1.1 The “Buyer” means the company, person, firm, or entity which purchases or agrees to purchase the Goods from the Seller.
1.2 The “Seller” means Barrie Jones Upholstery Ltd T/A Beejay & Co, Barrie Jones House Kay Street Openshaw Manchester M11 2DU
1.3 “Conditions” means the Conditions of Sales set out in this document and any special conditions agreed in writing by the Seller.
1.4 “Contract” means the contract or order for the purchase and sale of the Goods.
1.5 “Goods” mean contract furniture and related products supplied by the Seller (including any instalment of the Goods in full or in part thereof) >br>1.6 “Working Day” means the hours between 0900 hours and 1700 hours on any day of the week excluding Saturdays, Sundays and public holidays
2.1 These “Terms and Conditions” do not affect your statutory rights as a consumer.
2.2 All contracts of sale made by the Seller shall be deemed to incorporate these terms and conditions which shall prevail over any other documents or communication from the Buyer.
2.3 If any amendments to these terms and conditions are required it is preferable that they be confirmed in writing.
2.4 Acceptance of delivery of Goods shall be deemed conclusive evidence of the Buyers acceptance of these Conditions.
3.1 In accepting a quote or placing an order for the Goods the Buyer acknowledges that all information and specifications relating to the Goods and any products supplied by the Seller maybe subject to change.
3.2 All orders submitted by the Buyer must be accurate and made in good time to allow the Seller to perform its obligations under the Contract.
3.3 The Seller may make any changes in the specification of the Goods to conform with any statutory or European Union requirements or, where the Goods are to be supplied to the Seller’s specification, which do not materially affect their quality or performance
4.1 The Price shall be that contained in the Seller’s Quotation.
4.2 All Prices are exclusive of VAT which shall be paid in addition.
4.3 Payment is due in full on the terms of credit agreed which shall not be more than 45 days from the date of invoice. Time for payment shall be of the essence and any failure to pay shall entitle the Seller at its option to treat the Contract as repudiated by the Buyer or to delay delivery until paid.
4.4 If any act of proceedings shall be commenced in which the Buyer’s solvency is concerned, all monies under any transaction covered by these Conditions shall become immediately due and payable.
5.1 Products supplied within the UK will normally be delivered within 3 to 4 working weeks of receipt of order.
5.2 Where a specific delivery date has been agreed, and if this delivery date cannot be met the Buyer will be given the option to agree a new delivery date.
5.3 Whilst every reasonable effort shall be made to keep any delivery date, time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any other person or Company arising directly or indirectly out of any failure to meet an estimated delivery date.
5.4 Delivery of the Goods shall be made to the delivery address stated on the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
6.1 The risk of loss or damage to the Goods shall pass to the Buyer upon delivery of the Goods or upon the Goods being appropriated to the Buyer but kept at the Seller’s premises at the Buyer’s request.
6.2 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller within a reasonable time of delivery if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do this he is deemed to have accepted the Goods.
6.3 Any Goods in respect of which any claim of defect or damage is made shall be preserved by the Buyer intact at the Buyer’s risk and retained by the Buyer for a reasonable period to enable the Seller of its agents to inspect or Collect the Goods.
7.1 The Seller remains the owner of the Goods affected by the Contract until the Seller has been paid in full for such Goods.
7.2 Until ownership in the Goods passes to the Buyer, the Seller may require the Buyer to deliver the Goods to the Seller and, if the Buyer fails to do so immediately, the Seller may enter any premises where the Goods are reasonably thought to be stored and repossess the Goods.
7.3 If the Seller recovers the Goods it may resell the Goods. If the proceeds of sale are more than the amount due to the Seller from the Buyer the Seller may use the balance to pay the costs of taking possession and selling the Goods. If on resale the proceeds of sale are less than the amount due to the Seller, the Seller may recover the shortfall from the Buyer.
8.1 The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller. Except where the Buyer is dealing as a consumer (as defined in the Unfair Contract Terms Act 1977, Section 12) all other warranties, conditions or terms relating to fitness for purpose, merchantability or condition of the Goods, whether implied by Statute, Common Law or otherwise are excluded and the Buyer is satisfied as to the suitability of the Goods for the Buyer’s purpose.
8.2 We provide a warranty that on delivery and for a period of 12 months from delivery, the products shall be free from material defects.
However this warranty does not apply in the circumstances described below:
a. fair wear and tear
b.Wilful damage, abnormal storage or working conditions, accident, negligence by you or
by a third party.
c.Any alteration or repair by you or by a third party who is not one of our authorised repairers
9.1 In the event that the Seller is prevented from carrying out its obligations under a contract for sale as a result of any cause beyond its control such as but not limited to Acts of God, War, Strikes, Lock-outs, Flood and Failure of third parties to deliver goods, the Seller shall be relieved of its obligations and liabilities under such contract for sale for as long as such fulfillment is prevented.
10.1 The Seller’s failure to insist upon strict performance of any provision of these Conditions shall be deemed to be a waiver of its rights or remedies in respect of any present or future default of the Buyer in performance or compliance with any of these conditions.
11.1 Except as may be implied by law where the Buyer is dealing as a consumer, in the event of any breach of these Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential damage.
12.1 If you have a complaint about our service or any goods or services you purchase from Barrie Jones Upholsterers Ltd then please contact us immediately. You will be contacted as soon as possible and definitely within 24 hours of our hearing from you (except weekends and bank holidays)
12.2 All complaints will be dealt with in a fair and confidential manner.
13.1 Any contracts shall in all respects be construed and operate as an English contract and in conformity with English law.
13.2 If any part of these terms and conditions that is not fundamental is found to be illegal or unenforceable, such finding will not affect the validity or enforceability of the remainder of these terms and conditions.