Terms & Conditions
1. In these Conditions:
'We' 'us', 'our' or 'the Company' shall mean Eborcraft Limited; 'You', 'your' or 'the Customer' shall mean the person, firm, company or organisation with whom a Contract is concluded;
'Conditions' shall mean these Terms and Conditions of Business including any variation or amendment made in accordance with paragraph 2;
'Contract' shall mean any contract for the sale and/or supply of Goods concluded between the Customer and the Company;
'Goods' shall mean any office furniture, equipment or associated goods offered for sale or supply by the Company.
2. These Conditions set out the terms prevailing at the time of print upon which we are prepared to enter into a Contract with you. The Conditions will supersede and apply to the complete exclusion of any other prior terms or conditions and may not be varied or amended without our express prior agreement in writing. These Conditions may be varied by us at any time without prior notice and reference should be made to our website www.eborcraft.co.uk for the latest Terms and Conditions of Business.
All prices quoted for Goods are subject to alteration without prior notice and will be charged at the rates ruling at the date of despatch. All prices for Goods are exclusive of VAT, which will be charged at the rate ruling at the date of despatch. Any order for Goods of less than £2,500 retail value will be subject to a £60 Nett surcharge and we reserve the right to charge additionally for delivery. These additional charges if any will be confirmed at point of order.
All sums invoiced pursuant to any Contract are payable by you on the last business day of the month next following the month in which the relevant Goods are delivered, time being of the essence. Any failure to pay on the due date will result in the immediate suspension of all further deliveries of Goods until payment has been received and we shall have the right to require payment in advance as a condition of making any further deliveries. We shall have the right to charge interest pursuant to the Late Payment of Commercial Debts (Interest) Act 1998 on any sums not paid on their due date.
Unless we have specifically agreed alternative arrangements in writing, all Goods will be delivered to your business premises address, delivery direct to your end customer will be subject to an additional charge of 5% of the Contract price with a minimum charge of £100 net. You accept that it is your responsibility to ensure the provision of adequate assistance to our driver for unloading of the Goods at the time of delivery.
Notwithstanding delivery, title and property in all Goods will remain with us until we have received payment in full for (a) all Goods subject of the Contract and (b) all Goods supplied to you under any Contract whatsoever. Risk in all Goods will pass to you from the moment of delivery.
Until we have received full payment for any Goods delivered to you, you will hold them as bailee for us, you will ensure they are clearly marked as our property and stored separately from any other goods. If you sell any Goods before title has passed to you, you shall be deemed to have sold them as our fiduciary agent (although such agency will not give you any right to bind us to any contract with your customer) and you will hold any proceeds of such sale in trust on our behalf in a separate account clearly denoted as being held on our behalf.
If any sum due to us under a Contract is not paid on the due date or if you become insolvent or any step is taken to place you into liquidation or bankruptcy or if you have any receiver or administrator appointed over your business or affairs:
(a) we shall have the immediate right to require the return of any Goods which have not been paid for and to enter your premises for the purposes of collecting them;
(b) We shall be under no further obligation to deliver any Goods to you and we shall have the right to cancel all outstanding Contracts whilst retaining the right to claim from you any losses incurred upon the disposal of the Goods which are the subject of them.
We shall use our reasonable endeavours to perform our obligations under any Contract in accordance with estimated delivery or completion dates and times but we shall have no liability for any failure to achieve these for whatever reason.
In particular we shall have no liability to you for any indirect or consequential losses or damages howsoever arising from any breach, delay or non-performance.
You will indemnify us from and against any and all claims from any third parties or any of your officers, employees or agents whether in respect of personal injury or death or otherwise howsoever arising and whether in respect of any Contract or otherwise.
No claim or liability for any damage or defect to any Goods will be accepted unless it has been made in writing within 48 hours of the time of delivery of the Goods in question. In this regard, you accept that it is your responsibility to fully inspect all Goods at the time of delivery.
9. Variation to specification
We reserve the right to modify or vary the specification of the Goods without prior notice.
You may not cancel or assign any Contract without our prior written agreement. We shall be entitled to make a charge for cancellation of any Contract for specific or adapted Goods where we have commenced work on the Goods in question.
11. Product Guarantee
As all our products are made to order, under our normal product guarantee, where items are deemed to be faulty we reserve the right in the first instance to have the faulty item returned to us for the fault to be resolved.