Terms and Conditions of Sale
2. The Contract of Sale shall be effective as an offer to purchase the Goods by Buyer upon the terms and conditions herein upon signature or other actions by Buyer and a fully executed contract for the purpose and sale of the Goods upon counter signing by Seller. An order may only be cancelled or varied with Sellers consent; the giving of Sellers consent shall not in any way prejudice the Sellers right to recover from the Buyer full compensation for any loss or expense arising from such cancellation or variation.
3. Retention of Title
a] Buyer acknowledges that before entering into an agreement for the purchase of any Goods from Seller it has expressly represented and warranted to the Seller that it is not insolvent and it has not committed any act of bankruptcy, or being a company with limited or unlimited liability, knows of no circumstances which would entitle any debenture holder or secured creditor to appoint a Receiver, to petition for winding-up of the company or exercise any other rights over or against the company's assets.
b] Goods the subject of any agreement by Seller to sell shall be at the risk of buyer as soon as they are delivered by Seller to Buyers vehicles or premises or otherwise to Buyers order.
c] Such Goods shall remain the sole and absolute property of Seller as legal and equitable owner until such time as Buyer shall have discharged its total indebtedness to Seller in respect of all Goods supplied by Seller to Buyer under any contract between them.
d] If payment is overdue in whole or part Seller may (without prejudice to any of its other rights) recover or recall the Goods or any of them and may enter upon Buyer's premises for that purpose. These conditions constitute authority for any third party authorised by Seller to enter upon any other premises wheresoever the Goods are situate for the purpose of recovering the Goods or any of them.
e] Buyer acknowledges that it is in possession of Goods solely as bailee of Seller until the Buyer discharges its total indebtedness to Seller for all goods supplied by Seller to Buyer under any contract between them.
f] Until such time as Buyer becomes the owner of the Goods, it will store them in its premises separately from its own Goods or those of any other person or company and in a manner which makes them readily identifiable as the property of Seller.
g] The Buyer's right to possession of the Goods shall be determined if it not being a company, commits an act of bankruptcy or if it, being a company, does anything or fails to do anything which would entitle a receiver to take possession of Buyers assets or which would entitle any person to present a petition for winding-up the company. Seller may for the purpose of recovering its Goods enter upon any premises where they are stored or where they are reasonably thought to be stored and may re-possess the same.
h] Buyer has authority to sell on and deliver the Goods to a sub-purchaser subject to the following conditions:-
i. in entering such an Agreement Buyer acts as Agents and Bailee of Seller, whether Buyer purports to sell on its own account or not, and
ii. the full proceeds of the sub-sale are held in trust for Seller until such time as Buyer discharges its total indebtedness to Seller in respect of all Goods supplied by Seller to Buyer under any contract between them. This sub paragraph is to apply even if Seller has not required Buyer to make formal assignment of the proceeds of sale, or given notice thereof, and shall be binding against a receiver administrator liquidator or trustee in bankruptcy of Buyer, and
iii. the full proceeds of sub-sale are not mingled with any other monies of the Buyer and are at all times kept in a separate account and are identifiable as Sellers money
iv. the full proceeds of sale are not used, drawn upon, borrowed against advanced, loaned pledged or otherwise dealt with by Buyer in any way save as set out herein.
i] If Buyer has not received the full proceeds of any such sub-sale within 7 days thereof,
the Buyer shall:-
give notice to Seller of the non-payment assign to Seller all Buyers rights against the sub-purchaser of the Goods, if requested to do so by Seller, a if such assignment is requested to give notice to the sub-purchaser.
4. The Seller shall arrange for delivery of Goods to Buyer's premises at the address stated in this Contract for Sale. Delivery to non account customers shall be conditional upon payment by such Buyer in accordance with the terms of this Contract for Sale. Seller reserves the right to make delivery in part loads to Buyer over a period of time in respect of one order.
5. Full settlement of accounts must be made in respect of Goods which Seller:- notified Buyer are ready for delivery promptly upon receipt of such notice unless Buyer is an account customer in which event payment is required within 30 days of the date of the invoice accompanying any delivery of Goods.
6. Sellers reserve the right to :-
a] Charge interest at the rate of 3% per month or fraction thereof on accounts unpaid after expiration of 30 days from invoice date.
b] Charge a reasonable cancellation fee upon cancellation or other refusal by Buyer of all or any of the portion of the Goods (minimum of 15%).
c] Charge Buyer for any costs incurred in collecting the contract price from Buyer, including without limitation lawyers' fees and bank charges for returned cheques.
7. No returns will be accepted after 10 working days from the receipt of the Goods.
8. Seller shall not be bound to accept the return of any Goods from Buyer which have been returned to Buyer by a sub-purchaser unless Seller has agreed to the return, and the Goods exceed the contract price hereunder for such Goods.
9. To enable Seller to comply with the carrier terms regarding acceptance of claims, Seller must be advised immediately in writing if Goods do not arrive within 7 days of invoice date.
10. All emergency deliveries by Seller's 24 hour service are subject to surcharge.
11. The Statutory Law and customary implied conditions and warranties are all expressly excluded as far as legally permissible; this exclusion comprises each and every condition or warranty which might, but for it, have been implied by any statute or by common law or by custom.
12. In no circumstances shall the company be liable for consequential damage or loss howsoever arising as a result direct or indirect of any failure or alleged failure or defect or alleged defect in the goods
13. Failure of Seller to insist, in any one or more instances, upon the performance of any of the terms, covenants of conditions of this contract or to exercise any right hereunder shall not be construed as a waiver or relinquishment of the future performance of any such term, covenant or condition or the future exercise of such right but the obligation of Buyer with respect to such future performance shall continue in full force and effect.
14. Where the Company agrees to install and/or affix the products for the buyer:-
a] The Company shall be under no liability whatsoever for any loss or damage, whether direct or consequential and howsoever arising caused to the buyer's customer or to any third party during or as a result of or in connection with the installation save where such loss or damage was caused by the negligence of the Company its servants or agents in or about the installation.
b] The buyer shall indemnify the Company against any loss or damage suffered by the Company (including any liability which the Company may incur towards any third party) during or as a result of or in connection with the installation save where such loss or damage was caused by the negligence of the Company its servants or agents in or about the installation.
c] Notwithstanding that the Company has agreed to install the product for the buyer the product shall nevertheless be considered as delivered to the buyer when the same is collected by the buyer from the Company's premises or delivered to the buyer in accordance with the latter's instructions.
d] In any such case the Company may at its option sub-contract the work of installing/affixing the product to a Third Party and in such instance the Third Party's contract conditions shall apply and bind the buyer.
15. Seller reserves the right to add a minimum order surcharge which would be notified on the order confirmation.
16. Data Protection:-
We will only use personal information you supply to us for the reason that you provided it for.
We will only hold your information for as long as necessary to fulfil that purpose.
We will not pass your information to any other parties unless this is made clear to you at the time you supplied it.
All employees and contractors who have access to your personal data or are associated with the handling of that data are obliged to respect your confidentiality.
17. Website Content:-
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Unless stated otherwise, you may access and download the materials located on www.healthyworkstations.com for personal, or other non-commercial use.
Although Healthyworkstations has attempted to ensure accuracy, it makes no representations or warranties in this regard. Neither the Author, nor the Company, assume legal liability or responsibility for errors or omissions, or for loss, injury or damage resulting from the use of any information, or recommendations, contained within this website; the Company and author do not purport to offer medical opinion or expertise, nor any recommendation regarding fitness for work.
We are not responsible for the contents or reliability of any other websites to which we provide a link and do not necessarily endorse the views expressed within them.
Opinions expressed on Healthy Workstations Blogs are those of the respective contributing user only. These views do not represent those of Healthy Workstations Ltd its management or employees. Healthy Workstations Ltd is not responsible for and disclaims all liability for content and comments contributed to Healthy Workstations Blogs by All users.
Visitors who use this website and rely on any information do so entirely at their own risk.
18. Other Important Notes:-
BS Standards:- All furniture is manufactured to comply with the most stringent British & European regulations. Details on individual products can be supplied upon request.
Printing:- Due to the limitations of the printing/photographic processes, the illustrations/colours in our literature are approximate representations and are not binding in detail. The manufacturers reserve the right to alter specifications and discontinue models without prior notice. it is the customers' responsibility to ensure that the Goods are reasonably suited to the purpose for which they were purchased and that the Goods conform in their usage and installation to all current statutory requirements relating to health and safety.
All measurements are approximate.
E and OE.
Guarantee:- All products are subject to the manufacturers guarantee.
Prices quoted exclude VAT (unless stated otherwise) and are in GBP (Pound Sterling)
Very helpful and exceptionally thorough in their assessment and professional approach.