Basis of provisions of Goods/Service.
1.1 The placing of a made-to-order following the Company’s quotation of price shall not be binding on the Company until or unless confirmed in writing by the Customer Confirmation Order signed by the Customer and the Company at which time a minimum deposit of 50% of the purchase price is payable by the Customer to the Company.
1.2 In the case of orders given verbally by the Customer to the Company whether by telephone or otherwise, the price quoted by the Company and recorded on a Customer Order Form shall be dispatched to the Customer and if returned duly signed by the Customer with a minimum deposit of 50% of the total purchase within 7 days of dispatch, such order shall be conclusive and binding as to the price, type and quality of the product ordered, the delivery point and delivery date.
1.3 Additions or alterations to orders save as set out in 1.2 above, however placed, shall not be binding until confirmed in writing by the Company. And may be subject to extra charges
1.4 For stocked items, the shipping will take place only the deposit has been confirmed by the Client to the Company’s account. The deposit will follow the escrow model, being cleared only after the product is delivered in perfect condition to the Client.
1.5 Any advice or recommendation given by the Company or agents to the Customer as to the storage application or use of the goods which is not confirmed in writing by the Company is followed or acted upon entirely at the Customer’s own risk and, accordingly, the Company shall not be liable for any such advice or recommendation which is not so confirmed.
1.6 Any typographical, clerical or there error or omission in any sales literature, quotation, price list, acceptance of offer, invoice, Customer Order Form or other document or information issued by the Company shall be subject to correction by the Company without any liability on part of the Company.
1.7 The Company accepts no liability in respect of goods ordered by the buyer being of dimensions unsuitable for the Customer’s premises or if access to the Customer’s premises is impossible or impracticable save in circumstances where the Company has inspected and/or measured the Customer’s premises and access thereto.
Price and Payment.
2.1 The price of the goods shall be as set out in the Customer Order Form.
2.2 All quotations are valid for 7 days unless otherwise stated.
2.3 The total purchase price, together with the Value Added Tax less the deposit paid, shall be payable within 7 days of notification being sent of goods being available for collection/delivery failing which interest at the rate of 2% per month on the outstanding purchases price and storage charges will be levied as applicable.
2.4 Collection/delivery shall only be made after receipt of cleared funds. In the event of payment being made by personal cheque/building society cheque, 10 working days should be allowed for the clearance of such cheques.
2.5 Time shall be of the essence for the payment of the balance of the purchase price herein defined.
3.1 The Company requires at least 7 working days to organize delivery after cleared funds have been received.
3.2 The Company shall not be liable for any delay in delivery caused as a consequence of a delay in the supply of the Goods by the manufacturer to the Seller.
3.3 No deliveries, collections or inspections can be made on Saturday’s, Sunday’s and Bank Holidays.
3.4 The Customer shall inspect the goods immediately on their arrival and notify both the Company and the carrier forthwith in writing of any damage, shortage, over-delivery, loss or other particulars by reason of which the Company alleges that the goods supplied do not conform to the Contract. The Customer shall provide evidence through photographs and/or videos. If no such notice is received within 2 days of delivery the goods shall be cleared to be supplied in accordance with the Contract and to have been accepted by the Customer. Where the Customer gives notice to the Company as aforesaid, he/she shall preserve the goods intact as delivered for a period of 21 days after receipt by the Company of the Notice during which the Company, its agent or servants shall be at liberty to attend the Customer’s premises to investigate the complaint.
3.5 If the Customer fails to comply with 3.4, he/she shall be deemed to have waived all or any claims, actions, rights or remedies he/she may have in respect of the non-conformity of the goods to the Contract.
3.6 If, upon inspection, the Customer finds a shortage or over delivery in the amount of goods delivered, the Customer will not be entitled to reject the Goods but the Company will make further delivery or collection as shall result in the correct quantity having been delivered.
3.7 Damage, shortage, loss in transit or other non-conformity with the Contract, which is present only in a proportion of the Goods, shall entitle the Customer to remedies given by this clause only in respect of these goods.
3.8 The liability of the Company and of its servants or agents for any loss, injury, damage or claim arising out of or in connection with, the execution of this Contract or arising out of or in connection with the use of the goods supplied by the Company shall (save in the case of liability of death or personal injury resulting from negligence) be limited to the amount equal to the Contract price of the Goods supplied or to be supplied under this Contract whether or not such loss, injury, damage or claim is occasioned by the negligence of the Company or any of its servants or agents.
3.9 The Company can only accept results of tests on Goods the form and context of which have been notified to it by the Customer and approved by the Company in writing. Such tests must be carried out strictly in accordance with the current Portuguese Standard and in the presence of a nominated representative of the Company. The Customer shall be charged the cost of testing at the Company’s discretion.
3.10 The Customer shall ensure that access to the delivery address is given on the date of delivery and that the Goods are capable of being installed on delivery. The Customer shall not be entitled to reject the Goods upon the basis that access and installation cannot be afforded upon delivery. At point of delivery if normal access through a doorway is not available and any other means of access are employed such as removing doors and banisters, removing window frames, hoisting in through windows as well as carrying up several flights of stairs, the Customer shall pay such additional charges as may be payable as a consequence prior to delivery.
3.11 Where goods are ordered and delivered and form part of a furniture system, delivery and assembly shall not necessarily be carried out on the same day.