Unless by prior written agreement, these terms should be regarded as conditions of any order, quotation or contract accepted by the Company.
Prices are based upon those which are currently available in our current price list. These will be exclusive of V.A.T. which will then be charged at the current UK rate applicable at the time of despatch.
In the event that alterations to specifications are requested, or that work should be cancelled or delayed by the customer, then the original price may be increased to an appropriate level to be discussed and confirmed by the Company.
The Company reserves the right to alter specifications to its current standard offerings on the basis that the Company operates a continuous product improvement policy.
Cancellation of order can only be made in writing and will be subject to our consent in writing. The Company reserves the right to charge an appropriate fee for any partial completion of work and this will be discussed at the time of request to cancel.
Delivery to customers will be free of charge for standard design ranges. Bespoke product may be subject to charges if the item is particularly large or unusual in specification, thus requiring extra crew members. Similarly, if there is no lift access then the Company must be advised, in advance of delivery, in order to ensure the correct number of crew members is provided to lift and carry the goods to be delivered.
When the goods have been delivered to the pre-agreed area, they must be signed for on that basis. Delivery to another area of the pre-agreed destination will be at the discretion of the delivery crew in respect of time available to them and the provision of assistance if required.
Non UK Mainland deliveries can be arranged with separate costs to be confirmed prior to ordering.
Non delivery, shortages and damage should be advised immediately upon receipt of goods and then confirmed in writing within 5 working days from the expected or actual delivery date. Risk shall pass to the purchaser following delivery of the goods.
In the event that a structural defect should occur within 5 years of delivery of our furniture products but excluding upholstery or moving part components, which will be within a two year period from delivery of the goods, the Company will replace said items without charge.
In the event that damage has occurred through misuse or accidental or deliberate action, the Company will offer to repair or replace the goods on the basis that a charge will be negotiated with the customer to mutual satisfaction. No liability, under these circumstances or similar circumstances will pass to the Company.
Credit facilities will be offered to customers who are able to provide satisfactory trade references. Terms of 30 days payment, from date of invoice, are offered as standard under these circumstances. Alternative and extended facilities will only be provided through negotiation. In each case all orders placed will be acknowledged and credit facilities will be confirmed in writing. No verbal agreements will be valid until confirmation in writing has been issued.
In the event that credit is not provided, then a pro-forma invoice will be raised. Balance payment will be required prior to delivery of the goods following receipt of a deposit, with order, as below.
In general terms, a deposit of 25% of the value of the order will be required for any order placed and accepted unless alternative arrangements have been agreed to in writing. A deposit of 50% of the value of the goods will be required for any bespoke item which is ordered.
Interest of 2.5%, per month, will be charged on all outstanding account balances.
In the event that goods are delivered in a faulty or damaged state then a full replacement or full refund will be provided.
If incorrect goods are delivered then the company will collect these and provide a full refund of deposit or full payment if paid for prior to delivery.
In the event of order cancellation, prior to delivery, the customer must inform the Company, in writing, that the goods are no longer required. If costs have been incurred by the Company, then these will be charged to the customer and the customer will be advised of these, in writing, following notification of order cancellation.
All contracts will be entered into within jurisdiction of Scottish Law.
Goods shall remain the sole property of the Company as legal and equitable owner until the purchaser has paid the Company the full amount of any outstanding sums due against any invoices which remain outstanding and overdue.
Risk in the goods shall remain with the purchaser once delivered and whether paid for or not.
Where customers have supplied their own fabric, the Company will assume that the customer is satisfied with the fabric’s suitability for purpose and that there are no faults in the fabric. Endeavour will be made to notify the customer of any faults found but overall responsibility for all aspects of fabric suitability will rest with the customer as supplier of the fabric.
When customers have requested that the Company orders fabric on their behalf, all reasonable steps will be taken, by the Company, to inspect the fabric for faults and flaws. If fabrics are found to be faulty, the customer will be advised and the Company will seek to replace the fabric via the supplier. The customer will be advised of any associated production delays which may occur because of this. The Company will not be held responsible for delays created by a third party supplier following discovery of faults or flaws in fabrics or leather.
Export orders – terms and conditions
Whilst many of the above terms and conditions will apply to orders being undertaken for export, the Company will provide additional, specific terms and conditions to accommodate local market expectations as required.
Intellectual Property & Copyright
All designs have been created by Stuart McDonnell and Marion Whitelaw unless otherwise stated. Intellectual property rights and copyright pertaining to these designs, whether they be furniture, textiles or other surface pattern related mediums or indeed purely conceptual design drawings, sketches, artworks, or manipulations thereof, are protected accordingly and every effort will be made to secure all Company and employee interests and design rights.
Copyright of any bespoke design element from concept to finished product produced by the Company and/or its designers, will be retained by the Company and/or the designers responsible for them, unless agreed to, in writing.