Quality products for your bedroom, home office, lounge and living room
1.1 In these Conditions:
“Buyer” means the person who accepts a quotation from the Company for the sale of Goods or whose order for the Goods is accepted by the Company.
“Goods” means the goods which the company is to supply in accordance with these Conditions.
“Company” means Refresh Interiors.
“Conditions” means the standard terms and conditions of sale set out in this document and includes any special terms and conditions agreed in writing between the Buyer and the Company.
“Contract” means the contract for the buying and selling of the Goods in the form of quotations and invoices.
“Writing” includes facsimile transmission, email and comparable means of communication.
1.2 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision and changed by subsequent legislation.
1.3 The headings of these Conditions are for convenience only and shall not affect their interpretations.
2. BASIS OF THE SALE
2.1 The Company shall sell and the Buyer shall buy the Goods in accordance with any written quotation or any written order confirmation, or invoice detailing products from the Company to be purchased by the Buyer, or any order of the Buyer which is accepted by the Company, subject in either case of these conditions, which shall govern the Contract to the exclusion of any other terms and conditions.
2.2 No variation to these Conditions shall be binding unless agreed in Writing between the Buyer and the Company.
2.3 The Company’s employees or agents are not authorised to make any representations concerning the Goods unless confirmed by the Company in Writing. In entering into the Contract the Buyer acknowledges that it does not rely on any such representations which are not so confirmed, and agreed not to make a claim for breach of such representations.
2.4 Any advice or recommendation given by the Company or its employees or agents to the Buyer as to the storage, application of use or specification of the Goods which is not confirmed in Writing by the Company is followed or acted upon entirely at the Buyer’s own risk and accordingly the Company shall not be liable for any such advice or recommendation which is not so confirmed.
2.5 Any typographical, clerical or other error or omission in the sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Company shall be subject to correction without any liability on the part of the Company.
2.6 All quotations are valid for the Goods contained there-in, and any Goods omitted from the quotation in error (either by the Company or the Buyer), if still required by the user on or after acceptance of the order by the Company, shall be invoiced for independently of the quotation at the current value.
3. ORDERS AND SPECIFICATIONS
3.1 The Buyer shall be responsible to the Company for ensuring the accuracy of the terms and specifications of any applicable order submitted by the Buyer. The Buyer agrees that the structure, condition and suitability of the premises for the installation are the Buyer’s responsibility.
3.2 The Company reserves the right to make any changes in the specification of the Goods which are required to conform with any applicable requirements or, where the Goods are to be supplied to the Company’s specification, which do not materially affect their quality or performance. The Buyer agrees that the Company may make minor modifications to the specifications for the materials and the design of the Goods at its sole discretion. The company need not tell the Buyer it has done this. If a major modification is necessary, the Company will inform the Buyer and agree the matter with them.
3.3 If for any reason beyond its control, the Company is unable to supply a particular item, the Company will notify the Buyer. The Company will normally replace it with an item of equivalent or superior standard and value.
3.4 No order which has been accepted by the Company may be cancelled by the Buyer except with the agreement in writing of the Company and on terms that the Buyer shall indemnify the Company in full against all losses (including loss of profit), costs (including the cost of labour and all materials used), damages, charges and expenses incurred by the Company as a result of the cancellation.
3.5 Where the Company has agreed to supply the Goods, the Company will ensure that the quality of the Goods supplied will be to a satisfactory standard.
3.6 The company will supply order forms to the Buyer for the purpose of requesting a quotation and/or placing an order. The Company accepts no liability for errors, omissions or mis-interpretations of the Buyer’s requests or specifications when not submitted on the forms provided or when the forms are incorrectly completed by the Buyer.
4. PRICE OF GOODS
4.1 The price of the Goods shall be the Company’s quoted price or, where no price has been quoted (or a quoted price is no longer valid), the price in the Company’s published price list current at the date of acceptance of the order. The Company shall do all it reasonably can to ensure the price quoted at the time of the Contract is correct. However, if the Goods or supply of the Goods have for any reason been under-priced then either party can elect to renegotiate the price, upon the Company notifying the Buyer of the discrepancy. In the event that a new price cannot be agreed then either party is entitled to terminate the Contract, whereupon any monies will be repaid in full. In these circumstances the Company will not make to the Buyer any payment for any loss the Buyer may suffer.
4.2 The price contracted will be inclusive of any applicable value added tax, which the Buyer shall be liable to pay the Company.
5. TERMS OF PAYMENTS
5.1 Subject to any special terms agreed in Writing between the Buyer and the Company, the Company shall be entitled to invoice the Buyer for the price of the Goods and receive payment at point of order by the Buyer.
5.2 Receipts for payment will be issued only upon request.
5.3 In the event that the buyer’s payment does not clear through the company’s bank account, the goods will not be manufactured until payment has cleared. In the event that a staged payment schedule has been agreed between the company and the buyer, resulting in goods being manufactured and full payment not being made and the Buyer fails to make any payment on the correct date then, without prejudice to any other right or remedy available to the Company, the Company shall be entitled on giving reasonable notice) to:
5.3.1 cancel the Contract or suspend deliveries to the Buyer;
5.3.2 charge the Buyer all losses (including loss of profit), costs (including the cost of labour and all materials used), damages, charges and expenses incurred by the Company as a result of the cancellation as well as interest (both before or after any judgement) on the amount unpaid at the rate of 5% above the Bank of England’s base rate, until payment is made (a part of a month being treated as a full month for the purpose of calculating interest);
5.3.3 charge the buyer a fee of £50.00 for the unpaid invoice to cover administration costs incurred.
6.1 Delivery of the Goods shall be made to the premises of the Buyer, or to an alternative location as previously agreed by the Company in Writing.
6.2 The Company will do all that it reasonably can to meet date given for delivery, however any dates quoted for delivery of the Goods are approximate only and the company shall not be liable for any delay in delivery of the Goods howsoever caused. If the Company cannot deliver on time, this is not to be treated as a breach of Contract unless it is previously agreed by the Company in writing to be treated as a breach of Contract. The Company will contact the Buyer and agree an alternative date. In these circumstances the Company will not make the Buyer any payment for loss, whether direct or consequential, that the Buyer might suffer. The Goods may be delivered by the Company earlier than the quoted deliver date as long as it gives reasonable notice to the Buyer.
6.3 Delivery dates by the Company are determined by the Buyer’s geographical location. Should the Company fail to meet a quoted delivery date, then the delivery will be rescheduled to the next available date based upon the Buyer’s geographical location. The Company will have the option of using third-party courier transportation, at the Company’s discretion and if available, to select an alternative delivery date.
6.4 The Buyer agrees to give access to the premises for the purpose of delivery and subsequent visits that may be necessary. The Buyer agrees to assist the delivery agent in the off-loading of the goods, or provide assistance where the Buyer is physically incapable of assisting personally. If no assistance is provided, the Company reserves the right to retain the Goods until a new delivery date can be agreed upon with the Buyer. The Company will charge the buyer to cover the costs incurred for storage and additional delivery.
6.5 If the Buyer does not take delivery of the Goods or refuses delivery (whole or part) with unjustified cause or does not give adequate delivery instructions at the time stated for delivery and it is not beyond the Buyer’s reasonable control or it is not the Company’s fault, then without prejudice to any other right or remedy available to the Company, the Company may:
6.6 Store the Goods until actual delivery and charge the Buyer for the re-delivery of these Goods, as well as reasonable costs (including insurance) and storage charges.
7.1 Any claim by the Buyer which is based on any defect in the quality or the condition of goods, or the failure to correspond within the specification shall be notified to the Company within 24 hours from the date of delivery.
7.2 If the delivery is not refused and the Buyer does not notify the company accordingly or if the Buyer has in any way tampered with the Goods in such a way that they are no longer in the same condition in which they were at the time of delivery, the Buyer shall not be entitled to reject the Goods and the Company shall have no liability for such defect or failure and the Buyer shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract.
7.3 Where any valid claim in respect of any defect in the quality or condition of the Goods or their failure to meet specification in notifying to the Company in accordance with these conditions, the Buyer shall provide photographic evidence of such defect in the first instance upon which the Company will arrange the remanufacture of the Goods in question, the Buyer shall return the Goods in the same condition in which they were delivered to the Buyer, and the Company to replace the Goods or part in question free of charge or at the Company’s sole discretion. The Company shall have no further liability to the Buyer.
7.4 The Company will not be liable for any loss or delays arising from circumstances, including, but not limited to, failure by our own suppliers to deliver on time, goods that are damaged in transit or goods that have to be replaced for any reason.
7.5 It is the responsibility of the Buyer to inspect all Goods and ensure there is no damage or defect and that they meet the specification of the order prior to their permanent installation in a premises. The Company will not be liable for any costs incurred to the Buyer that may result from the Goods not meeting specifications, or where damage or defect is reported once the Goods have been installed.
7.6 Except in respect of death or personal injury caused by the Company’s negligence, the Company shall not be liable to the Buyer by reason of any representation, or any implied term or expressed term of the Contract or any duty at common law for any financial loss, costs, expenses or any other claims for consequential compensation whatsoever (and whether caused by the negligence of the Company, its employees or otherwise) which arise out of or in connection with the supply of goods.
7.7 The Company shall not be liable to the Buyer or be deemed to be in breach of Contract by reason of any delay in performing or any failure to perform, any of the Company’s obligations in relation to the Goods, if the delay or failure was due to any cause beyond the Company’s reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as caused beyond the Company’s reasonable control.
7.7.1 act of god, severe weather conditions, explosion, flood, tempest, fire or accident;
7.7.2 war or threat of war, sabotage, insurrection, civil disturbance or requisition;
7.7.3 acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on any part of any government, parliamentary or local authority;
7.7.4 import or export regulations or embargoes;
7.7.5 strikes, lock-outs or other industrial actions or trade disputes;
7.7.6 difficulties in obtaining raw materials, finished or part finished goods or products, labour, fuel, parts or machinery;
7.7.7 power failure or break down of machinery or vehicles;
7.7.8 delay caused by third party delivery companies
8.1 All products provided by the Company, are warranted for a period of 15 years for all carcases and 5 years for all doors and hardware from the date of delivery. The Company will replace or repair defective goods, at the Company's discretion, free of charge. Where an item is no longer available the Company will offer a substitute. Where the Company replaces defective goods, the Buyer is responsible for the disposal of the defective goods. Any goods which are replaced under warranty, the Company will not be repsonsible for any other consequential costs.
8.2 The Company warrant that the goods will:
8.2.1 be of satisfactory quality within the meaning of the Sale of Goods Act 1979; and
8.2.2 be reasonably fit for purpose.
Any dispute arising under or in connection with these Conditions or the sale of Goods, shall be referred for arbitration by a single arbitrator appointed by agreement or nominated on the application of either part by the President for the time being of the Law Society.
10. GOVERNING LAW
The Contract shall be governed by the laws of England.