Terms & Conditions
Terms
& Conditions
1. Terms of Sale
1. General
1.1. These terms of Sale
apply to all contracts entered into by Akar Luxury Furniture for the sale of
goods and/or the supply of services. During any stage of the dealings between
Akar Luxury Furniture and the client these terms will apply in preference and
supercede any terms referred to or relied on in reference to Goods and/or
Services. The company won't be bound by any standard or printed terms that are
furnished by the client in any of it's documents.
1.2. Terms defined within the
order form will apply in these conditions which are subject to any special
terms stated on the order form.
1.3. This contract
constitutes the entire agreement between Akar Luxury Furniture and the client
relating to it's subject matter. This contract supersedes any prior agreement
between any parties involved that relate to the matter. Each of the parties
involved acknowledges they haven't entered into the contract on the basis of,
or rely on, any warranty, representation or other provision that has not been
expressly included within the contract. The contract can only be adapted in
writing when under the signature of both parties and their authorised
representatives.
1.4. This contract is subject
to English Law.
2. Goods
2.1. All descriptions of
goods are provided for identification only. Descriptions of goods shall not be
used to constitute a sale or description. Akar Luxury Furniture maintain
apolicy to continually improve products and reserve the right to alter
specifications of any products without notice at any time prior to delivery.
2.2. If the client has seen
or inspected a sample of the goods the contract will not constitute a sale by
sample.
2.3. If any goods ordered by
the client are found to be materially different to those ordered, are of
defective workmanship or are significantly lesser quality than as specified by
the company then the Company shall replace these Goods free of charge upon
notification by the Client within 14 days of delivery.
3. Services
3.1. Any services described
in the Order Form shall be provided by the Company to the Client at the Price
specified for those Services in the Order form or as may be agreed between the
Company and the Client, failing which the Company’s usual rates for such
services shall apply.
3.2. For installation work
the Company will only be liable for work carried out by itself, it's employees.
agents or sub-contractors and won't be liable when there are direct contractual
relations between the client and an installing party other than the Company. In
any event the company's liability for any installation work will be limited to
the correction of any failure of using reasonable skill and care whilst
installing and liability for any death or personal injury caused by the
negligence of the persons whom the Company is liable. Whilst personnel of the
Company or it's sub-contractors are on a clients' premises the client shall be
responsible for their safety and comply with all statutory requirements,
maintaining adequate insurance for the appropriate risks.
4. Delivery
4.1. The company will deliver
goods to the specified delivery address during normal working hours (Monday -
Saturday 9am - 6pm) using any method of transport chosen by the Company. When
included with the services, the Company will install or arrange for the
installation of any goods at the delivery address on delivery. The company may
make part deliveries at it's discretion.
4.2. When a delivery date has
be specified the company will aim to despatch the goods by that date, however,
the Company doesn't guarantee to do so. The time/date of the delivery will not
be the essence of the contract.
4.3. If the goods suffer any
damage, loss, non-delivery or shortage whilst in transit the company will not
be liable unless the client provides notification to the Company within 24
hours of delivery.
4.4. The company won't be
liable for any non-delivery of part of any consignment of goods unless the
client provides the Company with notification within 24 hours of the rest of
the consignment. 4.5. The client will be liable for any additional costs for
storage / handling / loading /unloading when a delay is caused by the client.
If delivery is delayed due to reasons outside of the companies reasonable
control then a sensible extension for the time of delivery will be granted. The
company may also cancel the contract in which case the client will be refunded
in full up-to the amount paid to date.
5. Price
5.1. Any price increases to
the agreed price due to the clients requirements/changing requirements shall be
paid by the client.
6. Property
6.1. Upon delivery any risk
in the Goods will be passed onto the client.
6.2. Legal ownership of Goods
will only pass to the client when the price has been fully paid with no debt
and the items have been delivered.
7. Limitation of Liability
7.1 Any liability from the
Company to the client, except when prohibited by law, shall be limited to the
price agreed at the time of sale.
7.2. These conditions state
the entire liability for the Company to the client. The Company will be under
no liabilty to the client except what has been expressly stated above except
when the exclusion is prohibited by law.