TERMS & CONDITIONS 2018
CONDITIONS OF SALE
1. (A) (B)
In these conditions “the Company” means White Feather Kitchen Design Ltd, “the Customer” means the person, firm or company named on the Company’s Invoice and “the Goods” means the items to which the Company’s invoice relates.
No contract for the sales and purchase of the Goods shall arise following the issue of a quotation by the Company and its acceptance by the Customer until such time as the Company shall confirm acceptance of the Customer’s order on its acknowledgement of order form.
- Goods supplied by but not manufactured by the Company are sold subject to the conditions of sale imposed by the manufacturers and the Customer shall only be entitled to such benefits as the Company may receive under any guarantee given in respect thereof.
- The description of goods in the leaflets, catalogues of other written matter shall not constitute a contract of sale of goods by description so as to impose the relevant clauses of the Sale of Goods Act 1979.
- All implied conditions and warranties recognised by the custom of statute as to the quality or fitness of the goods for specific purpose are hereby expressly excluded from the Company’s contract.
- The Company accepts no responsibility for non-delivery or delayed delivery of goods due to causes beyond its control such as fires, strikes, government control or shortages of material, and any such delay shall not entitle the Customer to rescind his contract.
- The Company will accept no claim for shortage of goods delivered unless notice is received immediately upon delivery.
- All references to weights, dimensions or performances contained in catalogues, leaflets or other written matter are approximate only and shall not be taken to be an implied term of contract between the Company and the Customer.
- The Company will in no circumstances accept liability for any consequential loss, or loss of profits or third party claims or detention or delay or expenses of any kind howsoever caused.
- (A) Risks in the goods shall pass to the Customer immediately upon delivery of the goods and accordingly the Customer shall be responsible for all loss, damage or deterioration of the goods from and after that time.(B) Property in the goods shall remain with the Company, which reserve the right to dispose of the goods, until payment in full for all of the goods has been received by it in accordance with the terms of the contract to which these conditions relate or such time as the Customer sells the goods to its customer by way of bona-fide sale at full market value. If such payment is overdue in whole or in part the Company may (without prejudice to any of its other rights) recover or re-sell the goods or any of them and may enter upon the Customers premises by its servants or agents to repossess the goods for those purposes. Payment shall be deemed to become due immediately upon the commencement of any act proceeding calling into question the Customer’s solvency or upon the appointment of any Administrator or an Administrative Receiver.(C) If any goods are incorporated in or used in the manufacture of other items before such payment is received property in the whole of such other items shall remain with the Company until such payment has been made, or the other items have been sold as aforesaid, and all the Company’s rights hereunder in the goods shall extend to those other items.
In the event of the Customer having disposed of the goods to a third party the Customer shall hold any proceeds arising on such disposal as trustee for the Company until the Customer has paid the Company for the goods.
If any of the provisions of this condition 9 shall be found void but would be valid if some part of thereof were deleted such provisions shall apply with any deletion as may be necessary to make it valid and effective.
10. (A)Terms of payment are as specified on our invoice document, all goods received to be paid before delivery and may only be varied if agreed by the Company in writing.
(B) The Company shall be entitled to suspend or cancel future deliveries under this or any contract between the parties hereto:
1. i) If any payment is overdue
2. ii) Upon the commencement of any act or procedure calling into question the
3. iii) Upon the appointment of an Administrator or Administrative Receiver
(C) Without prejudice to any of its rights the Company shall be entitled to charge the Customer interest on any overdue payment at the rate of 4% per annum above the base rate from the time of time in force of National Westminster Bank PLC (calculated with quarterly rests) from the date on which payment falls due until the date of payment both before and after judgement.
- These conditions shall apply to all orders placed with the Company. Any stipulations or conditions in a Purchase Order Form which conflict with, qualify or negate any of these conditions shall only apply if expressly agreed in writing by the Company.
- All prices shall be subject to increases in the event of increases in wages or raw materials and/or government regulations and/or other relevant increases which may occur before completion of any order.
- The contract shall be constructed and operate in all respects as a contract made in England and in conformity with English Law.
- White Feather Kitchen Design ltd are constantly improving their product range and therefore reserve the right to amend colours, specification or products without prior notification. It is the Customer’s responsibility to ensure at all times that any sample doors used as a reference point for selling is representative of current production standards. Please contact a member of our team at White Feather Design, who can advise of any changes of specification.