Terms of Service - 4D Office Furniture Ltd. (the “Company”).

 1.GENERAL

a.      We put forward all quotations and accept all orders subject to the terms and conditions of sales, which follow.

b.      No addition to or variation from such terms and conditions shall have effect on us unless such variation or addition is expressly accepted by us in writing under the hand of a Director. Our Sales Representatives, Designers and Agents are not authorised to amend any of these items on our behalf.                 

2.PRICES

a.      We shall endeavour to maintain prices quoted but we reserve the right to increase quoted prices according to any increase in the cost of materials which take effect between acceptance and delivery of the order, or that part of the order remaining undelivered at the time of such increase. 

b.      Unless expressly stated otherwise, the prices are for goods but delivery to customer premises and installation are extra.

c.      Value added Tax will be calculated and charged at the prevailing rate.

3.ACKNOWLEDGEMENTS

a.      Orders will not result in a binding contract until the marked ‘’Order Acknowledgement’’ is given by the Company. No order will be entered into production until all information required from the customer is received in writing. The order acknowledgement is the final expression of the agreement. 

b.      Acceptance, confirmation and delivery of orders will be strictly in accordance with our order acknowledgement. It should therefore be checked for accuracy and any errors referred to the Company within 24 hours of the date of the order acknowledgement, as we will not take any responsibility for any subsequent change and associated cost or delay to lead- time. 

c.      The Company may accept reasonable changes subject to the following conditions.

-        The request for change must be submitted in writing and received in time to be implemented.

-        Changes can be subject to additional charges for material, labour and administrative costs to be determined by the Company. 

-        Changes in quantity or design of non-standard products or on special quotation orders may affect the prices and times of delivery of all items on the order.

4.QUOTATIONS

a.      Quotations are only valid when made in writing by authorised personnel and marked ‘’Quotation’’. All quotations remain valid, unless otherwise stated or withdrawn by the Company, for 30 days from date of quotation, providing the order is received before expiry date and the Company can supply without delay within normal lead times.

b.      Orders place upon a quotation, which has not been previously withdrawn, are subject to confirmation in writing by us that we accept the same.

c.      All quotations, drawings, prototypes and presentation material remain Company property and cannot be used or divulged without written permission.

5.TERMS OF PAYMENT

a.      Payment shall be made to us at the time and in the manner stated on our invoice or if no such time and manner are stated then within 30 days following the date of our invoice. In all cases the prices we quote are strictly net. In the event of non-payment within these terms, we reserve the right to charge 2% per calendar month on all outstanding accounts, or where applicable under The Late Payment of Commercial Debt Interest Act 1998 then 8% over base rate will be charged on outstanding accounts. Interest shall be applied before as well as after judgement. Invoicing will be effected on the day the goods are due for delivery.

b.      The Company reserves the right to require payment of all or part of the product, delivery and installation costs in advance of the due delivery date.

6.DELIVERY

a.       We reserve the right to make delivery by instalments and to tender a separate invoice in respect of each instalment.

b.      The customer accepts liability for ensuring that delivery is to ground floor only and that there is adequate vehicular access.

c.      Should ordered goods not be accepted for delivery within 48 hours of the due delivery date, then we reserve the right to make a charge for warehousing until such time as the goods can be delivered. The risk in the goods shall pass to the customer on delivery.

d.      The Company is not responsible for delivery delays and/or partial or total non-completion of orders due to the following reasons:

-        Terms of payment are not adhered to by the customer.

-        Required information requested by the Company and not received in time.

-        Delays due to strikes or labour difficulties, failure due to delay of sources of supply, transportation problems, accidents, fires, acts of God or any other causes beyond the control of the Company. 

7.WAREHOUSING

a.      When a customer requests delayed delivery on all, or on any part of an order beyond the due delivery date that has been acknowledged, the order will be held free of charge for 48 hours. After that period, the customer will be invoiced for warehousing in line with the Company’s’ standard storage charges, based upon the invoice value of the goods held by the company, with a reasonable minimum storage charge assessed by the Company at its sole discretion. At the same time the customer will be invoiced for the goods held by the Company and risk will pass to the customer in accordance with clause 6.c.

b.      When goods are held by the Company because terms of payment are not adhered to, they will be stored free of charge for 48 hours.  The same conditions as in 7.a. above will apply to invoicing of charges, as well as the passing of risk.

8.COMPLAINTS

a.      The customer is under a duty to inspect the goods on delivery or if held in store with the Company beyond the 48- hour period in Clauses 6c, 7a and 7b. Unless defects are notified to us within 48 hours of delivery, the customer will have no right to reject the goods or have any further claim against us and must pay for the goods.

b.      The Company does not accept claims for:

-        Textile fade or wear under normal use.

-        Dissatisfaction with colour, grain, veining or texture of wood, marble and leather due to natural variations over which we have no control.

-        The material irregularities of bubbles in glass since such marks are evidence of handcrafting.

9.RETENTION

a.      The goods supplied shall, unless otherwise agreed, remain the property of the Company, delivered or not, until all debts owing to the Company or to be created in the future and arising out of any business transaction with the purchaser have been paid. In the event of the bankruptcy or insolvency of the purchaser, the title of the goods shall remain with the Company until all outstanding debts owed by the purchaser to the Company have been discharged. Upon the happening of such an event the Company shall have the right to enter upon the premises of the purchaser for the purpose of repossessing any goods which have been supplied. Not withstanding the forgoing, the goods shall be at the purchaser’s risk on delivery, or upon placement in storage.

10.DELIVERIES & INSTALLATION

a.      The customer shall pay all delivery and installation charges in addition to the price of the goods. Orders to an address other than the customer’s are subject to an additional charge.

11.CANCELLATION

a.      Orders cannot be cancelled by the customer except on terms which will fully and effectively indemnify us against all loss, including but not limited to costs, loss of profits and claims.

12.LIMITATION   

a.      The Company accepts liability for death and personal injury caused by the negligence of the Company, its employees, servants and agents but otherwise excludes liability to the fullest extent possible by law and statute.

13.JURISDICTION

a.       All our quotations and contracts shall be put forward and made in England and shall in all respects be construed and operate under English law.

WE RESERVE THE RIGHT NOT TO SUPPLY ANY ORDER AT OUR DISCRETION.