Rugs “R” Us Ltd
Terms and Conditions of Trading
1)Description of Parties: The expression of “the Company” shall mean Rugs R Us Ltd. The expression of “the Customer” shall mean the Customer of the Company
2) Assignability: All contracts are between the Company and its Customer as principals and are not assignable by the Customer without written consent of the Company.
3) General: Governing Terms and Conditions: These terms and conditions apply to all contracts between the Company and the Customer. All orders in whatever terms are accepted by the Company subject to these Conditions. No Modification of these conditions shall be effective unless confirmed in writing by an officer of the Company. Any previous dealings between the Company and the Customer shall not vary or replace these conditions in any way whatsoever. The signing by the Company of any of the Customers documentation shall not imply any modification or have the effect of modifying these conditions. Acceptance of the goods from the Company shall be conclusive evidence before any Court or Arbitrator that these conditions apply. No contract between the Company and the Customer shall come into existence a) until a written order by the Customer has been received by the Company. b)
delivery of the goods c) the issue of the company’s invoice.
4) Description/Examples of Goods: All descriptions and illustrations whether made orally or in writing or otherwise communicated to the Customer are intended merely to present a general idea of the goods described therein and nothing contained in any of them shall form any part of the contract. When a sample or an illustration of the goods has been exhibited to and inspected by the Customer it is hereby agreed that such sample and or illustration was so exhibited to and inspected solely to enable the Customer to Judge for him/herself the quality of the bulk.
5) Prices and Payment:
5.1 The prices payable for the goods are those ruling at the date of despatch of the goods. Prices are exclusive of any applicable VAT.
5.2 All quotations are based upon the quantities and specification as outlined by the Customer. All quotations given by the Company shall be held firm for a period of 30 days from the date of the quotation and it reserves the right to amend its prices should the specification or quantity change.
5.3. All invoices are payable forthwith unless otherwise agreed in writing by the Company or otherwise stated in the invoice. Unless otherwise agreed by the Company in writing, payment will be required in advance as a precondition to delivery of the goods.
5.4 Orders for non stock items or large quantities may need to be manufactured, and accordingly will take an average of 70 days from order to delivery of the goods to the Company. Onward delivery to the Customer will take a further 7 days. A 50% deposit is required with the final balance payable 7 days prior to the goods being dispatched
Cancellation / Amendment of Orders: Customer orders once received by the Company may not be cancelled or amended (in full or in part) without the written acceptance by the Company. Any costs or increased costs incurred by the Company in respect of cancelled or amended orders shall be invoiced to the Customer forthwith and are payable to the Company forthwith.
7) Specifications:
7.1) The goods supplied by the Company shall be in accordance with the samples and/or specifications provided by the Company as detail in clause 4 above.
7.2) The company reserves the right to make any changes in any specifications of goods, which are required to conform with any applicable safety or other statutory requirements or which do not materially affect their quality or performance.
8) Production of Goods: The Company will use its best endeavours to adhere to the estimated date of production and/or despatch given verbally or in writing to the Customer, but failing to do so does not constitute breach of contract.
9) Delivery / Conditions of Carriage: Where the Company undertakes delivery of the goods to the Customer this in all cases shall be sub-contracted to a carrier of the Company’s choice and shall be subject to the specific carrier’s terms and conditions of carriage which are prevailing at the time of despatch of the goods.
The Companies liability in all respects shall be limited to that stated in the prevailing terms and conditions of the designated carrier, copies of which the Company can obtain upon request by the Customer.
10) Condition of Goods:
10.1 The Customer shall thoroughly inspect the goods immediately upon delivery. Any claim by the Customer which is based on any defect in the quality or condition of the goods or their failure to correspond with the specification shall be notified by the Customer in writing to the Company within 3 days from the date of delivery.
10.2 In the event that the Customer establishes to the Company’s satisfaction, that the quality of the goods are so defective or do so fail to correspond with specification the Customer’s sole remedy shall be limited as the Company elect to replacement or repair of the goods or refund or allowance against the purchase price of the goods, subject to, where applicable, the return of the goods to the Company.
11) Product Guarantee: The Company guarantees the goods against faulty materials and/or workmanship for a period of 6 months from original date of delivery of the said goods to the Customer. This guarantee is limited to manufacturing defects only and not in respect of wear and tear caused during normal use of the goods. The Customer must return the faulty goods immediately to the Company for quality inspection. The Company reserves the right at its discretion to the replacement, repair, of the goods or refund or allowance against the purchase price of the goods.
12) Force Majeure / Non availability of Goods: If the Company is unable to procure any goods, materials or components necessary to enable it to supply or in any part thereof contracted to be supplied or if the supply of goods or part thereof be prevented or impeded by reason of (a) act of god, war, national emergency or threat of war, Act of Parliament or orders regulations or bye-laws made under Statutory Authority, industrial disputes, civil commotions, fire. tempest, flood, quarantine, failure of suppliers raw materials for the goods or (b) any cause other than the foregoing of whatsoever kind and whenever occurring being a cause beyond the control, or if the cost to the Company of supplying goods under any contract shall be increased whether directly or indirectly and the Company and the Customer cannot agree as to the manner in which any such increased costs shall be borne by them respectively the Company may cancel the contract by notice in writing so far as it relates to goods not yet supplied and such cancellation shall not give rise to any claims by the Customer.
13) Consequential loss: The Company shall not be liable for any costs, claims or damages or expenses arising out of any tortuous acts or omission or any breach of contract duly calculated by reference to loss of income, production or accruals or by reference to accrual of such cost claims damages or expenses on a time basis.
14) Limitation of Liability: The aggregate liability of the Company (whether in contract for negligence or breach of statutory duty or otherwise (howsoever caused) to the Customer for any loss or damage of whatsoever nature and howsoever caused shall be limited to and in no circumstances shall exceed the invoiced price of the specified goods in question.
15 General: The Contract between the Company and the Customer shall be governed by English Law and the Customer submits to the exclusive jurisdiction of the English Courts except that the Company invokes the jurisdiction of the Courts of another Country.