Terms and Conditions of Business

1.General

(a)In these conditions:-

(i) The “Seller” means Virdi’s (North) Limited.

(ii) The “Buyer” means the individual firm, company or other party with whom the Seller Contracts.

(b) Any agreement made between the Seller and the Buyer whether for the sale of goods or materials for the provision of work or services by the Seller to the Buyer (hereinafter called “the Contract”) shall only be subject to these terms and conditions according to their provisions.

(c) Unless otherwise agreed in writing by the Seller these conditions shall override and terms and conditions stipulated, incorporated or referred to by the Buyer in its order in any other document or during pre-Contract negotiations.

2.Quotations

The Seller’s quotations are provisional in so far as they are subject to alteration by reference to any changes in the price of raw materials, any items to be acquired by the Seller from a third party rates of wages, other costs of production and any other circumstances beyond the Seller’s control taking place between the date of quotation and the Seller’s acceptance of the Buyer’s order.

3.ORDERS

(a) The order information contained overleaf (“the Order”) is an accurate record of the items ordered by the Buyer and the Buyer is responsible for any error or omission in the Order

(b) Buyers ordering fitted kitchens are requested to check fully and ensure the accuracy of the sizes and colours quoted overleaf and the Buyer is responsible for any error or omission in the detail of the information

4.CUSTOM DESIGNS

Where goods are made or materials supplied to the Buyer’s own specification, pattern or design the Buyer Warrants and undertakes full responsibility for the suitability and fitness of the specification, pattern or design thereof.

5.DELIVERY

(a)Delivery of goods or materials shall be deemed to be effected by the Seller at the following times:-

(i)Where goods or materials are delivered by the Seller when the same arrive prior to unloading at the Buyer’s premises or at premises nominated by the Buyer or at the nearest accessible road point to such premises.

(ii)Where the Contract provides that goods or materials shall be delivered by an independent carrier delivery of the same by the Seller to the Buyer shall be deemed to be effected at the time of collection or by delivery to the carrier.

(iii)In the event of goods or materials being collected by or on behalf of the Buyer by its servants or agents collection as aforesaid will constitute delivery to the Buyer.

(b)Whilst the Seller will make every reasonable effort to complete the Contract by the date or dates therein specified for delivery or completion such date or dates shall only constitute the times by which the Seller expects to effect delivery or completion and the Seller’s failure to deliver or complete by the due date or dates shall not constitute a breach of Contract and the Seller shall not be responsible for any direct or consequential loss resulting therefrom.  The Seller may wholly or partly suspend deliveries of goods or materials or suspend work and the Buyer shall accept late delivery of such goods and materials or late completion of work

(c) The Seller shall notify the Buyer when Goods are available for delivery and the Buyer shall agree a date and time for delivery of the goods provided that the Buyer shall accept delivery of the Goods no later than six weeks from the date on which the Seller notifies the Buyer that the goods are available for delivery.

(d) In the event that the Buyer does not within six weeks of being notified by the Seller accept delivery of the goods the Buyer’s order shall be treated as cancelled and the Seller shall be entitled to retain either:

(i) 20% of the full purchase price of the Goods

(ii) the full amount of any deposit paid by the Buyer (whichever is the greater)

(f) Notwithstanding clauses 5(c) and 5(d) where the buyer has paid the Seller the full purchase price of the goods the Seller may by express agreement with the Buyer store goods for a maximum of up to 3 months from the date the Seller notifies the Buyer that they are available for delivery.

6. INSPECTION AND ACCEPTANCE OF GOODS

(a) The Buyer shall inspect goods immediately on delivery and (subject to clause 6(b)) shall within 24 hours of such delivery give notice to the Seller of any alleged shortage, error or omission in the Order ordered or of any damage to the goods supplied incurred during transit or of any other matter or thing by reason whereof the Buyer alleges that the goods supplied are not in accordance with the Order. If the Buyer shall fail to give such notice in good time then the goods shall be conclusively presumed to be in accordance with the Order in all respects and the Buyer shall not thereafter be entitled to reject the goods or to claim from the Seller in respect of any shortage, damage or other defect in the goods

(b) In the case of damage or other defect in the goods which was not apparent on reasonable inspection, notice shall be given to the Seller within 24 hours after discovery of the damage or other defect and in any event within 7 days of delivery of the goods and, subject to this relaxation, Clause 6(a) shall apply.

(c) Any installation of goods by the Buyer shall be deemed as acceptance of the goods by the Buyer

(d) The Buyer when requested by the Seller to do so shall ensure that the goods or materials in question are returned to the Seller’s premises within seven days of such request.

7.TERMS OF PAYMENT

(a)Subject to 7(c) a deposit of 30% of the Contract price is payable upon the placing of an order by the Buyer.

(b)Unless otherwise agreed in writing payment of the balance shall be made by the Buyer on delivery as described overleaf.  Should the Buyer fail to comply with the Terms of Payment.

(i)Any discount offered to the Buyer by the Seller will be disallowed and the full retail price shall be payable.

(ii)The Seller shall be entitled to interest on any amount outstanding after the due date for payment at the rate of 4% above the base rate of Natwest Bank Limited from time to time which shall be accrued on a daily basis.

(c)Goods ordered to the Buyer’s particular specification must be paid for in full when the Order is placed.

(d)In the event of the Contract providing that goods or materials shall be delivered or work shall be completed by installments each installment shall be considered to be a separate Contract and construed as such in accordance with these conditions in particular failure under the Contract but without prejudice to any other right the Seller may have under the provisions of the Contract.

(e)Payment may not be delayed or refused for any alleged defects in the goods, work and materials which the Seller undertakes to correct under the terms of its warranty.

8.TITLE OF GOODS

(a)Until payment in full has been received for all goods, work and materials comprised in the Contract full legal and beneficial ownership of such goods and materials shall be retained by the Seller notwithstanding that the risk in the same shall pass to the Buyer at the time of delivery.

(b)Should the goods or materials (or any of them) be converted into a new product or products whether or not such conversion involves the addition of any other goods and/or any other materials whatsoever and whatever proportions the Buyer will immediately place the new product or products in store separate from other goods and in a situation where they may be clearly identified.  Thereupon full legal and beneficial ownership of the new product or products shall pass to the Seller and the Seller shall be entitled to a due proportion of the proceeds of sale of the same to the Buyer’s customer in accordance with the provision of paragraph 7(c) of these conditions.

(c)The Buyer’s power of sale shall automatically cease if a receiver is appointed over the whole or any part of the assets or the undertaking of the Buyer or a winding up order is made against the Buyer or the Buyer goes into voluntary liquidation (except solely for the purpose of reconstruction or amalgamation) or calls a meeting or makes any arrangement with his or its creditors or permits any act of bankruptcy.

(d)Until payment in full for the goods and materials has been made the Buyer shall hold the same and/or any products made wholly or partly therefrom as Bailee of the Seller and shall at times take proper care of the same and keep them in such manner that they may be clearly identified as belonging to the Seller.  The Buyer will return the goods and/or any products made wholly or partly therefrom to the Seller if it receives a request to do so prior to payment in full having been made.

9.RISK AND INSURANCE

The risk in the goods and materials to be provided under the Contract shall pass to the Buyer at the time of delivery as provided for in paragraph 4 of these conditions.  The reservation of title contained in paragraph 7 of these conditions shall not affect the Buyer’s responsibility to effect insurance cover which it may consider to be appropriate.

10. RETURNS

(a) Buyers wishing to return goods must do so within seven days of the date of purchase or delivery, whichever is the later

(b) All goods being returned must be returned in the condition in which they were supplied and in the original packaging which must also be undamaged.

(c) Refunds or exchanges on returned goods are given at the absolute discretion of the Seller.

(d) All goods returned within seven days of purchase are subject to a 20% restocking charge .

11.DELIVERY CHARGE

Our delivery charge is based on goods being delivered to the perimeter of the delivery address only. The Seller does not accept, responsibility for any any damage incurred to persons or property due to any request to deliver beyond this point.

12.INSTALLATION

The Seller cannot accept liability for incorrect installation by any third party and is not responsible for exchange or replacing goods damaged or rendered  unusable by incorrect installers, any subsequent Contract with such or any installer is entirely separate to the Contract concerning this sale of goods and the Seller cannot accept any liability for unsatisfactory performance by installers nor at any time do the Sellers act as agents for them.

13.GENERAL

These conditions of sale may be added to or altered at any time without notice being given.

14.CONTINUATION

If at any time any one or more of the provisions of conditions becomes invalid, illegal or unenforcable in any respect under any law or is held by a court to be invalid, illegal or unenforcable the validity and enforceability of the remaining provisions hereof shall not  in any way be affected or impaired thereby.