In these Conditions of Sale “the Company” means Montpellier Interiors Classics Ltd and “Customer” means the person, or firm or company purchasing the goods or services from the Company under these conditions of sale.
“Goods” means the products, articles or things to be sold by the Company.
“Services” means any services provided by the Company to the Buyer (whether or not the Buyer shall purchase Goods or not).
- Acceptance, Variation and Scope
(a) Contracts will not come into effect between the Company and the Customer until the Company in writing has accepted the Customer’s order. Any such contract shall be subject to these Conditions and any attempt by the Customer to incorporate other terms and conditions shall be null and void and of no legal effect.
(b) No variation of the Conditions shall be effective unless made in writing and signed by an authorised officer or employee of the Company; at the request of the Customer the Company will verify whether any named individual has the requisite authority. Any variation made in this way shall be effective, as shall a variation contained in the confirmation issued by the Company of acceptance by it of the Customer’s order.
- The Right to Sub-Contract
The Company shall be entitled to sub-contract the performance of the whole or part of the contract with the Customer without prior notice to the Customer.
- Availability, Delivery, Storage and Fitting
(a) Acceptance and Completion of an order is subject always to the goods which have been ordered being available and the Company shall be under no liability for delay or non-performance caused either by the goods not being available or by any other circumstances beyond the Company’s control.
(b) Time of delivery of the goods and/or installation (including replacement) is not to be the essence of any contract. Any date for delivery and/or installation given by the company is the best estimate that can be made and the company shall not be liable for any loss or damage (whether direct or consequential) caused by delivery or fitting being after any quote date.
(c) When “delivered” prices are quoted these cover delivery on hard road or public highway to the relevant premises; the Customer will be responsible for unloading and for any further delivery involved.
(d) All goods are sold on the understanding that the Customer accepts delivery no more than 28 days after their arrival at the Company’s premises. Thereafter a weekly storage charge will be levied at the Company’s current rates.
(e) If the specified stone can not be obtained through normal channels or has natural defects that render it unsuitable for the production of the required items the Company reserves the right to supply an alternative species of stone. The Customer may select the alternative from samples held by the Company and the contract price will not be varied if the cost price of the alternative material is within 15% of the cost price of the material originally specified.
The Company reserves the right to vary the contract price (whether in respect of sale and/or installation) at any time to take account of –
(a) Any increase in the cost price of the goods taking effect before despatch by the Company.
(b) Any alteration made in the specification upon which the contract is based.
(c) Any costs for waiting time or other expenses incurred by the Company as a result of matters beyond its control.
(d) Special deliveries or part deliveries or any other variation of the original order made at the request of the Customer.
(e) Any additional work, which is required by any aspect of the state or condition of the customer’s premises unless the Company was aware of such respect when its quotation was given.
(f) Any extra cost borne by the Company as a result of any Government legislation. EEC regulation or the effects of devaluation, flotation of the pound or fluctuation in the exchange currency rate.
(a) THE EMPLOYEES OF THE COMPANY ARE NOT AUTHORISED TO MAKE ORAL REPRESENTATIONS AS TO THE DESCRIPTION, QUALITY OR FITNESS FOR ANY PURPOSE OF ANY GOODS NOR AS TO THEIR SUITABILITY OR INSTALLATION IN ANY PREMISES SPECIFIED BY THE CUSTOMER.
(b) All descriptions and other information contained in sales literature, advertisements and estimates are based on information received from the Company’s suppliers and the Company cannot be held responsible for any inaccuracies in their information passed on in good faith.
- Designs etc.
(a) Designs, illustrations, drawings and the like whether contained in the Company’s specifications or otherwise must be regarded as approximate representations only. The Customer’s attention is drawn to the conditions specified on the Company’s drawings and specifications. The Customer must satisfy himself/herself/itself that the goods are fit for the Customer’s purpose.
(b) Where the Company has undertaken to offer a design service the drawings shall remain the property of the Company until a Contract for Sale is made between the Company and the Customer or an agreed design fee has been paid in full.
- General Liabilities
Irrespective of any insurance taken out by the Company the Customer should advise his/her/its insurers that works are being carried out on the Customer’s property and satisfy himself/herself/itself that there is adequate cover against loss or damage by fire and other risks arising out of or during the delivery of goods or the progress of work undertaken by the Company and any associated subcontractor whether the Customer be the freeholder, the lessee or mortgagee of the property. Unless otherwise expressly agreed the Company is not liable for any loss or damage whatsoever the works, materials on site or any property of the Customer howsoever or whensoever caused.
- Access and Display
(a) The Customer agrees to provide unimpeded access for the employees and vehicles of the Company, its sub-contractors and carriers on or into the Customer’s property for the purpose of delivering goods to the Customer or for any related purpose.
(b) When goods are supplied by the Company for installation on the Customer’s property the Customer agrees to permit the Company (or its suppliers or any person, firm or company installing the goods) at its own expense to erect or have erected outside the Customer’s property a billboard displaying such information as the Company shall decide. Such billboard may be erected at any time after delivery of the goods and shall not be removed until the installation has been completed.
All goods supplied by the Company are to be at the Customer’s risk with effect from delivery by the Company at the relevant premises
The property in goods supplied by the Company shall not pass to the Customer until the full amount payable in respect thereof has been paid, such retention of title shall be no ground for the Customer to fail to complete the purchase. At any time after default by the Customer in paying for the goods supplied on a demand by the Company any goods for which the Company has not received payment in full shall be returned to the Company. The Customer hereby gives a licence to the Company and/or its suppliers to enter on any premises of the Customer for the purpose of removing any such goods in any such event.
- Faulty Goods and Defects and Faulty Installation
(a) If the Customer “deals as consumer” (as defined by Section 12 of the Unfair Contract Terms Act 1977) he is entitled to a number of non-excludable rights under the Sale of Goods Act 1979. Nothing in this clause is intended to restrict or exclude those rights in any way.
(b) The Company will only supply and use materials and goods within the scope of the published specifications from the relevant manufacturers or suppliers but the goods are supplied subject to any conditions of sale relating thereto by the relevant manufacturer or supplier. In the event of any materials or goods being faulty the Company’s own financial liability in respect of such faults will be limited to such amount (if any) as it may be able to recover from the manufacturer or supplier. However (subject to the provisions of sub-clause (d) below), in the event of any item of goods supplied proving defective in material or workmanship the Company will (at its option) repair or replace such item free of charge, provided that a complaint is made by the Customer within a reasonable time after delivery and provided also that, where the goods have been used or fixed, the defect is not such that examination by the Customer ought to have revealed it before using or fixing.
(c) No responsibility can be accepted by the Company for breakages or shortages unless the goods are signed for as broken or short on the delivery sheet or delivery document issued by the Company to its drivers. In the case of goods consigned by rail or through road hauliers, breakages or shortages must be notified by the Customer to the relevant carrier direct in writing within 48 hours of and to the Company within three days from delivery. Non-delivery must be notified in writing to the Company and (if appropriate) the relevant carrier within 14 days of despatch. In all cases of notification time is of the essence.
(d) The Company cannot under any circumstances accept the return of tiles and other wall and floor fittings for credit due to colour shading and other technical problems, which prevent their re-sale.
- Terms of Payment
(a) Terms of payment shall be such as may be agreed between the Company and the Customer (and as shall be stated in the Confirmation issued by the Company of acceptance by it of the Customer’s order).
(b) If the Customer fails to pay an amount on the due date the outstanding sum shall carry interest at the annual rate of 3% above the London Inter Bank Overnight Rate from time to time calculated on a daily basis until payment.
(c) If it is agreed that the contract price shall be payable by instalments, in the event of a failure by the Customer to pay any instalment on the due date the whole of the balance of the price shall become due and payable forthwith and the provisions of sub-clause (b) above shall, accordingly, apply to the whole of the outstanding balance of the price.
(d) In the case of death, permanent incapacity, bankruptcy or insolvency of the Customer or, when the Customer is a limited company, in the case of a liquidation or the appointment of a receiver, the outstanding balance of the purchase price of all goods invoiced and/or delivered by the Company to the Customer prior to the date of the relevant event shall immediately become due and payable from the Customer to the Company.
(e) On the happening of any of the events specified in sub-clauses (b), (c) or (d) above the Company (in addition and without prejudice to its other rights referred to in this clause) will have the right to cancel every contract made with the Customer and/or to suspend or continue delivery of goods and materials at the Company’s option (even if goods are to be supplied under R.I.B.A. or other similar contract terms) without prejudice to the Company’s right to recover damages for any loss sustained by it.
(f) If the Company or its sub-contractors shall cause any damage to goods during the installation of any such goods on the Customer’s property the customer shall be entitled to deduct from the price payable in respect of such installation an amount equal to the value of the damaged item or items. However, the Customer shall not be entitled to make any further deduction from nor to withhold such payment on account of such damage.
(g) Account Customers – All agreed purchasing rebate will be forfeited in the event of the customer not complying with the agreed account terms of payment.
Should at any time the law change in relation to VAT, or the interpretation of the law by HM Revenue & Customs change or for any other reason in the event of HM Revenue and Customs ruling that VAT is chargeable on invoices the Company zero rated the Company reserve the right to collect the tax due from the Customer at any subsequent date.
- Instalment Deliveries
Where goods contracted for are deliverable by instalments each delivery shall be deemed to be the subject of a separate enforceable contract.
- Packing and returnable empties
All returnable packages and packing materials will be charged to the Customer on the relevant invoice. If the Customer returns them to the Company, adequately identified, carriage paid and in good condition, the Company will subsequently give full credit. After 90 days from the date of the relevant invoice, however, packages will not be accepted back by the Company and if they are returned, no credit will be allowed.
- Bye-Laws and Regulations
It is the Customer’s responsibility to ensure and satisfy himself/herself that the goods to be supplied comply with all relevant local byelaws and/or regulations. The Company cannot accept any responsibility or liability relating to or arising from any failure in such compliance.
- Proper Law
All contracts between the Company and the Customer shall be construed in all respects in accordance with the laws of England
The Company shall make good by reimbursement of the whole or part of the price or at its option by repair or by replacement any defect developing under normal use of the Goods or Services, provided that the defect in question shall have appeared within 12 months after the Buyer shall have taken possession of the Goods or the Services were provided and shall have thereupon promptly notified the Company in writing, and any Goods alleged to be defective shall, if so required by the Company, be made available for collection by the Company. If the Goods are found to be defective any return carriage, delivery expenses and/or direct and predictable reasonable expenses incurred solely due to defective goods will be reimbursed to the Buyer upon provision of evidence of such expense. In the event of the Goods not being defective the Buyer will be liable to reimburse the Company any reasonable expenses or costs incurred by the Company and/or it’s agents. The Company shall not be liable for any claim or claims relating to any breach of warranty expressed or implied, brought after 12 months of the date of delivery. Extended warranties beyond 12 months is the responsibility of the manufacturer. Only directors of the Company are authorised to extend warranties and offers must be in writing and signed by a director of the Company.
- Cancelled orders
The Company reserves the right to charge the Customer for any reasonable cost incurred if the Customer cancels an order and where a deposit has been paid by the Customer the Company will deduct these costs from the deposit.
Last update 2014 06 13