Burnham Office Interiors Ltd. - Standard terms and conditions...

1. General
(a) We put forward all quotations and accept all orders subject only to the terms and conditions of sale which follow and to the exclusion of all other guarantees, conditions and warranties (including any as to quality or fitness for any particular purpose) whether express or implied by statute or common law or otherwise. In the event of the Purchaser's order containing conditions such conditions are only binding in so far as they are not inconsistent with our terms and conditions. (b) No addition to or variation from such terms and conditions shall have effect unless such addition or variation is expressly accepted by us in writing under the hand of a Director.
(c) Our catalogues, price lists and other advertising matter shall not form part of any contract between us.
(d) We (and our suppliers) reserve the right to modify designs and specifications without prior notification.

2. Quotations
Orders placed upon a quotation which has not been previously withdrawn are subject to confirmation by us that we accept the same.

3. Prices
We shall endeavour to maintain prices quoted but we must reserve the right to increase quoted prices according to any increases in cost of labour and materials which take effect between acceptance and delivery of the order or that part of the order remaining undelivered at the time of such increase.

4. Terms of Payment
Payment shall be made to us at the time and in the manner stated in our quotation or if no such time and manner are stated then within 14 days of the date of our-invoice in all cases the prices we quote are strictly nett. In the event of non-payment within these terms, we reserve the right to charge interest on all outstanding balances at the rate of 3% per calendar month or part thereof.

5. Delivery
(a) We shall use our best endeavours to deliver promptly but we shall be under no liability whatsoever for delay in estimated delivery times or failure to deliver from any cause nor for any loss or damage arising therefrom.
(b) Unless otherwise stated within our quotations and/or acknowledgements or in writing under the hand of a director, the quoted price will include delivery, installation and removal of all packaging from site. In no event will Burnham Office Interiors Limited be liable for any action of the Purchaser's employees in so assisting and the Purchaser will indemnify Burnham Office Interiors Limited against all claims, proceedings, demands and costs arising therefrom.
(c) Herman Miller FasTrak lead in times are offered by Herman Miller. Any compensation offered as a result of their lead in times not being met is offered by Herman Miller. As an agent for Herman Miller Burnham Office Interiors will administrate any claims that are made by our clients only.

6. Passing of Title and Risk
(a) The title and property in goods supplied by us does not pass until payment in full has been received therefor by us, and risk in respect of such goods passes to the deliveree from the moment of delivery.
(b) Until title in the goods passes, the Purchaser shall hold the goods as bailee for Burnham Office Interiors Limited.
(c) If payment of account is overdue (time being of the essence) or the Purchaser becomes insolvent, commences winding up procedures, commits an act of bankruptcy or has a Receiver or Administrator appointed, Burnham Office Interiors Limited may immediately reclaim the goods, if necessary by entering any premises owned or occupied by the Purchaser.
(d) If the Purchaser sells the goods before title to the goods passes to him the sale shall be made by the Purchaser as fiduciary agent on behalf of Burnham Office Interiors Limited. The monies received from such sale must be kept separate from other monies and be clearly denoted as monies held in trust on behalf of Burnham Office Interiors Limited. Regardless of such agency the Purchaser has no right to bind Burnham Office Interiors Limited and shall, as between the Purchaser and his customers, act as principal.
(e) Pending payment of the full purchase price of the goods the Purchaser shall at all times keep the goods comprehensively insured against loss or damage by accident, fire, theft and other risks usually covered by insurance in the type of business carried out by the purchaser.

7. Cancellation
Orders cannot be cancelled except with our consent and on terms which will indemnify Burnham Office Interiors Limited against all loss.

8. Governing Law
All quotations shall be put forward and made in England and shall in all respects be construed and operate under English Law.

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