All quotations are given and all orders are accepted on
these terms, which supersede any other terms appearing in
the Seller’s catalogue or elsewhere, and shall override and
exclude any other terms stipulated or incorporated or
referred to by the Buyer, whether in the order or in any
negotiations, and any course of dealing established between
the Seller and the Buyer. All orders hereafter made by the
Buyer shall be deemed to be made subject to these terms.
All descriptions and illustrations contained in the Seller’s
catalogues, price lists and advertisements or otherwise
communicated to the Buyer are intended merely to present a
general idea of the Goods described therein, and nothing
contained in any of them shall form part of the contract.
The Company will use every endeavour to execute the Contract
at the price specified in the Contract but reserves the
right to alter the price if necessitated by any alternation
in the cost of materials, labour, transport or packages or
by any other circumstances beyond its control. The Company
shall give to the Customer notice in writing of any
alteration in price and such alterations shall become
effective forthwith. If the Customer is not prepared to
accept any increase in price so notified, he shall have the
right to be exercised within fourteen days of the Company’s
notice to cancel the undelivered portion of the goods sold
under the Contract.
The buyer may not cancel or return the order without the
consent of the Seller. However, if the cancellation or
return of the order is approved the Buyer will be subject to
paying an administration and restocking charge of 20% or a
minimum charge of £50.00 whichever is greater plus payment
of all delivery/collection charges which are applicable.
All items must be
paid in full with fund cleared prior to delivery. We accept
BACS, Cheques, and most Credit and Debit cards. We do not
accept cash or cheque on delivery. Cheques should be made
payable to Eden Furniture. Accounts may be offered at the
discretion of the Directors, but this will only be after a
successful initial trading period on a pro-forma basis. All
accounts are operated on a strict 30-day from date of
invoice policy. 2% per month will be charged on all overdue
All delivery dates are estimates only and the time of
delivery shall not be of the essence of the contract.
All deliveries are made to a ground floor location during
normal office hours unless previously arranged.
C. The Seller shall not be liable for any loss of any kind to
the Buyer arising from any damage to the Goods occurring
after the risk has passed to the Buyer however caused, nor
shall any liability of the Buyer to the Seller be diminished
by reason of such loss.
The Seller shall not be responsible for strikes, lockouts or
PASSING OF RISK OF PROPERTY
Risk of loss or damage to the Goods shall pass to the Buyer
from the time of delivery.
The property in the Goods shall not pass to the Buyer until
all sums from time to time owing by the Buyer to the Seller
have been paid, and until payment of all such sums, the
Seller shall remain the owner of the Goods.
Such sums shall not be treated as paid until all cheques,
bills of exchange or other instruments of payment given by
the Buyer have been met on presentation or otherwise
honoured in accordance with their terms. The Seller may sue
for the whole of the price of any Goods delivered at any
time after such instruments have become payable.
In the event of any sale or other disposition of the Goods
by the Buyer, the Buyer shall hold on trust for the Seller:
If the Goods have not been mixed with or incorporated into
other goods, the whole of the proceeds of sale: or
If the Goods have been mixed with or incorporated into other
goods, a just proportion of the proceeds of sale.
If the Buyer defaults in the punctual payment of any sum
owing to the Seller then the Seller shall be entitled to the
immediate return of all Goods sold by the Seller to the
Buyer (or the documents of title thereto) in which the
property has not passed of the Buyer, and the Buyer hereby
authorises the Seller to recover the Goods or documents and
to enter any premises of the Buyer for that purpose. Demand
for or recovery of the Goods or documents by the Seller
shall not of itself discharge either the Buyer’s liability
to pay the whole of the price and take delivery of the Goods
or the Seller’s right to sue for the whole of the price and
for the avoidance of doubt all monies then outstanding shall
be immediately due in respect of Goods already supplied
notwithstanding any credit period mentioned in the payment
terms referred to in this document.
INSPECTION OF GOODS
The Buyer shall inspect the Goods immediately on delivery
thereof and shall within three days from such delivery give
notice in writing to the Seller of any matter or thing by
reason whereof the Buyer may allege that the Goods are not
in accordance with the order. If the Buyer shall fail to
give such notice the Goods shall be deemed to be in all
respects in accordance with the contract and the Buyer shall
be deemed to have accepted the Goods accordingly. The Buyer
will have no claim unless such notice is given.
The Contract shall be governed by and construed in
accordance with English Law.
The Buyer shall not assign any benefit under the contract
without the consent in writing of the seller, which may if
given, be on such terms as to guarantee or indemnify or
otherwise as the Seller thinks fit.