General
All quotations are provided, and any subsequent orders are accepted, by Warner Contract Furniture, on these Terms and Conditions of Sale, which shall supersede and exclude any other terms stipulated or incorporated or referred to by the Buyer, irrespective of conditions specified in the Buyer’s official order. All orders placed by the Buyer will be deemed to have been made subject to these terms and will constitute a Contract. All orders must be placed in writing (ideally by email) with the Buyer’s order number clearly stated (where necessary). The ownership of goods shall remain with Warner Contracts until such time that payment has been received and cleared in full.
Cancellations
Cancellations or amendments cannot be accepted without Warner Contract Furniture’s written consent and only on terms, which will indemnify Warner Contracts against loss of any kind. Where cancellation of an order is unavoidable the act of cancellation by the Buyer will automatically result in charges to the Buyer, commensurate with the cost incurred by Warner Furniture Contracts and the manufacturer contracted to complete the original order.
The Price
Warner Contract Furniture will use every endeavour to execute the Contract at the price specified on receipt of a new order where this is in accordance with prices quoted by Warner Contract Furniture, but Warner Contract Furniture reserves the right to alter the price if necessitated by any alternation in the cost of materials, labour, transport or packaging or by any other circumstances beyond Warner Contract Furniture’s control. Warner Contract Furniture shall give the Buyer notice in writing of any alteration in price and such alterations shall become effective forthwith. If the Buyer is not prepared to accept any increase in price so notified, the Buyer shall have the right, to be exercised within fourteen days, of such notice by Warner Contract Furniture, to cancel the undelivered portion of the goods sold under the Contract.
Payment
Unless otherwise stipulated by a director of Warner Contract Furniture the Goods are sold subject to payment against a quote or pro forma invoice. All prices are subject to VAT at the prevailing rate (most prices shown on our website include VAT and this is stated next to the price). A credit account will be opened at the discretion of Warner Contract Furniture following a success of orders.
Inspection Of Goods
The Buyer shall inspect the Goods immediately on delivery, marking any defects on the delivery note. The buyer must inform Warner Contract Furniture in writing within 24 hours of such delivery, giving notice of any matter or condition by reason whereof the Buyer may allege that the Goods are not in accordance with the order. If the Buyer shall fail to give such notice the Goods shall be deemed to be in all respects in accordance with the Terms and Conditions of Sale and the Buyer shall be deemed to have accepted the Goods accordingly. The Buyer will have no claim unless such notice is given.
Passing Of Risk Of Property
Risk of loss or Damage to the Goods shall pass to the Buyer at the time of delivery. The ownership of the Goods shall not pass to the Buyer until all sums from time to time owing by the Buyer to Warner Contract Furniture have been paid, and until payment of all such sums, Warner Contract Furniture shall remain the “Owner of the Goods”. Such sums shall not be treated as paid until all cheques, bills of exchange or other instruments of payment given by the Buyer have been met on presentation or otherwise honoured in accordance with Warner Contract Furniture terms. Warner Contract Furniture will be entitled to sue for the whole of the price of any Goods supplied at any time after such instruments have become payable. The Buyer shall hold on trust for Warner Contract Furniture all unpaid Goods remaining in the ownership of Warner Contract Furniture. In consequence the Goods so held in trust cannot be sold to a third party without the expressed permission of Warner Contract Furniture. If the Buyer defaults in the punctual payment of any sum owing to Warner Contract Furniture then, Warner Contract Furniture shall be entitled to the immediate return of all Goods sold by Warner Contract Furniture to the Buyer (or the documents of title thereto) in which the property has not passed to the Buyer, and the Buyer hereby authorises Warner Contract Furniture to recover the Goods or documents and to enter any premises of the Buyer for that purpose. A demand for or recovery of the Goods or documents by Warner Contract Furniture shall not of itself discharge either the Buyer’s liability to pay the whole of the price and take delivery of the Goods or Warner Contract Furniture right to sue for the whole of the price. For the avoidance of doubt all monies then outstanding shall be immediately due in respect of Goods already supplied notwithstanding any credit period mentioned in the payment terms referred to in this document.
Delivery, Returns, Refunds
Our standard delivery time is just 3 – 5 days for stocked goods, this will be detailed on your quotation. All delivery dates are estimates only and the time of delivery shall not be of the essence of the Contract. All deliveries are made to a ground floor location during normal office hours unless previously arranged. Warner Contract Furniture is not responsible for any loss of trade or subsequent expense resulting from delays in the delivery schedule nor shall any liability of the Buyer to Warner Contract Furniture be diminished by reason of such Damage. Warner Contract Furniture shall not be responsible for strikes, lockouts or force majeure. Whilst Warner Contract Furniture will endeavor to meet the Buyer’s delivery dates, Warner Contract Furniture cannot be held responsible for delays caused by factors outside their control. Deliveries will normally be made between 8am – 5pm Monday to Friday. Deliveries required outside these hours will incur additional costs, which are necessitated by early loading or late return from the delivery site. No returns are possible unless the goods are incorrectly supplied or damaged. In the case of such an event arising only the damaged or faulty items are replaced, exchanged or refunded at the sole discretion of the seller. In the event that all or part of an order needs to be refunded, we aim to process all refunds within 14 days of receiving the goods back at the designated address. Refunds are always processed via the same method that the initial payment was made.
Proper Law
The Contract shall be governed by and construed in accordance with English Law.
Assignment
The Buyer shall not assign any benefit under the contract without the consent in writing of Warner Contract Furniture, which may if given, be on such terms as to guarantee or indemnify or other conditions as required by Warner Contract Furniture.
Privacy
We do not store credit card details nor do we share customer details with any 3rd parties.
Warner Contract Furniture is a trading name of Warner Contracts Ltd.
Company Registration: 08982162
VAT Registration: GB 184747860
