- â€œthe Companyâ€ shall mean CASA Wood Fired Pizza Ovens Limited.
- â€œthe Customerâ€ shall mean any person or corporation to whom goods are agreed to be sold by the Company.
- â€œthe Priceâ€ shall mean the amount of the quotation plus delivery if charged additionally and VAT.
- These terms shall apply to all business undertaken by the Company to the exclusion of any other terms sought to be imposed by the customer and will remain in force to cover all future store based orders unless revised terms of sales are subsequently issued.
- No employees or agent of the Company has authority to give any representation or warranty whatsoever relating to goods sold by the Company, or to agree to any variation of or addition to these terms unless such representation warranty variation or addition is in writing and signed on behalf of the Company by a director.
- Proposals constitute an invitation to treat and not an offer.
- Unless otherwise stated, proposals include the cost of delivery on normal working days and during normal working hours. Deliveries made other than on normal working days during normal working hours will be subject to additional charges.
- VAT will be added to the proposals at the rate in force at the appropriate tax point.
- Orders will not be binding until confirmed in writing by the Company, a deposit is placed by the Customer and a copy of the Proposal and Terms of Sale is countersigned by the customer as accepting both. The Company will allow the CustomerÂ two daysÂ from receipt of the countersigned proposal to reconsider their decision before the sale becomes binding.
- Amendments requested by the customer to products/services after the sale becomes binding, resulting in additional costs, are to be charged and paid for in full prior to the amendment being accepted by the company.
- The Company reserves the right to require a deposit (up to 50% of the price) on acceptance of the proposal.
- Cancellation of an order by the Customer after acceptance by the Company shall entitle the Company (without prejudice to any other right or remedy it may have) to retain any deposit paid and to recover from the customer the amount of any costs, expenses and liabilities incurred by the Company arising out of the cancellation of the order.
- All bespoke items identified are to be paid for in full when accepting the proposal, the balance of order will be covered by a deposit, per note 4(c) above.
- Proposal prices will remain firm for a period of 28 days. Following such period the Company shall be entitled to review the costs prevailing at the time of the proposal and the Company shall be entitled to increase the price if the customer has not by this time accepted the proposal.
- The proposal price is based on prices applicable to the quantities specified and in the event of an order being placed for a lesser quantity than that quoted for, the Company shall be entitled to adjust the price of the goods as ordered to take account of the variation in quantity, effectively increasing the unit rate.
- The Company reserves the right to alter the price at any stage in the event of a clerical error having led to the proposal and/or acceptance of the incorrect price.
- The Company will make every effort to deliver goods on the date specified. The date and time of delivery is an estimate given in good faith. If the Company subsequently learns that the estimate is inaccurate, it will inform the customer using the contact details given.
- If the Company attempts to make a delivery at the agreed date/time and no one is present at the premises to enable the delivery to take place, then a repeat delivery charge of Â£40.00 shall be levied for any additional journey necessary.
- Any delivery date shall automatically be extended by any period of delay caused by circumstances beyond the Companyâ€™s control including but not limited to strikes, non-delivery by suppliers and shortage of materials. The Company shall not be liable for delay in delivery or for any loss or damage whether directly or indirectly caused.
- The customer must ensure that access is suitable for the delivery of goods. For â€œSupply Onlyâ€ goods, the Company will only take responsibility for the goods to the customerâ€™s front door. From this point, the Customer will take responsibility of the goods. The delivery staff will however offer reason assistance where possible to deliver the goods to the customerâ€™s requested position.
- The Company reserves the right not to deliver or collect any goods over roads or ground which at the discretion of the Company, is considered to be unsuitable.
- Delivery shall be deemed to have taken place on the day when the customer, or representative, takes possession of the goods.
- g) If goods remain in the Companyâ€™s warehouse for longer than three months, during which time the customer fails to accept delivery, the Company will charge Â£25.00 per week storage charge. The Company will not accept any liability for damage to customerâ€™s goods stored in the warehouse.
- The customer shall inspect the goods immediately on delivery and shall notify the Company within 3 days of any damage, defect, shortage or discrepancy between the goods ordered and the goods delivered. On the expiration of 3 days the customer shall be deemed to have accepted the goods.
- Customerâ€™s that donâ€™t have a trade account facility will need to pay on the following terms, unless variation in writing is signed on behalf of the company by a director:-
- Pay for â€œSupply Onlyâ€ goods in full prior to delivery/collection.
- Following initial deposit, make further payment(s), prior to delivery, bringing total payments to an equivalent 90% of the agreed price.
- Unless a sale is for cash, or other credit terms have been expressly agreed, all accounts are due for payment within 21 days of delivery or substantial completion of installation.
- Payment by cheque shall be deemed to be made only when the cheque has been cleared.
- Second payments made by a Credit Card / American Express will be subject to a 1%/2% finance charge, respectfully
- Late payments shall be subject to interest at 8% above Lloyds Bank base rate at time in force.
- In the case of non-payment of any account when due, or in the case of any default or refusal on the part of the customer to take delivery of any goods, or in the case of death, incapacity, bankruptcy or insolvency of the customer, or if the customer is a limited company in the case of liquidation or the appointment of a receiver, then the price of all goods and/or work invoiced and/or delivered by the Company to the customer to date shall immediately become due and payable from the customer to the Company and the Company shall have the right to cancel every contract made with the customer or to suspend delivery of goods at the Companyâ€™s option without prejudice to the Companyâ€™s right to recover any loss sustained.
9. Title and Risk
- The risk in the goods will pass to the customer on delivery.
- The property in the goods shall not pass to the customer until they have been paid for in full.
- Non-payment of any sum due to the Company shall entitle the Company to repossess any goods which remain the property of the Company.
10. Defective Goods
The Company warrants that it will in its absolute discretion repair or replace free of charge or in its absolute discretion refund the purchase price of goods supplied if the Company is satisfied that the goods were defective in material or workmanship upon delivery and provided notice of the defect is given to the Company within three days of delivery in accordance with clause 7 of these terms.
The above obligation is undertaken provided the goods are returned to the Companyâ€™s premises at the customerâ€™s expense and further provided that the Company accept no liability for the cost of taking out, re-fixing or making good other materials.
- Descriptions and illustrations provided by the Company in catalogues, brochures and/or trade literature and samples are for general guidance only. The Company shall not be liable for any variation in colour, size, quality, thickness, shape, substance or performance of goods sold by reference to description and/or sample.
12. Intellectual Property
- All drawings produced by the Company will remain the property of the Company until completion of the installation and or delivery of the goods. Drawings may not be used or reproduced by a third party in order to provide a competitive service.
13. Data Protection
- The Company reserves the right to keep all Customer details on file until such a time as the Company deems it suitable to destroy them. The Company will take all reasonable precautions to ensure all such information remains confidential.
- Where the Companies Installation Service has been used, the Company will guarantee all work carried out for a period of two years from completion of the installation provided that no alterations or mistreatment has been made by the customer or third party. Manufacturerâ€™s warranty applies to all goods supplied.
15. After Sale Care
- Our products under normal circumstances should give many years of service, if cared for and maintained in accordance with the manufactures instructions. If in doubt as to how a product should be cared for please refer to the manufactures care line or web site for further guidance. Inappropriate use of cleaning materials or accidental damage will not be covered by the manufacturers guarantee.
- The company reserves the right of discretion, to accept/or refuse the return of any goods supplied and to make a restocking charge. It is the Customerâ€™s responsibility to ensure that all goods are returned in the original packaging and in re-salable condition. Damaged or incomplete goods will not be accepted for credit unless a prior agreement is made with the Company. If upon receipt and examination of returned goods, the Company finds there is a discrepancy in the Customerâ€™s stated reason for returning the goods, the Company reserves the right to charge in full for the goods in question.
17. Statutory Rights
Nothing contained in the above terms shall affect the statutory rights of any consumer.