Buyer The person who buys or agrees to buy the Goods from the seller.
Conditions The terms and conditions of sale as set out in this document and any special terms and conditions agreed in writing by the Seller.
Goods The articles which the buyer agrees to buy from the Seller.
Price The price for the Goods including VAT and excluding any carraige, packing and insurance costs.
Seller Means Flemings Furniture & Antique Centre 3 Boreland Rd Inverkeithing.
2.1 These conditions shall form the basis of the contract between the Seller and the Buyer in relation to the sale of Goods, to the exclusion of all other terms and conditions including the Buyer's standard conditions of purchase or any other conditions which the Buyer may purport to apply under any purchase order confirmation of order or any other document.
2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods from the Seller pursuant to these Conditions.
2.3 Acceptance of delivery of the Goods shall be deemed to be conclusive evidence of the Buyer's acceptance of these Conditions.
2.4 These conditions may not be varied except by the written agreement of a manager of The Bargain Centre.
2.5 These conditions represent the whole of the agreement between the Seller and the Buyer. They supercede any other conditions previously issued.
The price shall be the price quoted on the Seller's confirmation of order. The price is inclusive of VAT.
4. Payment & Interest
4.1 Payment of the Price and VAT shall be due on the date of the Seller's invoice/receipt.
4.2 Interest on overdue invoices shall accrue from the date when payment becomes due calculated on a daily basis until the date of payment at the rate of 8% per annum above the Bank of England base rate from time to time in force. Such interest shall accrue after as well as before any judgement.
4.3 The Buyer shall pay all accounts in full and not exercise any rights of set-off or counter-claim against invoices submitted by the seller.
The quantity and description of the Goods shall be as set out in the Seller's confirmation of order.
The seller warrants that the Goods will at any time of delivery correspond to the description given by the Seller in the confirmation of order.
7. Delivery of the Goods
7.1 Delivery of the Goods shall be made to the Buyer's address. The Buyer shall make all arrangements necessary to take delivery of the Goods on the day notified by the Seller for delivery.
7.2 The Seller undertakes to use its reasonable endeavours to despatch the Goods on an agreed delivery date, but does not guarantee to do so. Time of delivery shall not be the essence of the contract.
7.3 The Seller shall not be liable to the buyer for any loss or damage whether arising directly or indirectly from the late delivery or short delivery of the Goods. If short delivery does take place, the Buyer undertakes not to reject the Goods, but to accept the Goods delivered as part performance of the contract.
7.4 If the Buyer fails to take delivery of the Goods on the agreed delivery date or, if no specific delivery date has been agreed, when the Goods are ready for despatch, the Seller shall be entitled to store and insure the Goods and to charge the Buyer the reasonable costs of so doing.
8. Aceptance of the Goods
8.1 The Buyer shall be deemed to have accepted the Goods 48 hours after delivery to the Buyer.
8.2 The Buyer shall carry out a thorough inspection of the Goods within 48 hours of delivery and shall give written notification to the Seller within 5 working days of delivery of the Goods of any defects which a reasonable examination would have revealed.
8.3 Where the buyer has accepted, or has been deemed to have accepted, the Goods the Buyer shall not be entitled to reject Goods which are not in accordance with the contract.
9. Title & Risk
9.1 Risk shall pass on delivery of the Goods to The Buyers address.
9.2 Notwithstanding the earlier passing of risk, title in the Goods shall remain with the Seller and shall not passs to the Buyer until the amount due under the invoice for them (including interest and costs) has been paid in full.
9.3 Until title passes the Buyer shall hold the Goods as bailee for the Seller and shall store or mark them so that they can at all times be identified as the property of the Seller.
9.4 The Seller may at any time before title passes and without any liability to the Buyer:
9.4 .1 repossess and dismantle and use or sell all or any of the Goods and by doing so terminate the buyer's right to use, sell or otherwise deal in them; and
9.4.2 for that purpose (or determining what if any Goods are held by by the Buyer and inspecting them) enter any premises of or occupied by the Buyer.
9.5 The Seller may maintain an action for the price of any Goods notwithstanding that title in them has not passed to the Buyer.
Carraige will be chargable on all sales. In the case where the item cannot be delivered through no fault of the Seller, there will be a charge for re-delivery.
It is the Buyer's responsibility to ensure the Goods will fit into the property. In the event where the Goods cannot be delivered for this reason, the item will be returned to the store and a credit note will be issued for the value of the Goods. No refund will be given for the goods or the cost of the delivery.