Our products are specially made in factories in Europe and lead times are 8 —10 weeks from date of order to delivery. Because your order is being specially made we require a deposit of 50%, of total order value. This deposit is payable on order. The remainder of the order value will be due prior to delivery of goods to Client site. Chattels do not offer credit accounts.
Once a delivery date has been agreed Chattels will endeavour to meet that date.
When a furniture-only order has been placed we normally use a contracted third party supplier to deliver the goods on our behalf. Unless specified in the purchase order, deliveries will not be made at a specific time on the delivery day. Whenever possible we will endeavour to meet the needs of our customers, however if a specific delivery time is required a surcharge may be incurred.
Where Chattels are notified by a supplier that a shipment is delayed, and we are not able to make agreed delivery dates, we undertake to contact affected customers within 24 hours to re-schedule delivery. Whenever possible we let clients know as early as possible and always aim to keep inconvenience to a minimum.
It is Chattels policy to use our own employees wherever possible in design, fitting and installation. We are familiar with working in commercial & contracting environments and have all the necessary licenses and insurance coverage (copies available upon request). Where it is necessary to use third party contractors, they are normally drawn from a small group of approved suppliers.
Warranty returns, defective goods, delivery queries
The Chattels commercial department is responsible for ensuring any defective piece of furniture, incorrect delivery or shipment query is dealt with quickly and effectively. Should a problem arise following delivery, please contact your sales contact and they will resolve any queries as soon as possible.
Nothing herein contained is intended to affect, nor will affect a consumer's statutory rights under the Sale of Goods Act 1979 or the Unfair Contract Terms Act 1977.
General acceptance by us of your order is conditional upon acceptance by you of the following conditions which override all other terms and conditions inconsistent herewith, express, implied, statutory or otherwise wherever contained except insofar as any conditions or warranties implied by statute shall by statute not be capable of being excluded. Consequently any terms in the contract which purports to exempt from or restrict the operation of or has the effect of exempting from or restricting the operation of any of the provisions of section 12,13,14 or 15 of the Sale of Goods Act 1893 as amended by the Supply of Goods (Implied Terms) Act 1973 shall, in the case of consumer sales within the meaning of the Act as amended, be void insofar as it has or purports to have the effect. No variation to the contract shall be binding unless accepted by us in writing.
Availability of Goods
Goods ex-Stock arc offered subject to prior sale; all other goods are offered subject to our being able to secure the same.
All prices quoted are those ruling at the date of our quotation or the date of despatch of the goods as the case may be, and are subject to variation without notice. We re-serve the right to alter the contract price to take account of any alteration in the rates of or the imposition of any value added tax or similar sales tax now or hereafter imposed.
Samples, Descriptions and Illustrations
Where samples of goods, fabrics, leathers or colour charts are provided, these are submitted as indicative of the class or colour of goods quoted for and sales of goods shall not be by reference to any such samples or colour charts. Whilst all our descriptions and illustrations of the goods in catalogues, brochures and price lists provided by us have been carefully prepared, they are intended nevertheless for general guidance only and do not form part of any contract for sale of our goods and we do not accept responsibility for any errors or omissions therein or for any loss or damage resulting from reliance on such descriptions and illustrations. The goods are not tested or sold as fit for any particular purpose and any term, warranty or condition express, implied or statutory, to the contrary is excluded with the exception of warranties and conditions implied by section 14 of the Sale of Goods Act 1893 as amended by the Supply of Goods (Implied Terms) Act 1973 in the case of consumer sales within the meaning of the Act as amended. When we agree to provide a specially designed plan, we shall not accept any liability arising from any omissions or inaccuracies in the measurements given to us. Any plan drawn up by us is and remains our property and may not be reproduced in whole or in part without our written consent. In the case of sales of kitchen, wardrobe or other system furniture where we do not provide a specially designed plan any such sale does not imply that the goods are to the correct specification for your premises or purpose.
Delivery dates are quoted without engagement, although every endeavour will be made to the date or dates quoted, in no circumstances shall we be liable for any delay in delivery or loss arising there from however caused. Time shall not be the essence of the contract. When goods are offered for delivery to site, our obligation is limited to delivery as near to site as safe hard road permits. You are responsible for providing, free of charge, the labour required to unload and stack the goods. We reserve the right to deliver the contract goods by instalments and in such event each instalment shall be treated a separate contract save that deliveries of further instalments may be withheld until the goods comprised in earlier instalments have been paid for in full.
Damage and loss in Transit
We accept no liability for damage of goods occurring in transit unless notified to us and, where a carrier is concerned, such carrier, within two days after delivery and provided that the goods have been signed for "unexamined" the case on non-delivery we accept no liability of any sort unless written notice of non-delivery is given to us within seven days after the posting of advice or despatch of invoice for or credit note in respect of the goods. Our liability for damage or non-delivery of goods duly notified to us in accordance with the above shall in any event be limited to replacement of the goods within a reasonable time (or at our option refunding the price thereof) whether the damage or non-delivery of the goods is due to our negligence or otherwise.
In the event of the whole order not being placed with us or of your cancelling a part of the order in accordance with the provision of condition "Cancellations and Returns" hereof, we reserve the right to revise the price or prices quoted.
Cancellation and Returns
Contracts and orders and parts thereof may be cancelled only with our previous agreement in writing in any case which we are required to pay in full, or place a deposit with a manufacturer or supplier in respect of your order the sum by way of deposit or a part thereof may be forfeited by you in the event of your cancellation of the order or any part thereof. Any goods returned to us for credit shall be accepted by us only if in the same are in good condition and credit in respect thereof shall be subject to a minimum deduction of 20% for handling and • restocking.
Passing of Property
The property of the goods shall not pass to you until payment in full of the price to us. Provided however that we may waive this condition in respect of and to the extent to which the goods or any part of them have been incorporated in building or constructional work. While the goods are in your possession or under your control and until the property therein has passed to you, the goods shall be at your risk and you shall indemnify us against any loss of or damage to the goods by payment in full of the price thereof, and against any claims arising out of injury or damage attributable to the goods.
Subject as hereinafter provided any goods sold will be replaced or repaired free of charge (or at our option the purchase price will be refunded) if we are satisfied that they were defective in material or workmanship upon delivery of such goods and the goods are returned to our works carriage paid. Our warranty to repair or replace goods does not include the cost of taking out, or re-fixing or making good other materials. The above undertaking is given in lieu of all conditions or warranties express or implied, statutory or otherwise, which are thereby expressly excluded, and no liability is accepted by us for loss or damage of any kind whether arising by reason of our negligence or otherwise. Where the goods are not of our manufacture and the manufacturer or manufacturers thereof has or have his or their liability in respect thereof or in respect of any consequential liability in connection therewith the same limitation shall apply to our liability on the sale by us of such goods and such limited liability shall be in lieu of all other conditions or warranties expressed or implied, statutory or otherwise which are hereby expressly excluded. In the case of consumer sales within the meaning of the Sale of Goods Act 1893 as amended by the Supply of Goods (Implied Terms) Act 1973, nothing in this clause shall operate to restrict either the exercise of any right conferred by the provision of section 12,13,14 or 15 of the Sale of Goods Act 1893 as amended by the Supply of Goods (Implied Terms) Act 973 or any liability we may have for breach of a condition or warranty implied by these sections.
Our total liability hereunder for all any loss (whether consequential or otherwise) arising from whatever reason shall be limited to the contract price for the goods in the case of consumer sales within the meaning of the Sale of Goods Act 1893 as amended by the Supply of Goo. (1mplied Terms) Act 1973 or any liability we may have for breach of a condition or warranty implied by these sections.
Representations before Contract
In accepting the delivery of the goods you acknowledge that no representations whether oral or in writing have been made by us or by any officer, servant or agent of ours, which have induced you to enter into this contract for the purchase of goods. No representation or warranty is made, given or to be implied save for those expressly stated in these Conditions or implied in the case of consumer sale within the meaning of the Sale of Goods Act 1893 as amended by the Supply of Goods (Implied Terms) Act 1973 by sections 12,13,14 or the Sale of Goods Act 1893 as amended by the Supply of Goods (Implied Terms) Act 1973.
Where an installer of the goods is recommended by us such recommendation is made in good faith and without responsibility and we give no warranty as to the ability of the installer nor is any such warranty to be implied by reasons of such recommendation in no circumstances shall we be liable for any loss, damage or expense suffered by you or any third party by reason of any acts, defaults, omissions or delays of the installer, his servant, agents or subcontractors whether due to negligence or otherwise.
Where goods are delivered to the order of a recognised trade customer, payment will be due on or before the last day of the month immediately following the month during which the goods were delivered unless otherwise agreed between us. A customer who is not a recognised trade customer will be required to pay the whole purchase price of the goods in full, including any tax and/or delivery charges before the goods are delivered to site.
Default in Payment Bankruptcy
If you default in paying any sum due under the contract, or if you become bankrupt or go into liquidation or make any composition with your creditors or Receiver or Manager is appointed we shall be at liberty to cancel the contract unless payment is made for the whole of the goods ordered.
The obtaining of any necessary consents for the installation of the goods whether from local or other authorities and the fact that the installation of the goods is in breach of any of the provision of any bye-laws, regulations or statues shall not be our responsibility and shall have no affect on the validity of a contract or sale of our goods.
Every contract to which these conditions apply shall be constructed and operate as an English contract and in accordance with English Law and all disputes shall be subject to the jurisdiction of the English Courts.