These conditions of sale (the conditions) supplied by Planit Contract Furnishers (the company) to a purchaser (the buyer) shall be incorporated into each contract (the contract) made by the company for the sale of the company goods (the goods). The company contract as foresaid upon such terms as agreed between the company and the buyer and upon the terms of the conditions or terms of the buyer apply to this contract. No variation of any of the conditions shall be effective unless in writing and signed by a duly authorised representative of the company.
- All orders are accepted subject to and incorporate these terms and conditions to the exclusion of any other term or condition.
- Unless otherwise specifically incorporated, our price lists, catalogues, brochures, website or other advertising material shall not form part of any contract between us.
- THE GOODS
- Anything expressed by or on behalf of either party capable but for this clause of constituting a condition or warranty whether collateral to any contract between us or implied by statue, common law or otherwise is hereby expressly with-drawn or cancelled.
- We warrant that the goods shall at the time of tender for delivery correspond to any agreed specification but in the absence of any agreed specification we warrant that the goods shall at the time of tender for delivery be of normal commercial quality.
In the event of any breach of the above warranty we will at our option:
- Replace any good shown to be in breach of the warranty, or
- Repair or otherwise bring the goods into conformity, with the agreed specification or (as the case may be) normal commercial quality, or
- Take back any goods shown to be in breach of the warranty and refund the appropriate part of the price and performance of any one of the above options shall constitute an entire discharge of our liability under this warranty
- You inspecting the goods within 24 hours of receipt of the same.
- You giving notice within 5 days of all defects which have been or ought with reasonable diligence to have been ascertained on such inspection and in the case of defects which were not reasonably ascertainable on such inspection within 3 days of the same becoming apparent.
- You affording us a reasonable opportunity to inspect the goods.
- You making no further use of the goods after the time of discovery of the defect and the goods not having been damaged by you (no account being taken for this purpose of fair wear and tear at the time of discovery of the defect). In the event of any breach of the above warranty in relation to part only of the goods to be supplied by us under any order or part only of the goods to be supplied by us under any order or contract such breach shall not entitle you to cancel or refuse delivery of the remainder of the goods to so be supplied.
- No liability will be accepted for any defect in the goods unless the same have been handled, stored and used in accordance with our instructions either contained in any agreed specification or technical information sheet or on the container of the goods.
- COLOURS AND SHADES
- We will endeavour to maintain the colours and shades of any goods but are unable to guarantee that there will not be slight differences between colours and shades of one delivery or part of a delivery and another delivery or part of such other delivery.
- When requested we will endeavour to match colours and shades to a sample. We are however unable to guarantee there will not be slight differences between colours and shades of the sample and the finished goods.
- Any time or date for delivery specified by us is an estimate only. We will notify you when the goods are ready for collection and you shall be obliged to take delivery within seven days of receipt of such notice or when the funds have cleared.
- Our delivery note shall be conclusive evidence of the quantity of goods delivered unless within 24 hours of receipt of the goods you give notice to us that the quantity stated in the delivery note is incorrect.
- We may at our discretion make instalment deliveries.
- If deliveries are made on behalf of Planit by a commercial courier, please ensure that the delivery note is signed when the goods have been accepted in terms of there condition, if the note is not signed according to the state of goods received i.e. satisfactory/damaged, a claim cannot be made against the commercial couriers. Therefore if time is not allowing, state on the delivery note that the goods have not been checked.
Any price quoted by us contained in the acceptance is provisional only and we reserve the right to vary such price according to any increase in cost of labour, manufacture, packing, transport or materials taking effect prior to delivery of the order, or that part of the order remaining undelivered at the time of such increase. You will reimburse us for any increase in any tax, governmental charge or customs duty or for any new tax, government charge or customs duty hereafter becoming effective which we may be required to pay to any government or customs office upon sale, production or transportation of the goods and which has the effect of increasing the costs of the order.
- CANCELLATION, SUSPENSION AND TERMINATION
If the buyer shall purport to cancel the whole or any part of the contract the company may by notice in writing to the buyer elect to treat the contract as repudiated and the buyer shall there upon be liable to pay the company by way of liquidated damages a sum equal to all the expense incurred by the company in connection with the contract including an appropriate amount in respect of administration overhead, costs and losses of profit, the company's reasonable estimate of the expenses incurred shall be final and binding on the parties.
- All sales are subject to receipt of cleared funds prior to collection/delivery.
- A deposit will be required on the face of an order and the remainder sum will be required on delivery, presented by C.O.D., business cheque cleared prior to loading vehicle for despatch/collection.
- If funds are not made available at the time of the delivery, the delivery will be suspended.
- C.O.D. means cash on delivery (sterling currency) or a verified bankers draft or building society cheque.
- If at any time we have bona fide doubts about your solvency we may refuse delivery of any goods remaining to be delivered until arrangements as to payment or credit have been established to our reasonable satisfaction.
- PASSING RISK AND TITLE
- The risk in the goods shall pass to you upon the expiration of the notice to take delivery referred to in 4 a) above or upon actual delivery/payment whichever is the earlier.
- Until payment in full of the price of the goods and of all other sums payable to us from you:-
- The property in the goods shall remain in us.
- You shall store and keep the goods and any new product into which the goods are converted in such a manner that they can be identified as being our property.
- Pending the passing of the property any resale of the goods and any new product into which you convert the goods shall be for our account and the proceeds thereof shall be our property.
- You hereby grant to us an irrevocable license to enter upon any of your premises for the purpose of repossessing the goods.
Any maintenance undertaken by the customer should comply with Planit Contract Furnishers (furniture care card) which is available. Additional information is available subject to written enquiry. Any maintenance not endorsed b Planit Contract Furnishers will invalidate the warranty.
- GOVERNING LAW
All contracts subject to these conditions shall be subject to and interpreted in accordance with English Law. Drawings, Design and Development All drawing, description, illustrations, weight and dimensions given in the company's catalogue, price list, website or other advertising matter are approximate and intended for a general guidance purpose only. As Planit's furniture policy is one of continual development we reserve the right to amend design specifications and dimensions without prior notice.