1 Interpretation Any contract to which these conditions apply shall be constructed and take effect in accordance with English Law
2 Basics of the sale 2.1 We shall sell and you shall buy the goods subject to these conditions, which supersede any other terms and which govern the Contract to the exclusion of any terms and conditions which you may ask us to sign or supply or which are employed by trade, custom or course of dealing.
2.2 No terms or conditions endorsed upon, delivered with or contained in your order or other document will form part of the Contract simply as a result of such document being delivered to us or referred to in the Contract.
2.3 These conditions constitute the entire agreement between you and us for the supply of the Goods.
2.4 Our employees or agents are not authorised to make any representation concerning the goods unless confirmed by us in writing, and you acknowledge that you do not rely on, and waive any claim for breach of, any such unconfirmed representation (unless such representation is made fraudulently).
2.5 Any typographical, clerical or minor / other error or omission in any document or information issued by us shall by subject to correction without any liability on our part.
2.6 We shall supply all goods subject to these terms and conditions and our terms and conditions of sale of Special Goods where applicable, which you will be required to sign either in person or electronically by way of ticking acceptance before we will accept your order for goods. All orders placed on our website by you, or by a Harvey George employee on your behalf under your instruction in person or verbally over the telephone are subject to these terms also. If asking Harvey George to place an order on our website on your behalf, then you are doing so on the basis of accepting these terms as set out, and you confirm that the Harvey George representative is able to tick acceptance of these terms on your behalf.
3 QUOTATIONS , ORDERS AND SPECIFICATIONS 3.1 Our quotation is not an offer. Quotations shall be valid for 28 days from the date of quotation subject to withdrawal or revision by us at any time before we accept your order.
3.2 Prices included in our quotations are applicable only if an order is placed for all Goods referred to in the quotation, if an order is placed for only some of the goods referred to in the quotation, we reserve the right to re-quote.
3.3 Each order for goods issued by you is an offer by you to purchase the goods subject to conditions.
3.4 No order submitted by you by whatever means is accepted by us until we confirm our acceptance by the way of an electronic acknowledgement or (if earlier) we deliver the Goods to you.
3.5 You must ensure that the terms of any order acknowledgement (including any specification) are complete and accurate and that you give us any necessary information within a sufficient time to enable us to complete your order.
3.6 Where providing drawings, dimensions or measurements for a project, it is your responsibility to confirm if manufacturing is to be carried out to specific sizes. (e.g. to fit snug in a space) The manufacturing process for all materials and products requires a degree of tolerance. Material sizes/thicknesses, colours, patterning and finishes can vary so typically any sizes provided are subject to a tolerance of up to 3mm on cut sizes, and finishes cannot be guaranteed to be 100% consistent throughout due to the nature of certain materials.
3.7 If you wish to make any amendment or change to an order then we can only accept these in writing from you via email to email@example.com – we recommend that any such change is requested by return email to the order confirmation we send to you electronically. All changes must include an order reference as per the original order made. Changes to an order specification will be subject to an administration charge of £30.
3.8 If you do not receive your Quote or Order confirmation within 48 hours, you should contact our office.
3.9 When purchasing painted furniture, please note that we make every effort to ensure accurate colour reproduction. Any colour swatches displayed on our website and furniture in photographs may not be wholly representative as several factors can affect how colour is perceived when in the home. We match to official painted swatches as provided by leading brands but if it is crucially important that you get as close a match as possible, we recommend that you send to us a sample for reference.
4 CANCELLATION AND DELAY 4.1 Once accepted an order may not be cancelled without our written agreement and on terms that you indemnify us against all loss (including loss of profit) and expense incurred as result of a cancellation. All cancelled orders are subject to a restocking fee of 20%.
4.2 We will not be liable to you or be in breach of Contract by reason of delay or failure to perform any of our obligations if the delay or failure was due to any cause beyond our reasonable control.
5 PRICE 5.1 The price payable for goods sold by the company shall be the price shown on the website at the time of order, or in the quotation provided by a member of the Harvey George team so long at the 28 days expiry date of the quote has not lapsed. No modification or amendment of these prices shall be binding upon the Company unless otherwise stipulated herein or agreed to in writing by an authorised officer of the Company.
5.2 If you request any alteration in the design, specification or quantity of the Goods we are entitled, should we choose to accept such alteration, to vary the price.
5.3 We reserve the right by giving notice before delivery or supply to increase the price of goods to reflect any increase in cost to us.
5.4 Prices quoted by us are exclusive of costs of delivery unless otherwise stated.
6 PAYMENT TERMS 6.1 Unless credit facilities have been expressly agreed in writing, all orders shall be paid for by one of the following methods: Guaranteed Bank Draft; Cheque; BACS; Cash; or Selected Credit & Debit cards as set out on our website. 6.2 Where credit facilities have been expressly agreed in writing, payment will be strictly adhered to the credit terms that are issued. If payment is not received by the due date, the Company reserves the right to charge interest at the rate of 8% per month or part thereof on the overdue balance the rate shall apply both before and after judgement. If unfortunately we do not receive payment in accordance with the maximum 30 days credit extended, the account will go on stop and no further goods will be released or processed for delivery until securement of said payment. 6.3 The company has the authority to alter credit terms to strictly cash on delivery and to charge for bank charges incurred, should the Company be in receipt of no more than two dishonoured cheques from the customer.
6.4 The Company reserves the right to withdraw any credit facilities from a Customer whose account is overdue and upon so doing all sums due to the Company shall become immediately repayable.
6.5 All goods shall remain the property of the Company until all monies due are paid in full by the Customer. The company shall be entitled to bring an action for the price or part thereof whether or not the property in the goods has passed. The retention of title is quoted on all invoices.
7 DELIVERY OF GOODS 7. 1 Delivery of goods shall take place as stated on the order acknowledgement, for made to order items of furniture this is typically 6 weeks and is shown on your order when checking out. (The indicated date is just an approximation of when to expect and will be superseeded when the courier makes contact with you to confirm the exact day. Whilst the Company will use its best endeavours to avoid delay the date of delivery shall not be of the essence of the Contract and the Company shall not be liable in damages to the Customer for any loss or damage whether direct, indirect or consequential if the Company is delayed in or prevented from delivering the goods or otherwise performing the contractual obligations howsoever arising.
7.2 If any cause outside our control or any labour dispute or any unforeseen contingency (whether in our premises or elsewhere) render it impracticable for us to execute any order or to deliver within a reasonable time we reserve the right to cancel the order and to repay you any payment already received.
7.3 We will endeavour to comply with any of your reasonable requests for the postponements of delivery but shall be under no obligation to do so. Where delivery is postponed at your request you shall pay all costs and expenses for storage which shall be 2% of the value of the goods or £100 which ever is the greater per calendar month. A reasonable charge for transportation may apply.
7.4 In order to comply with the conditions of haulage imposed on the Company by its carriers, claims for damage in transit cannot be entertained by the Company unless the Carriers delivery documentation has been endorsed to that effect.
7.5 No claim for non-delivery, partial delivery or damage to the goods occurring prior to delivery or in respect of alleged breach of contract by reason that the goods are not in accordance to the contract will be accepted by the Company unless notified in writing by the Customer to the Company within 48 hours
7.6 If the Customer shall fail to give notice in accordance with the provisions of this paragraph the goods shall be deemed to be in all respects in accordance with the Contract and the Customer shall be bound to accept and pay any balance due for the goods accordingly.
7.7 All Harvey George Ltd products are ex works and therefore carry a delivery charge that is dependent upon your location and the product purchased. Shipping is automatically calculated on our website, but may at our discretion be re-calculated up or down if the contents of your order are such that it warrants a bespoke delivery calculation. Our customer service representatives will be able to advise you of any relevant delivery charge for orders which require a non-standard delivery service.
7.8 Delivery is to firm (ground floor) standing only, often referred to as ‘Kerb Side’. Distribution to plots shall be at the discretion of Harvey George Ltd. Arrangements for the above ground floor level and home delivery may be made at the time of order and are chargeable. Please note however that if for any reason we are not able to accommodate delivery into the property due to the possibility of the item getting damaged in the process then we can only deliver to the door. You are accepting when purchasing from us that you have made adequate checks to ensure accessibility of the goods into the home. If your delivery arrives and you are not able to accept it then we may return the goods back to us and arrange an alternative delivery which would be at cost to you at the current prevailing rates for your items.
7.9 Upon receipt of a delivery it is essential that any discrepancies be reported within 24 hours in writing to Harvey George Ltd, all goods must be returned for credit within 28 days of receipt (returns will not be accepted after this time.)
7.10 3rd Party Selling Platforms – Our goods may feature on other selling sites besides our website and when doing so those marketplaces may give us beneficial product placement in results online if we offer free delivery. We reserve the right to alter the specification of goods/materials provided on these marketplaces when compared to products bought directly on our own website so that we are able to offer a price inclusive of delivery.
8 RETURNS 8.1 No claim by the Customer in respect of manufacturing defects will be accepted by the Company if the goods have been worked on or modified in any way. If any goods supplied by the Company are found to be defective workmanship or material so as to entitle the Company to have them replaced or repaired by the manufacturer, the Company undertakes to have them replaced or repaired by the manufacturer, provided that the Company shall not be liable for any loss whatsoever suffered by the Customer which cannot be recovered from the manufacturer. If the manufacturer is not liable to replace or repair due to default by the Customer in the complying with any terms imposed by the manufacturer, the Company shall be under no liability to the Customer.
8.2 All goods returned must be in the same condition as they were delivered, you should clearly mark with your order reference.
8.3 The Company reserves the right to inspect such goods prior to the return. The Company reserves the right to attempt to collect the goods on two separate occasions within 30 days of notification of said defective goods, if the goods are not available after such, it is the responsibility of the Customer to return goods to the Company within 30 days, if the goods are not returned in the said period, the Company shall not be liable to credit.
8.4 The Company, at their sole discretion, may agree to accept and give credit for goods returned excluding carriage if in perfect condition. Such goods will be subject to a handling and restocking charge of 20% of the invoiced value plus Value Added Tax.
9 RISK AND PROPERTY 9.1 The Goods remain our property until we receive their full price together with all other sums which become due from you on any account with us have been received by us.
9.2 If payments received from you are not stated to refer to a particular invoice we may appropriate such payments to any outstanding invoice.
9.3 Risk in the Goods passes to you on the delivery.
9.4 Until ownership of the Goods passes to you, you must; 9.4.1 store them at your own cost on your premises separately from any other goods in a manner which makes them readily identifiable as our goods.
9.4.2 not destroy , deface or obscure any identifying mark or packaging of the Goods;
9.4.3 maintain the Goods in a satisfactory condition insured on our behalf for their full price against all risks; and
9.4.5 hold the proceeds of insurance referred to in Condition
9.4.6 on trust for us and not mix them with any other money, nor pay the proceeds into an overdrawn account.
9.5 We may, so as to discharge any overdue payment recover or resell the Goods and we may enter the premises where the Goods are stored for the purpose.
10 SPECIAL GOODS 10.1 Where the Goods are manufactured or where our standard goods are altered in order to become the Goods in either case in accordance with information, drawings or instructions supplied by you:-
10.1.1 we give no guarantee or warranty as to the practicability, efficiency, safety or otherwise of the Goods;
10.1.2 you shall indemnify us against all liability we incur as a result if a) the Goods infringing any Intellectual Property Rights or any statutory provision; b) any impracticability, inefficiency, lack of safety or defect in the Goods where any of these is due wholly or partly to faults or omissions in any such information, drawings or instructions
10.1.3 we shall not be liable to you in respect of any loss, damage or claim incurred by or made against you if any Goods infringe any Intellectual Property Rights.
10.2 Where tools or dyes have to be made specially to produce Goods to your specification, pattern or design, such tools or dyes shall not become your property unless otherwise expressly agreed in writing
11 YOUR MATERIALS 11.1 If we agree to carry out work on your own material or to store Goods after an invoice has been presented for the Goods such material or Goods will be held at your risk and the Seller will not be responsible for the damage by accidents, fire, flood, deterioration or any other cause.
12 CARRIAGE AND PACKING 12.1 An extra charge for postage will be made on small orders or any special or express delivery requirements made by you. Cases or other special packaging and containers will be charged separately.
13 INSTALLATION POLICY 13.1 Our standard installation policy applies to all supply and fitted contracts for further details request a copy.
14 LIEN 14.1 We shall have the general lien (together with a power sale) on all property owned by you in your possession in satisfaction of any payment due or owing from you on any account.
15 TERMINATION 15.1 We shall be entitled to terminate the Contract and cancel any further deliveries to you under any order placed by you, in the event that:- a) any debt due from the Customer to the Company is unpaid within 7 days after the becoming due; b) the Customer becomes insolvent or goes into liquidation c) the Customer has failed to provide any letter of credit, bill or exchange or any other security required. d) the Customer fails on cheques being returned, the Company shall (without prejudice to any other rights the Company may have) be entitled to cancel the contract and reclaim any of the goods not paid for and shall be entitled to claim for any direct or consequential loss to the Company caused as a result of the cancellation.
16 WARRANTIES AND LIABILITY 16.1 Subject to the conditions set out below we warrant to you that the Goods will correspond with their specification at the time of delivery and will be free from defects in material and workmanship for a period of 12 months from the date of their initial use or 12 months from delivery, whichever is the first to expire.
16.2 We shall not be liable under this warrant (or any other warrant, condition or guarantee) if :- a) any defect in the Goods arises from any drawing, design or specification supplied by you; b) any defect arises from the fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow our instructions (whether oral or in writing), misuse or alteration or repair of the Goods without our prior approval; or c ) if the total price for the Goods has not been paid by the due date for the payment.
16.3 This warranty does not extend to parts, materials or equipment not manufactured by us, in respect of which you shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to us.
16.4 Any claim by you which is based on any defect or in the quality or condition of the Goods or their failure to correspond on the specification shall (whether or not delivery is refused by you) be notified to us within 48 hours from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after the discovery of the defect or failure. If delivery is not refused, and you do not notify us accordingly, you shall not be entitled to reject the Goods and we shall have no liability for such defect or failure, and you shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract.
16.5 In the event that you have a valid claim in respect of any of the Goods which has been notified to us in accordance with these Conditions, we shall be entitled to repair or replace the Goods (or part in question) free of charge or, at our sole discretion, refund to you the prices of the Goods (or proportionate part of the price), but we shall have no further liability to you.
16.6 You agree to immediately notify us to any claim made by any customer under the consumer Protection Act 1987 or any other consumer protection legislation relating to manufacturing defect in goods (“Consumer Claim”)
17 GENERAL a ) The Terms and conditions of sales set forth below shall apply to all contracts entered into by Harvey George Ltd for the supply of goods and service. Any variations or additions to the contract shall not be binding on the company unless they are in writing and signed by a director of the company. b) The placing of an order by a customer will be considered by the company as acceptance by the Customer of these conditions of sale. c) These Terms and Conditions contains the entire obligations entered into between the Company and the Customer and in case of any inconsistency between any letter, quotation or form of contract sent by one party to the other (whatever their respective dates) these conditions shall prevail. d) The company reserves the right to change any material or specification without prior notice.