|
Terms and Conditions
General
The following terms and conditions apply to all transactions. The placing of an order indicates your acceptance of these terms and conditions. Please read them carefully and print a copy for future reference. These terms and conditions do not affect your statutory rights.
Definitions
“You the Customer” (buyer) a person or company buying or using Advance Seating Designs or supplied third party products or services.
“Advance Seating Designs” (us, our, we, seller, company).
“Product” (goods) as described in order acknowledgement, may include third party products.
“In writing” a communication by courier, post, fax or e-mail.
“Manufactured” goods that have been assembled, built or created.
Special conditions
Quotations
Quotations are only valid in writing and for the period that they state. If unstated, the period is 30 days.
Acceptance of orders
Orders are accepted subject only to these terms and conditions. In the event of customers’ orders containing conditions, such conditions are only binding in so far as they are not inconsistent with our terms and conditions.
Non-acceptance of an order may be a result of one of the following:
• The product you ordered is unavailable from stock or has been discontinued.
• We are unable to obtain authorisation for your payment.
• There is a pricing or product description error either in our, or third party, printed literature, on our web site or in other communication.
If there are any problems with your order, you will be contacted by our Customer Services Representatives.
We reserve the right to reject any offer to purchase by you at any time.
Orders placed on the web site
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Web site.
Colour variations
Whilst every effort is made to ensure parity of colour, we do not guarantee an exact colour match to any description or picture on the web site in our literature, within the same manufactured batch or to match a previous delivery.
Sizes
Sizes (where quoted) are given as a guide only.
Terms
For opened and approved accounts, payment to be made within 30 days of the invoice date. The right is reserved to charge interest at the rate of 2.5% per month or part thereof on all amounts not paid by the due date with any costs of recovery being payable by you. Cheques may only be accepted conditionally.
Delivery
The delivery period (if stated) in the order acknowledgement is approximate. Delivery may be made by instalments. The place of delivery is stated in the order acknowledgement. Title to Product only passes on full payment and until then you must insure them.
It is the customer’s responsibility to provide such assistance as may be required in unloading the merchandise at the place of delivery.
Minimum order value
To meet administrative costs all orders are subject to a minimum net invoice charge including delivery charge and VAT of £8.00.
General conditions
1. Prices
The acceptance of our quoted price includes the acceptance of the following terms and conditions. We may change these Terms and Conditions at our choosing.
2. Validity
We reserve the right to make modifications to product design, construction or price and to withdraw any products quoted or in orders accepted without prior notice.
3. Despatch
The time given for the execution of the order shall be reckoned from the date on which we receive your written order or from the date on which we receive all the information and drawings necessary to enable us to proceed whichever date may be the later. We will use our best endeavours to despatch by the date(s) given, but will not accept any liability for failure to do so unless an undertaking in writing shall have been given by us under an agreed penalty (as liquidated damages) for late despatch, and you have suffered loss by our delay. Should despatch be hindered or delayed by your instructions or lack of instructions or by any cause whatsoever beyond our reasonable control (including strikes, lockouts, fire, accidents or defective materials) a reasonable extension of time shall be granted in the event of work on the order being suspended by your instructions or lack of instructions, the contract price shall be increased to cover any expense incurred by us thereto.
4. Drawings etc.
All illustrations, drawings etc., accompanying our quotation or contained in our catalogues, literature, price lists, web site, e-mails, newsletters or advertisements must be regarded as approximate representations only and are not binding in detail unless stated so to be in our quotation. All weights, measurements, capacities and other particulars of the goods offered by us are stated in good faith as being approximately correct, but small deviations there from shall not invalidate the contract or be made the basis of any claim against us. Errors and omissions are subject to correction.
5. Damage in transit
Should there be any damage to the delivered goods, details must be noted on the delivery documentation when signed for and it will be your responsibility to inform us immediately, but not later than within seven (7) working days. If in doubt, goods must be signed for as unchecked.
6. Incorrect goods
It is your responsibility to notify us of any incorrect goods supplied within two (2) days of delivery. If the items are not what you ordered, you must not open the packaging or use the product(s).
7. Returns
If you are not totally satisfied with your purchase, you can return it within seven (7) days from date of invoice for a refund (excluding delivery charges) provided it is in pristine condition and in the original packaging. This does not apply where goods have been specifically ordered for you or manufactured to supplied drawings, specifications or instructions, or where other returns acceptance policy has been agreed by both parties prior to acceptance of order.
You will be wholly responsible for the cost of delivery and safe return of the goods.
Goods received back incomplete or in a damaged or used condition will be returned to you and the cost of redelivery charged to your account. We reserve the right to charge a handling fee up to 15% of the value of the product if it is not returned in a perfect condition and full working order. We cannot accept the return of opened software packages or consumable items (e.g. ink cartridges, paper, CD or DVD); you will need to contact the manufacturer directly in these instances.
Please do not return goods without contacting us in beforehand. A returns Authorisation Number is required. The Number must be stated on the outer packaging and paperwork.
Please be aware that we will not refund the carriage paid on the original order, or the cost of returning the items to us. Goods must be returned in the original packaging together with any additional enclosures, such as protective materials, instructions, tools, components, manuals, free software etc. You must ensure that adequate packaging is used to return the goods. We reserve the right to reject any item(s) returned that do meet the criteria laid out above.
A restocking fee of up to 25% of the original invoice value may be levied on product(s) returned after seven (7) days of the goods being delivered. The seven (7) day return policy takes into account the following: If you return the item to us unopened within seven (7) days of purchase, we will exchange it for something else or refund your money. If the item has been specifically ordered for you, the seven (7) day return policy is void. If the product has been opened or tampered with, or is not in a resellable condition, the return policy is void.
8. Undertaking
We will only be responsible for the capacity and performance of the goods supplied being sufficient and/or suitable for your purpose, provided you shall have given us full and accurate particulars of your requirements in this respect and of the conditions under which the goods will be required to operate.
9. Guarantee
All component parts of Advance Seating Designs chairs that are manufactured by Advance Seating Designs, or are manufactured directly under the company’s control, are guaranteed for a period of five years from the date of manufacture subject to the conditions stated below. The eMove electrically powered office chairs are guaranteed for one and a half years subject to fair wear and tear and charged on a regular basis as stated in our instructions leaflet. All upholstery materials are guaranteed for a period of three years. This guarantee applies to normal usage under office environment conditions. Where chairs are used under abnormal conditions, such as shift or 24-hour use, this guarantee does not apply (unless supplied specifically for such use). The guarantee does not cover chairs that are used outside the United Kingdom and excludes damage caused by impact or misuse.
Should any fault develop in goods that we manufactured which in our opinion is due to faulty materials or workmanship, we undertake to renew or replace the defective parts without charge, providing the article is returned to our factory carriage paid.
All third party products supplied by us shall be covered by their respective manufacturers warranty or guarantee which may require that faulty or defective goods are returned directly to the manufacturer or supplier of those goods.
10. Liability
Save and except as specially provided under the foregoing clauses, we accept no liability for any loss or damage consequential or otherwise attributed to our acts, defaults or failure to carry out the contracts. We are fully insured for Employer’s Liability and maintain Public Liability Insurance policies with substantial indemnity. We can only accept responsibility for personal injury and damage to property caused by our neglect or the negligence of our employees.
We accept no liability to the buyer in respect of claims which may be brought against the buyer by third parties pursuant to Consumer Protection Act 1987 in respect of products produced or supplied by us.
We do not accept liability for 1) indirect or consequential loss, 2) loss of business profits, salary, revenue, savings, 3) damage remedied by us within reasonable time, 4) loss avoidable by you through reasonable conduct, including misuse or badly setup chairs or product and following our reasonable advice generally, 5) all items excluded from the Guarantee or by Force Majeure.
Force Majeure
We are not liable for delays in performance (including delivery or service) caused by circumstances beyond our reasonable control and will be entitled to a time extension for performance; examples include strikes, supplier / transport / production problems, exchange fluctuations, governmental or regulatory action and natural disasters. If this lasts more than two (2) months, this Agreement may be terminated by either party without compensation.
11. Cancellations
Acceptance of cancellation of an order shall be at our discretion and in the event of an order cancellation being accepted by us there shall be made a cancellation charge of either 50% of the order value or the actual loss of expense to us arising from the cancellation, whichever may be the greater. Orders for chairs due for delivery within fourteen (14) days cannot be cancelled as the upholstery will be complete.
Orders for chairs manufactured to meet specific supplied specifictaions, ’Special Order’ items or where special fabrics or other items have been obtained to meet the order can only be cancelled if a return policy exists to us with the respective supplier(s) and may also be subject to additional cancellation charges. Any customer supplied fabrics for use on chairs or stools that has already been used in any way as part of the manufacturing process at the time of cancellation cannot be returned and is deemed to become our property to be desposed of as we see fit.
12. Abortive deliveries
In the event of goods being delivered but not accepted for any reason beyond our control, a charge shall be made. Such charge shall be either 10% of the order value prior to deduction of any discount or the actual loss or expense to Advance Seating Designs, including storage and re-delivery, whichever may be the greater.
13. Arbitration
If at any time any question, dispute or difference shall arise between us and the buyer in relation to, or in connection with the contract either us or the buyer may give to the other notice in writing of the existence of such question, dispute or difference and the same shall be referred to the arbitration of a person to be mutually agreed upon, or failing agreement to an arbiter to be appointed by the president for the time being of the Law Society.
The submission shall be deemed to be a submission to arbitration within the meaning of the Arbitration Act, 1950 (and the Arbitration (Scotland) Act 1894) or any statutory modification thereof. Work under the contract shall, so far as may be reasonably practicable, continue during the Arbitration proceedings, and no payments which may or shall become due shall be withheld on account of such proceedings.
14. Materials
We reserve the right to amend without notice the specification of materials used in the manufacture of our products as a result of changes in the supply position, and to improve or change the specification.
15. Prices
Unless otherwise agreed in writing, all orders are executed subject to List prices and VAT ruling at the date of despatch and no price list of Advance Seating Designs, whether published or not, shall affect our right to charge for the goods in accordance with this clause.
For orders paid for with credit cards, must provide us with your exact address and telephone number that your credit bank has on file for you if this is different from the delivery address. Your order will only be processed once authorisation of your credit card has been properly received and at such prices that prevail at that time.
Where applicable, Value Added Tax (VAT) will be charged at the rate applicable at the date of dispatch.
16. Reservation of title
(a) Neither legal nor equitable property in the goods shall pass to the buyer until the seller has received payment in full for such goods. The buyer acknowledges that until such payment in full has been made the buyer holds the goods as bailee by the seller.
(b) Risk in the goods shall pass to the buyer upon delivery thereof and the buyer shall store the goods separately by consignment.
(c) If, not withstanding the foregoing, the buyer is in default of payment of any part of the purchase price or shall, before the whole of the purchase price has been paid, go into liquidation or be wound up or have a receiver appointed, then the seller may without prejudice to any other rights or remedies available be entitled to recover possession of the goods and sell the same, retain all monies received on account of the purchase price and account to the buyer for the balance if any.
(d) The buyer undertakes to place whole amount of the proceeds of sale of the goods into a separate bank account, or trust for the seller, the buyer having the right to withdraw the excess of such sale proceeds over the amount due from time to time to the seller on written notice thereto.
17. Patents and trade marks
The design and construction of Advance Seating Designs chairs and accessories are protected by patents and copyright. The name “POSE” is our registered Trade Mark and must only be applied to our Personal Office Seating Evaluation service.
All third party trademarks and copyrights are duly acknowledged and reserved.
18. Severance
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
17. Jurisdiction
English law and the exclusive court jurisdiction of the English courts will apply to these Terms and Conditions.
|