Last Updated May 2018
The conditions of Sale supplied by Office Kit (Solutions) UK Ltd (“the company”) to a purchaser (“the Buyer”) shall be incorporated into each Contract (“the contract”) made by the Company for the sale of the Company’s goods (“the goods”). These conditions supersede any earlier Conditions of Sale of the Company and no alteration, or addition to our exclusion of any part of these conditions of sale shall be applicable unless agreed in writing by a Director of the Company.
Any and all Contracts shall be deemed to be made at the Registered Office of the Company at Southampton;
The Headings listed within this document are for guidance only and shall have no effect on interpretation;
English Law shall be the proper Law of any Contract and all claims under the Contract shall be settled by reference to the English legal system, whether or not the Buyer is situated outside England.
2. Order acceptance
a) All quotations and estimates provided by the Company, unless otherwise expressed in writing, are invitations to treat, and are only valid for a period of 60 days from quote date; the buyer’s order is an offer and will only become binding upon the Company’s confirmation of acceptance;
b) The Company will not accept cancellation or variation of any order except at its discretion. The acceptance of cancellation shall not in any way prejudice the Company’s right to recover from the Buyer full compensation for any loss or expense arising from such cancellation or variation, and as such, the Buyer shall indemnify the Company in full against all such costs including loss or profit, labour, materials and all expenses incurred by the Company as a result of any such cancellation or variation;
c) Defects in quality, delayed delivery or alteration of specification by the Company shall not be grounds for cancellation.
3. Specifications and fitness
a) The Company reserves the right to without notice and affecting the validity of any contract, make such changes in dimensions, design and or materials as it sees fit;
b) Whilst the Company takes great care in the preparation of catalogues, price lists, technical circulars and other literature, all illustrations, dimensions and descriptions are to be taken as a general guide only and are not binding in details; all prices, finishes and designs are as accurate as possible within normal manufacturing tolerances but may be subject to change without notice;
c) It is the responsibility of the Buyer to assess the suitability of the goods and quality and fitness for purpose and he shall ensure the accuracy of any terms of the order.
4. Price, payment and delivery
a) All prices quoted are ex-works; packaging shall be at the discretion of the Company;
b) Prices quoted are valid for a period of sixty days from quotation and are subject to VAT at prevailing rate;
c) The Company shall apply interest to any overdue accounts at a rate of 4% or greater above National Westminster Bank plc Base lending rate on a daily basis;
d) The Company shall not be held responsible for delays in delivery caused by strikes, lockouts, trade disputes, breakdowns, accidents, war, civil commotion or riot, Act of God or any other event beyond the control of the Company;
e) Due to the current uncertainty and fluctuation in global raw material costs, we reserve the right to amend our costs resulting to subsequent individual purchase orders placed after 30 days in line with market movements. Please be advised that any such movements will first be communicated prior to taking effect.
f) If the Buyer fails to accept the goods when they are delivered the Company reserves the right to store and insure the goods and to charge the Buyer the reasonable cost of doing so. Such a delay in acceptance will not delay any payments due under the particular contract;
g) The Company reserves the right to make partial delivery and this shall not affect the contract for the balance of goods;
h) All customers are required to pay on a pro-forma basis unless otherwise agreed.
i) Any delivery dates quoted will vary should there be a delay in information, payment or instruction by the purchaser or their agents.
j) Where Payment is due at an agreed period beyond delivery, the delivery date is the first date for agreed delivery (i.e. should the date of delivery be delayed the payment due date will not be moved back).
k) The above delivery and installation price is based on normal working hours (Mon-Fri, 9am – 5pm).
l) Out of hours work will be charged at a premium rate and subject to availability.
m) “Delivery only” is defined as 1 man tail gate delivery. The customer must ensure an appropriate number of their own staff is able to receive the goods without delaying the vehicle beyond a reasonable time. Distribution of the goods must be carried out after being dropped at the receiving point unless otherwise agreed. Blankets are used to protect the goods whilst in transit only. All goods must be checked before the vehicle leaves for any obvious signs of transit damage and a selected sample of items must be thoroughly checked and the delivery personnel informed of any damage.
5. Inspection and defects
a) The Buyer is under a duty to inspect the goods on delivery or collection and the Company shall not be liable for any defects or shortages that would be apparent upon careful inspection at that time and conveyed to the delivery personnel.
b) Where any defect is not immediately apparent, this must be notified in writing to the Company within 24 hours of receipt of goods;
c) In all cases where defects or shortages are complained of, the Company shall be under no liability in respect thereof unless an opportunity to inspect the goods before any use is made thereof or any alterations or modification is made thereto by the Buyer;
d) Subject to the above, the company reserves the right to make good any defect as soon as it is reasonably able to do so, but shall be under no liability arising for any shortage defect; the company may choose to either repair or replace the defective article as it sees fit and extend its warranty for this for a period of ninety days from date of availability of the repaired or replaced article;
e) Only defects caused by faulty manufacture, materials or workmanship shall be covered. Defects caused by abnormal usage, misuse, neglect or wear and tear shall not be covered by the Company;
f) The Company shall not be held liable for any consequential or indirect loss including loss of profits, damage to property suffered by the Buyer whether this loss arises from a breach of duty in contract, late delivery, and defects or in any other way, including negligence on behalf of the Company. It shall, therefore, be a duty of the buyer to take out and maintain a policy of insurance to cover any such losses;
g) When goods which have been manufactured or part manufactured, according to initial instructions and then either cancelled or returned, for whatever reason, the order will be chargeable in full.
6. Title risk and beneficial ownership
a) The risk in all goods supplied shall pass to the Buyer on delivery;
b) Title of goods supplied shall remain with the company until the purchase price and any other monies owing to the buyer, whether or not due, are paid in full;
c) Until title passed to the Buyer, the goods shall be kept by the Buyer acting as Bailee, who shall also ensure goods are insured;
d) Until such time as the goods are paid for by the buyer, the company reserved the right to enter the Buyer’s property or any other property where the Buyer might have placed the goods, and repossess the goods without notice and the Buyer shall bear any costs incurred in so doing.
a) If there are any differences between the information within the quotation and the order acknowledgement in respect of any Contract the latter shall prevail.
b) Each right or remedy of the parties under the Contract is without prejudice to any other right or remedy of the parties.
c) In the event that such court, tribunal or administrative body of competent jurisdiction decides that such condition is not severable, the parties agree to attempt to substitute the relevant condition with a valid, enforceable and legal provision which achieves, to the greatest extent possible, the same effect as the original condition would have.
d) Failure or delay by the Supplier to enforce, or partially enforce, any provision of the Contract shall not be construed as a waiver of any of its rights under the Contract. Any waiver by the supplier of any breach of, or any default under, any provision of the Contract by the Buyer shall be in writing and shall not be deemed to be a waiver of any subsequent breach or default and shall in no way effect the other provisions of the Contract.
e) No provisions of the Contract are enforceable by virtue of the contracts (Rights of third parties) Act 1999 by any person who is not a party to the Contract.
f) The formation, existence, construction, performance, validity and all aspects of the contract shall be governed by English Law and the parties submit to the exclusive jurisdiction of the English Courts.
g) The Buyer acknowledges and agrees that details of the Buyer’s name, address and payment record may be submitted to a credit reference agency, and personal data will be processed by and on behalf of the supplier in connection with the contract. All communications between the parties about the contract, including any notices to be sent or received under the contract, must be in writing. All communications and notices sent and invoices issued, shall be sent to the other party’s registered address, or such other address as is notified in writing by the other party, either by hand, first class post or email.
Our prices are generally held for 60 days from date of quote. However, due to fluctuations in raw material prices it may be necessary to alter prices without notice and we reserve the right to deliver goods at the prices ruling at the time of despatch.
All prices are subject to confirmation following a detailed site survey.
All prices are subject to VAT at the current rate.
All projects are priced based on the information submitted by the buyer. Should this alter or prove incorrect, we may charge for any additional work and the delivery and installation dates will change.
Interest will be charged at 4% above bank rate on any overdue accounts.
Lead times will commence from receipt of your written official purchase order & deposit.
All orders are subject to a satisfactory credit check. Upon approval, we will send an order confirmation. Please ensure that all the details are as you correct, as there may be charges if you amend them after 24 hours.
Titles to all products remain with Office Kit until all invoices are settled in full.
Your quotation does not include for storage of items on our premises.
Any defects must be notified in writing within 24 hours of delivery.
Please be aware that electrical fittings and plumbing are not included, unless stated otherwise.
Our prices are based on multiple production runs and unless otherwise stated, do not include for individually bespoke items. Dimensions are all in mm and are approximate. Due to our policy of continuous improvement we may make variations to specifications without notice.
Unless stated otherwise our furniture is manufactured to be freestanding.
Any furniture that abuts skirting boards will either stop short of the skirting or will have factory produced cut outs to accommodate the general shape of the skirting with tolerance of up to 50mm.
‘Delivery Only’ projects are priced to include 1 man and a vehicle. This is a “tailgate” delivery and the client is responsible for any furniture movement beyond the back of the vehicle.
‘Delivery & Installation’ assumes clear access to rooms i.e. free from guests, obstruction and all existing furniture.
‘Delivery Only’ projects do not include for the unwrapping of your products.
Our prices assume single handling with lifts available to all floors. Prices are based on fitting the full room sets in one visit.
Our distribution and installation price does not include for working over the weekends. This can be accommodated at an additional cost.
Additional or unforeseen on site distribution or installation work will be charged at an hourly rate of £150.00 an hour.
If installation is requested, please have a representative available to help our fitters with the positioning of the furniture, or provide detailed room layouts 7 days before installation.
Costs for Delivery and Installation are subject to final site survey.
Changes to site conditions and delays on site caused by others will be chargeable.
If the client or its agents delay our delivery beyond 4 days, there may be a storage charge of 1% / week.
Should the buyer decide to move your original installation date, there may be a storage charge and a new installation date is subject to the availability of Office Kit’s installation team.
A change of installation date within 72 hours of the planned date may incur an aborted fitting cost.