Terms & Conditions of trade

General

1. Where these terms and Conditions in any way conflict with any Terms and Conditions stipulated by a Purchaser or Supplier then such Terms and Conditions stipulated by the Purchaser or Supplier shall be deemed ineffective to the extent that they are inconsistent herewith.
2. Any dispute arising under these terms and conditions shall be determined by the laws of England.
3. These Terms and Conditions form the entire agreement between the parties.

Price & Quotations

1. All prices quoted to The Winnen Furnishing Company by Suppliers are fixed as at date of order, unless agreed otherwise by The Winnen Furnishing Company in writing.
2. The price stated in The Winnen Furnishing Company quotations to Purchasers is valid for a maximum of 30 days. Prices may be subject to variation without notice after this.
3. It is the Purchaser's responsibility to determine whether the goods are suitable for contemplated use whether or not such as is known to The Winnen Furnishing Company. Any technical advise furnished by The Winnen Furnishing Company, its representatives or agents, is given without charge and only on the basis that it is followed at the customer's own risk.
4. All illustrations, drawings etc. accompanying The Winnen Furnishing Company's quotations or contained in catalogues, price lists or advertisements must be regarded as approximate representations only and are not binding in detail unless stated so to be in our quotation. Small deviations therefrom shall not vitiate the contract or be made the basis of any claim against The Winnen Furnishing Company.
5. Where sizes, dimensions, types of product etc. are notified to The Winnen Furnishing Company by the Purchaser for use in production of goods, The Winnen Furnishing Company accepts no liability for their accuracy or suitability. Any rework or replacement of goods required as a result of Purchaser error will be charged for on a time spent basis.

Delivery and acceptance of goods

1. Delivery of goods shall be made by the Purchaser collecting goods from the premises of The Winnen Furnishing Company, unless the Purchaser has contracted The Winnen Furnishing Company to deliver to their location. The Winnen Furnishing Company reserve the right to charge for any such deliveries made by their representatives or agents.
2. Delivery to site or to the customer's address is limited to as near as a safe hard road permits. Where delivery is made to commercial premises, for goods required on a 'no fitting basis' the customer shall provide without charge the labour required for unloading.
3. Delivery dates are given in good faith by The Winnen Furnishing Company as an indication of the estimated delivery time but do not amount to contractual obligation to deliver at the time stated.
4. Goods shall be deemed to be delivered when handed to the customer.
5. In the event of the Purchaser failing to accept delivery of goods in accordance with the contract, the balance of the goods remaining undelivered shall be invoiced, payment for such balance becoming due immediately. Storage costs and any other additional costs incurred shall be charged to the Purchaser, the goods being held at the Purchaser's risk.
6. Risk to the goods shall pass to the Purchaser on delivery.

Faulty goods

1. Purchasers must examine all goods promptly on arrival and before the goods or any part thereof have been used, treated, processed or dealt with in any manner.
2. The Winnen Furnishing Company will make good by repair, or at its sole option, replacement of any goods proven to be defective by reason of faulty design, materials or workmanship, provided that any claim by the Purchaser shall be notified in writing to The Winnen Furnishing Company within fourteen days of delivery. Within seven days of notifying The Winnen Furnishing Company, the Purchaser shall at its own expense return such goods as are alleged to be defective to The Winnen Furnishing Company's premises. Within fourteen days of receipt of the goods, The Winnen Furnishing Company will investigate the claim and it shall, at its sole option either:-
   • Repair or replace such goods that are found to be defective; or
   • Substitute other goods as nearly identical to the defective goods as the circumstances permit.
   • Such repair, replacement or substitution shall be made free of charge.
3. The Winnen Furnishing Company will not be liable for the costs involved in the removal of defective goods from any place where they are installed of affixed or for the cost of installing or affixing repaired or replacement goods, unless confirmed in writing to the Purchaser by The Winnen Furnishing Company.
4. The Winnen Furnishing Company will not accept liability for deterioration in materials caused by lack of or insufficient treatment applied to those materials.
5. The Winnen Furnishing Company Will not be liable for any costs or charges where the Purchaser elects to have a third party repair or replace any alleged defective goods, unless The Winnen Furnishing Company has investigated the claim and has confirmed in writing to the Purchaser that such action is acceptable to The Winnen Furnishing Company

Terms of payment

1. Credit accounts may be opened at the absolute discretion of The Winnen Furnishing Company. This is subject to satisfactory credit references being obtained.
2. Payment for all goods and services is due on delivery or on completion of the agreed work unless otherwise agreed in writing. Payments are to be made to the driver or fitter by cheque or by credit card. In the event of credit card details having previously been provided to The Winnen Furnishing Company the balance outstanding will be taken upon delivery or completion of the work.
3. The Winnen Furnishing Company reserve the right to charge interest at their absolute discretion on overdue amounts and suspend or cancel deliveries if payment is not made on the due date.
4. Payment is to be made in Pounds Sterling.
5. The Purchaser is not entitled to withhold or off-set the payment of any amount due to The Winnen Furnishing Company whether in respect of any claim by the Purchaser in respect of any goods supplied by The Winnen Furnishing Company or for any other reason which is contested or for which liability is not admitted by The Winnen Furnishing Company.
6. Where the Purchaser defaults on payments, The Winnen Furnishing Company shall have the right to suspend any further deliveries of goods until payment is received or terminate the contract in its entirety by giving the Purchaser notice in writing.

Title to goods

1. Goods shall remain the sole and absolute property of The Winnen Furnishing Company as legal and equitable owner until The Winnen Furnishing Company has received, in cleared funds, payment in full of all amounts owing to The Winnen Furnishing Company by the Purchaser on any accounts whatsoever. This includes payment of VAT at the prevailing rate. The Winnen Furnishing Company may maintain an action for the price of the goods notwithstanding that The Winnen Furnishing Company retains ownership of them.
2. The Purchaser shall notify The Winnen Furnishing Company immediately upon demand by The Winnen Furnishing Company of the place(s) where the goods are situated.
3. The Purchaser shall afford to The Winnen Furnishing Company access to the goods during all normal business hours whether they are upon land occupied or owned by the Purchaser or its customers and the Purchaser shall deliver all goods to The Winnen Furnishing Company at its request and allow The Winnen Furnishing Company to remove the same. For this purpose the Purchaser hereby grants an irrevocable right and license to The Winnen Furnishing Company, it representatives or agents to enter upon the said land with or without vehicles during normal business hours.

Limits of liability

1. In no circumstances whatsoever shall The Winnen Furnishing Company's liability (in contract, tort or otherwise) to the Purchaser arising out of or in connection with the contract or goods supplied exceed the invoice price of the particular goods in regard to which complaint is made.
2. The Winnen Furnishing Company shall not be liable for any shortages unless they are notified in writing by the Purchaser to The Winnen Furnishing Company within seven days of delivery.
3. Unless expressly provided, The Winnen Furnishing Company shall not be liable for any contingent or consequential loss or loss of profits however such loss may arise or be caused except where the claim is in respect of death or personal injury or arises out of the wilful default of The Winnen Furnishing Company, its representatives or agents.
4. There shall be no liability on the part of The Winnen Furnishing Company for any failure to deliver due to causes beyond The Winnen Furnishing Company's control.