TERMS & CONDITIONS OF SALE

DEFINITIONS

The COMPANY is Aviva Designs Ltd

The CUSTOMER is any person, company or firm on whose behalf a deposit is paid to the company in acceptance of a written quotation issued by the Company for the supply of goods.

All orders, verbal or otherwise, are accepted by the Company only under these terms and conditions or as confirmed to the Customer when given an ORDER CONFIRMATION.

A CONTRACT is made between the Customer and the Company when an Order Confirmation is given to the Customer by the Company or upon acceptance of a deposit for the goods outlined in the quotation. The Company will not be party to any Agreement between the Customer and a recommended trade where payment is made direct.

TERMS OF PAYMENT

  1. Payment for goods shall be made as follows: 50% with the order placement; 50% on delivery; as per our Order Confirmation. The percentages are based on the gross order value, and are inclusive of VAT
  2. Supply only goods are subject to a 50% Deposit with the balance due on Delivery
  3. As otherwise agreed by the Company and confirmed in writing by them

DELIVERY

  1. Delivery dates are given on the basis of best information given by the Company’s own suppliers at the time of order.
  2. The Company shall not be liable for any consequential loss or damage whatsoever suffered by the Customer for any failure by the Company to deliver or delay goods arising from circumstances outside its control.

PLANS

  1. The dimensions stated on the plans provided show sizes of the elements, which will be supplied as part of the contract. All dimensions should be carefully checked against the actual dimensions of the area into which the elements are to be installed.
  2. The Company cannot be responsible for any changes made to the actual site dimensions after measurements for the issue of the final plans to the Customer and the Company’s purposes, manufacture of the elements of the kitchen furniture, have been taken.
  3. Drawings and notes showing the positioning of services (water, gas, electricity) are given in good faith to assist in the preparation of the site by the Customers own contactors or the Company’s Sub Contractors. All elevation and perspective drawings are artistic impressions only and are not accurately representative in style or scale of the product being supplied. Written dimensions only will be referred to.

DAMAGE OR DEFECTIVE GOODS ETC

  1. Despite every effort and care to ensure the goods are supplied in good condition, it is inevitable that on occasions, items may be damaged in transit or received in an otherwise faulty condition or supplied incorrectly by the Company’s own suppliers.
  2. The Company warrants that any such items will be replaced as soon as possible but subject to the same condition as DELIVERY FORECASTS (see above) following inspections and agreement that the claim is reasonable. Such items will be replaced and fitted by the Company free of charge to the Customer.

SITE READINESS OR UNSUITABILITY

  1. The Company accepts no liability whatsoever for the continuing quality or protection of goods delivered to the Customers site if the site is unsuitable for the storage or installation of the goods.
  2. In the event that the site is unready or unsuitable to receive the goods at the time the delivery forecasted, and delivery is subsequently delayed at the request of the customer, the Company reserves the right to pass on the transport and storage charges to the Customer at the rate charged to the Company by the transport and storage companies after a period of two weeks from the forecasted date.

NATURAL or RECONSTITUTED MATERIALS

  1. These materials by their nature differ in colour and grain configuration and the Customer accepts that the Company cannot reproduce goods exactly as samples seen in the showroom.
  2. Samples can only represent the type of material used. Furthermore the Customer accepts that where furniture is exposed to natural light or other environmental effects, some colour change could take place, this is a natural phenomenon.

RETENTION OF TITLE

  1. The property in all goods supplied and delivered by the Company shall at all times be vested in the Company until payment due under ALL contracts between the Company and the Customer has been made in full.
  2. Notwithstanding the provisions of sub-clause (a) above, the risk of damage to or loss of such goods shall pass to the customer immediately upon delivery and the Customer shall be liable to pay the full contract price whether or not such goods are damaged or lost before the property therein passes to the Customer.
  3. If such goods are destroyed by an uninsured risk prior to them being paid for by the Customer, the Customer shall hold the proceeds of any such insurance as Trustee for the Company.

VALUE ADDED TAX

  1. If the Company fails to levy the VAT where it should have been levied or levies VAT at an incorrect rate the Company reserve the right to subsequently charge or refund the Customer to rectify any such error
  2. Customers requesting a zero or reduced rating of VAT are responsible for supplying the relevant paperwork to justify the request.

WORKTOPS

  1. All natural materials supplied are subject to their natural markings, veining, pits, and variation in colour, cracks and vents.
  2. Samples supplied are indicative of the type, but exact matching cannot be guaranteed.
  3. Materials are supplied cramped, stopped or reinforced where necessary and no claim on this can be made.

GENERAL

  1. While every care is taken by the Company during fitting it is the Customer’s responsibility to notify the fitter of any pipes or cables which might be damaged during the fitting, i.e. alarm cables etc
  2. These conditions shall govern and form part of every contract for the sale of goods and/or services
  3. If any provision of these conditions is declared invalid or unenforceable by a court or competent jurisdiction this shall not affect in any way the remaining provision hereof.
  4. Changes and alterations to the sales contract need to be done in written form. Collateral agreements, promises or declarations are only binding if we confirm them explicitly.
 

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