Terms and Conditions

1. ACCEPTANCE OF ORDERS
1.2 You make an offer to buy by signing the Quotation or by placing an Order, which We accept when We
receive the first installment of the price for the Goods.
1.3 We are not bound to accept Your Order. If We accept Your Order, You are responsible for its accuracy
and for the specification contained in it.
1.4 The quantity, quality, description and any specification of the Goods shall be as set out in the Quotation
or the Order. If there is any inconsistency between a Quotation and an Order, the Order will apply.
2. RELIANCE ON CONDITIONS / REPRESENTATIONS
2.1 The Contract shall be on these Conditions only, unless any change is agreed in Writing and signed by You
and one of Our Directors. This does not prevent Us from correcting typographical or other errors or
omissions in documents or information issued by Us.
2.2 You should not rely on promises or claims made by anyone other than Us or Our authorised
representatives.
2.3 Please read any literature We provide and follow any advice or recommendations.
3. SPECIFICATION
3.1 Except where it is provided by You, all intellectual property rights in the specification, are owned by Us.
3.2 In order to continually improve our services, we may make small changes to specifications from time to
time.
4. PRICE AND PAYMENT
4.1 Except as explained in Clauses 4.2 to 4.4 the price for the Goods is as set out in the Quotation plus VAT.
The price is valid for 30 days from the date of the Quotation.
4.2 You may be charged an ‘urgent order delivery charge’ if You request delivery earlier than any agreed
delivery date. The urgent order delivery charge will be confirmed to You as soon as reasonably possible
after You request the early delivery date.
4.3 If the cost to Us of producing or delivering the Goods increases by reason of any of the following, then
We will notify You before undertaking the work:
4.4 any changes in quantities or specifications requested by You;
4.4.1 any increases in the cost materials
4.4.2 any other factor outside Our control.
4.5 You will pay the price for the Goods in 3 installments. The first installment of 35% is payable upon
signing the “sales order” or placing the Order, the second installment of 35% is payable upon ‘signing
off’ the final “survey order” and the third installment of 30% is payable 10 working days before delivery of
the Goods. Payment is made only when We have received cleared funds into Our bank account. Any
delay in payment could result in the delivery and/or installation date being rescheduled.
4.6 If You have entered into a credit agreement with a Finance Company, excluding any deposit You have
paid Us You will pay for the Goods under the terms of that credit agreement. If Your actions mean that
the Finance Company refuses to release the funds to Us before delivery of the Goods, You agree that
You will pay the balance of the contractual price upon receipt of Our invoice.
4.7 If You fail to collect or take delivery of the Goods on the agreed delivery date, the third installment will
still be due for payment.
4.8 If You fail to make payment on the due date, We shall be entitled to a) cancel the Contract and/or b)
charge You interest on the amount unpaid at the rate of 3% interest above Royal Bank of Scotland
Bank’s base rate, and/or c) make a claim against You for the unpaid amount.
4.9 We may reclaim from You any reasonable costs incurred in collecting outstanding sums, including
lawyers’ fees and bank charges for returned cheques.
5. SURVEY
5.1 A survey will be carried out to confirm the design layout and measurements and highlight obvious
structural, technical, or costing issues with the agreed design prior to manufacture. The survey is only
a basic visual inspection. The Customer is therefore responsible for any additional costs incurred
during the installation process, as a result of encountering any problems not visible during the survey
e.g. pipe work hidden behind the Customer’s existing furniture.
5.2 The surveyor is not qualified to comment on the suitability of existing electrical wiring, gas, plumbing
and drainage intended by the Customer for use in the proposed installation. The Customer must
ensure these have been verified by suitability qualified tradesmen before installation commences
otherwise unforeseen costs may be chargeable during installation.
5.3 Customers should not undertake work or expense based on this Agreement until such time as the
Company has confirmed the results of the survey and set an agreed delivery date.
5.4 If the survey does highlight any obvious structural, technical, or costing issues with the agreed design,
these shall be communicated by the Company, either verbally or in Writing, to the Customer within
10 working days of the survey taking place. The Customer and the Company may then agree any
changes to the design and/ or costs or follow the cancellation procedure referred to in Section 8b of
this Agreement.
5.5 A delivery date will be confirmed following the results for the survey and any changes agreed by both
parties.
5.6 Any further changes made by the customer after survey sign off will be chargeable to the customer.
6. DELIVERY
6.1 Delivery takes place at Your Premises (or such other location recorded in the Quotation or Order) unless
You collect the Goods from Us. You become responsible for the Goods upon delivery.
6.2 We will try to deliver the Goods on any agreed delivery date or within a reasonable time.
6.3 We will not be liable to You for any unforeseeable loss, damage or expense You suffer which arises
directly or indirectly from any delay in delivery of the Goods which arises from circumstances outside of
Our control.
6.4 A delivery/collection note signed by You is proof of delivery/collection of the Goods.
6.5 If You fail to take delivery of the Goods or We cannot deliver them because You fail to give adequate
instructions, permission and/or access, Our responsibility (except for damage caused by Our
negligence) will end on the agreed delivery date and You will pay Our reasonable costs (including
insurance) of storage until actual delivery.
6.6 If You do not take delivery within 21 days from the agreed delivery date, We may sell the Goods at the
best possible price.
6.7 We will only be liable for non-delivery of Goods if You give Us Written notice within 7 days of the agreed
delivery date. Our liability is limited to replacing the Goods within a reasonable time or issuing a credit
note against invoices raised for them.
7. QUALITY
8.1 The quality and finish of the Goods will be reasonably compliant with generally recognised standards in
the trade as decided by an independent expert.
8.2 If a colour or finish specified in the Contract is by reference to a sample or description, it is possible that
the Goods may not be a perfect match. If You notify Us of this within 7 days of delivery of the Goods, We
will replace or refund any part of the Goods which are not a commercial match as decided by an
independent expert.
8.3 Except as excluded in these Conditions, We will make good free of charge any defects in goods
manufactured by us which under proper use, appear in the Goods or component parts, within 10 years
of installation which are due to faulty materials, workmanship or design. Any third party goods or
components such as granite, appliances, moving components or equipment will be subject to that
manufacturers guarantee.
8. TITLE AND RISK
9.1 Until You have paid for the Goods in full You agree to a) store the Goods separately to other property so
they are readily identifiable as Our property b) not destroy or obscure any identifying mark or packaging
on the Goods and c) maintain the Goods in a satisfactory condition and insure them accordingly. In the
event of loss or damage to the Goods, You shall hold the proceeds of such insurance on Our behalf.
9.2 You may attach the Goods to Your property, provided that they can be removed without causing
damage (other than superficial damage) to Your property.
9.3 If You do not pay for the Goods by the due date You agree that We may, upon giving reasonable notice,
enter the Premises in order to inspect the Goods or if You are no longer entitled to possess the Goods, to
recover them from Your Premises.
9. OUR LIABILITY
10.1 You agree to examine the Goods after delivery and notify Us in Writing of any apparent damage, defect
or shortage as soon as reasonably possible. If We do not receive such Written notification We will be
deemed to have properly performed Our obligations under the Contract.
10.2 We will not be liable for any loss, damage, costs, expenses or liability You incur arising out of any
infringement of any intellectual property right of any other person or any claim of illegality resulting
from Our use of any specification, materials, or information supplied by You.
10.3 We will not be liable to You for any defects in the Goods brought about by Your failure to properly store
the Goods in accordance with Clause 6.2.
10.4 We will not be responsible for loss of or damage to the Goods arising from fair wear and tear, wilful
damage caused by You or any third party, accident or negligence by You or any third party, use of the
Goods other than as recommended by Us, failure to follow Our instructions, or alteration or repair
carried out without Our approval.
10.5 Subject to Clauses 9.3, 9.4 and 9.6 Our liability for defective Goods will be limited at Your option to a)
replacing the Goods b) rectifying such defects at Our own expense (provided that You give Us full
facilities at all reasonable times to remedy such defects) or c) granting You a full or partial refund or
credit note for the appropriate part of the price of the Goods.
10.6 Nothing in these Conditions excludes or limits Our liability for death or personal injury caused by Our
negligence, for fraud or fraudulent misrepresentation, under section 2(3) of the Consumer Protection
Act 1987 or for any other liability that cannot be restricted by law.
10. YOUR CANCELLATION RIGHTS
11.1 You may cancel the Contract by giving Written notice a) if We do not fulfill Our obligations under the
Contract, b) within 7 days of You being informed of an increase in the price of the Goods under Clauses
4.3 or 4.4, or c) if Your application for a credit agreement with a Finance Company is unsuccessful or
during any cooling-off period under a credit agreement.
11.2 You may also cancel the Contract by giving written notice in accordance with the provisions of the
notice of your right to cancel the Contract at any time within the period of 7 days starting with the date
of receipt of such notice.
11.3 The charge for our design service is £150 per hour, you will be charged for the hours spent on your
project designs when you cancel.
11. OUR CANCELLATION RIGHTS
12.1 If You commit a serious breach of the Contract which is not remedied within 21 days of receiving notice
from Us, We may cancel the Contract immediately on Written notice.
12.2 If You fail to make payment on the due date We may cancel the Contract or suspend further deliveries
to You, on giving You 14 days Written notice.
12.3 We may cancel the Contract in relation to future deliveries if a) You are or propose to become the
subject of a bankruptcy petition or order, or You make or propose to make an arrangement or
composition with Your creditors, b) acting reasonably We have serious doubts as to Your solvency or c)
upon Your death or mental incapacity.
12.4 If We cancel the Contract under Clauses 11.1, 11.2 , a) You will immediately pay any outstanding sums
owed to Us, along with any reasonable expenses incurred by Us in performing all or part of the Contract
b) We may cancel any other contract made by Us with You and c) We have the right, on giving
reasonable Written notice, to enter the Premises and remove any Goods and materials which belong to
Us.
12.5 If Your application to enter into a credit agreement is refused, We may cancel the Contract by giving You
Written notice and will return any installments You have already paid to Us.
12.6 Our rights under these Conditions do not prevent Us from exercising any other rights to recover
amounts due to Us for Goods delivered to date and any loss, damage, costs, expenses or liability that We
have sustained.
12. GENERAL
13.1 We are not liable to You for any delay or failure to perform Our obligations under the Contract if it is due
to an event beyond Our reasonable control.
13.2 If a court finds any part of these Conditions void or unenforceable, that clause or part will be deleted
and the remaining provisions will continue to apply in full.
13.3 If We do not fully exercise one or more of Our rights under these Conditions, this does not prevent Us
from exercising any other rights in future.
13.4 The Contract is personal to You and cannot be transferred without prior Written consent from Our
Directors, which will not be refused without good reason.
13.5 Unless We notify You otherwise, any notice to be given under the Contract should be in Writing
addressed to Us at the address in the Glossary. We will send any notices to You to the address shown in
the documents forming the Contract.
13.6 No party except You or Us may exercise any rights in respect of this Contract under the Contracts
(Rights of Third Parties) Act 1999 (as may be amended or extended)
13.7 These Conditions and the Contract are governed by English law and both You and Us submit to the
exclusive jurisdiction of the Courts of England and Wales.
13. STATUTORY RIGHTS
14.1 Nothing in these terms and conditions is to be taken to affect the Customer’s statutory rights in
relation to this Agreement.
14. GLOSSARY
15.1 Words in the singular include the plural and vice versa.
15.2 Clause headings do not affect the interpretation of these Conditions.
15.3 General words such as “include” or “including” shall not be given a restrictive meaning.
15.3.1 “We/Us/Our” means Sheraton Interiors (Company No: 10337812) whose registered office is
at 103 High Street, Whitton, Twickenham, England, TW2 7LD.
15.3.2 “the Contract” means the contract for the provision of Goods made between You and Us,
which includes these Conditions, the Quotation and any special terms and conditions agreed
between You and Us;
15.3.3 “You/Your” means the person(s) who purchase the Goods from Us;
15.3.4 “Finance Company” means any company with which You enter into a credit agreement in order
to pay for the Goods;
15.3.5 “the Goods” means any goods agreed in the Contract to be supplied by Us to You;
15.3.6 “Order” means any order for the Goods submitted by the You to Us;
15.3.7 “Quotation” means Our standard form written quotation for the Goods;
15.3.8 “the Premises” means the premises in which the Goods are to be installed;
15.3.9 “VAT” means value added tax and any other taxes in force; and
15.3.10 “Writing” includes facsimile transmission and emails.