1. Definitions in these Terms of Trading the following shall apply:
1.1 D&R Furnishers, D&R Furnishers (Marlborough) 14-18. The Parade, Marlborough, Wiltshire SN8 1NE.
1.2 The Customer: The party who has or who is intending to receive goods or services provided by D&R Furnishers.
1.3 The Good: Any goods supplied by D&R Furnishers.
1.4 The Installation and/ or Services: Any service supplied by D&R Furnishers.
1.5 The Quotation: Any formally written price presented by D&R Furnishers.
1.6 The Price: The price which the customer has agreed to pay D&R Furnishers.
2.1 All D&R Furnishers business transactions and issues shall be conducted in accordance with and be subject to these Terms of Trading in their entirety.
2.2 These Terms of Trading shall exclude and override any other Terms of Trading or condition of sale or purchase.
2.3 No modification of these terms of Trading will be accepted unless by prior written agreement by a Director.
3. The Prices
3.1 D&R Furnishers reserve the right to alter prices without prior notice.
3.2 All prices given include VAT unless specified otherwise.
4.1 Formal quotations are normally based upon observations & measurements taken during a site visit by an employee or agent of D&R Furnishers.
4.2 D&R Furnishers shall not be bound to Quotations taken from drawings or measurements supplied by the Customer. Nor shall D&R Furnishers be bound to Quotations where alterations to the site occur after the site visit has taken place.
4.3 The Customer shall be responsible for informing D&R Furnishers of any such alterations in the site conditions as soon as such alterations become evident.
4.4 If D&R Furnishers require to increase the Price as set out in the Quotation then D&R Furnishers will give the Customer seven days notice of such an increase. (The Increase).
4.5 If The Increase is more than 15% of the Price then the Customer may, within fourteen days of receiving written notice cancel the Contract and receive in full a refund of any payment made to D&R Furnishers in relation to that Contract.
4.6 D&R Furnishers shall require written notification of the Customers wish to accept the Quotation.
4.7 Quotations remain viable for thirty days from the quotation date.
5.1 If a deposit is requested on a Quotation, this must be paid to D&R Furnishers before any goods or services will be ordered for the Customer.
5.2 The remaining balance must be paid to D&R Furnishers on the day the fitting is completed. No further credit will be allowed.
5.3 The Customer will pay at four percent(4%) over the base rate of Barclays Bank plc to D&R Furnishers in respect to any overdue accounts.
5.4 If the Customer ( being a Company) fails to pay an account by the due date its Directors shall be personally liable to D&R Furnishers and in the case of two or more Directors such liability shall be both joint and several.
6.1 D&R Furnishers reserves the right to refuse cancellation of any order or contract where the goods relating to that order are a special purchase for the Customer, ready for despatch, in transit or in the process of manufacture or cutting.
6.2 The Customer must give D&R Furnishers 3 working days notice to postpone a fitting date. If less than 3 days notice is given, the Customer must pay D&R Furnishers a cancellation charge of 20% (twenty percent) of the Quotation value.
7. Installation & Provision of the Services
7.1 Any installation date or promise of installation or provision of the services is given in good faith only. In no circumstances whatsoever shall D&R Furnishers be liable for any loss or damage sustained by the Customer or any other party in consequence of any failure by D&R Furnishers to provide the Installation or Services as arranged.
7.2 The Customer shall be responsible for ensuring that D&R Furnishers or their agents have full and unimpeded access to the site including access to electrical and water source during the installation or provision of the services.
8. Exclusion and Liability
8.1 No liability is accepted by D&R Furnishers for any loss or damage suffered by the Customer or any other party caused directly or indirectly by:
9. Title & Risk
9.1 Property in the goods only passes to the Customer when full payment for those goods has been received and cleared by D&R Furnishers.
9.2 The Customer agrees that D&R Furnishers may enter the delivery address without prejudice to any other remedy it may have to repossess any Goods which have not been paid for in full.
9.3 Liability for the risk or loss or damage to the Goods shall pass to the Customer upon delivery.
10.1 Stock goods returns will be accepted and credited provided they are returned in perfect re-saleable condition.
10.2 Special order goods and non-stock items can not be returned.
10.3 A re-stocking charge may be applied to returns at our discretion.
10.4 All returns shall be at the Customers own expense.
11.1 D&R Furnishers offer no guarantee on any goods or services supplied. This does not affect your statutory rights as a consumer.
11.2 The Customer shall be given the benefit of any available manufacturer Guarantee.
12. Limitations of Natural Products
12.1 Wood products supplied are subject to shade, marking, knotting & grain variations and blemishes. These are characteristics of natural products and do not constitute faults.
12.2 The above limitations must be taken into account when viewing D& R Furnishers products as D&R Furnishers can not give any guarantee that the products viewed will closely match the final purchase.
13.1 D&R Furnishers accepts in good faith only any paperwork or correspondence relating to the exemption of VAT for any particular contract.
13.2 In the event of any disputes arising over the exemption of VAT for any Particular contract D&R Furnishers shall expect payment of the VAT from the Customer.
14.1 D&R Furnishers reserves the right to apply extra specific or general terms or conditions to any particular order or contract. D&R Furnishers shall notify the Customer in writing of any such terms or conditions.
15.1 These Terms of Trading shall be subject to and construed in accordance with English Law.
15.2 Nothing in these Terms of Trading shall affect the statutory rights of the Consumer.