Business to Business Service Terms Onske Interiors Limited
BUSINESS TERMS AND CONDITIONS FOR PURCHASE OF GOODS AND/OR SERVICES ONSKE INTERIORS LIMITED
1. Definitions.
1.1 Buyer means the person who accepts a written/electronic quotation and/or pays in full or on deposit to the seller or whose order for the goods is accepted by the seller.
1.2 Seller/Company means Onske Interiors Limited – UK Registered No 08945211
1.3 Goods means all or any goods which the seller is to supply as agreed between the parties.
2. General
2.1 Any Goods sold by the Company will be sold on these terms and conditions unless otherwise agreed in writing by a director of the Company.
2.2 These terms and conditions will take precedence over the Buyer's terms and conditions and will be conclusive where there is any inconsistency between the two.
2.3 These terms and conditions will supersede all previous agreements between the parties, information appearing in any sales brochure or other documentation produced by the Company.
3 Price
3.1 The price quoted for any Goods will, on receipt of confirmation of the Buyer's order or payment of any deposit or amount paid in lieu of the goods.
3.2 Any price quoted will be open to acceptance by the Buyer for a period of 21 days. After such time the Company reserves the right to re-quote for the Goods.
3.3 The Company will not be liable for any change in price between quotation and order, or order and delivery due to circumstances beyond the Company's control.
4. Payment.
4.1 The buyer shall pay 30% of the price to the seller upon placing the order or choose to pay in full
4.2 The buyer shall pay to the seller the outstanding 70% of the price upon delivery booked or installation of the goods, all outstanding sums to be paid in full within 7 days from the date of the sellers invoice.
4.3 In the event The buyer fails to pay the price on the date specified and without prejudice to any other remedies, the seller may terminate the contract without notice and recover the goods in accordance with clause 4.2.
5. Delivery.
5.1 Unless otherwise agreed the goods shall be delivered to the buyers address or if Buyer has requested a quotation ex-works then collection will be arranged by the Buyer at their cost, from the Sellers place of business. (Unit 3, Heatherside Business Park, Norton Road, Newhaven, East Sussex, BN9 0BP)
5.2 Delivery dates mentioned in any estimate or order are approximate indications only. The seller shall not be liable for any delay in delivery or installation however caused.
5.3 Late delivery of the goods does not entitle the buyer to a) reject the goods b) terminate the agreement or c) withhold payment of any part of the price.
5.4 The seller reserves the right to make delivery by instalments and to tender a separate invoice in respect of each instalment. The buyer shall pay the seller upon delivery or installation of the goods for each instalment in accordance with clause 2.2.
6. Property and Risk.
6.1 Legal and equitable ownership of the goods shall remain with the seller until the buyer has paid the seller in full for the goods,( or part thereof in respect of instalments under clause 3.3), and no further amounts are owed by the buyer to the seller.
6.2 If the buyer is overdue in paying for the goods and services supplied by the seller, the seller reserves the right to recover and resell the goods, and the buyer agrees that the seller may enter the buyers premises upon 24hours notice for this purpose and detach or remove the goods.
6.3 Risk in the goods passes to the buyer when the goods enter the buyers premises and the buyer should insure the goods against all insurance risks for the price.
6.4 If the goods are destroyed by an insured Risk before the buyer has paid for them, the buyer shall hold the insurance proceeds as the sellers trustee.
7. Manufacturing Terms.
7.1 Pre-ordered and Custom Made items are covered by the same 12 month Sellers warranty however are not covered by the 7 day ruling of return as they have been made/purchased especially.
7.2 The fabric samples provided by the Seller are representative of the colour before the fabric is used on furniture items, which, may mean a slight variation in the colour scheme upon completion or from production batch to batch of materials.
7.3 Production times can vary. The lead time provided by the Supplier at the time of order is based on an average and shipping can be affected by availability of raw materials, public holidays in country of manufacture, loading delays, weather conditions, port arrival, customs and longer manufacturing times. See 3.3 above. The Seller reserves the right to allow up to 18 weeks for supply of goods without incurring any penalty on any request for redress or delay by the Buyer.
7.4 Goods are supplied by the Buyer for domestic use and in adherence to UK Domestic Fire Regulations for fabrics. We do not supply Crib 5 fabrics as standard.
8. Warranty
8.1 All Items are covered by the Sellers Manufacturers Warranty for 12 months.
8.2 Only manufacturing defects are warranted. Any damages, chips, tears, marks etc caused by the Buyer either through use or installation of the product are not covered. Goods signed for and accepted by the Buyer at delivery or installation will not be covered for any subsequent damage
8.3 In the event of a problem at delivery, the Seller requests photographic evidence from the Buyer of both the product and packaging. All packaging must be retained by the Buyer to facilitate a return for repair or replacement. Outside of 14 days items are on a return to base warranty to be repaired or replaced.
8.4 Notification of Damaged Goods In Transit Must Be Made to the Seller by the Buyer within 48 hours of receipt of the goods.
9. Cancellation By The Buyer
9.1 The Buyer has no right to cancel or postpone any contract made under these terms and conditions after the Company has issued its order acknowledgement.
9.2 If the Buyer purports to cancel or postpone any contract (without prejudice to any other rights of the Company in connection with such purported cancellation or postponement) the Buyer shall indemnify the Company for all costs, charges and expenses incurred by the Company, including loss of profit by reason of such cancellation or postponement
10. Legal Interpretation
10.1 Any contract to which these terms and conditions apply shall be governed and construed in accordance with English Law and any dispute arising out of or in connection with such contract shall be determined exclusively by the English Courts.
10.2 These terms and conditions are governed by English law. When the Buyer orders Goods from the Seller the Buyer agrees to submit to the non-exclusive jurisdiction of the English courts in relation to any disputes arising under the Contract between Buyer and Seller. These terms and conditions do not affect the statutory rights of the Buyer.
11. Severance and Waiver
11.1 In the event of any part of these terms and conditions being ineffective for any reason the remainder thereof shall constitute the terms and conditions binding upon the parties.
11.2 Failure or neglect by the Company to enforce at any time any of the terms and conditions shall not be construed as nor be deemed to be a waiver of the Company's rights hereunder nor shall such failure or neglect in any way affect the validity of the whole or any part of these terms and conditions and the Company's right to take subsequent action shall not be prejudiced thereby.
12. Notice
Any notice, approval or other communication to be given either to the Company or to the Buyer shall be delivered or sent by email or by first class post to the Company at its registered office address or to the Buyer at the address on the order. Any such notice, approval or other communication shall be deemed to have been served if delivered electronically at the time of delivery or if posted at the expiration of forty-eight hours after the envelope containing the same shall have been put into the post and in proving such service it shall be sufficient to prove that delivery was made or that the envelope containing such notice was properly addressed and posted as a pre-paid first class recorded delivery letter.
13. Force Majuere
The seller reserves the right to defer the date of delivery or to cancel the Contract if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of the Seller including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to its workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials for a period of 20 weeks maximum, whereby after this time period, the Buyer can request a cancellation of their order.
Onske Interiors Limited. 2020.