Office Furniture Aberdeen - Office Chairs - Office Seating

Office Furniture Aberdeen
Allermuir Seating/Tables

 

Terms and Conditions of Sale

 

Johnston Reid

 

GENERAL

For the purposes of this document Johnston Reid is the trading name for Astute (Scotland) Ltd in Aberdeen and will be referred to as Johnston Reid.  

Unless otherwise stated, all Orders present & future are accepted on these terms, which override and exclude any other terms stipulated or incorporated or referred to by the Buyer/Seller, whether in the order or in any negotiations, and any course of dealing established between JOHNSTON REID and the Buyer.

The Buyer acknowledges that there are no representations outside these terms, which have induced the Buyer to enter into the contract, and these terms shall constitute the entire understanding between the parties for the sale of the Goods or Services supplied. No modification of these terms shall be effective unless made by an express written agreement between the parties.

If any of these conditions is held by any competent authority to be unlawful, invalid or unenforceable in whole or in part then the validity of the other provisions of these conditions and the remainder of the provision in question shall not be affected thereby and shall continue to be valid and enforceable to the fullest extent permitted by law.

These terms & conditions do not affect your statutory rights as provided under the law of England & Wales, and all parties agreed to be bound by such laws.

THE GOODS

All prices, descriptions, illustrations stated in any Company’s catalogue, sales literature, price lists or other documentation (issued by the Company from time to time in whatever form and on whatever media) may be altered by the Company at any time without giving notice the customer.

Special Goods or Services are in essence items, which are not supplied as standard, un-returnable, may require a unique process to manufacture & supply or not advertised in the Johnston Reid catalogues.

PRICE

The price (unless specifically negotiated) shall be as stated in the JOHNSTON REID standard list pricing or any other media at the time the order is given. All prices are quoted inclusive of carriage if delivered in Aberdeen. Deliveries by freight to the Buyers address within mainland Britain are subject to carrier costs unless otherwise specified. Deliveries outside the United Kingdom will be on carriage or freight basis, unless otherwise specifically agreed.

CANCELLATION

The Buyer may not cancel any Order without the express consent of JOHNSTON REID in writing, unless the Buyer has been notified of a delay in delivery due to force majeure.

Where the cancellation relates to print orders, stock

holdings and or special Goods (whether completed or

not), the Buyer agrees to pay all costs, expenses,

arrears, charges or other payments arising in respect

of the Goods or Services ordered

DELIVERY

All delivery dates are estimates only; JOHNSTON REID shall use its reasonable endeavours to meet delivery dates.  JOHNSTON REID will not be held responsible when prevented from or hindered in delivering the Goods or Services by reason of force majeure. JOHNSTON REID will where reasonably possible inform the Buyer of any delayed deliveries caused by force majeure circumstances.

Same day delivery may be made subject to force majeure, the item being in stock, unsold and any applicable carriage charges applied.

If delivery of any Goods or Services has not been made

within a reasonable period post force majeure, the

Buyer shall be entitled to cancel its order. JOHNSTON REID

shall in no circumstances be liable to compensate the

Buyer in damages or otherwise for late delivery or non delivery of the Goods or Services for whatever reason or for any loss. Where the Goods or Services have been pre-paid, JOHNSTON REID will provide a full refund of the Goods or Services not delivered or provided.

Delivery shall be deemed to have taken place when the Goods have been delivered to the Buyers requested delivery address.

PAYMENT

Payment for Goods or Services shall be made strictly 30 Days from the date of invoice unless otherwise stated.

Non-Account Customers: payment terms are payment with order.

If the Buyer is overdue with any payment JOHNSTON REID may cancel or suspend delivery of any other order. JOHNSTON REID may demand forthwith by notice to the Buyer the whole of the price of all Goods or Services purchased or agreed to be purchased by the Buyer and may cancel all outstanding Orders for the Goods on the happening of the following events:

Commencement of the winding up of the Buyer.

Commission by the buyer of an act of Bankruptcy.

Appointment of a receiver of any asset of the Buyer, or of an administrative received of the Buyer, or the levying of any distress or execution on any asset of the Buyer.

The Buyer ceasing or threatening to cease to carry on business

The Buyer enters into a voluntary arrangement, seeks composition with its creditors or call a creditors meeting.

Time for payment for the Goods or Services shall be of the essence

Interest on any outstanding sums will be charged at a rate of 2% per month. In addition, if the Buyer is in default with payments JOHNSTON REID shall be entitled to suspend work or withhold all further deliveries until full settlement is received.

PAYMENT OF ACCOUNT

All Payments and Remittance Advice should be sent to:

 

JOHNSTON REID

224 Hardgate

ABERDEEN

AB10 6AA

Tel: 01224 212255

Fax: 01224 211146

 

All Cheques must be made payable to:

Astute (Scotland) ltd

 

PASSING OF RISK AND PROPERTY

Risk of loss or damage to the Goods shall pass to the Buyer at the time of delivery. JOHNSTON REID shall not be liable for any loss of any kind to the Buyer arising from any damage to the Goods occurring after the risk has passed to the Buyer. Nor shall any liability of the Buyer to JOHNSTON REID be diminished or extinguished by reason of such loss.

Title to the property in any Goods shall not pass to the Buyer until all sums due or owing to JOHNSTON REID by the Buyer of such Goods have been paid. Until payment the following provision of this Clause shall apply. The whole of the price shall not be treated as paid until any cheque, bill of exchange or other instrument of payment given by the Buyer has been met on presentation or otherwise honoured in accordance with its terms.  JOHNSTON REID may sue for the whole of the price at any time after it has become payable.

The Buyer shall not: Pledge the Goods or documents of title thereto, or allow any lien to arise thereon.

Process the Goods.

Deal with or dispose of the Goods or documents of title thereto or any interest therein, except for a sale in the normal course of business to a customer not in the same group of companies as the buyer.

The Buyer grants full license to JOHNSTON REID, its servants or agents with or without vehicles to enter on to land or promises of the Buyer to remove all goods and materials of JOHNSTON REID.

INSPECTION OF GOODS

The Buyer shall inspect the Goods or Services provided, immediately on receipt thereof and shall within 3 working days give notice to JOHNSTON REID in details of any ground on which the Buyer alleges that the Goods or Services are not in accordance with the contract or are detective. If the Buyer fails to give such notice the goods shall be conclusively presumed to be in all respects in accordance with the contract and free from any defect which would be apparent on reasonable examination of the goods and the Buyer shall be deemed to have accepted the Goods or Services accordingly. In the event that the Buyer establishes to JOHNSTON REID reasonable satisfaction that the Goods or Services are not in accordance with the contract or are so defective the Buyer’s have the right to the replacement of the Goods/Services or refund of the purchase price against the return of the Goods.

In the event of Goods or Services being incorrectly ordered by the Buyer, JOHNSTON REID reserve the right to apply a Handling Charge. In all cases where reasonably possible a JOHNSTON REID Delivery Note number must be quoted.

Goods being returned regardless of the circumstances must where possible be in the Manufacturers unmarked original packing.

DEFECTS AFTER DELIVERY

Provided that the Goods have been stored in suitable conditions and used in accordance with the Manufacturer’s recommendations and for normal and proper purposes, JOHNSTON REID will refund to the Buyer the price of the goods or replace the Goods if the defects which under proper use appear in the goods, within the it’s reasonable lifetime (as set out by the DTI) and arise solely from faulty manufacture or materials. Provided always that defective Goods are promptly returned by the Buyer to JOHNSTON REID works and become the property of JOHNSTON REID if replaced.

These terms set out JOHNSTON REID entire liability in respect of the Goods or Services. JOHNSTON REID liability under these terms shall be in lieu and to the exclusion of all other warranties, conditions, terms and liability expressed or implied statutory or otherwise in respect of the quality or the fitness for any particular purpose of the Goods or otherwise howsoever except any implied by the law which by law cannot be excluded. Save as provided in these terms JOHNSTON REID shall not be under any liability, whether in contract, tort or otherwise in respect of defects in the goods or failure to correspond to specification or sample or for any injury, damage or loss resulting from such defects, or failure or from any work done in connection therewith. Not withstanding the foregoing JOHNSTON REID liability (if any) whether in contract, tort or otherwise in respect of any defect in the goods, or for any breach of the contract or any order or of any duty owed to the Buyer in connection herewith, shall be further limited in the aggregate to the price of the Goods in question.

INDEMNITY

The Buyer shall indemnify JOHNSTON REID in respect of all damage injury or loss occurring to any person or property and against all actions, suits, claims, demands, charges, or expenses in connection therewith arising from the condition or use of the goods in the event (and to the extent) that the damage, injury or loss shall have been occasioned partly or wholly by the carelessness of the Buyer or his servants invites or agents or by any breach by the Buyer of its obligations to JOHNSTON REID hereunder.

FORCE MAJEURE

It shall not constitute a material breach, and neither party shall lose any rights or be liable to the other party for damages or losses. On account of failure of performance, if the failure is the result of a natural disaster, national emergency, the act or omission of a third party, or similar event outside of a party’s control.

 

Johnston Reid

224 Hardgate

ABERDEEN

AB10 6AA

Office Furniture Aberdeen

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