1. Introduction The following conditions apply to the sale, loan, hire, servicing or repair of goods supplied by Links Furniture Ltd T/A AllSfar, hereinafter called “the Company” or “Seller”. These conditions supersede any earlier conditions of the Company and apply to all contracts and override all conditions stipulated by the Buyer and any other agreements between the parties relating to the subject matter hereof are hereby terminated. No alterations or addition to nor exclusion of, any part of these conditions shall be applicable unless in writing by a partner of the Company.
2. Meanings The words “buyer and customer” shall include buyer, borrower, hirer, lessees, owner or any other person who is in charge of the goods. The word “goods” shall include furniture, acoustic products and ancillary products including spare parts and other product supplied, serviced, repaired, loaned or hired by “the Company”. The singular shall include the plural as also the masculine shall include the feminine and vice versa.
3. Terms of Payment Charges for goods or services supplied shall be paid in full on or before delivery or completion unless the Buyer has an agreed credit account with the Company (confirmed in writing). Where a credit account has been agreed, the first order would require payment in full before delivery. For large projects we may request a part payment with order, part on start of delivery and balance on completion, this will be stated on our quotation. Where the Buyer has such an account, payment shall be made by the 30th of the month following date of the invoice. If payment is delayed, the Company reserves the right to charge interest on outstanding monies at the rate of 2½% per month or part month, which shall be due for payment immediately. The Director/Directors of limited liability companies, public limited companies and the Partner/Partners of limited liability partnerships guarantee both personally and severally to pay any debts remaining unpaid through the default of their company or partnership and that this forms the basis of any credit account facility. The Company may close the Buyer’s account at any time at its discretion and all amounts owed will become immediately due. In the case of overdue monies we reserve the right to place the account on hold and suspend any orders or any work placed with us until such monies are paid. The Company (or Companies within the group) reserve the right to offset any monies owed to the customer against any monies due to the Company (or associated Companies) however they may have arisen. The Company is not a registered High Value Dealer and will only receive cash payments in accordance with current legislation.
4. Collection of Account In the event of an account being overdue the Buyer shall be responsible to indemnify the Company for costs incurred in collecting the amount including charges payable to debt collectors, solicitors etc on a full indemnity basis. This includes the cost of legal action against the Buyer in order to obtain payment of outstanding accounts, the Buyer is responsible to pay the Company for any bank or other charges incurred on unpaid or returned cheques.
5. Title The property in the goods shall only pass to the Buyer, notwithstanding physical delivery, when payment for them is made in full by the Buyer. The risk in the goods shall pass to the Buyer when delivery is made. The Seller reserves the right to repossess the goods to which it has title hereunder and for this purpose the Buyer hereby grants an irrevocable right and license to the Company’s servants and agents to enter upon all or any of its premises with such transport as may be necessary during normal working hours. Nothing in this condition shall confer any right upon the Buyer to return the goods sold hereunder or to refuse or delay payment therefore unless otherwise agreed.
6. Prices and Quotations The Company shall not be held liable for any misinterpretation, omissions or errors in any quotation given. Any item not specifically detailed in a quotation to the Customer e.g. transport etc. are not included in the quoted price, and are subject to extra charges, including storage and multiple deliveries unless otherwise stated.
7. Delivery/Storage Any time named by the Company for delivery is given in good faith and an estimate only, and while every effort will be made to deliver on time, the Company will not be liable for the consequences of any delay, or non-delivery which fall outside of our control. Shipments of supplied goods must be checked on receipt and claims in respect of short deliveries, packing errors, damage to goods or quality issues must be notified to AllSfar immediately by telephone and in writing within 2 days of receipt of goods with photographic evidence. Should any faulty goods be relocated, stored, changed, or installed after delivery Allsfar will not refund such goods or be liable for any costs associated with correction, repair, remake, return or re-delivery unless notified as required in these terms and had full opportunity and reasonable time to offer a solution, agreed in writing, and to carry out any such agreement. Any remedials will only be carried out at our premises unless otherwise agreed in writing. Claims for non-delivery must also be made within 3 days of invoice. AllSfar will deliver goods based on the most economical option and is for kerbside delivery only unless otherwise specified. Any special requests for timed delivery, installation or 3rd party location delivery will incur extra charges and must be requested at least 5 days in advance. Standard delivery times are between 8am and 6pm. Storage will be charged on goods we have to store beyond the agreed delivery/collection date. The Company reserve the right to invoice goods which the Company are storing beyond the agreed delivery/collection date. Refused deliveries or any subsequent change in delivery address or split deliveries will involve extra charges. All goods held in storage for the Buyer shall be held at the Buyer’s risk and they are responsible for their insurance.
8. Returned Goods Requests To return correctly supplied goods, for whatever reason, will only be accepted subject to a 35% restocking charge plus any handling charge, any carriage or additional costs incurred by the Company. Such goods must be returned to us, carriage paid in their original condition within 14 days of invoice date. Correctly supplied bespoke goods or ‘processed’ goods and/or non-stock items (i.e., non ‘raw’ stock items) are non-refundable, and must be paid for in full. Any returned goods of this nature may incur a disposal charge.
9. Cancellation or Quantity Reductions Cancellation or reduction in quantities on orders must be given in writing. Any additional costs incurred will be invoiced accordingly. Should the buyer cancel an order at any stage the Customer will pay for all work done and all costs incurred up to that point including any materials ordered for the production of that order, if the materials can be fully utilised by the Company, then the Company and the Buyer will negotiate a fair settlement for the said materials.
10. Change of specification after order Any changes in the specification or artwork on orders must be given in writing. Any additional costs incurred including work done to date and materials purchased will be invoiced accordingly. If the materials can be fully utilised by the Company, then the Company and the Buyer will negotiate a fair settlement for the said materials.
11. Specification of Goods Defects, It is the responsibility of the Buyer to examine goods for defects in materials and/or workmanship which are likely to cause damage or injury. Illustrations, descriptions, weights and measurements are to be taken as a guide only and are not binding in detail. The Company reserves the right without notice and without affecting the validity of the contract, to make such changes in materials, dimensions and design as are reasonable or desirable.
12. Installation Where assembly of the goods is not done by the Company, the party assembling the goods must follow the instructions and must follow standard installation procedures. Failure to do so will invalidate the Company’s liability for damage and invalidate any warranties or guarantees.
13. Advice, Information and Opinion Advice, information and opinion given by any partner, employee or agent of the Company is given without legal responsibility. Any recommendation or suggestion relating to the use of the goods made by the Company either in technical literature or in specific enquiry, is given in good faith, but it is for the Buyer to satisfy himself of the suitability of the goods for his particular purpose, and he shall be deemed to have done so.
14. Health and Safety The Buyer undertakes for the purposes of the Health and Safety at Work Act, etc. 1974, that it will take all necessary steps to ensure so far as is reasonably practicable that the goods will be safe and without risk to health when properly used and acknowledges that responsibility for compliance with any applicable health and safety or fire regulations upon the assembly and installation of the goods shall lie entirely with the Buyer.
15. Limit of Liability The Company shall not be liable for damage or injury caused by its goods or workmanship beyond replacement of the goods or work on verification of the Buyer’s complaint, when the goods are supplied to a territory outside the U.K. The liability of the Company shall not exceed in any event the liability which it would have incurred under the law. The Company shall not be liable for any consequential loss caused by faulty goods or its failure or delay in servicing, repairing or supplying goods or equipment whether the loss arises from the actions or omissions of the Company, its servants, agents or sub-contractors.
16. Guarantees Guarantees given shall not be applicable outside mainland U.K. unless expressly stated otherwise by the Company in writing. Any guarantee given will be invalidated if the goods are subject to misuse or accident after the Buyer has taken delivery.
17. Governing Law Any contract between the Buyer and the Company shall be construed in accordance with the Law of England. The Buyer agrees to submit to the jurisdiction of the Courts of Law in England in respect thereof. Reviewed: March 2022
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