“The seller” means ASR Interiors Ltd “The buyer” means the person firm or company which places the order with the seller.
(a) Proforma Invoice
(b) Payment COD(*Cash–Not Cheque) (Also see Conditions on Customer Detail Form)
(c) BACS / CHAPS Payment. Receipts of bank transfers must be faxed and only when cleared funds are received will the invoice be deemed paid. All export orders must be paid in Sterling.
(d) Debit/Credit Card (there may be a charge when using a Credit Card)
(e) Cheques returned unpaid will carry an administrative charge of £50
*To comply with current legislation, cash cannot be accepted for orders in excess of £9,000 (inclusive of VAT).
ALL PRICES EXCLUDE VAT.
Orders can be placed via telephone, fax, e-mail, our website or by post. It would be appreciated if all verbal orders are confirmed in writing to ensure that your exact requirements are met, this is a mandatory requirement for all export orders.
3. Minimum Order Value:
Minimum order carriage paid £500 – £750 (depending on area) excluding VAT. Minimum order carriage paid for Scotland is £750.
4. Delivery Arrangements:
All orders above minimum value will endeavour to be delivered in 7-10 days. Our deliveries are planned on a week-to-week basis and we always contact you to book in delivery at least a day before.
Upon booking in, we will confirm exactly which items are being delivered and you will be given the total amount for our driver to collect. If it is not possible for you to have payment available for our driver, please advise us at the time we phone to book in the delivery, so that we can arrange an alternative delivery date.
Please note we are unable to deliver to private addresses.We endeavor to deliver as soon as possible a er receipt of order, but, as this is variable, please always check current delivery time when placing order.
It is the customer’s responsibility to provide sta to aid the delivery driver to unload stock at the point of delivery. ASR Interiors drivers are not insured to work on customer’s premises
If any item(s) has to be returned/ exchanged, please ensure it is in its original packaging. Notify us immediately with full details of the reason for the exchange and the invoice number against which the goods were purchased. It would also be very helpful if you could quote the ‘SPV/
Please note our Drivers are not authorised to accept ‘Returns’ unless instructed to do so by our Sales Department, and A Sales cannot give this instruction unless you, the customer, has advised them accordingly.
6. Labelling (Glass):
(a) All furniture incorporating glass is clearly and permanently marked in accordance with BS 7376:2004.
(b) All glass is toughened.
(c) Additional safety information is supplied in the Assembly Instructions and on the Important Information Label. In the event that you, as a Retailer, assembles a product for sale the Important Information Label must remain fixed to the product and the Assembly Instructions presented to the consumer at point of sale.
7. Change Terms and Conditions:
We have right to change our Terms and Conditions to reflect our business, changes in the environment, relevant laws, market conditions and our infrastructure.
8. Customer Services:
Please email us at: firstname.lastname@example.org or email@example.com Calls may be recorded for training and quality purposes.
9. Delivery charges are included
in the price except where otherwise stated. Goods are not accepted by the seller for return from the buyer without the prior consent of the seller in writing. Payment shall be made in accordance with the terms agreed between the seller and the buyer and in the event of late payment the seller shall be entitled to interest on the amount outstanding at the rate of 4% above the base rate of Barclays Bank PLC from time to time in force calculated from day to day.
10. Any claims from goods originating from outside the UK will be handled on an individual basis, with subsequent decision(s) at the discretion of the seller. If the buyer requires replacement goods whilst a claim is being inspected by the seller the buyer shall purchase said goods. If the seller accepts the buyer’s claim then the buyer shall receive full credit against the claim.
11. The goods shall be at the buyer’s risk from the time of delivery to the buyer’s premises or to such other destination as notified to the seller on the order.
(a) Title to the goods shall not pass to the buyer until the seller has received payment in full (in cash or cleared funds) for:
(i) the goods; and
(ii) any other goods that the seller has supplied to the buyer in respect of which payment has become due.
12. Limitation of liability:
THE BUYER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
(a) Nothing in these conditions shall limit or exclude the seller’s liability for:
(i) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
(ii) fraud or fraudulent misrepresentation;
(iii) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
(iv) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or (v) defective products under the Consumer Protection Act 1987.
(b) Subject to clause 14 (a):
(i) the seller shall under no circumstances whatever be liable
to the buyer, whether in contract, tort (including negligence), breach
of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the contract ; and (ii) the seller’s total liability to the buyer in respect of all other losses arising under or in connection with this order, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 125% of the price of goods.
(iii) The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the contract.
(iv) This clause 14 shall survive termination of the Contract.
13. ALL GOODS ARE SOLD AND/OR HELD OUT FOR SALE ON THE BASIS THAT THE INTENDED PURPOSE OF THE GOODS IS FOR DOMESTIC USAGE.
14. ALL WARRANTIES ARE EXPRESSLY EXCLUDED TO THE FULLEST EXTENT ALLOWED BY THE LAW IN CIRCUMSTANCES WHERE THE GOODS ARE SOLD ON BY THE BUYER FOR USE IN A COMMERCIAL APPLICATION AND/OR PURPOSE E.G. TABLES AND CHAIR BEING USED IN A RESTAURANT.
15. IF YOU HAVE NOT TRADED WITH US FOR 12 MONTHS, YOU MUST COMPLETE A NEW CUSTOMER DETAIL FORM (CDF).
16. WE RESERVE THE RIGHT TO INCREASE PRICES ON IMPORTED GOODS AT SHORT NOTICE IF APPROPRIATE.
17. This contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.
18. Unless otherwise agreed in writing by the seller these conditions which supersede any earlier conditions appearing in the seller’s catalogue or elsewhere shall override any terms and conditions stipulated incorporated or referred to by the buyer whether in the order or in any negotiations and all guarantees warranties or conditions (including any conditions as to quality or fitness for particular purpose) whether express or implied by Statute Common Law or otherwise are excluded and hereby negated (save where such exclusions are prohibited by the Unfair Contract Terms Act 1977).
(a) “The goods” means the articles or things or any of them described in the order.
(b) “The order” means the order placed by the buyer for the supply of the goods.
19. All descriptions specifications drawings and particulars of weights dimensions and materials have been given by way of identification only and the use of such information shall not constitute a sale by description. The seller’s employees and agents have no authority to make any representation statement or report not contained in or incorporated into the quotation by the seller and the seller shall not be bound by the driver shall also record the container Seal Number and whether “Seal Broken” or “Seal Intact” on delivery. Video checking to establish any shortages is only possible if the shortage is reported to Sales Sta within 48 hours of delivery/collection of goods.
As all money due to the seller has been paid to the seller. The buyer acknowledges that it is in possession of all such goods as bailee for the seller until such time as they become the property of the seller under paragraph 12(a);
any unauthorized representation statement or report if the seller adopts any changes in construction design or specification of its products the buyer shall accept the product so changed in fulfillment of the order.
20. The seller warrants that on delivery, and for a period of 12 months from the date of delivery to (warranty period), the goods shall:
(a) be free from material defects in design, material and workmanship; and
(b) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
(c) be fit for any purpose held out by the seller i.e. domestic furniture.
21. Subject to clause 11 if:
(a) Until the goods become the property of the buyer the buyer undertakes to store such goods on its own premises separately from its own goods or those of any other person and in a manner which makes them readily identifiable as the seller’s goods;
(b) The buyer’s right to possession of such goods shall cease if it does anything or fails to do anything which would entitle a receiver to take possession of its assets or which would entitle any person to present a petition for the winding up or bankruptcy of the buyer.
(c) The seller may for the purpose of examination or recovery of its goods enter upon any premises where they are stored or where they are reasonably thought to be stored.
(d) In the event that the buyer purports to sell all or part of such goods before the property therein passes to the buyer the entire proceeds of such purported sale shall be held in trust for the seller and shall not be mingled with any other money or paid into any overdrawn bank account and shall at all times be identifiable as the seller’s money.
(e) The buyer warrants that it is not at the time of entering into this agreement insolvent, and knows of no circumstances which would entitle any creditor to appoint a receiver or to petition for winding up or bankruptcy or to exercise any other rights over or against its assets.
22. To comply with current legislation, cash cannot be accepted for orders in excess of £10,000 (inclusive of VAT).
23. The seller will notify the buyer orally or in writing of the arrival of the goods at the premises of the seller and the buyer shall agree to a specified date for delivery of such goods. In the event that the buyer fails to o load the goods within 30 minutes (or within 3 hours in the case of a delivery of a container) of their arrival at the buyer’s premises or such other destination as notified to the seller in the order at the time so specified the buyer shall be liable to the seller for the additional costs incurred by the seller. The seller shall not be liable to the buyer for any damage or loss arising directly or indirectly from any delay in delivery order price for all goods actually delivered notwithstanding minor discrepancies between the quantities ordered and the quantities delivered. The seller may at its absolute discretion dispatch and invoice part orders. If goods are returned because ordered in error or not required, the seller reserves the right to apply a handling charge of 20% of the value of goods thus returned. In this instance, future orders will only be supplied on a proforma basis. The seller does not accept returns from buyers who sell on-line and any spares etc., required by the buyer must be purchased.
(a) the buyer gives notice in writing to the seller during the warranty period within a reasonable time of discovery that some or all of
(b) the seller does not guarantee the exact quantity of goods so delivered and the buyer shall accept and pay in full at the
(c) the seller is given a reasonable opportunity of examining such goods; and
(d) the buyer (if asked to do so by the seller) returns such goods to the seller’s place of business, the seller shall, at its option, repair or replace the defective goods, or refund the price of the defective goods in full.
24. The seller shall not be liable for goods’ failure to comply with the warranty set out in clause 9 in any of the following events:
(a) the defect arises because the buyer or its customer failed to follow the seller’s oral or written instructions as to the storage, commissioning, installation, use and maintenance of the goods or (if there are none) good trade practice regarding the same;
(b) the buyer or its customer alters or repairs such goods without the written consent of the Supplier;
(c) the defect arises as a result of fair wear and tear, willful damage, negligence, or abnormal storage or working conditions.