Terms & Conditions
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Terms & Conditions
In these terms the following words shall have the following meanings:
“the company” shall mean Ashley Hicks Furniture Ltd.
“the goods” shall mean the products, articles, services or things or components thereof offered for sale by the Company
“the Customer” shall mean the corporate entity, firm or person seeking to purchase the goods from the Company
1. All orders are placed and accepted by the Company under these terms and conditions.
2. These terms and conditions exclude any other terms and conditions inconsistent therewith which the Customer may seek to impose even though such other terms and conditions may be submitted in a later document and / or purport to exclude or supersede any terms and conditions inconsistent with them or may be contained in any other offer acceptance or counter offer made by the customer.
3. No variation of these terms and conditions will be accepted unless expressly accepted by an authorised signatory of the Company in writing.
4. Quotations may be withdrawn at any time.
5. Any order given in respect of a quotation must state the quotation reference and date.
6. An offer to purchase the goods orally must be confirmed in writing and state “confirmation of verbal order”.
7. The customer shall not be entitled to cancel the contract or goods without written agreement with the Company, and in the event of any such cancellation the Customer shall indemnify the Company fully against any expenses incurred up to the time of any such cancellation.
8. All prices quoted are subject to Value Added Tax at the appropriate tax rate.
9. Payment for the goods shall be made on or before the date fixed in accordance with the terms stated by the Company and agreed between the Company and the Customer for the operation of the account between them.
10. In the event that payment shall not have been made by the such date the Company shall be entitled to recover from the Customer interest on the outstanding balance at the rate of 8% above the base rate of Lloyds TSB for the time being in force for the period from such date until date of payment.
11. Any legal costs and expenses reasonable incurred by the Company in seeking to collect overdue invoices from the Customer or otherwise to enforce its rights under this contract will be recoverable from the Customer on an indemnity basis.
12. The Company reserves the right by giving notice to the Customer any time before delivery to increase the price of goods to reflect any increase in the costs to the Company, any change in delivery dates, quantities or specifications for the Goods which is requested by the Customer or any delay which is caused by any instructions of the Customer or failure of the Customer to give the Company adequate information or instructions.
13. The Company reserves the right at any time at its discretion to demand security for, or vary the terms and method of, payment before continuing or delivering the Goods in satisfaction of any order notwithstanding any subsisting agreement to provide credit to the Customer.
14. Without prejudice to any other rights of the Company, if the Customer shall fail to make payment of any sum under any contract or agreement between the Customer and the Company, the Company may, at its option, either withhold the delivery of goods until the total indebtedness of the Customer to the Company has been discharged, or cancel this order or agreement.
15. Risk in the goods shall pass to the Customer when the Goods are delivered to the Customer.
16. The ownership of the Goods shall remain with the Company until the Customer has paid all liquidated sums owed by the Customer to the Company in respect of this order or contract agreement.
17. The ownership of the Goods shall remain with the Company until the Customer has paid all liquidated sums owed by the Customer to the Company in respect of this order or contract agreement or otherwise.
18. The Company, may at any time recover the goods in which title shall not have passed to the Customer. The Company by its servants and agents shall be entitles to access to the Customers premises where the goods are stored or thought to be stored.
19. If the Customer becomes bankrupt of insolvent, or have a receiving order or administration order made against them or compound with their creditors, or being a co-operation, commence to being wound up, not being a members voluntary winding up for the purpose of reconstruction or amalgamation , or carry on its business under a receiver for the benefit of its creditors or any of them, or the Company has bone fide doubts as to the solvency of the Customer all sums payable to the Company by the Customer in respect of the Goods or otherwise shall become due and payable forthwith without requirement for any notice to be given and the Company shall be released from its obligation to deliver such of the goods that remain undelivered save on terms acceptable to the Company, or if the Goods or any of them shall have been delivered, the power of sale and use contained in item 15 shall automatically cease.
20. Where samples are submitted, these can be drawn from bulk and are representative of the whole and no guarantee can be given that every item will be exactly the same in all material respects of the sample.
21. Subject to the clause above, the Goods are supplied on the basis that they comply with technical specifications contained in printed documentation concerning the Goods and that they conform to the written descriptions contained on the acknowledgement of order form or confirmation of order in writing.
22. Wood is a natural product and any knotting or irregularities are perfectly normal. If the Goods are allowed for get damp or are not maintained properly and in accordance with instructions the Goods may become damaged. The Company shall not be liable for any losses so arising.
23. In the event that a defect in the Goods is discovered by the Customer and reported to the Company in writing during the period of 14 days from date of delivery of the Goods, and this defect was caused by faulty products, the Company will at its option, either repair the goods at its own expense, replace the goods or refund the price of the goods subject in all cases to return of the Goods (or such of them which is claimed to be defective) to the Company by the Customer at the Customers expense.
24. If the Goods are manufactured to the design or specification of the Customer or the Customers agent, the Goods carry no undertaking of warranty of any kind save that they will comply with the design or specification in all material respects.
25. In the event that the Company provides an estimates of quantities or measurements on the bases of drawings and / or Bills of Quantities and / or specifications submitted by the Customer, the Company shall exercise reasonably care in doing so but the Company accepts no liability for inaccuracies in the estimates, specifications or calculations.
26. The Company shall not be liable for any failure to deliver or delay in delivery of the Goods arising from circumstances outside its control, including but not limited to lock outs, fire, accidents, defective materials, delays in receipt of raw materials or bought in goods or components.
27. No person who is not a party to this order of agreement shall have the right to enforce any term of these conditions.