Applicability
These Terms shall apply to and be deemed to form a part of all quotations, and contracts for the sale of goods by Azzurro Limited. No alteration or qualification of these terms whether issued by the Buyer or contained in the Buyer’s contract or otherwise shall be effective unless expressly accepted by the Company in writing.
Quotations
Unless previously withdrawn any quotation or Tender shall remain open for the period stated therein or where no period is so stated for twenty eight days after the date thereof..
Orders whether in response to quotations or not are required to be in writing. acceptance of quotations will be deemed to incorporate these terms and conditions.
Re-drawing of CAD layouts /amendments to drawings will be subject to a charge of £25.00 per drawing.
Colour Matching
Our samples are indicative, not definitive. Whilst every effort is made to ensure as close colour match as possible to our pattern books and samples, we cannot guarantee to match the shade exactly.
Some materials present variations, which are more accentuated since they are natural materials, as in the case various types of leathers or fabrics left in their natural state or partially dyed. From time to time the surface of the skins have marks or imperfections such as scars, wrinkles and spots which are natural characteristics.
The thickness and tone of glass used are only indicative since it is impossible to ensure their uniformity. Wood being a natural product will vary in colour and degree of graining. Where stains have been used the samples provided can only be represented and may vary from showroom models.
In placing an order the customer accepts such tolerances.
Cancellation
Orders cannot be cancelled except with the consent of the Company and on the terms which will indemnify the Company against all loss.
Delivery
The company will use its best endeavours to deliver promptly but shall be under no liability whatsoever for delay in estimated delivery times or failure to deliver from any cause nor for loss or damages arising there from.
The date and time of intended delivery will be stated on the Company’s acknowledgement or order. The date so stated will be an indication only and will not constitute a material condition of this contract. Delay in delivery will not entitle the Buyer to cancel nor will it provide any entitlement to the Buyer to any indemnity penalty or compensation. The company’s obligation to deliver goods ordered will be cancelled by circumstances beyond their normal control, such as strikes, floods fires or force majeure.
All and any claims rising for damaged or partial loss of goods in transit must be made to the Company in writing within three days of the date of signing of the delivery note. Any other claim must be received by the Company in writing within ten days of the date of signing of the delivery note. The return of any goods properly supplied against a Buyer’s order will not be accepted for any reason unless the authority of the Company has been previously agreed in writing.
The Company reserves the right to make partial deliveries and to be entitled to payment in respect of partial deliveries in accordance with these terms.
Incomplete deliveries shall not be due cause for withholding payment on goods properly delivered and invoiced.
Failure to Accept Delivery
In the event that the Buyer is unable or unwilling to accept delivery of any goods on or at any time following the date of delivery as stated on
the order acknowledgement or as otherwise advised, the Company will be entitled arrange for or provide storage and insurance of the goods as it thinks appropriate at the Buyer’s expense.
The appropriation or despatch of any of the goods for storage in accordance with this condition shall be deemed to constitute delivery in terms of the preceding clause and payment shall become due in terms of Clause 7 herein as the risk in the goods passing to the Buyer.
Installation/Fitters Working Times
Quotations cover the cost of installation during normal working hours. Our fitters will install according to agreed layouts and any request to change these during or after installation will be chargeable.
Overtime, weekend work or lost time due to lack of facilities access will be subject of an extra charge to the Buyer from the Company.
Terms of Payment
Payment shall be made to the Company at the time and in the manner stated in the quotation or if no such time and manner are stated then within 30 days following the date of our invoice. In all cases the prices quoted are strictly net. We understand and will exercise our statutory right to interest under the Late Payment of Commercial Debts (Interest) Act 1998 if we are not paid according to agreed credit terms.
Property in Goods
Notwithstanding delivery and the passing of risk in the goods or any other provision of these Terms and Conditions the property in the cash or cleared funds payment in full the price of goods and all other goods agreed to be sold by the Company to the Buyer for which payment is then due. Until such a time as the property in the goods passes to the Buyer the Buyer shall hold the goods as the Seller’s agent and shall keep the goods separate from those of the Buyer and third parties and properly stored, protected, insured and identified as the Seller’s property. In the event of non-payment in terms of the preceding clause the Company shall be entitled to repossess the goods and the Buyer shall be under obligation to return the goods to the Company at his expense on the request in writing of the Company.
General
No waiver by the Company of any breach of these Terms and Conditions by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provisions herein. If any provision these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these terms and Conditions and the remainder of the provision in question shall not be affected thereby.
Governing Law
These Terms and Conditions and the contract to which they relate shall in all respects be constituted under and governed by the law of Scotland and both parties submit to the non-exclusive jurisdiction of the Courts of Scotland.