Terms And Conditions

In these Conditions:

“BUYER” means a person who accepts a quotation of the Seller for the sale of goods or whose order for the sale of goods is accepted or confirmed by the Seller

“GOODS” means the goods (including any instalment of the goods or any parts for them)

which the Seller is to supply in accordance with these Conditions

“SELLER” means F D beds Limited

“CONDITIONS” means the standard Terms and Conditions of Sale set out in this document and (unless the context otherwise requires) includes any special terms and

conditions agreed in writing between the Buyer and the Seller

“CONTRACT” means the contract for the purchase and sale of the goods

“WRITING” includes facsimile transmissions and any comparable means of communication

“COMPANY” means F D Beds Limited

“CUSTOMER” shall have the same meaning as the Buyer

CONFLICT OF TERMS

1. The Contract herein shall be deemed to be made between the parties upon these terms and conditions of sale. In the event of any conflict between these Conditions and any other terms and conditions, these Conditions shall prevail. No person has authority to make any representations on the Company’s behalf which is not made or confirmed in writing and the buyer shall not and does not rely upon any representation unless made or confirmed in writing.

RETENTION OF TITLE

2. (a) The goods shall remain the Seller’s Property until the Buyer has paid for them in full. Until that time the Buyer shall hold them as bailee, store them in such a way that they can be identified as the Seller’s Property, and keep them separate from the Buyer’s own property, and the property of any other person.

(b) Although the goods remain the Seller’s property until paid for, they shall be at the Buyer’s risk from the time of delivery and the Buyer shall insure them against loss or damage accordingly [and in the event of such loss or damage shall hold the proceeds of such insurance on behalf of the Seller as trustee for the Seller].

(c) The goods remain the Sellers property until the buyer has paid all sums due from it to the seller on any account whatsoever.

LIMITATION OF LIABILITY

3. In no circumstances whatsoever, shall the seller’s liability (in contract, tort or otherwise) to the buyer arising out of or in connection with this Contract or the goods supplied, exceed the invoice price of the particular pieces concerned. The seller shall be under no liability for loss or damage or delay arising caused by circumstances beyond his control.

DELIVERY

4. Whilst every reasonable endeavour is made to execute orders promptly and to arrive at the customer’s premises when estimated, the Company cannot accept any liability for delays. It is the customer’s responsibility to ensure that before ordering and/or delivery that the goods can be delivered in to their premises. Goods that cannot be delivered due to access problems are the Customer’s responsibility.

NON-ACCEPTANCE OF DELIVERY

5. If the customer fails to accept delivery of merchandise ready for delivery, the company reserves the right to invoice such merchandise and to require payment in the usual way.

NOTICE OF CLAIMS

6. Great care is taken to ensure that only perfect goods are sold to the customer. Nevertheless, all goods supplied by the company should be examined and any defect or discrepancy should be advised in writing within 14 days of receipt.

CANCELLATION

7. Orders once placed can only be cancelled or varied with the consent in writing of the company and on terms which indemnify the company against loss. All requests for cancellations must be made in writing.

PAYMENT TERMS

8. The company’s payment terms are strictly cash prior to delivery unless agreed to the Contrary. Deposits taken are NOT returnable except at the discretion of the Company. Invoices are payable strictly nett.

FITNESS FOR PURPOSE

9. The customer shall ensure that the goods supplied are suitable for the purposes for
which they are to be used.

LIEN ON CUSTOMER’S GOODS

10. All goods delivered to or in the custody or control of the company are subject to a lien for the general balance of account for any sums owed to the company by the customer. The company reserves the right to sell the goods as against sums owed if payment is not made within three months of the due date or goods are not collected within that period. Any balance due will be paid to the customer or his agent.

STATUTORY RIGHTS

11. These Terms and Conditions shall not affect the customer’s statutory rights.

THIRD PARTY/PUBLIC LIABILITY

12. Save and insofar as defects in the products supplied by the company cause death, personal injury or damage to personal property, the company’s liability for loss or damage shall be limited to the invoice value of the goods. Without prejudice to the foregoing, the company shall in no circumstances be under any liability in contract or otherwise for indirect or consequential loss or damage of whatever kind and howsoever caused, suffered by the customer or others, save as may be expressly imposed by statute or common law.

DELAY

13. Time for performance by the company is given in good faith and as accurately as possible and is not to be of the essence of the contract. The customer shall have no right to damages or to impose penalties or to cancel the contract for delay arising from any cause unless agreed by the company in writing.

V.A.T.

14. The seller will be entitled to alter the amount of V.A.T. if this is increased between the date of the invoice and the date that it becomes payable.

SIZES/COLOUR

15. Whilst every effort is made to supply goods of the correct size, slight variations are unavoidable. The British Standards Institute tolerance is 1.25 per cent either way. Manufacturers make every effort to supply materials with colour as near as possible to samples supplied. They do however work to commercial tolerances and slight variations in colour are unavoidable.

FORCE MAJEURE

16. If either party is affected by force majeure, it shall promptly notify the other party of the nature and extent of the circumstances in question. Notwithstanding any other provision of this agreement, neither party shall be deemed to be in breach of this agreement, or otherwise be liable to the other, for any delay in the performance or nonperformance of any of its obligations under this agreement, to the extent that the delay or non-performance is due to any force majeure of which it has notified the other party, and the time for performance of that obligation shall be extended accordingly.

NOTICES AND SERVICE

17. Any notice or other information required or authorised by this agreement is to be given by either party to the other and may be given by hand or sent in writing to the other party. Any notice given by post which is not returned to the sender undelivered shall be deemed to have been given on the next day after the envelope containing the same was posted. Service of any legal proceedings or arising out of this agreement shall be effected by causing the same to be delivered to the Company Secretary of the party to be served at its registered office or to such other address as may be notified by the seller concerned in writing from time to time.

LAW APPLICABLE

18. These Terms and Conditions and the contract shall be subject to, governed by and construed in accordance with English law.

DISCLOSURE OF INFORMATION

19. We may in accordance with our registration under the Data Protection Act, register or record details of your account with any Credit Reference Agency or data bureau. Before granting credit we may search the files of one or more Credit Reference Agency which will keep a record of that search. We may also disclose details about your conduct of the Account to licensed Credit Reference Agencies. Any information held will only be used to help make credit decisions affecting you or members of your household, or occasionally for fraud prevention or tracing debtors. We may at any time disclose details of your personal information and the conduct of your account to our agents, associates, or subcontractors to enable you to receive communication by letter or telephone or any other reasonable means, including information about products and services that you can obtain with your Account.