Terms and Conditions

1. All business undertaken by Elite Office Furniture Ltd, PO Box 9085, Leicester, LE41 9FA   (hereinafter called “The Company”) is transacted subject to the Conditions hereafter set out each of which shall be deemed to be incorporated in and to be a condition of any agreement between the Company and its Customers.  No agent, representative or employee of the Company, save only a Director of the Company in writing has authority to alter and vary these conditions.
2. The price of goods sold by The Company shall be the unit price, multiplied by the quantity and shown in the totals column.
   1. The price set down in the column marked Total shall be the amount to be paid excluding VAT.
   2. The standard payment terms to be strictly adhered to remain at 21 days unless otherwise specified in writing by a Director of the Company.
   3. Notwithstanding the (a) above, the Company will not accept cancellation of any order for non standard products (in other words a product either indicated as such special order, or a product not included in the Company’s recommended retail price lists for the time being in force) nor any order for upholstered products.  Interior refurbishments will be deemed to be of a level and quality as accepted within the industry standard.
   4. The prices of the goods sold by the Company shall be subject to the addition of VAT at whatever rate is applicable at the time of invoice.
3. Dates quoted by the Company for delivery of goods are estimates only and are not guaranteed nor will they be a condition of any order and the making of a delivery by the Company later than the quoted date shall not constitute a breach of contract.
4. Orders are accepted subject to the condition that if any loss or damage shall be suffered by any reason of any stretching, shrinking or other distortion of fabrics caused by the negligence and/or breach of contract of the Company, the Company’s liability shall be limited to the replacement or making good of the damaged fabric and shall not be extended to any indirect consequential loss or damage.
5. The Company will not accept responsibility for any loss, damage or delays arising from any strike, lock-out, cessation of labour, transport delays, shortened hours of labour, accidents of any kind, perils of the sea, war or war like activities, government interference or control, or any cause of contingency beyond the Company control, howsoever caused, whether of the same nature of the preceding causes or otherwise.
6. Any claim for short or non delivery must be made to the Company in writing within 7 days of the date of invoice.   Failure to make such a claim within the time specified will preclude the customer from making any claim or set off against the Company in respect of non delivery of any of the invoiced goods and the invoice shall remain due and payable.  In case any claim shall lie against the Company for non-delivery or short delivery of goods howsoever caused, the Company shall not be liable for more than the invoice value of the items in question for any indirect or consequential loss or damage.
7. Any item (hereinafter called “the defective item”) alleged to be defective either through faulty manufacture, design or bad workmanship or by reason of damage in transit from the Company to the Customer shall be reported in writing within 5 days of discovery and in such report giving full details of the alleged defect, failure to make such a report will preclude the customer from making any claim or set off (save in respect of any damage by way of death or personal injury resulting from the negligence of the Company) arising out of such alleged defect.
8. The Company will charge for collection and redelivery of all goods alleged to be damaged or defective and on investigation found by the Company not to be so.
9. Without prejudice to the rights of the parties hereto if a contract shall be discharged by frustration, if any contract has been partly performed by the Company, the Company for any reason refuses further to perform the said contract the Customer shall nevertheless be liable to pay the Company the price of any goods hitherto delivered or any services rendered pursuant to the said contract and the prices of the services so rendered shall be calculated upon a quantum merit basis.
10. Risk in the goods passes to the Customer on delivery.
    1. Title in the goods shall not pass to the Customer until the Customer has paid their price in full and discharged all other current obligations of the Customer to the Company whether in respect of goods or otherwise including any additional charges levied due to late payments.
    2. Until the Title in the goods passes, the Customer holds them as a bailee for the Company and must store them separately from all other goods whether of the Customer or any other person and keep them identifiable as the Company’s goods.
11. If payment of the price is overdue (time being of the essence for this purpose) or if the Customer becomes insolvent or commences winding up or commits an act of bankruptcy or has a receiver or administrator appointed, the Company may forthwith repossess the goods and for that purpose may enter any premises owned or occupied by the Customer.
12. The Company reserves the right to charge 10% administration fee of the invoice value on any accounts that does not comply within our stated terms of payment (2b), the Company also reserves the right to charge interest on any account not paid pursuant to the terms quoted on the invoices.  Such interest shall be calculated at a rate of  3% above bank base rates for the time being in force on a day-to-day basis.
13. The Company may without notice alter the specification of any article and provided such altered specification substantially corresponds with the description of any articles sold by description and provided that the quality of fitness of any article whose specification is so altered is similar to that of the article originally specified, no liability shall attach to the Company in respect of such alteration nor shall the Customer have any right to reject any goods whose specification is altered.
14. No waiver by the Company of any breach by the Customer of any terms of these conditions shall preclude the Company from relying on such breach in the event of a continuation or repetition thereof.
15. These conditions shall be interpreted in accordance with the Laws of England.