Terms and Conditions
CONDITIONS OF SALE STORMER DESIGNS
- All business transacted by designs, is governed by the following terms. There shall be no variation of these conditions by any buyer.
- Any period for delivery extended by the seller should unforeseen circumstances arise however he must act reasonably and use his best endeavors to comply with any proposed agreed delivery date. Shall take delivery within that period.
- Any time or date for delivery named by the Seller is an estimate only, and the Seller shall not be liable for the consequences of any delay.
- Stormer Designs kitchen furniture is guaranteed against faulty workmanship and materials for two calendar years from date of purchase by the Buyer. Any article covered by such guarantee and returned to the Seller within two calendar years of the sale hereof, the Seller will at his own cost return the faulty article from the Seller’s principle place of business to the manufacturer for repair or replacement and returned to the Buyer as soon as reasonably possible. Subject as aforesaid all expressed or implied warranties or conditions statutory or otherwise as to quality or fitness for any purpose of (the goods hereby sold is expressly excluded. All equipment supplied will be covered by the terms of the manufacturer’s guarantee, if any.
- Deliveries may be wholly or partially suspended and the time of such a suspension added to the original contract in the event of a stoppage, delay or interruption of work in the establishment(s) of the Seller during the delivery period as a result of strikes, lockouts, trade disputes or breakdown, accident or any cause whatsoever beyond the control of the Seller or Buyer respectively.
- The Buyer shall inspect the goods immediately on delivery and shall give notice in writing, without delay to the Seller of any matter or thing by reason whereof he alleges that the goods are not in accordance with the contract. If the Buyer shall fail to give such notice, the said goods shall be deemed to be in all respects in accordance with the contract and the Buyer shall be bound to accept same.
- No claim for damages in transit, shortage of delivery or loss of goods will be entertained unless in the case of damage in transit, or shortage of delivery, a separate notice in writing is given to the Carrier concerned and to the Seller, of the receipt of Goods followed by complete claim in writing within 3 days of receipt for goods, and in the case of loss of goods, notice is given to the Carrier concerned, and to the Seller and a complete claim in writing made within seven days of the date of the Buyer knowing or being in a position reasonably to be expected to know of the condition of the goods.
- Payment for the goods shall be made in the manner following that is:-
(a) A deposit shall be paid as agreed between the Seller and the Buyer but being not less than 10% of the total price inclusive of V.A.T. upon acceptance of this quotation.
(b) The balance of the total price of order confirmation+ inclusive of V.A.T. be payable immediately on notice being given that the goods are ready for delivery by the Seller to the Buyer or as agreed.
- So far as may be permitted by Law, any description as given by the Seller shall not constitute a sale by description. The goods shall be delivered by the Seller to the Buyer at the address given in the order or at such places as the Buyer may reasonably request within the United Kingdom provided that property in the goods shall pass from the Seller to the Buyer on the goods leaving the Seller’s Warehouse.
- In addition to any right of lien to which the Seller may by law be entitled, the Seller shall (in the event of the Buyer’s insolvency) be entitled to a general lien on all goods of the Buyer in the Seller’s possession (although such goods or some of them may have been paid for) for the unpaid price of any goods sold and delivered to the Buyer by the Seller under the same or any other contract.
- In the event of the Buyer failing to pay in accordance with clause 8, interest on the balance outstanding should be added at current NI court rate.
- The Seller reserves the right to accept or refuse orders and the Seller reserves the right to cancel any uncompleted order or to suspend delivery if the purchaser fails to observe or perform any term of the contract of purchase on his part to be observed or performed including payment or if the Seller reasonably believes that he may do so.
- The Seller shall not be liable for any loss, liability claim or proceedings in respect of any injury, loss or damage of whatsoever nature and however caused arising directly out of or in connection with the goods supplied and that the Buyer will indemnify the Seller against any claims by any third party arising directly or indirectly out of the contract
- Where the Buyer «to obtain a Private Loan, i.e. Building Society further advance or Bank Loan etc., the Buyer should make his own arrangements for the balance to be paid on the due date. Failure to comply with payments of the balance on the due date will invalidate the guarantee and entitle the Seller to charge interest on the balance. Outstanding at the current rate of bank lending against overdrafts on current account.
- This contract shall be governed by the laws and jurisdiction of Northern Ireland only.
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