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Conditions of Sale
1 .DEFINITIONS
1.1 "Buyer" means the party agreeing to place an order for goods or services and who is responsible for paying or agreeing to buy Goods or Services
1.2 "Contract" means a contract between the Seller and the Buyer formed by placing an order, or on delivery of goods or services
1.3 "Goods" or "Services" means any goods or services supplied by the Seller
1.4 "Seller" means Richard Heath Furniture Ltd
2 .GENERAL
2.1 A Contract will be made when the Buyer places an order by telephone, electronic communication, facsimile, E-mail or by post, which is accepted by the Seller
2.2 These terms and conditions will apply to the Contract and no terms or conditions proposed by the Buyer nor any variation will be effective unless signed by the Seller. No employee of the Seller (other than a Director) has the authority to make any statement or representation relating to the subject-matter of the Contract.
2.3 Where the Buyer is entering into the Contract as an agent on behalf of a client, both the agent and the client will be jointly and severally liable as Buyer under the Contract.
3. PAYMENT
3.1 IRELAND (north & south) :- New customers PROFORMA, for first three transactions thereafter CASH.ON.DELIVERY PAYMENT CHEQUES NOT ACCEPTED .
PAYMENT UK STRICTLY PROFORMA.
3.2 A delivery charge may be imposed at the Sellers discretion
3.3 Failure to pay on delivery means that all amounts owing to the Seller become due immediately
3.4 Overdue accounts may be refused delivery at the Seller's discretion
3.5 The Seller reserves the right to charge interest on a daily basis on all overdue accounts. The rate to be 8% over the base lending rate from time to time from the date of delivery.
3.6 Buyer's shall be charged £20/€30 for any payment tendered for goods supplied which is subsequently dishonoured, stopped or refused by their Bank or Building Society
4. GOODS: RETENTION OF TITLE
4.1 Goods shall remain the Seller's property until the Buyer has paid for them in full. Until that time the Buyer will store all items in such a way that they can be identified as the Seller's property.
4.2 Risk in the goods shall pass to the Buyer at the point of delivery. Title for the goods shall not pass until such time as the goods have been paid for in full.
4.3 Where accounts have not been settled the Seller reserves the right to enter the Buyers property to retrieve such goods which the Buyer will make available to the Seller and the Buyer hereby grants the Seller, his agents and empoyees an irrevocable licence to enter any premises where such Goods are stored in order to repossess them or inspect tem at any time.
5. SELLER'S WARRANTIES
5.1 The Buyer shall inspect the goods and must notify the Seller within 48 hours of delivery of any claim for shortages or damages, failing which the goods shall be conclusively presumed to have been received and accepted by the buyer
5.2 The Seller will repair or replace any Goods found to be defective if notified and paperwork is completed within 48 hours of delivery to the buyer.
All other conditions, warranties or other undertakings concerned with goods or services, whether express or implied by statute, common law, custom, usage or otherwise are excluded for the Contract.
5.3 If the Buyer deals as a consumer as defined in S.12 of the Unfair Contract Terms Act 1977 the provisions in clause 6 shall not apply and the Buyer's statutory rights shall be unaffected.
5.4 The Seller will not be held liable for any errors, misprints or omission in the printing of any brochure or promotional material.
5.5 The Seller reserves the right to make any design alterations, colour, dimensions and price changes without prior notification.
6. SELLER'S LIMITATION OF LIABILITY
6.1 In no circumstances will the Seller's total liability to the Buyer for any loss of profit, business, contracts, revenues or anticipated savings or for special, direct, indirect or consequential loss of any dature whatsoever, in contract or tort (including negligence or breach of statutory duty save in cases of death or personal injuries) or otherwise howsoever and for whatever reason exceeds the amount of a full refund of any price paid to the Seller for the relevant Goods or Services.
7. GOOD: BUYERS INDEMNITY
7.1 The Buyer agrees to indemnify the Seller against any damages, losses, costs, claims or expenses incurred by the Seller in respect of any claim brought against the Seller by any third party for my loss, injury or damage wholly or partly caused by the Goods or their use but this clause will not require the Buyer to indemnify the Seller against any liability for the Seller's own negligence.
8. SELLER'S RIGHT TO REFUSE
8.1 Whist the Seller will try to meet the Buyer's expressed wishes, the Seller reserves the right to modify or alter any item.
8.2 The Seller reserves the right to refuse or withdraw any item
8.3 Acceptance by the Seller of an order does not confer any right for the Buyer to have a repeat order accepted on similar terms.
9. FORCE MAJEURE
9.1 The Seller shall be under no liability if it shall be unable to carry out any provision of the contract for any reason beyond its control including (without limiting the forgoing) Act fo God, legislation, war, fire, flood, drought, failure to power supply, lock out, strike or other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure material required for the performance of the contract. During the continuance of such a contingency the Buyer may by written notice to the Seller elect to terminate the contract and pay for goods supplied, but subject thereto shall otherwise accept delivery when available.
10. SEVERANCE
10.1 If any provision of these terms shall be held to be illegal or unenforceable, wholly or partially, such term or provision shall to that extent be deemed not to form part of the contract but the validity and enforceability of the remaining terms shall not be affected.
11. Delivery Charges
11.1 Orders under €1500 exc Vat €60 charge
orders over €1500 exc vat €20 charge
Uk delivery charges please contact office.
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