DELIVERY & RETURNS
1.1 The Seller will endeavour to deliver the Goods to the place and on the date specified by the Customer; any specified delivery date/time shall be an estimate and shall not be of essence of the Contract unless expressly agreed by the parties in writing.
1.2 The Seller shall be entitled to deliver the Goods by instalments and to treat each delivery as a contract that may be invoiced separately. If payment in full is not made to the Seller at the proper time for orders, which have already been delivered, then the Seller may withhold or cancel delivery of any other of the Customer’s orders, which have not yet been delivered.
1.3 The Seller shall not be liable in any way for any losses, damages or expenses (whether direct, indirect or consequential or otherwise) suffered by the Customer due to delay or any failure to deliver the Goods to the place and by the date stated by the Customer.
1.4 Goods will be delivered to the delivery address supplied by the Customer. The Customer shall be considered to have given authority to accept a delivery on his or her behalf to any person who actually accepts delivery at the delivery address.
1.5 If the Seller, or any agent acting on the Seller’s behalf, cannot deliver to the delivery address then they may either store the Goods and deliver them at a later date or return the Goods to stock and deliver similar Goods later.
1.6 The Customer is obliged to provide adequate labour and facilities at the delivery or collection address to load or unload the Goods without undue delay. The Seller will require compensation for any loss suffered arising from delivery or collection or non-delivery or non-collection of the Goods. If it is not the fault of the Seller (or its agent) that any delivery or collection is delayed or cannot be carried out, the Seller reserves the right to charge the Customer for any extra costs incurred.
Action upon delivery
2.1 The Customer shall inspect the Goods immediately on delivery and no claim for any picking error, any shortage or any other error in delivery which would be evident on inspection will be considered unless the Seller is notified in writing quoting the delivery note or invoice number within 2 Working Days after date of delivery. If Goods have been damaged or supplied short, the Customer must keep those goods in one place, separate from any other goods, and allow the Seller to inspect them if he so wishes before the Seller decides what action to take.
2.2 Any claims for non-delivery of Goods shall not be considered unless notified to the Seller by the Customer in writing within 2 Working Days of the date of invoice.
2.3 In the absence of any such notification in accordance with 7.1 or 7.2 the Seller shall be deemed to have delivered the Goods and payment in full shall become due in accordance with Condition 5.
Damage in transit
3.1 Goods damaged in transit must be reported immediately by signing the delivery note ‘Damaged on arrival’ and reporting the damage to the Seller within 2 Working Days of delivery; any damaged Goods must be retained by the Customer for inspection.
3.2 If the delivery note is signed without the comment ‘Damaged on arrival’ the Seller cannot be held responsible for damages in transit.
4.1 Other than picking errors, shortages, damages or warranty claims, all other return requests are agreed solely at the Seller’s discretion and must be agreed within 30 days of delivery. Goods may be returned subject to them being received in a re-saleable condition and may be subject to a re-stocking fee. All furniture returned shall be subject to a restocking fee of the minimum of 30% of the value of the goods.
4.2 All returns must be authorised by the Supplier and the Customer should obtain a collection reference. All returns must be arranged by the Seller. The Goods must be in the original manufacturer’s packaging, in the same condition in which it was received and protected by an outer box and returned together with the appropriate documentation as instructed by the Seller when organising the return. The Customer should retain a copy of the Seller’s agent’s/carrier’s collection note. In all circumstances, unless otherwise agreed by the Seller in writing, the Customer shall be responsible for the carriage cost of returning the Goods to the Seller.
4.3 The Seller has absolute discretion to accept the return of any of the Goods supplied to but not required by the Customer (upon such terms in respect of a handling charge or otherwise as the Seller may, in its absolute discretion, elect to apply) and to issue a credit note in respect thereof.
4.4 The Customer may not return Bespoke Goods or any Goods marked as non-returnable in the Seller Catalogue.
Warranties and liabilities – THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO CLAUSE 5.6
5.1 The Seller is not the manufacturer of any of the Goods. Other than as expressly set forth in these Conditions, any warranty with respect to the Goods will come from the manufacturer of the Goods. The Seller will pass through to the Customer any applicable manufacturer warranties on the Goods, to the extent transferable.
5.2 The Seller warrants that the Goods will be free from defects in materials and workmanship at delivery, and suitable for the purpose for which they are designed under fair conditions, and thereafter the manufacturer’s warranty conditions will apply. The Goods are designed for the purpose described in this catalogue and any trade literature and are subject to any limitations described therein.
5.3 If any Goods do not comply with the warranty at Condition 10.2, the Customer shall inform the Seller as soon as possible and no later than 30 days from delivery. The Customer will retain the Goods and packaging for inspection and shall return the Goods in accordance with Condition 4.2 above. The Seller’s delivery driver(s) / carrier(s) have no authority to accept Goods for return unless the Seller has agreed to accept a return in advance in accordance with this Condition and Condition 4.2.
5.4 This warranty is subject to the Seller being under no liability for any defect(s) in the Customer’s design or requirements; or arising from wear and tear, wilful damage, negligence, failure to follow instructions, misuse, or if the full price has not been paid to the Seller.
5.4 All other warranties expressed or implied are expressly excluded to the extent permitted by law.
5.5 The Seller’s sole liability under this warranty shall be limited to the replacement, free repair or issue of credit against any Goods acknowledged by the Seller to be faulty, provided that such faults have not been caused by the Customer’s misuse of the Goods or negligent handling of them.
5.6 If the Customer returns the Goods in order to make a claim under clause 10.3 above and those Goods turn out to be, in the Seller’s opinion, fault free or damaged by reason of the Customer’s misuse or negligent handling of them, then the Seller will send the Goods back to the Customer and charge the Customer for carriage and administration costs. The Customer will remain liable to pay for the Goods in full.
5.7 Except for (i) death or personal injury caused by the Seller; and / or (ii) fraud or fraudulent misrepresentations, the Seller shall not be liable by any reason of any representation, implied warranty, condition or other term or duty at common law, for any indirect or consequential loss or damage, costs or expenses of whatever nature which arise from the supply of Goods or their use or resale unless expressly provided in these Conditions.