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Antique Furniture Designs Antique Furniture Designs Limited

TERMS AND CONDITIONS OF ANTIQUE FURNITURE DESIGNS LTD

INTERPRETATION.
The suppliers are Antique Furniture Designs Limited.
The customer is the person accepting a quotation from the manufacturer and/ or the sale of goods by the supplier.
1. PAYMENT.
a) All payment shall be made by the customer as specified on the suppliers order confirmation.
b) No right of set off or other deductions shall exist.
c) All prices are exclusive of V. A. T.
2. INTEREST.
In the event that payment shall not have been made by the customer in accordance with paragraph 1(a) the supplier shall be entitled to recover from the customer interest on any outstanding balance at the rate of 3% above the London Clearing Bank's base minimum lending rate for the time being in force for the period from such date until the date of payment.
3. DELIVERY.
a) All sales '' to arise '' shall be subject to shipment and safe arrival. Any variation in the total of the war risk insurance rate or any charge, tax levy duty or impost on the goods shall be for the customers account. Instructions for delivery to be given on time to enable them to be carried out on arrival. In the absence of such instructions or if ordered by the customer to road and rail transport or to craft and the customer fails to provide same when goods are available the supplier may take such steps that it may be necessary to clear the goods and may recover from the customer all expenses thereby incurred.

b) Any period of time or any date for the delivery of the goods not bind the supplier and the customer shall have no claim against the supplier for compensation or damage arising out of the late delivery of the goods but the customer is bound to accept delivery of the goods within the time or by the date agreed for the delivery.

c) If the contract provides or permits delivery by installments then each delivery shall be considered a separate contract.

d) The customer shall promptly unload goods when tendered at the delivery point to which clear access shall be made available by the customer. The supplier shall not be liable for any damage to goods sold on delivered terms after the same has ceased to rest on the conveyance on which they are delivered.
4. TITLE.
a) Goods supplied by the supplier shall be at the customers risk immediately on delivery to the customer or into custody on the customers behalf and the customer shall therefore be insured accordingly.

b) The property and goods supplied hereunder will pass to the customer when:,

(1).The goods to this contract and
(2) All other goods the subject of any other contract between the supplier and the customer which at the time of payment of the full price of the goods sold under this contract have been delivered to the customer but not paid in full, have been paid in full.
c) Until full payment has been received by the supplier the customer shall hold the goods in a fiduciary capacity for the supplier in a manner which enables them to be identified as the goods of the supplier and the customer shall immediately return the goods to the supplier should its authorised representatives so requested all normal incidents associated with a fiduciary relationship shall apply.
5. LIABILITY.
a) Goods are not tested or sold as fit for any particular purpose and any term warranty or condition express implied or statutory to the contrary is excluded. In no circumstances whatsoever shall the suppliers liability (in contract, tort or otherwise ) to the customer arising under,out of or in connection with with contract or the goods supplier hereunder exceed the invoice price of the particular prices concerned and the supplier shall be under no liability for loss or damage or delay how so ever arising caused by circumstances outside its control.

b) Where the customer has specified that the goods shall be of certain design, specification, colour, size or material, such specification shall be subject to reasonable commercial variation other than where specifically agreed with the suppliers. The description of a particular material or materials is intended to indicate the principal surface material of materials used and should not be interpreted as being the only product used based on that description.

c) If the fulfillment of this contract by the supplier is at any time prevented hindered or interfered with by hostilities or by the consequence thereof or by any government interference with the normal course of business or by any other cause of what ever kind the supplier may be notice in writing to the customer suspend or cancel his contract in respect of all or any goods then undelivered.

d) No liability will be accepted by the supplier for the suitability, reliability or otherwise of any item manufactured to the customers specification and design.
6.NOTIFICATION.
a) Notice of any claim arising out of or in connection with this contract must be given in writing to the suppliers within SEVEN working days from the date when the goods are are collected or delivered, failing which all claims shall be deemed to be waived and absolutely barred.

In any event the supplier shall be under no liability for shortage or damage unless within three days of delivery the customer gives written note or delivery document to the carrier and to the supplier.

b) In the event that a claim made as aforesaid the supplier shall be entitled to the return for testing purposes of any goods in respect of which such claim is made.
7.DEFAULT BY BUYER.
In the event of a customer failing for any reason to make any payment or in the event of any resolution or petition to wind up the customers business or on the customers liquidation or the appointment of a Receiver or any distress or execution being levied upon the customers property the supplier shall be entitled without prejudice to any other right or remedy against the buyer :-
1. To determine forthwith this contract.
2. To cancel or suspend delivery of the goods and / or any work thereon.
3.To recover the price of or any goods already delivered and / or the cost of any work or any goods so that the same become immediately due and payable.
8. APPLICATION.
These conditions shall apply to any contract made between the supplier and the customer, and the customer is hereby given notice of the terms thereof.
9. ENGLISH LAW.
Any contract made between the supplier and the customer shall in all respects be constructed and operated as an English contract and in conformity with English Law.
Antique Furniture Designs Limited

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