Terms & Conditions
TERMS AND CONDITIONS OF SALE
The Seller means Kingcome Sofas Limited.
The Buyer means the party to whom goods or services are to be sold in accordance with the terms and conditions set out below.
- 50% of the value of the order(s) or the cost of the fabric (whichever is the greater) shall be payable on confirmation of the orders(s) by way of deposit and the balance when the goods are ready for delivery. The Seller shall be entitled to withhold delivery of the goods until payment in full has been made in respect thereof. In the event of the Buyer cancelling the order the said deposit shall not be refunded.
- Title in the goods shall not pass to the Buyer until payment in respect thereof has been received in full and until such time the Buyer shall holds the goods on trust for the Seller.
- No claim by the Buyer shall be made for damage to goods sold hereunder unless notified by the Buyer in writing within fourteen days of receipt of the goods. If any such matter is notified to the Seller within such period the Seller shall at his own expense rectify any defect with regard to workmanship or materials and for this purpose the Buyer shall allow the Seller to gain access to the place at which the goods are kept. In the event of any disagreement as to liability under this clause the matter shall be referred to the Chairman of the Interior Designers’ and Decorators’ Association who shall appoint an expert who shall be deemed to be acting as an arbitrator and whose decision shall be binding and final.
- If the Buyer is unable to receive the goods by the date ordered he shall nonetheless be liable to pay for them in full when they are ready for delivery. In such circumstances the Seller shall provide storage from the time they are completed, this storage shall be chargeable at normal commercial rates. If the Buyer has requested a specified delivery date but cannot then accept delivery the Seller will charge storage from that date.
- If completion of the order is delayed for three months or more at the Buyers request the Buyer shall be liable for any price increases which may have occurred since the date of making the order.
- The Seller shall use his best endeavours to estimate accurately the quantity of fabric required for an order, but in the event of any extra fabric being required for whatever reason for the completion of the goods, the extra cost associated therewith shall be borne by the Buyer.
- In the event that the Seller has substantially completed the goods in accordance with the Buyers order, any delay in the completion of accessories such as arm-caps shall not entitle the Buyer to withhold any payment in respect of those goods completed.
- In the event of a supplier to the Seller not meeting its quoted delivery dates and there being a consequential delay on the completion by the Seller of its orders such consequential delay shall not entitle the Buyer to cancel the order. If the Buyer (notwithstanding the terms of this clause) cancels the order the Seller shall be entitled to retain whichever is the greater of 15% of the order value plus any associated mark-up thereon of the goods made in pursuance of the order.