Product catalogue

Interiors catalogue

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Terms & Conditions

1 GENERAL

1.1 In these Conditions of Sale: “the Supplier” means Forward Products;

“the Buyer” means any person, firm, company, corporation or any other

body, purchasing Goods from the Supplier; “Goods” means each and every

product, article or thing and any part thereof supplied or to be supplied by

the Supplier.

1.2 The Supplier offers Goods for sale subject to these Conditions of Sale which

shall apply to and be incorporated into all contracts made by the Supplier

for the sale of Goods, to the exclusion of any other terms and conditions.

Any written, printed or standard terms or conditions contained in any

document emanating from the Buyer shall have no legal effect whatsoever

and the Buyer waives any right he may otherwise have to rely on such terms

or conditions. However, in the case of consumer transactions, the Terms and

Conditions do not affect the consumer’s statutory rights.

1.3 No servant or agent of the Supplier has authority to modify, amend or

exclude any of these Conditions of Sale, to sell or enter in to an agreement

to sell otherwise than subject exclusively to these Conditions of Sale or to

make any representation or warranty (save as provided herein) without the

express authority in writing of a partner in the Supplier and no

modification, amendment or exclusion of these Conditions of Sale or any

part thereof shall be binding on the Supplier unless otherwise agreed in

writing by a partner in the Supplier.

1.4 Save where and to the extent that a prohibition against exclusion or

limitation of obligations applies, the Supplier, its servants and agents shall

be under no liability whatsoever to the Buyer, whether in contract, tort or

otherwise howsoever, whether or not resulting from any negligence of the

Supplier, its servants or agents (including any liability for consequential

injury, loss or damage of any nature whatsoever with the exception of

liability for death or personal injury resulting from negligence) for or arising

out of advice, information or opinion or statement given or made by the

Supplier, its servants or agents, whether the same be oral or in writing, and

all conditions, warranties and other terms whether express or implied,

statutory or otherwise inconsistent with this Condition are hereby excluded.

In particular and without prejudice to the generality of the foregoing, it is

the responsibility of the Buyer to determine whether the Goods ordered are

fit for any purpose for which they may be required, and all conditions,

warranties and other terms whether express or implied, statutory or

otherwise, inconsistent with the provisions of this Condition are hereby

excluded, save where and to the extent that such exclusion is prevented by

law.

1.5 Any specifications, formulations, data, literature, statements as to content,

suitability, performance or otherwise, and descriptions and samples given by

the Supplier in connection with Goods supplied are offered in good faith

but are intended to be approximate only and shall be deemed not to

constitute representations.

1.6 The Supplier reserves, at its sole discretion, the absolute right to refuse any

order and the event of so doing shall occur no liability whatsoever,

howsoever caused.

1.7 Food, drink and special items are non returnable.

 

2 QUOTATIONS

2.1 Notwithstanding Condition 1.3 any quotation, verbal or written, issued by

the Supplier (which may or may not constitute an offer to sell), is not of the

essence of the Contract, but nevertheless remains subject to the Conditions

of Sale.

 

3 PRICE

3.1 The price of Goods supplied shall be the price stated in the Supplier’s

written quotation. Should no written quotation have been given by the

Supplier, the price payable of the Goods shall be that contained in the

Supplier’s price list current at the time of despatch.

3.2 The Supplier reserves the right to make at any time such alterations to its

price list as it may deem fit.

3.3 Unless otherwise agreed in writing in accordance with Condition 1.3, all

prices shall be deemed to be exclusive of Value Added Tax which shall be

payable in addition by the Buyer at the rate prevailing at the tax point of sale.

3.4 The Supplier reserves the right to charge the Buyer the cost of delivery of

the Goods for orders below £25 nett value.

 

4 PAYMENT

4.1 Time of payment is of the essence of the Contract.

4.2 Unless otherwise agreed in accordance with Condition 1.3 or unless the

Buyer has a current Credit Account with the Supplier, the price of the Goods

and any additional charges will be paid in sterling in full in cash with order,

but if cash is not paid with order the Supplier shall have the right to require

payment in cash on delivery.

4.3 Unless otherwise agreed in accordance with Condition 1.3 payment for

Goods supplied on a credit account shall become due and payable not later

than the last day of the month following the month of delivery of the Goods.

4.4 Without prejudice to any other rights of the Supplier. however arising, in the

event that the Buyer fails to pay the price or any part thereof or any other

sums due under the Contract in accordance therewith, the Supplier shall be

entitled:

ii(i) to charge interest at the rate of 2% per month or part month, or at the

rate of 4% per annum above the HSBC Bank PLC base rate from time to

time in force, whichever is the higher, on all sums payable by the Buyer

from the date on which the sum became payable until payment in full

has been received by the Supplier;

i(ii) to refuse to make delivery of any Goods ordered by the Buyer whether

under the same or any other Contract with the Supplier, without

incurring any liability whatsoever to the Buyer, until payment is made in

full of all sums due from the Buyer to the Supplier;

(iii) to recover all costs and expenses incurred by the Supplier in collection

or recovery of sums due and the Buyer hereby agrees to indemnify the

Supplier in respect of all such costs and expenses;

(iv) to terminate with or without notice the Contract insofar as it remains

unperformed, whereupon the Buyer shall he liable to pay to the

Supplier all sums due at termination, plus the amount of any loss

whatsoever sustained by the Supplier by reason of the said termination.

4.5 The Supplier shall be entitled to close or suspend any account at any time,

in its sole discretion. In that event, the balance or the account shall be

payable forthwith.

4.6 The Supplier shall be at any time entitled to appropriate any payment made

by the Buyer in settlement of any debt of the Buyer as the Supplier in its

absolute discretion deems fit, notwithstanding any purported appropriation

to the contrary by the Buyer.

 

5. RISK

5.1 All Goods shall be at the Buyer’s risk from the time of delivery to the Buyer,

save that property passes to the Buyer prior to delivery, the Goods shall be

at the Buyer’s risk from the time when property passes to the Buyer, in

which case, a carrier shall be deemed to be the agent of the Buyer.

 

6 TITLE TO GOODS

6.1 Until such time as the buyer shall have paid the Supplier in full the price of

and all additional charges in respect of Goods supplied under the Contract:

i(i) Ownership of the Goods shall remain in the Supplier, and the Buyer

shall hold the Goods as bailee fiduciary for the Supplier:

(ii) If the Buyer sells (or allows to be sold) the Goods, the proceeds of sale

shall be held in a separate clearly identifiable account and the Buyer’s

beneficial interest shall attach to the proceeds of sale and the Buyer shall

have the right to trace such proceeds of sale.

 

7 DELIVERY

7.1 Any delivery dates or times given are approximate only and are not of any

contractual consequence and the Supplier shall not be under any liability to

the Buyer in respect of any failure to deliver on any particular date or dates,

nor shall time of delivery be of the essence of any Contract.

7.2 Save where and to the extent that a prohibition against exclusion or restriction

of obligations or liability applies, the Supplier shall not be liable for loss, whole

or partial. mis-delivery or shortage, patent defect or damage to Goods supplied,

unless the Supplier is advised thereof by the Buyer’s or consignee’s signing and

annotating the carrier’s or consignor’s delivery note to that effect; reporting the

same to the Supplier immediately by telephone, and further confirming such

reports in writing to the Supplier within 3 days of receipt of the Goods. whether

or not due to the negligence of the Supplier, its servants or agents.

 

8 FORCE MAJEURE

If the Supplier is prevented. hindered or delayed. whether directly or

indirectly, from making delivery of the Goods or any part thereof in

accordance with the terms of any agreement or from otherwise performing

such agreement or any part thereof by reason of an Act or Acts of God, war,

embargo, riot, strike, lock-out, trade dispute, fire, breakdown, inclement

weather, interruption of transport, government action, delay in delivery or

non-delivery to the Supplier of any Goods or materials or by any cause

whatsoever (whether or not of like nature to those specified above) outside

its control, it shall be under no liability whatsoever whether in contract, tort

or otherwise howsoever to the Buyer and shall be entitled at its option, to

be notified in writing to the Buyer, either to cancel the contract or, without

any liability, to extend the time of such performance by a period equivalent

to that during which performance has been prevented, hindered or delayed

as aforesaid.

 

9 CANCELLATION OF ORDER/RETURNS

9.1 The Supplier may in its sole discretion accept or reject the cancellation of

any order once such order has been accepted by the Supplier. The Supplier

will in no circumstances accept the cancellation of an order for Goods which

are specially made or obtained once such an order has been accepted by the

Supplier nor will any allowance be made in respect of such Goods where

they are subsequently returned.

9.2 The Supplier may in its sole discretion accept or reject the return of any

Goods which have been incorrectly ordered. In the event that the Supplier

decides to accept the return of such Goods, such acceptance shall be upon

such terms as the Supplier may determine and in particular the Supplier

reserves the right to charge for the carriage and handling of such Goods.

 

10 INDEMNITY

10.1 The Supplier shall not be liable for any expenditure, loss (including without

limitation economic indirect and consequential loss) damage or injury

(except for death or personal injury arising from negligence), arising out of

any use or dealing with any Goods howsoever such expenditure, loss,

damage or injury shall arise and whether from any defect in the Goods or

otherwise.

10.2 Save only for the exception defined in Condition 10.1 above, the Buyer shall

indemnify the Supplier against all and any claims, costs, actions or demands

whatsoever and howsoever arising made by any third party (including the

Buyer’s employees) whether direct or indirect relating to the Goods or the

use thereof including without limitation those relating to the Goods or the

use thereof or arising as a result of the operation of the Consumer

Protection Act 1987 and those arising out of manufacture or process

according to instructions or designs of the Buyer.

 

11 NON-WAIVER OF RIGHTS

No time given or concession made on the part of the Supplier shall be

construed as a waiver of any of its rights or remedies.

 

12 INTERPRETATION

12.1 In the event of the invalidity of any of these Conditions or any part thereof,

the same shall be severed and shall not affect the validity or enforceability of

the remaining provisions.

12.2 These Conditions shall be interpreted without reference to their headings

which are for reference purposes only.

12.3 The Contract shall be deemed to have been made in England and shall be

governed by English Law.

12.4 Any claim or dispute arising in any way out of or in connection with the

Contract or the supply of Goods shall be subject to the exclusive jurisdiction

of the English Courts.

12.5 The Uniform Law on International Sales shall not apply to the Contract.

 

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