Terms and Conditions
The Traders Working Chairs (hereafter referred to as Working Chairs)
does business with it's buyers under the terms and conditions set forth herein.
Working Chairs hereby rejects any terms and conditions contained in any buyer
purchase order or other business forms or in correspondence or elsewhere implied
by trade, custom, practice or course of dealing unless specifically included
or varied in writing by a Partner or other authorised representative of Working
Chairs which are different from or in addition to the terms stated herein.
"Buyer" means the person or company whose order for the goods is accepted by
Working Chairs "Goods" means the goods (including any instalment of the goods
or any parts for them) which Working Chairs is to supply in accordance with these
conditions. Any reference in these terms and conditions to singular includes plural.
We reserve the right to change these terms and conditions at any time.
Any such changes will take effect when posted on the website and it is your
responsibility to read the terms and conditions on each occasion you use this
website and your continued use of the website shall signify your acceptance to
be bound by the latest terms and conditions.
1 ACCEPTANCE OF ORDERS
a) All orders for home
office furniture or office furniture
of any type are subject to the approval of Working Chairs.
b) In making a purchase from Working Chairs, the buyer is deemed to have read and fully
accept the Terms & Conditions set herein.
c) Upon an order for goods being made, Working Chairs will process the order.
At such time, Working Chairs may incur fees which are non refundable from their
suppliers, therefore it is important that the Buyer understands and accepts that
they are not obliged to cancel the order. Any order that is subsequently cancelled
by the Buyer or, an attempt from the Buyer to recover or cancel their payment, will
result in the Buyer being responsible for the repayment to Working Chairs for any
costs incurred by Working Chairs in the processing of that order.
2 GENERAL TERMS OF PAYMENT & FINANCIAL REQUIREMENT
a) Terms are net 21
days from the date of the invoice for Buyers to whom Working Chairs extends
credit, except where otherwise agreed in writing by Working Chairs. Working
Chairs reserve the rights from time to time at its discretion to allow a settlement
discount for early payment only when expressly stated. Time of payment shall be
the essence of all contracts between Working Chairs and Buyer to which these
Terms and Conditions apply.
b) A LATE CHARGE OF THREE (3%) PERCENT OVER BASE RATE WILL BE IMPOSED ON ANY
PORTION OF AN ACCOUNT NOT PAID WITHIN THE TERMS STATED ON THE INVOICE at the
discretion of Working Chairs. However, if this rate exceeds the maximum rate
permitted under applicable laws or regulations, the rate shall be reduced to
the maximum allowable rate.
c) Working Chairs may offer special payment and/or shipment terms. In such
event these special terms shall supersede the general terms payment and/or
shipment, provided that such special terms are fully stated in a Working Chairs
invoice, signed by an authorised representative of Working Chairs and such
invoice is accepted by Working Chairs.
d) If a Buyer shall commit any material breech of it's obligations hereunder or
shall commit an act of bankruptcy or (being a corporation) shall go into
liquidation other than for the purpose of reconstruction or amalgamation or
shall suffer the appointment of a receiver or any of his or its property or
make a deed of arrangement with or composition for the benefit of any of his or
its creditors, or if in the opinion of Working Chairs, Buyers credit becomes
impaired, Working Chairs shall have the following rights and remedies in
addition to any other rights and remedies provided by application of law.
i. All sums shall become immediately due and payable, notwithstanding any
credit terms previously in effect.
ii. Working Chairs may refuse any order placed by the Buyer.
iii. Working Chairs may cancel any accepted orders or delay shipping of any
order. iv. If credit previously has been extended by Working Chairs to Buyer
and Working Chairs elects to make further sales to Buyer, Working Chairs may
require payments on a C.O.D. or cash in advance basis v. In the event
collection of sums due from Buyer to Working Chairs is referred to lawyers or
debt recovery agents for which Working Chairs is insured or if proceedings are
brought to collect such sums or to enforce the rights of Working Chairs, Buyer
agrees to pay all costs and reasonable fees incurred in any proceedings or
appeal and in executing any judgement.
vi. Buyer agrees that it has read the disclaimer of Implied Warranties and
Limitations on Damages contained in the Terms & Conditions of Sale,
that they have been explicitly negotiated and that they have become part
of the basis of its bargain with Working Chairs.
e) Working Chairs have the right to change its financial requirements at any
time.
3 RETURNS & REPLACEMENTS
a) Notification of
claims for adjustment on short or otherwise unsatisfactory goods due to fault
of Working Chairs or their supplier must be made to Working Chairs within three
working days (Monday to Friday) of delivery date otherwise goods will be deemed
to have been accepted by buyer. In such situations, Working Chairs shall have
the right to pass the matter to their supplier whom may examine the applicable
goods and delivery records at the Buyers location.
b) Defective goods will be accepted for replacement or credit only with prior
authorisation from Working Chairs. Goods returned are not to exceed quantity
authorised. Credit will be issued only after goods are inspected and approved
and will be based on Buyer's cost for the goods in question, less any costs
such as handling, transport and repackaging as deemed by Working Chairs.
c) PROOF OF DELIVERY REQUESTS MUST BE MADE IN WRITING within 90 days of order.
Suppliers to Working Chairs will not supply signature proof of delivery details
after this time, and are not accountable for any losses or damages reported
outside of our specified time requirements.
d) Any goods being returned to Working Chairs or their suppliers will be at the
buyers expense unless Working Chairs accept such costs beforehand by a Working
Chairs representative. All returns must be in their original packaging,
suitably protected from damage and securely sealed. The condition of any
returns will be considered when calculating due refunds or re-orders. A charge
will be made for returned goods of £9.50 per carton plus a re-stocking fee
of £10 per carton.
4 DISCLAIMER OF IMPLIED WARRANTIES & LIMITATIONS ON DAMAGE
a) Working Chairs
aggregate liability, if any, to buyer whether for negligence, breach of
contract, misrepresentation or otherwise shall not in any circumstances exceed
those costs of the defective goods which gave rise to such liability in the
respect of any occurrence or series of occurrences.
b) Subject to this condition 4:
i. All conditions and representations expressed or implied by statute, common
law or otherwise in relation to the goods are hereby excluded save for
liability for death or personal injury caused by negligence.
ii. Working Chairs shall have no liability for any indirect or consequential
losses or expenses suffered by the Buyer, howsoever caused, and excluding
without limitation loss of anticipated profits, good will, reputation, business
receipts or contracts or losses or expenses resulting from third party claims.
5 PRICES
Prices stated are complete and do not incur any other charges except where buyer
requires additional services such as fitting or installation or any other agreed
service quoted for by a Partner of Working Chairs to a previously agreed cost which
will be added to invoice wherever applicable. While we try and ensure that all
prices on our website are accurate, errors may occur. If we discover an error in
the price of goods you have ordered we will inform you as soon as possible and give
you the option of reconfirming your order at the correct price or cancelling it.
If we are unable to contact you we will treat the order as cancelled.
If you cancel and you have already paid for the goods, you will receive a full refund.
6 PRICE CHANGES
a) Working Chairs shall have the right to reduce or increase prices to Buyer at
any time without prior notice, except with respect to orders, which have been
accepted prior to such price modification.
b) If the buyer has requested or been granted a price discount to the regular
shown website price or, if the buyer selects to purchase goods from the Special
Offers area of the website, the products concerned will only carry a one year guarantee
unless otherwise stated in writing.
7 CHANGES IN PRODUCTS AND POLICIES
a) Working Chairs may at any time, add, change or cease making available any
goods without prior notice to Buyer, and Buyer shall have no claim against Working
Chairs for failure to furnish goods of the type previously sold.
b) Working Chairs may at any time change warranty without incurring any liability to Buyer.
8 GENERAL TERMS OF TRANSPORT
a) Working Chairs may make partial transport of Buyer's orders on account, which
transports may be separately invoiced and shall be paid for when due, without regard
to subsequent transports. Delay in transport or delivery of any particular instalment
or delivery of faulty goods in any one instalment shall not entitle the Buyer to
repudiate the whole contract nor relieve buyer of his obligation to accept and pay
for the remaining instalments.
b) Risk or loss or damage in transit will be borne by the party paying freight charges.
Any goods received damaged in transit must be signed for as damaged.
c) Working Chairs shall endeavour to make deliveries within a reasonable time. HOWEVER,
Working Chairs SHALL NOT BE LIABLE TO BUYER FOR ANY DAMAGES, WHETHER INCIDENTAL,
CONSEQUENTIAL OR OTHERWISE FOR FAILURE TO FILL ORDERS, DELAYS IN DELIVERY OR ANY
ERROR IN THE FILLING OF ORDERS.
d) Time of delivery shall not be of the essence in any contract to which these Terms
and Conditions apply and shall not be made so by the service of any notice.
e) The risk shall pass on delivery to the Buyer
f) This website is only for delivery of products to customers on the mainland UK.
Unfortunately, unless agreed by prior arrangement in writing from ourselves,
International deliveries, or those to the Channel Islands, Isle of Man, Orkney,
Shetland and Scottish Islands, NI or the Republic of Ireland will not be accepted.
Such acceptance will incur postal charges in addition to our normal advertised price.
We also reserve the right to request additional fees for delivery to some remote mainland
post code areas at our discretion. All goods must be signed for by an adult aged 18 years
or over on delivery.
g) It is the buyers responsibility to ensure that goods purchased are not too large to
access your delivery address. We reserve the right to leave any goods at the entrance of
the premises if access cannot be gained. Any unsolicited returns due to this reason will
incur considerable costs.
h) Refused deliveries will be subject to an aborted delivery charge of £9.50 per carton
for each item refused plus a re-stocking fee of £10 per carton.
i) Deliveries will only be made to the ground floor level of any premises.
9 TITLE
Notwithstanding delivery and passing of risk, the goods shall remain the property of
Working Chairs until such time as Buyer shall have paid to Working Chairs the agreed
price in full (together with any accrued interest) and all other amounts owed by Buyer
to Working Chairs in respect of any other contract for the sale of goods and until such
payment Buyer shall hold the goods as Bailee on behalf of and in a fiduciary capacity for
Working Chairs and grants to Working Chairs an unrestricted right of access and entry upon
any premises in which the goods may from time to time be situated. If the Buyer disposes of
the goods before title passes to the Buyer, the Buyer shall be deemed to do so as agent for
Working Chairs and shall hold the proceeds of sale in trust for Working Chairs and the Buyer
hereby assigns to Working Chairs all the Buyers rights and claims against the Sub-purchaser.
10 FORCE MAJEURE
a) Working Chairs shall not be liable to Buyer for any loss or damage which may be suffered
by buyer as a direct or indirect result of the supply of goods by Working Chairs being
prevented, hindered, delayed, cancelled or rendered uneconomical by reasons of circumstance
or events beyond reasonable control ("force majeure circumstances") including, but not
limited to strikes, lockouts, labour disputes, acts of God, war, riot, civil commotion,
malicious damage, compliance with any law or Government order, rule, regulation or direction,
accident, breakdown of plant or machinery, fire, flood, storm, difficulty or increased
expense in obtaining workers, material or transport or other circumstances affecting the
supply of the goods or of raw materials by Working Chairs normal means or the delivery of
goods by route or means of delivery.
b) In force majeure circumstances Working Chairs may at its sole discretion terminate any
contract for the supply of goods pursuant to the Terms and Conditions or cancel any delivery
of goods to Buyer or may, with the agreement of the Buyer deliver goods at an agreed rate of
delivery commencing after any suspension of deliveries.
c) If due to force majeure circumstances Working Chairs has insufficient stocks to meet all
of its commitments, Working Chairs may apportion available stocks between its customers at
its sole discretion.
11 LIEN
Working Chairs shall be entitled to a general lien on all goods and property owned by the
Buyer in Working Chairs possession (although the Buyer may have paid the same in full) in
satisfaction of the whole or part as the case may be of the unpaid price of any goods sold
and delivered to Buyer under contract. Working Chairs shall be entitled to offset any sum or
sums owing by it to the Buyer against any sums owed by the buyer to Working Chairs.
12 SEVERABILITY
If any of these Terms and Conditions is held to be invalid, illegal or unenforceable
in any respect, whether in whole or part, such invalidity, illegality or unenforceability
shall not prejudice the effectiveness of the rest of the Terms and Conditions or the
remainder of any part of a Term and Condition affected.
13 WAIVER
No waiver by Working Chairs of any breach of contract by the Buyer shall be considered as
a waiver of any subsequent breach of the same or any other provision.
14 GOVERNING LAW
Any contract to which these terms and conditions apply shall be governed by, and construed
in accordance with, English Law and the Buyer submits to the jurisdiction of the English Courts.