1.1 These conditions shall apply to all contracts for the sale of goods by the Seller to the Client to the exclusion of all other Terms and Conditions including any Terms and Conditions which the Client may purport to apply under any purchase order, confirmation of order or similar document
1.2 Any variation to these Conditions (including any special Terms and Conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.2. Prices
2.1 The price shall be as stipulated in the quotation of the Seller which is inclusive of VAT.
2.2 The Seller will honour any quotation for the fee if accepted within 30 days of such date of preparation (provided the Seller has not previously withdrawn it).
2.3 An order will be accepted and work scheduled upon receipt of the correct 50% (non returnable) deposit and the signed quotation accepting these Terms and Conditions. Note that no work will commence until the correct deposit is received by way of cleared funds.
2.4 Payment of the full price must be made to the Seller by cleared funds to reach the Seller 5 days prior to the delivery of the goods.
2.5 Cheques should be made payable to Prestbury Upholstery and should be forwarded to Prestbury Upholstery Unit 6, Brookfield farm, Gravel pit lane,Prestbury,Cheltenham,Gloucestershire,GL52 3NQ.3. Presentation of Finished Goods
3.1 Because the Seller’s goods are made from natural materials, exact replication of a specification cannot be guaranteed. Due to the nature of the goods, all items are unique and may differ from the samples shown (including but not limited to colour and size).
3.2 Due to the natural materials used in producing the goods, piling, pile crushing, shedding and indentation may occur. The Seller shall not be held liable for such occurrence.
3.3 Whilst every effort will be made to maintain and match high standards of production, reasonable allowance must be made for any superficial difference in the finish and appearance.
3.4 The Seller shall not be liable for any adverse effect resulting from the application to the goods of any treatment or cleaning process.
3.5 All sizes are approximate and may vary according to the fabric and finish selected. We reserve the right to alter the specification or withdraw ranges without prior notice. All fabric and wood colours within this website may vary and are representational only.
4.1 Where specific delivery dates have been agreed, the Seller will make every effort to honour them. However, the availability of the right materials can be beyond the Seller’s control and therefore time is not of the essence in a contract.
4.2 The costs incurred in delivering the goods to the Client’s address will be passed on to the client at a price to be agreed between the parties prior to delivery.
4.3 The average lead time from ordering the goods to delivery is 6 to 11 weeks.
5. Title and Risk
5.1 Goods delivered shall be at the Client’s risk from the time they are delivered.
5.2 Property in goods delivered shall not pass to the Client until the Client has paid all sums due to the Seller
(a) in respect of the goods; and
(b) on any other account
5.3 Until property in the goods passes to the Client in accordance with Clause 5.2, the Client shall hold them as bailee for the Seller and shall store them in such a way that they remain identifiable as the Seller’s property.
5.4 The Client’s right to possession of goods supplied by the Seller shall terminate if the Client is declared bankrupt or makes any proposal to his creditors for any composition or voluntary arrangement or, if the Client is a company, an Administrator, Administrative Receiver or Liquidator is appointed in respect of its business.
5.5The Client hereby grants the Seller, its agents and employees, an irrevocable licence at any time to enter any premises where the goods are stored in order to inspect them, or, where the Client’s right to possession is terminated, recover them.
5.6 All goods remain the property of Prestbury Upholstery until fully paid for.
6. Acceptance of the Goods
6.1 The Client shall be deemed to have accepted the goods 24 hours after delivery to the Client.
6.2 After acceptance, the Client shall not be entitled to reject goods which are not in accordance with the contract.
7. Remedies of Client
Where the Client accepts or has been deemed to have accepted any goods, then the Seller shall have no liabilities whatever to the Client in respect of those goods.
8. Third Party Liability
The Seller shall be under no liability in respect of any damage or loss to third parties caused either directly or indirectly by the performance of any contract or goods supplied and the Client at all times indemnifies the Seller against such loss or damage.
9. Limitation of Liability
9.1 The Seller will use all reasonable endeavours to carry out its obligations within a reasonable period of time but will not be liable to the Client for any loss, costs or expenses arising directly or indirectly from any delays in doing so and the Seller will not be deemed to be in breach of this contract by reason of any delay in performing, or failure to perform, any of its obligations in relation to this contract, if the delay or failure was due to any cause beyond the Seller’s reasonable control. Without prejudice to the generality of the foregoing, the following will be regarded as causes beyond the Seller’s reasonable control:
(a) Act of God, explosion, flood tempest, fire or accident;
(b) War or threat of war, sabotage, civil disturbance or requisition;
(c) Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
(d) Import or export regulations or embargoes;
(e) Strikes, lock outs or other industrial actions or trade disputes;
(f) Difficulties in obtaining raw materials, labour, fuel, parts or machinery;
(g) Power failure or breakdown in machinery.
If the Seller is prevented from carrying out its obligations in the above circumstances, the Client will be notified in writing and if the Seller is still prevented from carrying out its obligations 3 weeks from the date such notice was sent, then either party may give written notice to the other cancelling the contract. If the contract is cancelled in this way the Seller accepts no liability to compensate the Client for any loss or damage caused by failure to perform.
9.2 Except where the Client is dealing as a consumer (as defined in the Unfair Contract Terms Act 1977 section 12) the Seller does not give any warranty, guarantee or indemnity as to quality, fitness for purpose or otherwise of the goods.
9.3Except in respect of death or personal injury caused by the Seller’s negligence, the Seller will not be liable to the Client for any loss of profit or any indirect special or consequential loss, damage, costs, expenses or other claims, which arise out of or in connection with the supply of goods other than as a result of an obligation arising under the Sale of Goods Act 1979 (as amended) and the Supply of Goods and Services Act 1973.10. Website
10.1 The Seller will attempt to ensure that the information available on the website at any time is accurate. However, the Seller will not be held liable for any errors or omissions.
10.2 All drawings, photographs, descriptive matter and specifications of the goods on the website are for the sole purpose of giving an approximate description of the goods.
11. Proper Law of Contract
This contract is subject to the law of England and Wales.