Terms & Conditions

INTERPRETATION

In these conditions;

‘The Company’ means Camelot Furniture Limited.

‘The Customer’ means any company, firm or individual who accepts a quotation of the Company for sale of goods whose order for goods is accepted by the Company

‘The Goods’ means the product, goods, equipment parts or other items or materials to be supplied by the Company to the Customer in accordance with these Terms and Conditions.

‘Contract’ means any contract between the Company and the Customer for the sale of Goods

‘Order’ means any order accepted by the Company and giving rise to a Contract.

‘Writing’ includes telex, cable, facsimile, electronic transmission and comparable means of communication.

The headings in these conditions are for convenience only and shall not affect the interpretation.

BASIS OF THE SALE
 
  • The Company shall sell and the Customer shall buy the goods in accordance with any written quotation of the Company which is accepted by the Customer or any written Order of the Customer which is accepted by the Company, subject in either case to these Terms and Conditions which shall govern the Contract to the exclusion of any other terms and conditions which the Customer may purport to apply.
  • No variation of these Terms and Conditions shall be binding unless agreed in writing between the authorised representatives of the Customer and the Company.
  • The Company’s employees or agents are not authorised to make any representations concerning the Goods unless confirmed by the Company in writing. In entering into the Contract the Customer acknowledges that it does not rely on, and waives any claim for breach of, any such representations which are not so confirmed.
  • Any typographical clerical or other error or omission in any sales literature, catalogues, quotation, price list, acceptance of offer, invoice or other document or information issued by the Company shall be subject to correction without any liability on the part of the Company.

ORDERS AND SPECIFICATIONS

  • No Order submitted by the Customer shall be deemed to be accepted by the Company unless and until confirmed in writing by the Company’s authorised representative.
  • The Customer shall be responsible for insuring the accuracy of the terms of any Order (including any specification) submitted by the Customer.
  • The quantity, quality and description of any specification for the Goods shall be those set out in the Company’s brochure and quotation (If accepted by the Customer) on the Customers Order (if accepted by the Company) All sizes quoted are nominal.
  • If the Goods are to be manufactured or any process is to be applied to the Goods by the Company in accordance with a specification submitted by the Customer, the Customer shall indemnify the Company against all loss, damages, costs and expenses awarded against or incurred by the Company in connection with or paid or agreed to be paid by the Company in settlement of any claim for infringement of any patent, copyright, design, trademark or other industrial or intellectual property rights of any other person which results from the Company’s use of the Customers specification.
  • The Company reserves the right to make any changes in specifications of the Goods in the current catalogues without any prior notice or any alterations which are required to conform with any applicable statutory or EC requirements.
  • No Order which has been accepted by the Company may be cancelled by the Customer except with the agreement in writing of the Company, and on terms that the Customer shall indemnify the Company in full against all loss (including loss of profit), costs (including the costs of all labour and materials used), damages, charges and expenses incurred by the Company as a result of cancellation.

PRICE

  • The price of the Goods shall be the Company’s quoted price, or where no price has been quoted, the rice listed in the Company’s published price list at current at the date of acceptance of the Order.
  • The Company reserves the right, by giving notice to the Customer at any time before delivery to increase the price of the Goods to reflect any increase in the cost to the Company which is due to any factor beyond the control of the Company (including but without limitation increase in the cost of labour, materials or other costs of manufacture).
  • Unless otherwise agreed in writing by the Company all prices are given by the Company on an ex- works basis and where the company agrees to deliver the Goods otherwise than at the Company’s premises, the Customer shall be liable to pay the Company’s charges for transport, packaging and insurance.
  • The price is exclusive of any value added tax which the Customer shall be additionally liable to pay to the Company

PAYMENT

  • The Company shall be entitled to invoice the Customer on or at any time after delivery of the Goods unless the Goods are to be collected by the Customer (or the Customer wrongfully fails to take delivery of the Goods) in which event the Company shall be entitled to invoice the Customer at any time after the Company has notified the Customer that the Goods are ready for collection or (as the case may be) the Company has tended delivery of the Goods.
  • Unless otherwise agreed in Writing by The Company, the Customer shall pay the price for the Goods without deduction within 30 days of the end of the month in which the Company’s invoice is dated and the Company shall be entitled to recover the price notwithstanding that delivery may not have taken place and the property in the Goods has not passed to the Customer. The time for payment of the price shall be of the essence of the Contract.
  • If the Customer fails to make any payment on the due date then without prejudice to any other right available to the Company, the Company shall be entitled to;
  • Cancel the Contract or suspend any further deliveries to the Customer
  • Appropriate any payment made by the Customer to such of the Goods (or the Goods supplied under any other contract between the Customer and the Company) as the Company may think fit.
  • Charge the Customer interest (both before and after any judgment ) on the amount unpaid at the rate of 4% per annum above the base rate from time to time of the Bank of England from the date payment is due until payment in full in cleared funds has been made by the Customer.
  • Disallow any discount previously agreed.
  • Unless otherwise agreed in writing by the Company the Customer shall pay the price of the Goods by cash, cheque or bank transfer payable to the Company or any other third party nominated by the Company and notified to the Customer in Writing
  • Customers who do not have an approved credit account shall pay for Goods on a pro-forma basis and the Company reserves the right to delay the commencement of production until payment is received. Any delivery date quoted is subject to cancellation or revision until such payment is made and production commences.

DELIVERY
 
  • Delivery of the Goods shall be made by the customer collecting the Goods at the Company’s premises at any time after the Company has notified the Customer that the goods are ready for collection, if some other place of delivery is agreed by the Company, by the Company delivering the Goods to that place.
  • Any dates quoted for delivery of the goods are approximate only and the company shall not be liable for any delay in delivery of the Goods however so caused. Time for delivery shall not be of the essence unless previously agreed by the Company in Writing, The Goods may be delivered by the Company in advance of the quoted delivery date upon giving reasonable notice to the Customer.
  • When the Goods are to be delivered in instalments, each delivery shall constitute a separate Contract and failure by the Company to deliver one or more of the instalments in accordance with these Conditions or any claim by the Customer in respect of any one or more instalments shall not entitle the Customer to treat the Contract as a whole repudiated.
  • If the Company failures to deliver the Goods for any reason other than cause beyond the Company’s reasonable control or the Customers fault and the Company is accordingly liable to the Customer then the Company’s liability shall be limited to the excess (if any) of the cost to the Customer (in the cheapest market available) of similar goods to replace those not delivered over the price of the Goods.
  • If the Customer fails to take delivery of the Goods or fails to give the Company adequate instructions at the time stated for delivery then without prejudice to any other remedy available to the Company, the Company may;
  • Store the Goods until actual delivery and charge the Customer for the reasonable costs (including insurance) of storage or
  • Sell the Goods at the best price readily obtainable and after deducting all reasonable storage and selling expenses account to the Customer for the excess over the price under the Contract or charge the Customer for any shortfall below the price under the Contract.

FABRIC SELECTION

The selection of fabrics is not the Company’s responsibility. The policy of the company is to supply any fabric specified by the Customer in accordance with the company’s requirements. In selecting fabrics which the Company is to purchase and supply or in supplying fabrics to the Company the Customer deemed to have ensured the suitability of such fabrics for their intended use. Claims for losses howsoever sustained, resulting from a failure of the fabric or from any defect in the fabric or its performance cannot be accepted by the Company.


MATCHING

8.1 Good are sold on the clear understanding that exact matching between batches or co-ordinated products cannot be guaranteed. Variations may occur in timber components because of the natural grain of the wood.

CLAIMS AND LIABILITY

9.1 Any claim by the Customer which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall be notified to the Company within three (3) days from the date of delivery in Writing. If delivery is not refused, and the customer does not notify the Company accordingly, the Customer shall not be entitled to reject the Goods and the Company shall have no liability for such defect or failure and the Customer shall be bound to pay the price as if the Goods has been delivered in accordance with the Contract.

9.2 No claim based on the defect in the quantity or condition of the Goods can be accepted by the Company where the Goods have been subjected to further processing or to any alteration or modification whatever following delivery by the Company.

9.3 Except in respect of any representation made in writing by a duly authorised representative of the Company, the Company shall not be liable to the Customer by reason of any representation or implied warranty condition or other term or under the express terms of the Contract for any consequential loss or damage, costs, expenses or other claims which arise out of or in connection with the supply of goods or their use or re-sale by the Customer except as expressly provided in these Conditions.

9.4 Whilst the Company takes every care to ensure that any future information supplied is correct and accurate the Company cannot accept responsibility for any losses howsoever occasioned resulting from any inaccuracy therein.

DESIGN COPYRIGHT

The sale of Goods by the Company to the Customer does not confer any right or license upon the Customer to use exploit or otherwise utilise any intellectual property rights subsisting in or relating to the Goods of which the Company is the proprietor or to which the Company is otherwise entitled.

RISK AND PROPERTY

The risk of damage to our loss of the Goods shall pass to Customer:

11.1.1 In the case of Goods to be delivered at the Company’s premises at the time when the Company notifies the Customer that the Goods are available for collection or

11.1.2 In the case of the Goods to be delivered otherwise than at the Company’s premises at the time of deliver or if the Customer wrongfully fails to take deliver of the Goods the time when Company has tendered delivery of the Goods.

11.2 Notwithstanding delivery and the passing of risk in the Goods the property in the Goods shall not pass to the Customer until the Company has received cash or cleared funds payment in full of the price of the Goods and after all other Goods agreed to be sold by the Company to the Customer for which payment is then due

11.3 Until such time as the property in the Goods passes to the Customer the Company shall be entitled at any time to require the Customer to deliver up the goods to the Company and if the Customer fails to do so forthwith to enter on the premises of the Customer or any third party where the Goods are stored and re- possess the Goods.

11.4 The Customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of the Company, but if the Company does so all monies owing by the Customer to the Company shall (without any prejudice to any other remedy of the Company) forthwith become due and payable.

INSOLVENCY OF THE CUSTOMER

12.1 The clause applies of;

12.1.1 This Customer makes any arrangement with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation (otherwise than for the purpose of amalgamation or re- construction) or

12.1.2 An incumbrancer takes possession or a Receiver is appointed of any of the property or assets of the Customer or

12.1.3 The Customer ceases or threatens to cease to carry on business or

12.1.4 The Company reasonably apprehends that any of the events mentioned above is about occur in relation to the Customer and notifies the Customer accordingly

12.2 If this clause applies then without prejudice to any other right or remedy available to the Company, the Company shall be entitled to cancel the contract or suspend any further deliveries under the Contract without any liability to the Customer and if the Goods have been delivered but not paid for in full shall become immediately due and payable notwithstanding any previous agreement or arrangements to the contrary.

FORCE MAJEURE

The Company shall not be in breach of the Contract if there is any total or partial failure of performance by it of its duties and obligations under the Contract occasioned by any act of God, fir, act of government or state, war, civil commotion, insurrection, embargo, prevention from or hindrance in obtaining any raw materials, energy or any other supplies, labour disputes of whatever nature and any other reason beyond the control of either party. If the Company is unable to perform its duties and obligations under the Contract as a direct result of the effect of one such reason it shall give notice to the Customer of such inability stating the reason in question. The operation of the Contract shall be suspended during the period (and only during the period) in which the reason continues. Forthwith upon the reason ceasing to exist the Company shall give advice to the Customer of this fact, If the reason continues for a period of more than 60 days and substantially affects the commercial basis of the Contract he parties shall consult together for the purpose agreeing what action should be taken in the circumstances and, if appropriate, shall negotiate in good faith to amend and modify the provisions and terms of the Contract as necessary to escape the reason in question for the inability to perform.

MAINTENANCE INSTRUCTIONS

14.1 Table tops and other Timber Surfaces

Wipe with a clean slightly damp cloth. Buff with a duster until completely dry. A proprietary spray wax polish may sparingly applied on a regular or intermittent basis if so desired.

14.2 Upholstered Surfaces

Regular careful vacuum cleaning is advised. Stains can generally be removed by lightly sponging with clear lukewarm water. Always attend to stains as rapidly as possible. If in doubt consult a professional cleaning contract.

14.3 Warning

Do Not use any cleaning agent which contains an abrasive. Do not use any cleaning agent containing ammonia, bleach, spirit or any other aggressive constituent.

GENERAL

15.1 Any notice required to be given by either party under these Conditions shall be in Writing addressed to the other party as its registered office or principal place of business or such other address as may have been notified to the party giving the notice.

15.2 No waiver by the Company of any breach of the Contract by the Customer hall be considered as a waiver of any subsequent breach of the same or any other provision.

15.3 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Conditions and the remainder of the provisions in question shall not be affected thereby

15.4 The Contract shall be governed by the laws of England and Wales

15.5 The parties submit to the jurisdiction of the Courts of England and Wales.
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