ERGONOMIC OFFICE IMPORTS LTD ALSO TRADING AS HEALTHY HOME & OFFICE TERMS AND CONDITIONS – April 2018
“the Company” means Ergonomic Office Imports Ltd also trading as Healthy Home & Office.
“the Customer” means the person, firm or company who receives the Company’s goods or to whom the Company’s quotation, invoice or acknowledgement of order is addressed.
“the Goods” means the products supplied by the Company to the Customer.
“the Contract” means the contract between the company and the customer for the sale and purchase of goods/sevices incorporating these Terms and Conditions.
APPLICABILITY OF CONDITIONS
(a) The Company enters into contracts for the sale or supply of goods/services subject only to these terms and conditions.
(b) No variation or qualification of these terms and conditions shall be valid unless agreed in writing by a director of the Company.
(c) No order made by the Customer to the Company shall be binding on the Company until accepted by the Company in writing or payment has been received.
Quotations where given are without commitment and no contract between the Company and the Customer shall arise unless and until the Company has accepted in writing the Customer’s order whether placed against the Company’s quotation or otherwise.
Prices contained on our website, quotations, catalogue etc. are those ruling at the date thereof and are for guidance only. The Company reserves the right to adjust the quoted prices to the prices current on the day of despatch.
When the Customer is informed by the Company by letter, verbally or in any other way in a quotation or order acknowledgement from the Company to the Customer, that the Company’s quotation or order acknowledgement is based on a currency clause, then the price stated is based on the stated currency rate and is subject to adjustment to the rate on the day of shipment. In this case, the currency adjustment will be shown separately on the invoice.
TERMS OF PAYMENT
(a) Strictly nett within 30 days following the date of invoice where credit terms have been agreed except when buying products directly from our website where payment will required before the order is generated.
(b) Pro-forma payment or cash with the order where credit terms have not been agreed.
(c) Failure by the Customer to pay by the due date where credit terms are agreed shall entitle the Company at its option to:
i. withhold future deliveries until payment has been made and further payments secured to its satisfaction and/or
ii. charge interest at 4% above Nat West Base Rate for each day that the amount is outstanding.
(d) Payment by the due date shall be the essence of the contract.
(e) Payments can be made via BACS, cheque or card
(a) Quoted delivery dates are not guaranteed and shall not be of the essence.
(b) The Company shall not be liable to make good to the Customer any damage or loss arising directly or indirectly out of delay in the delivery of the goods or services nor will the Company be liable for any consequential or special loss claimed by the Customer including without limitation delay detention, loss of profit, loss of production, loss of time, charges or liability to any Third Parties.
(c) The Customer must notify 14 days in advance of the delivery date of any change in previously specified schedules required by the Customer upon receipt of such notification the Company will attempt to accommodate the change required.
PASSING OF TITLE IN PROPERTY
(a) The property in the goods sold or supplied shall not pass to the Customer until all monies owing to the Company in respect of such goods have been paid to the Company in full.
(b) In the event of non-payment by the due date or determination of the contract howsoever it may occur that the Company shall have an irrevocable license to enter the Customer’s premises with vehicles if necessary for the purpose of repossessing the Company’s property.
CANCELLATION OR VARIATION
(a) Cancellation of a contract or part of a contract can only be made with the written agreement of the Company and where this is forthcoming the Company reserves the right to recover from the Customer any consequential loss and/or costs.
(b) Any variation in the contract required by the Customer may only be authorised by written agreement from the Company and where this is forthcoming, the Company reserves the right to amend delivery schedules and to recover from the Customer any losses or costs.
The Company warrants that the Goods will at time of despatch correspond to the description given by the Company, be fit for purpose that they are purchased, be of good merchantable quality and in good Condition.
Customers should advise the Company of any damaged goods as soon as possible after delivery and at the latest within working 3 days of receipt of the same. Photographs of the damage must be emailed to the Company immediately. If the Company approves the return in writing to the customer then damaged goods should be returned to the Company at the Customers expense clearly showing the invoice reference. No returned goods will be accepted by the Company without prior approval.
The Company must be advised of any non-delivery within 3 days of despatch.
Please refer to our separate returns policy (Insert link here)
The Customer shall indemnify the Company against all actions claims or demands by Third Parties arising directly or indirectly in connection with the use functioning or state of the goods (or in connection with the performance of services).
If the Customer is adjudicated bankrupt or commits any act of bankruptcy or makes any arrangements or composition with his creditors (or being a company) enters into liquidation (not being voluntary liquidation for the purposes of reconstruction or amalgamation) or has a receiver of its assets appointed issues a dishonored bill of exchange or fails to pay his trade debts as they become due the Company may without prejudice to its other rights suspend or cancel deliveries of the components or cease its manufacture.
The Company shall be entitled to sub-contract all or any of its obligations hereunder
LAW AND INTERPRETATION
This contract shall be governed by English law and the Buyer shall submit to the non-exclusive jurisdiction of the English Courts. If any of these conditions or part thereof is rendered void or unenforceable by any legislation to which it is subject or by any rule of law it shall be void or unenforceable to the extent and no further.