance of doubt, once delivered, goods cannot be cancelled.
9. Force Majeure
If Harts of Maidstone is unable to perform any part of the contract for a reason of force majeure or any other reason outside their reasonable control, Harts of Maidstone shall be entitled to charge the purchaser for any additional time, cost or expense incurred as a result thereof and where Harts of Maidstone is unable to perform any part of the contract for any such reason for a period of more than one week. Harts of Maidstone shall be entitled to postpone its performance of the contract until such time as it is reasonably able to recommence the contract.
In the event that the purchaser fails to observe or perform any of their obligations under the terms of the contract, Harts of Maidstone reserve the right to terminate the contract immediately by service of written notice of termination to the purchaser.
11. Consequential Loss
Harts of Maidstone shall not be liable to the purchaser by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any consequential loss or damage (whether for loss of profit or otherwise), costs expenses or other claims for consequential compensation whatsoever (an whether caused by the negligence of Harts of Maidstone its employees or agents or otherwise) which arise out of or in connection with the supply of the goods or their use or resale by the purchaser, except as expressly provided in these conditions.
12. Third Party Claims
If any claim is made against the purchaser that the goods or services infringe or that their use. Resale or provision infringes the patent, copyright, design, trade mark or other industrial or intellectual property rights of any other person, any liability of Harts of Maidstone to the purchaser shall be subject to Harts of Maidstone being given full control of any proceedings or negotiations in connection with any such claim including the payment or settlement thereof..
Failure by Harts of Maidstone to enforce any of the contract terms cannot be construed as a waiver of any of its rights under this contract. No waiver by Harts Of Maidstone Furniture Ltd or any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.
If any provision of these conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.
14. Governing Law
All Harts of Maidstone quotations shall be put forward and made in England and shall in all respects be construed and operated under English Law.
Terms and Conditions- Consumer
1. On order of goods the customer may be required to pay the full invoice amount or it may be agreed to pay upon delivery.
2. All delivery charges will be made clear on the invoice. Where items arrive to Harts at separate times the customer may choose for all goods to be delivered at once (1 Delivery Charge) or on separate deliveries. For each separate delivery an additional charge will be made.
3. Once ordered items can be cancelled up to 24 hours after order without cost to the customer, unless manufacturing has commenced. After this time Harts will do their utmost to cancel items with the manufacturer. If manufacturing has not commenced and the items can be cancelled, they will be without any cost to the customer. Any payments made will be refunded by original method of payment. If items cannot be cancelled it will depend on each manufacturer which percentage of the order will be charged. The purchaser shall become liable to the seller for any incurred costs. If the invoice has been paid in full, the remaining amount will be refunded by original method of payment.
4. Where goods are damaged upon delivery, replacement parts or complete items will be replaced at no cost to the customer. Delivery of replacement items will be free of charge.
5. Harts cannot refund items which are made to order if the client orders the incorrect size/colour. It is the clients responsibility to ensure they have chosen the correct item. However, if Harts have an alternative more suitable item in stock an exchange can be made.
6. If a stock item is ordered, cancelation can be made until the delivery date. If goods have been paid for a full refund will be made by original method of payment.
7. Installation will always be made free of charge unless otherwise discussed or agreed.
8. Harts are not responsible for moving existing furniture unless otherwise agreed. Additional charges may apply.
9. The customer must advise if installation is above ground floor as heavy or large items may need more than one installer. If Harts are not advised an alternative delivery date may have to be arranged.
10. All guarantees are dependant on the terms and conditions, guarantees and warranty of the product manufacturer. Details are available upon request.
11. When planning is carried out by Harts the customer shall agree on the layout before order. Should items do not fit as agreed in the plan, Harts will change/replace the item at no cost to the customer.
12. Payment must be made before or upon delivery unless otherwise agreed. If this is not possible an alternative date may be arranged.
13. If a customer orders items for delivery for an agreed date the customer must take delivery of these goods within 30 days. However if Harts are to hold these items they must be paid for in full. If after 30 days the customer still cannot take delivery, storage arrangements must be made by the customer or an agreed charge will be payable to Harts for storing the items.
A E Hart & C Cavanagh
VAT Number 565 4402 42