TERMS AND CONDITIONS OF BUSINESS OF WINE BY DESIGN LTD "THE COMPANY”
GENERAL
1. This agreement shall constitute the whole contract between the Company and the person named in the Contract “the Purchaser” and may not be varied without authority in writing from a director of the Company.
2. The payment of a deposit by the Purchaser shall constitute unqualified acceptance by the Purchaser of these conditions and of the binding Contract between the Company and the Purchaser.
3. All drawings and illustrations and colours issued by the Company are of an informative nature only and form no part of the Contract.
4. The Purchaser shall make available power supplies and all necessary services to the fitters at time of installation
STRUCTURAL SOUNDNESS
5. This agreement assumes the structural soundness of all walls floors and ceilings of the property in which the works are to be performed. In the event of structural renovations becoming necessary these shall become the responsibility of the Purchaser.
ALTERATIONS AND CANCELLATION
6. In no circumstances may this contract be cancelled without the written agreement of a director of the Company. In the event of cancellation being agreed by the Company beyond 14 days from the date of the contract the Purchaser shall forfeit the deposit paid in full and without recourse.
7. The Company reserves the right to make further changes in connection with any alterations required by the Purchaser. Such alterations must be agreed in writing in order that the Company is bound by same.
PRICES
8. Prices rule at the date of the Contract, accidental errors and omissions excepted.
DELIVERY
9. Any time or date specified by the Company for delivery is given in good faith but is an estimate only and time shall not be considered of the essence of this Contract. The Company shall be under no liability whatsoever for the consequences of any delay caused by circumstances outside of the Company’s reasonable control.
PAYMENT
10. The Purchaser shall pay a deposit of 10% of the full Contract price at the time of placing the order, this will secure a slot in our schedule.
11. A further payment amounting to 40% of the full Contract price to be paid 10 weeks prior to delivery
12. A further payment amounting to 90% of the full Contract price to be paid prior to installation. Goods delivered to site become the sole responsibility of the Purchaser.
13. All Conditioning equipment to be paid upfront, Equipment orders will be placed once payment has been made.
14. The final balance is due on “practical completion” less a retainer due on “final completion”. “Practical completion” is taken to be the point at which the job is handed over to the client who then has normal use of the facilities. There may be some small outstanding items or remedial works still to be finished. When these have been completed the job has reached “final completion” and all outstanding monies are due immediately.
15. Any additions to an order previously placed will form a separate invoice and shall not affect payment terms originally agreed.
16. If the Purchaser cannot accept delivery on the due date payment must be made of the full amount up to 90% of the full Contract price. Failure to do so will constitute a breach of Contract by the Purchaser
ILLUSTRATIONS
17. Photographs, samples and other illustrations supplied by the Company represent generally the furniture specified but shall not be taken as exactly representing the goods in any individual Contract.
GUARANTEE
18. The Company guarantees all furniture produced and installed by its staff for a period of five years provided the furniture has been paid for in full on the due date. Guarantees do not cover fair wear and tear. All other items and appliances are covered by individual manufacturers’ and sub contractors guarantees.
SUPPLY BY OTHERS
19. The Company cannot be held responsible for services or goods to be installed by anyone not under contract to the Company. This includes work done by any sub contractors recommended by the Company, who are paid direct by the Purchaser.
SEVERABILITY
20. In the event that any competent court or tribunal shall judge that any of the terms hereof or any part shall be illegal invalid or unenforceable then the remaining terms shall be in full force and effect
GOVERNING LAW
21. These terms and conditions shall be governed by English law and the parties hereto submit to the sole jurisdiction of English courts
OWNERSHIP
22 Ownership in the furniture shall at all times belong to the Company until payment in full is received by the Company. The Purchaser hereby agrees access to the company at all reasonable times in connection herewith