All work to be undertaken by London Custom Furniture subject to these conditions:
1. In these conditions: "the Contract" means the particulars appearing on the face hereof or any other quotation or invitation to tender submitted by us and together with the terms and conditions herein “the Client” means any person, firm or company who enters into a Contract with London Custom Furniture. “the Goods or Services” means any goods or services specified verbally or on the face of any order.
2. The Contract is made on the sole basis (which the Client represents and confirms to be correct) that: (i) These terms and conditions supersede all other terms and conditions and shall apply to the Contract to the exclusion of any other terms and conditions (if any) of the Clients (or otherwise) and shall override any terms or conditions stipulated by the Client whether in the Contract or in any negotiations insofar as they are in any way inconsistent or in conflict herewith. (ii) No representation has been made by or on behalf of London Custom Furniture as to the subject matter of the Contract (including the description, quality or fitness for any particular purpose of any goods or services to be supplied hereunder) and that the Client in entering into the Contract is not relying upon any such representation and that: (iii) The subject matter of the Contract is bought and/or paid for by the Client in the ordinary course of its business. (iv) Cruz 2 Web Solution’s agents or representatives are not authorised to make, and London Custom Furniture shall not be bound by any representation made by its agents or employees unless specifically authorised by London Custom Furniture nor are any such persons empowered to contract or accept orders on behalf of London Custom Furniture or, to vary the terms of quotations, tender documents, offers or contracts.
3. The variations of these terms and conditions or any Contract to which they apply shall not be binding unless made in writing and signed by the owner of London Custom Furniture.
4. Any quotations submitted by us are without engagement on the part of London Custom Furniture and the Client until London Custom Furniture shall have accepted the Client’s order.
5. London Custom Furniture shall act throughout as principal and not as agent.
6. Quotations are submitted by London Custom Furniture on the basis that the whole work quoted for will be ordered and are based on costs ruling the time of quotation and are subject to amendment on or at any time after acceptance to meet any rise or fall in costs. The Contract may not be cancelled by the Client following acceptance by us. London Custom Furniture reserves the right to correct quotations and invoices wherein errors have been made.
7.
(a) The terms of payment are as specified or prescribed on the face of the Contract or invoice in the absence of specific provision therein, invoices will be rendered at completion of the Contract or part thereof. All invoices remaining unpaid at the due date will be subject to a surcharge of 5% per month or part thereof.
(b) The Client shall not make any set off against London Custom Furniture. or its associated or connected companies or against any person connected with London Custom Furniture in any matter.
(c) In case of a Client's non-residence in the UK, all payment shall be made in pounds Sterling or at the sole nomination of London Custom Furniture in a foreign currency and all invoices and accounts shall be rendered by London Custom Furniture in pounds Sterling or such foreign currency at the exchange rate prevailing at the date of due payment. It shall be a condition of Contract with such clients that all necessary governmental and other consents are obtained within the time of performance and in any event prior to due payment hereunder.
8. Time of payment is of the essence of the Contract.
9. Payments are deemed to have been received only when the full amount of the invoiced value has been credited to the account of London Custom Furniture without recourse or London Custom Furniture has received the full amount in pounds Sterling cash and issued a receipt therefore.
10. Any dates given by London Custom Furniture for the performance or completion of work are given in good faith but subject there to shall not form a term of contract and London Custom Furniture shall not be liable for loss or injury damage or expense arising directly or indirectly from any delay caused by negligence or otherwise. The time for London Custom Furniture to perform any obligation hereunder is not and cannot be the essence of the Contract.
11. Whilst every reasonable effort is made by London Custom Furniture to carry out the Contract, should London Custom Furniture be prevented or delayed in carrying out its obligations hereunder by Act of God, rebellion, sabotage, fire, flood, delay in transit, riot, strike, lock out, failure of equipment or by a supplier or subcontractor, weather conditions, postal delay or any other unexpected or exceptional causes of circumstances beyond London Custom Furniture ‘s control, any time for performance of London Custom Furniture obligation shall be extended until a reasonable time after such an event preventing or interfering with the due execution of the Contract of any part thereof has ceased and in those circumstances London Custom Furniture shall not be liable for any loss or damage suffered directly or indirectly by the Client as a result thereof. If such said events exceed in duration a period of three months, London Custom Furniture may at its option terminate the Contract and the client shall as a term thereof reimburse London Custom Furniture on a quantum merit or on the basis of a reimbursement of all costs incurred by London Custom Furniture prior to termination (at the sole option) of London Custom Furniture.
12. London Custom Furniture shall be entitled to subcontract to third parties any work to be done pursuant to an order accepted by London Custom Furniture.
13. Title to any goods supplied hereunder shall remain vested in London Custom Furniture until payment is made in full by the Client.
14. All points as above are correct at the time of writing, but shall be reviewed and rewritten, if necessary, and will be available upon request. These terms of trade supersede all previous versions.
