(1) WARRANTY
All orders accepted by the Vendor from the Purchaser are accepted on the terms, conditions and exceptions herein contained (and such variation or replacement thereof as may at any time be in force). No other term condition or warranty of any nature shall be added hereto by the Purchaser unless expressed and accepted in writing. The Vendor shall be entitled at any time and from time to time to vary or replace terms, conditions and exceptions herein contained without notice.
The Vendor warrants that all wood used is prime quality fully seasoned (other than green oak products) and that the goods of its manufacture are fit for their intended reasonable use and are free from defective materials and workmanship, which shall not include natural checking, cracking or the occurrence of pin knots, cats eyes, cats paws and movement of wood subject to external weathering or internal conditions not recognised as suitable for traditionally made wooden furniture. Proper maintenance, including routine cleaning, painting, oiling or a schedule of preservative treatment for natural wood finishes is considered the normal responsibility of the purchaser. Any warranty does not apply to damage resulting from improper maintenance, misuse, negligence or abuse.
SPECIFICATIONS. The technical specification of the products will (unless otherwise agreed in writing) be in accordance with the Vendor’s standard catalogue / website description for the products at the date of despatch: all specifications are subject to usual manufacturers’ tolerances.
(2) PRICE
Prices are those as appear in the Vendor’s current price list as issued or published within the Branson Leisure website. Prices are ex works excluding VAT and are subject to change from time to time without prior notice.
(3) PAYMENT
Payment is strictly net. A 50% payment is due at the time of placing the order unless otherwise agreed by the Vendor. The balance or full payment, as appropriate, and delivery charges to be made on or before delivery. Subject to satisfactory references being given or at the Vendors discretion payment should be made within 30 days of the date of completion of the order. Otherwise payment should be made with the order as above.
OUTSTANDING PAYMENT.
Any payment outstanding 30 days following date of completion of the order and which has been notified with a view to delivery of the items ordered by the Purchaser becomes liable for a Statutory Right to Interest (SRI) of 8% over Bank of England base rate.
Only discounts agreed in writing on acceptance of orders are applicable.
In the event of pro forma invoices being issued goods will not be released until payment is show as cleared funds in the Vendors bank account. Payment should be made in British Pounds Sterling directly into the Vendors bank or by cheque drawn on a British Bank.
A 2.5% surcharge will be apply to all UK credit & debit card payments commensurate with the charges applied by the Vendors card processing provider.
(4) DELIVERY
Delivery dates are promises given in good faith by the vendor to indicate estimated delivery timing but shall not amount to any contractual obligation to delivery at the time stated. No liability for direct or consequential loss or damage arising from delay in delivery will be accepted by the
Company.
CANCELLATIONS. In the event of the cancellation of an order, or refusal on collection or delivery, the Vendor reserves the right to recover, by nominal fee, any administration and transport costs involved. Defects in any delivery shall not be a ground for cancellation of the remainder of the order, or part thereof. Goods returned by the buyer shall be at the buyer’s risk and expense. A minimum cancellation charge will be made of 20% of the goods cancelled, and bespoke, customised and specially produced items will be charged at cost incurred plus 50% profit where cost is in excess of 20%. Goods defective or damaged on arrival must be reported within 3 days of receipt, or claims will not be considered. In a case where the goods are loaded into the buyer’s vehicle or his agent’s vehicle, at the production works or storage depot, the Vendor’s liability ceases immediately they are accepted on the said vehicle. Claims for non – delivery must be made within 30 days of receipt of invoice.
(5) DESCRIPTION AND FITNESS FOR THE PURPOSE
(i) In accordance with our policy of continuous development, specifications, colour and design are subject to alteration at any time without prior notice. Sizes given are approximate, colours and patination cannot be guaranteed due to the method of application and batching.
(ii) No liability is accepted for any loss or damage, however caused, resulting from the use of the Vendor’s products, whether for injury or profit loss.
(6) JURISDICTION
The contract shall be subject to the law of England and to the jurisdiction of the English Courts.
(7) PROPERTY
The ownership and title of the goods, the subject of the order, shall remain with the Vendor until the Purchaser has made payment in full. Any risk associated with the goods passes to the buyer at the point when delivery (including collection) is made. The Vendor may recover the goods at any time from the buyer or the buyer’s administrators.
(8) © COPYRIGHT Designs are original copyright works and are protected worldwide.
All literature, drawings, photographs, descriptions and other information are the sole property of Branson Leisure Limited, together with the copyright and design rights therein.