Terms

Curtis Furniture Ltd Terms & Conditions  

1. GENERAL

• The Conditions of Sale supplied by Curtis Furniture Limited (“the Company”) to a purchaser (“the Buyer”) shall be incorporated into each Contract (“the Contract”) made by the Company for the sale of the Company’s goods (“the goods). These Conditions supersede any earlier Conditions of Sale of the Company and no alteration, or addition to or exclusion of any part of these Conditions of Sale shall be applicable unless agreed in writing by a Director of the Company;
• Any and all Contracts shall be deemed to be made at the Registered Office of the Company at Leeds;
• The Headings listed within this document are for guidance only and shall have no effect on interpretation;
• English Law shall be the proper Law of any Contract and all claims under the Contract shall be settled by reference to the English legal system, whether or not the Buyer is situated outside England.
• Please note that our terms and conditions of sale shall apply to the Contract between us for the supply of the Goods to the exclusion of any other terms that you, the Buyer, seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
• The Customer shall not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of its rights and obligations under this Contract.
• The Company may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights and obligations under this agreement. 

2. ORDER ACCEPTANCE

• All quotations and estimates provided by the Company, unless otherwise expressed in writing, are invitations to treat, and are only valid for a period of 14 days from quote date; the Buyers order is an offer and will only become binding upon the Company’s confirmation of acceptance;
• The Company will not accept cancellation or variation of any order except at its discretion; any acceptance of cancellation shall not in any way prejudice the Company’s right to recover from the Buyer full compensation for any loss or expense arising from such cancellation or variation, and as such, the Buyer shall indemnify the Company in full against all such costs including loss of profit, labour materials and all expenses incurred by the Company as a result of any such cancellation or variation;
• Defects in quality, delayed delivery or alteration of specification by the Company shall not be grounds for cancellation.
• In order to meet the required delivery date, we will reserve appropriate production slots within our factory. Should we be unable to manufacture during this period, as a result of missing/late information from you, the client or as a result of any other delay caused by you, the client, we reserve the right to charge for standing time of operatives, machinery and overheads.
• Defects in quality, delayed delivery or alteration of specification by the Company shall not be grounds for cancellation.

3. SPECIFICATIONS AND FITNESS

• The Company reserves the right to without notice and without affecting the validity of any Contract, make such changes in Dimensions, Design and or materials as it sees fit;
• Whilst the Company takes great care in the preparation of Catalogues, Price Lists, technical circulars and other literature, all illustrations, dimensions and descriptions are to be taken as a general guide only and are not binding in detail; all prices, finishes and designs are as accurate as possible within normal manufacturing tolerances but may be subject to change without notice;    
• In the cases whereby upholstery work is required, the choice of material is to be specified to Curtis 4 weeks before delivery at the latest. Should this specification be late, the Company reserves the right to arrange for an extra delivery and subsequent charges for the upholstered items;
• In the cases whereby “Customers Own Material” is used or non-standard fabrics specified, the Buyer shall supply a sample cutting of this fabric attached to the order indicating face side of cloth to be used and its width and pattern repeat. The Buyer shall ensure that the fabric supplied either directly by them or from a third party shall be accurate in its amount, suitable for purpose and without defects. The Company shall be under no obligation to check, prior to cutting, any of these requirements; should any costs arise following the discovery of such shortages, defects or lack of suitability, these shall be the responsibility of the Buyer; Such costs can include supply of new fabric, any labour and material costs incurred by the Company or its servants in duplication of production and or delivery costs, and any liability in respect of delayed delivery, cancellation or loss of profits;
• It is the responsibility of the Buyer to assess the suitability of the goods and quality and fitness for purpose and he shall ensure the accuracy of any terms of the order.
• Curtis Furniture do not accept any responsibility for the ventilation of Minibar or Fridge units. Client to check and confirm the suitability of any proposed ventilation with the supplier of the Minibar or Fridge units.
• The pricing is based on factory manufactured furniture for the quantities & sizes listed. We have not included for scribing or any on site cutting of any furniture on site.
• If Curtis are not installing the furniture, unless otherwise stated, no fixings will be provided.
• Unless otherwiose stated, Curtis have not included for additional costs which may be incurred by specialised room layouts, such as DDA rooms

4. PRICE, PAYMENT, AND DELIVERY

• All prices quoted are ex-works packaging shall be at the discretion of the Company;
• Prices quoted are valid for a period of fourteen days from quotation and are subject to V.A.T. at prevailing rate;
• The Company shall apply interest to any overdue accounts at a rate of 4% or greater above National Westminster Bank plc Base Lending Rate on a daily basis;
• The Company shall not be held responsible for delays in delivery caused by strikes, lockouts, trade disputes, breakdowns, accidents, war, civil commotion or riot, Act of God or any other event beyond the control of the Company;
• If the Buyer fails to accept the goods when they are delivered the Company reserves the right to store and insure the goods and to charge the Buyer the reasonable cost of doing so.
• Any delays in delivery, which the company is not directly responsible for, will not delay any payments due under the particular contract;
• The Company reserves the right to make partial delivery and this shall not effect the contract for the balance of goods;
• All new customers are required to pay on a pro-forma basis. Acceptance of all orders will be subject to satisfactory credit insurance check.
• Curtis prices for distribution only includes horizontal distribution. All vertical distribution is to be by client supplied hoist, lift, telehandler or other suitable means of vertically lifting the furniture.
• Unless otherwise stated, Curtis prices for distribution only includes a maximum transfer distance (from vehicle to property entrance) of 15m. Distances greater than this will require the F.O.C. use of client supplied equiptment (e.g. forklift) and may also incur additional costs.
• Our quote is based on quoted quantity of the specific dimensions shown. Changes to quantities and dimensions may result in changes to prices and lead times.
• If there is a delay within the programme through no fault of Curtis, we reserve the right to manufacture as per the original dates and invoice for both materials off site and associated  storage costs. Invoices to be paid in line with the original programme.
• Materials may be subject to minimum order quantities from our suppliers. Therefore any reduction in the quantities quoted above may impact upon price and/or availability.
• The prices quoted assume an uninterrupted programme for any or all of delivery, distribution & installation. Should there be a delay, interruption not previously agreed, or extension, then we may charge management prelims of £500 per week (or part thereof). The prelim charge excludes any additional consequential costs borne by our production facility caused by the delay, interruption, or extension.
• The prices quoted are based on the number of quantified products specified on our quote. Should additional products be required, there will be an origination charge of £500 per product to cover additional drawing, optimisation programming, machine setup and downtime associated with the each new product. For clarification – a “product” is represented by a single line on our quote. The origination charge does not apply to the opposite handing’s of an existing product.
• Unless otherwise stated, Curtis has not included for the supply of banksmen and have assumed that they will be provided free of charge by the Buyer, should they be required.    
• Unless otherwise stated, Curtis has not included a main contractor discount.
• Unless otherwise stated, all Delivery and Distribution costs for seating assume one visit with a clear site and uninterrupted access for the duration of the Delivery.

5. INSPECTION AND DEFECTS

• The Buyer is under a duty to inspect the goods on delivery or collection and the Company shall not be liable for any defects or shortages that would be apparent upon careful inspection at that time and noted on the Company’s delivery document; Terms such as “un-checked” or “not inspected” are not accepted by the Company as valid reason for defects or shortages;
• Where any defect is not immediately apparent, this must be notified in writing to the Company within three days of receipt of goods; 
• In all cases where defects or shortages are complained of, the Company shall be under no liability in respect thereof unless an opportunity to inspect the goods before any use is made thereof or any alteration or modification is made thereto by the Buyer;
• Subject to the above, the Company reserves the right to make good any defect as soon as it is reasonably able to do so but shall be under no liability arising for any shortage or defect; the Company may choose to either repair or replace the defective article as it sees fit and extends its warranty for this for a period of ninety days from date of availability of the repaired or replaced article;
• Only defects caused by faulty manufacture, materials or workmanship shall be covered. Defects caused by abnormal usage, misuse, neglect or wear and tear shall not be covered by the Company;
• The Company shall not be held liable for any consequential or indirect loss including loss of profits, damage to property or personal injury suffered by the Buyer whether this loss arises from a breach of duty in contract, late delivery, and defects or in any other way, including negligence on behalf of the Company. It shall be a duty of the Buyer to take out and maintain a policy of Insurance to cover any such losses;
• When goods which have been manufactured according to initial instructions and then either cancelled or returned, for whatever reason, a handling and re-stocking charge of 20% for standard items will be applied to the Invoice value. This percentage is subject to change without notice and in any event will be at a higher rate for non-standard items.

6. TITLE RISK AND BENEFICIAL OWNERSHIP

• The risk in all goods supplied shall pass to the Buyer on delivery;
• Title to goods supplied shall remain with the Company until the Purchase price and any other monies owing by the Buyer, whether or not due, are paid in full;
• Until title has passed to the Buyer, the goods shall be kept by the Buyer acting as Bailer, who shall also ensure goods are insured;
• Until such time as the goods are paid for by the Buyer, the Company reserves the right to enter the Buyers property or any other property where the Buyer might have placed the goods, and repossess the goods without notice and the Buyer shall bear any costs incurred in so doing.
• Unless otherwise stated, where Curtis is responsible for installation, no additional protection will be provided.

7. OTHER    

• Dimensions are all in mm and are approximate. Due to our policy of continuous improvement we may make variations to specifications without notice. Due to fluctuations in raw material prices it may be necessary to alter prices without notice and we reserve the right to deliver goods at the prices ruling at the time of despatch.
• Lead times commence from receipt of your deposit.
• Our quotation does not include for storage of items on our premises.
• No storage charge has been included. If our delivery date is delayed beyond 4 days, we will make a storage charge of 1% per week.
• Our installation price is based on all rooms available, i.e. free from guests, other tradesmen, obstruction and all existing furniture
• Unless otherwise stated, we have not included for installation of plumbing or electrics.
• We will also require either a representative to help our fitters with the positioning of the furniture, or detailed room layouts (available 1 week before installation.)
• All manufacture dates provided by Curtis are subject to your site being ready for survey, 8 weeks prior to our first delivery.