Terms and Conditions at Hudson's Office Furniture Ltd

PLEASE NOTE THAT ANY PRICES SHOWN ON HUDSON'S OFFICE FURNITURE LTD WEB-SITE IS SUBJECT TO VAT AT THE CURRENT RATE. ALSO NOTE THAT PRICES CAN CHANGE AND CAN ONLY BE VIEWED AS A GUIDE. PLEASE CONTACT SALES FOR ACCURATE COSTINGS. ALSO BE AWARE THAT COLOURS ON THE SITE ARE ONLY A GUIDE AND CAN VARY DUE TO SCREEN RESOLUTIONS.

 

The Buyer’s attention is particularly drawn to Clause 12

1.Definitions

Seller Hudson’s office Furniture Ltd -Unit 1 Ravenswharfe Road, Ravensthorpe, Dewsbury, West Yorkshire, United Kingdom WF13 3RD.

Buyer the person or Persons or Company who buys or agrees to buy the goods from the Seller.

Conditions the terms and conditions of sale as set out in this document and any special terms and conditions agreed in writing by the Seller.

Goods the items which the Buyer agrees to buy from the Seller as set out in the Schedule.

Price the price for the Goods, excluding VAT and any carriage, packaging and insurance costs.

 

Force Majeure Event     has the meaning set out in clause 11.

 

2. Conditions

2.1 These Conditions shall form the basis of the contract between the Seller and the Buyer in relation to the sale of Goods, to the exclusion of all other terms and conditions including the Buyer’s standard conditions of purchase or any other conditions which the Buyer may purport to apply under any purchase order or confirmation of order or any other document.

2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods from the Seller pursuant to these Conditions.  

2.3 Acceptance of delivery of the Goods shall be deemed to be conclusive evidence of the Buyer’s acceptance of these Conditions.

2.4 These Conditions may not be varied except by the written agreement of a Director of Hudson’s Office Furniture Ltd the Seller.

2.5 These Conditions represent the whole of the agreement between the Seller and the Buyer.  They supersede any other conditions previously issued.

 

3.Price

The Price shall be the price quoted on the Seller’s confirmation of order. 

 

4.Payment and Interest

4.1 Payment of the Price and VAT shall be due within 30 days of the date of the Seller’s invoice.

4.2 Interest on overdue invoices shall accrue from the date when payment becomes due calculated on a daily basis until the date of payment at the rate of 12.75% per annum above the Bank of England base rate from time to time in force.  Such interest shall accrue after as well as before any judgment.

4.3The Buyer shall pay all accounts in full and not exercise any rights of set-off or counter-claim against invoices submitted by the Seller.

 

5.Goods

5.1 The Goods are described in the Schedule.

5.2 The Seller reserves the right to amend or change the specification of the Goods if required by any applicable statutory or regulatory requirements.
 

6. Warranties

6.1 The Seller warrants that for a period of 12/24/36/48 months depending on the product sold commencing on the date of delivery of the Goods (Warranty Period), the Goods shall:

6.1.1 conform with their description;

6.1.2 be of satisfactory quality with the meaning of the Sale of Goods Act 1979; and

6.1.3 be fit for any purpose held out by the Seller.

 

7. Delivery of the Goods

7.1 Delivery of the Goods shall be made to the Buyer’s address.  The Buyer shall make all arrangements necessary to take delivery of the Goods on the day notified by the Seller for delivery.

7.2 The Seller undertakes to use its reasonable endeavours to despatch the Goods on an agreed delivery date, but does not guarantee to do so.  Time of delivery shall not be of the essence of the contract.

7.3 The Seller shall not be liable to the Buyer for any loss or damage whether arising directly or indirectly from the late delivery or short delivery of the Goods.  If short delivery does take place, the Buyer may not reject the Goods but shall accept the Goods delivered as part performance of the contract, and a pro-rata adjustment to the Price shall be made.

7.4 If the Buyer fails to take delivery of the Goods on the agreed delivery date or, if no specific delivery date has been agreed, when the Goods are ready for despatch, the Seller shall be entitled to store and insure the Goods and to charge the Buyer the reasonable costs of so doing.

7.5 Please assume an articulated vehicle will make palletised deliveries. Any access issues must be advised before delivery otherwise re-delivery charges may apply.

7.6 All discrepancies/damages must be notified in writing within 24 hours of receipt. All consignments received damaged must be clearly marked “Damaged” on the driver’s paperwork otherwise Hudson's Office Furniture Ltd cannot be held responsible.

7.7 Container loads are delivered direct to customer. Delivery is to kerbside only unless installation has been agreed at the shopping cart stage or on the seller paperwork. 

7.8 Generally, all our products are delivered to you in approximately 10 to 15 working days but there may be instances where this may take longer due to stock reliability from the manufacturers. If you have not received goods within 30 working days of order, please notify us. Made to order items can take longer.

7.9 Please be aware that if we the (supplier) attempt to deliver the goods ordered by you the (customer) and there is no access to the premises or there is no one available to take delivery of the product, at the premises address on the delivery document then the product will be returned to storage and responsibility for re-delivery will be yours and paid for in full before re-delivery. The delivery terms are working days Monday to Friday and do not include weekends and bank holidays.  Whilst every effort is made to ensure we meet the delivery terms detailed above, there may be instances beyond our control that could affect this.

7.9(B) Products advertised as Next Day delivery must be ordered and paid for in full by 1pm to meet the next day delivery service. If your order comes in after this time your furniture may be shipped the next working day. All products advertised as next day delivery are subject to them being in stock at the time of order. please check with sales for stock to guarantee your next day delivery.

7.9(C) If you have chosen not to have the installation service, then this means that the furniture will be delivered by only one driver 'tailgate' to the nearest roadside point of delivery to your premises. Your people will be required to take the goods from the vehicle to their destination within the premises. Please note the guarantee of the goods 'damaged in transit' transfers to you at the point it leaves the vehicle. The tailgate service may also include a palletised drop so please make sure you are able to accept this form of delivery.


8. Acceptance of the Goods

8.1 The Buyer shall be deemed to have accepted the Goods 0 days after delivery to the Buyer. 

8.2 The Buyer shall carry out a thorough inspection of the Goods within 1 day and give notice in writing to the seller after discovering that some or all of the goods do not comply with the Warranty above, the Buyer must return the Goods to the Seller at the Buyer’s cost and the Seller shall, at its option, repair or replace any Goods that are defective, or refund the price of such defective Goods.

8.3 Where the Buyer has accepted, or has been deemed to have accepted, the Goods the Buyer shall not be entitled to reject Goods which are not in accordance with the contract. 

 

9. Title and risk

9.1 Risk shall pass on delivery of the Goods to the Buyer’s address.

9.2 Notwithstanding the earlier passing of risk, title in the Goods shall remain with the Seller and shall not pass to the Buyer until the amount due under the invoice for them (including interest and costs) has been paid in full.

9.3 Until title passes the Buyer shall hold the Goods as Bailee for the Seller and shall store or mark them so that they can at all times be identified as the property of the Seller.

9.4 The Seller may at any time before title passes and without any liability to the Buyer:

9.4.1 repossess and dismantle and use or sell all or any of the Goods and by doing so terminate the Buyer’s right to use, sell or otherwise deal in them; and

9.4.2 for that purpose (or determining what if any Goods are held by the Buyer and inspecting them) enter any premises of or occupied by the Buyer.

9.5 The Seller may maintain an action for the price of any Goods notwithstanding that title in them has not passed to the Buyer.

 

10.Carriage of Goods

All goods advertised on our site are currently delivered FREE. Customers must be aware that even then there are certain restrictions... These restrictions are currently determined by your postcode and additional carriage charges may incur. Please Note for carriage charges to Highlands & Islands, Channel Islands, Isle of Man & Ireland - price on application. There is also an additional minimum order value charge of £12.75 for orders under £150.00.
 

11. Force Majeure

11.1 For the purposes of this Contract, Force Majeure Event means an event beyond the reasonable control of the Seller including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of the Seller or any other party), failure of a utility service or transport network, act of God, war, terrorism, riot, civil commotion, interference by civil of military authorities, national or international calamity, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm, earthquake, epidemic or similar events, or default of suppliers or subcontractors.

11.2The Seller shall not be liable to the Buyer as a result of any delay or failure to perform its obligations under this Contract as a result of a Force Majeure Event.
11.3If the Force Majeure Event prevents the Seller from providing any of the Goods for more than 12 weeks, the Seller shall, without limiting its other rights or remedies, have the right to terminate this Contract immediately by giving written notice to the Buyer.

 

12. Limitation of Liability:  THE BUYER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE

12.1 Nothing in these Conditions shall limit or exclude the Seller's liability for:

12.1.1 death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;

12.1.2 fraud or fraudulent misrepresentation;

12.1.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or

12.1.4 defective products under the Consumer Protection Act 1987.

12.2 Subject to clause 12.1:

12.2.1 the Seller shall under no circumstances whatever be liable to the Buyer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and

12.2.2 the Seller's total liability to the Buyer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed £1,000000.00

12.3 After the Warranty Period, the terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.

12.4 This clause 12 shall survive termination of the Contract.
 

13. General

13.1 Notices.

13.1.1 Any notice or other communication given to a party under or in connection with this Contract shall be in writing, addressed to that party at its registered office (if it is a company) or its principal place of business (in any other case) or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally or sent by prepaid first-class post or other next working day delivery service, or by commercial courier, fax [or e-mail].

13.1.2 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

13.2 Waiver.  A waiver of any right under the Contract or law is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor prevent or restrict its further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

13.3 No partnership or agency.  Nothing in the Contract is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, nor constitute either party the agent of another party for any purpose. Neither party shall have authority to act as agent for, or to bind, the other party in any way.

13.4 Third parties.  A person who is not a party to the Contract shall not have any rights to enforce its terms.

13.5 This Contract contains the entire agreement and understanding of the parties relating to the subject matter of this Contract and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between the parties, whether written or oral.

13.6 Variation.  Except as set out in these Conditions, no variation of the Contract, including the introduction of any additional terms and conditions shall be effective unless it is agreed in writing and signed by the Seller.

13.7 Governing law.  This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

13.8 Jurisdiction.  Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).

14. Price Match Promise

All products that have been allocated as a price match promise against any or all other suppliers are subject to them being the identical article in name and manufactured quality and assurances. The price match products that conflict with Next Day Office Furniture may not be delivered within the Next Day Office Furniture terms and may have to be delivered within the 10 to 15 working day programme. The only way a price match promise can be guaranteed is by the way of the alternate supplier’s quotation written on the alternate suppliers headed paper. Hudson's office Furniture have the right not to price match promise if there are discrepancies in any or all the above statements. Hudson's office Furniture also have the right to price match promise based on the visual acceptance of the product being advertised on any or all alternate furniture suppliers

15. Cancelation & Return of Goods

Orders may be cancelled or altered only with the written consent of the company: Goods made to special order (PERSONALISED ITEMS) cannot be cancelled. A handling charge or (Re-Stocking Charge) of 30% of the RRP invoice value is made on any goods cancelled or returned with the prior written agreement of the company. If there is a problem with the goods, please tell us when you cancel. You are responsible for the costs of the return unless our driver can return at source and then a 45p per mile from the collection point to our warehouse in West Yorkshire will also be added to the cancellation charge.

16. Installation

If your quote does include an installation service then this means our professional installation teams (1, 2 or more men) will deliver all the furniture to the designated room in your premises, build all the items and finally dispose of all the packaging environmentally.

(If and where attaching to walls and or bolting to floors is required, this is not included in this service.)