GENERAL CONDITIONS OF SUPPLY
These General Conditions relate to goods sold and services supplied by Westwood Home & Lifestyle Ltd (“the company”). All business transacted by the Company is subject to these General Conditions and to any special conditions set out in any written confirmation by the Company. These are excluded from any contract the standard terms, if any, printed on any order form of the customer, and all other terms, conditions or representations of any kind, unless expressly contained or incorporated in any written confirmation by the Company.
If the Company to the knowledge of the customer supplies goods or services procured from third parties, the supply is also subject to the conditions of sale of such third parties, save as expressly varied by any written confirmation by the Company.
The customer shall sell or otherwise dispose of goods supplied by the Company upon terms that any subsequent user be bound by the terms of these conditions so far as they relate to the specification, qualify or fitness for purpose of all goods.
All products that are offered by the Company, are ‘Made to Order’. The Company reserves the right, upon notification of any defect, to rectify that defect. No replacement will be offered unless it can be determined that the fault lies with the Product or Company. Images must be supplied at first instance of any defect. General wear and tear are not deemed to be defects. Inspections can be arranged to be able to view any defect reported.
All orders placed can be cancelled within 48 hours, unless specific bespoke orders where items need to be ordered from outside manufacturers.
Returns will not be accepted on ‘Made to Order’ Items unless agreed by the Company. A handling charge will also be applied if agreed by the Company.
QUOTATIONS, COPYRIGHTS ETC.
Samples and collections (except those purchased from the Company) remain the property of the Company and shall be returned to the Company immediately on request by the Company. All copyrights and other industrial rights in goods designed for a customer are, unless expressly assigned to the customer, the property of the Company. The Company retains the copyright and all other rights in quotations, specifications, measurements, designs, drawings etc: such information and materials shall not, without the prior consent of the Company, be passed to third parties.
QUALITY, COLOUR AND MEASUREMENTS
The Company reserves the right to supply goods with such variations in quality and colour as are normal in the business. Widths may vary by 5% more or less from specification. Small technical faults in materials may be unavoidable, and will be allowed for in extra length supplied. The Company also sells goods to professional and trade customers; the customer shall satisfy himself to the suitability of the goods for the customer’s purposes.
The customer shall immediately upon delivery examine the goods carefully; it is a condition of the sale that, subject to any overriding statutory provision, complaints can only be recognised if the goods are returned to the Company for verification, in their original, uncut state, not later than seven days after physical delivery. The Company shall refund the purchase price of any defective goods.
The liability of the Company for, or for the consequences of, any defect in the goods or services supplied shall be limited to the refund to the customer of the price. The Company shall not be liable for any other claim for losses, direct or indirect, to the Customer.
Articles, which are suitable by their composition, can be delivered direct to any chosen treatment house. A sample should be obtained and tested before flameproofing, as any process may change the characteristics of the fabric.
Any such treatment remains the responsibility of the purchaser, and treated fabrics may not be returned for credit.
Delivery periods are indicative only. The period for delivery shall commence only after the customer has provided all necessary measurements, specifications and instructions to the Company. Unless otherwise provided in any written confirmation, delivery may be made in one or more parts; each part delivery shall be as a separate order. Special orders can vary due to the manufacturing process, dates are for guideline only.
Furniture orders will be approximately 8/9 weeks from receipt of payment. Bag orders are 4/6 weeks from receipt of payment.
TERMS OF PAYMENT
Prices are exclusive of VAT, which will be charged additionally at the appropriate rate. There will also be a minimum order of fabric of 2 metres. All invoices are due strictly PORFORMA, unless otherwise authorised by the Company.
Payment by cheque, bill or exchange of bank transfer, shall be deemed made only when credited irrevocably to the account of the Company, and in the amount so credited, after deduction of exchange or bank charges, if any. The Company may at any time, without specifying any reason, terminate credit facilities of the customer, and require payment for goods or services before supply is made to the customer. No set-off or counterclaim shall, unless previously agreed in writing by the Company, be made by the customer.
Interest on overdue payments shall be calculated at the rate of 1.5% per day. The costs and expenses of the Company in recovering an overdue debt shall be payable by the customer; such sums shall, unless otherwise ordered by a court, be quantified at 25% of the amount of the debt, including interest.
RESERVATION OF TITLE
Property shall pass to the customer upon payment in full by the customer of all moneys due to the Company for the goods and services supplied. Until fully paid for, the Companies goods shall be stored separately from the goods of the customer and of other suppliers, and identified as the property of the Company. Prior to full payment, the customer may, if solvent, sell the goods or anything incorporating the Companies goods only upon trust to hold the proceeds of the sale first to pay there out all monies due to the Company. If the customer shall become insolvent or shall cease to trade, the Company shall be permitted (a) to enter by its servants or agents upon premises of or occupied by the customer to repossess the Companies goods and (b) to examine and make copies of the books and relating to debts due to the customer which may relate wholly or party to the Companies goods. All goods supplied by the Company shall, after physical delivery, until the property therein passes to the customer, be at the risk of the customer and shall be insured by the customer, on trust for the Company, against loss or damage by all usually insurable risks; the proceeds of any insurance monies shall be paid by the insurer to the Company.
45 Larkswood Road, Chingford, London. E4 9DS
Westwood Home & Lifestyle Ltd. Registered in England No. 5458697. Director : A.J.Sporne (Managing)