Orders are accepted by Mauve Furniture Limited (hereinafter called the Company) in accordance with the following terms and conditions, which shall form part of and govern the contract between the Company and purchaser. No other terms and conditions put forward by the purchaser shall form part of the contract, unless expressly agreed in writing by the Company.
1. Quotations are provided on the basis of prices ruling at time of quotation which may be subject to variation.
2. The prices payable by the purchaser shall be those ruling at the date of order as specified in the Company’s Confirmation, provided that delivery of the goods is accepted by the purchaser at the Confirmation delivery deadline. Where delivery is not accepted at the Confirmation delivery deadline, the purchaser will be liable for payment of storage, determined by the company.
3. The price payable by the purchaser shall be payable in full without any deduction, discount or retention.
4. A non-refundable deposit of 30% will be paid by the purchaser upon placement of an order. In the event of cancellation, these monies are utilised to pay for materials committed to upon placement of orders.
5. Payment in full is required before despatch of goods.
6. The contract between the Company and the purchaser is not a contract for sale by sample and the conditions implied by Section 15 of The Sale of Goods Act 1979 are hereby expressly excluded. No warranties whatsoever are given that the specification of any goods given will comply with the specifications of any sample in the view of the extent of options and finishes available throughout the Company’s product range. Customers are therefore advised to ensure that the details on the Company’s Confirmation are correct.
7. Whilst the Company will endeavour to ensure that goods and materials are available according to the specification, in the event of goods or materials being unavailable for any cause beyond the reasonable control of the Company, the Company shall be entitled to terminate the contract or to vary the specification of goods to be supplied under the contract.
8. All dimensions are nominal.
9. Until payment has been received in full for all goods supplied under the contract, the full legal and beneficial title to such goods shall remain vested in the company and the purchaser shall hold the same as bailee for and on behalf of the company.
10. The risk of loss or damage to the goods shall pass to the purchaser immediately on delivery.
a. All goods shall be examined carefully by the purchaser immediately on delivery, before the delivery note is signed. Details of any damage, defects or shortages must be recorded by the purchaser on the delivery note. The Company will not accept any liability in respect of shortage, damage or other defect which should have been reasonably apparent upon such examination, unless details thereof are recorded on the delivery note.
b. The Company will not accept any liability in respect of any damage or defect which is not reasonably apparent upon such an examination on delivery unless details thereof are given to the company in writing within seven days of the defect becoming apparent.
11. The extent of the Company’s liability (if any) to the purchaser for any breach or default howsoever arising shall in no case exceed the invoiced value of the goods. The company shall in no circumstances be liable for any loss of profit or any other direct or consequential loss or damage whatsoever suffered by the purchaser as a result of any breach or default or any representation or warranty made by the Company, its servants or agents.
12. In the event of any shortages, damage or defects for which the Company may be liable, it shall have the right to elect at its absolute discretion, to remedy the defect or damage or to replace the shortages, defective or damaged goods or materials or pay for the cost of remedial work or to refund any payment made for the shortages, defective goods or damaged goods in full and final settlement, or any combination thereof.
13. The Company reserves the right to sub-contract the fulfilment of any part of the contract herein including any installation.
14. No variations to the terms and conditions as aforesaid made by any agent or representative of the Company shall be binding on the Company or the purchaser unless such variation shall be expressly agree in writing by the Company.
15. These conditions shall be governed by the Laws of Scotland.