‘Seller’ shall mean Stairworld its successors and assigns of any person acting on behalf of and with the authority of Stairworld.
‘Customer’ shall mean the person or entity described as such on the invoice, quote, work authorisation or any other forms to which these terms and conditions apply, and shall include any persons acting on behalf of and with the authority of such person or entity.
‘Goods’ shall mean Goods supplied by the seller to the customer.
‘Services’ shall mean all services supplied by the seller to the customer and includes and includes any advice or recommendations.
‘Price’ shall mean the cost of the goods as agreed between the seller and the customer.
- Any instructions received by the seller from the customer for the supply of goods and/or the customer’s acceptance of goods shall constitute acceptance of the Terms and Conditions contained herein .
- Upon acceptance of these terms and conditions by the customer, these terms and conditions are irrevocable and can only be amended with the written consent of the seller
Price and Payment
- The sellers quoted price shall be binding and the seller reserves the right to change the price in the event of a variation in respect to the goods required.
- Our payment terms are payment in full or deposit on approval. Full payment is require before the goods can be delivered
- Payment can be made by direct transfer to our bank account or cheque
- VAT and other taxes and duties that may be applicable shall be added to the price except when they are expressly included in the price
Delivery of Goods
At the seller’s sole discretion delivery of the goods shall take place when:
- the customer takes possession of the goods at the seller’s address; or
- the customer takes possession of the customer’s address or other address nominated by the customer (in the event that the goods are delivered by the seller or the seller’s nominated carrier); or
- the customer’s nominated carrier takes possession of the goods in which event the carrier shall be deemed to be the customer’s agent.
At the seller’s sole discretion the costs of delivery are:
- included in the price; or
- in addition to the price; or
- for the customer’s account.
The customer shall make all arrangements necessary to take delivery of the goods whenever they are tendered delivery. In the event that the customer is unable to take delivery of the goods as arranged then the seller shall be entitled to charge a reasonable fee for redelivery.
Delivery of the goods to a third party nominated by the customer is deemed to be delivery to the customer for the purposes of this agreement.
The seller may deliver the goods by separate instalments. Each separate instalment shall be invoiced and paid for in accordance with the provisions in these terms and conditions.
The failure of the seller to deliver shall not entitle either party to treat this contract repudiated.
The seller shall not be liable for any loss or damage whatever due to failure by the seller to deliver the goods (or any of them) promptly or at all.
If the seller retains ownership of the goods nonetheless, all risk for the goods passes to the customer on delivery.
If any of the goods are damaged or destroyed following delivery but prior to ownership passing to the customer, the seller is entitled to receive all insurance proceeds payable for the goods.
The production of these terms and conditions by the seller is sufficient evidence of the seller’s rights to receive the insurance proceeds without the need for any person dealing with the seller to make further enquires.
It is the intention of the seller and agreed by the customer that ownership of the goods shall not pass until:
- the customer has paid all amounts owing for particular goods: and
- the customer has met all other obligations due by the customer to the seller in respect of all contracts between the seller and the customer.
Receipt by the seller of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until then the seller’s ownership or rights in respect of the goods shall continue.
The customer shall inspect the goods on delivery and shall within Three (3) days notify the seller of any alleged defect, shortage in quality, damage or failure to comply with the description or quote. The customer shall afford the seller an opportunity to inspect the goods within a reasonable time following delivery if the customer believes the goods are defective in any way. If the customer shall fail to comply with these provisions the goods shall be presumed to be free from any defect or damage. For defective goods, which the seller has agreed in writing that the customer is entitled to reject, the seller liability to either (at the seller’s discretion) replacing the goods or repairing the goods.
No goods shall be accepted for returns except in accordance with above.
To the extent permitted by statute, no warranty is given by the seller as to the quality or suitability of the goods for any purpose and any implied warranty is expressed excluded. The seller shall not be responsible for any loss or damage to the goods, or caused by the goods, or any part therefore however arising.
Where all seller has designed, drawn or written goods for the customer, then the copyright in those designs and drawings shall remain vested in the seller, and shall only be used by the customer at the seller’s discretion.
The customer warrants that all designs or instructions to the seller will not cause the seller to infringe any patent, registered design or trademark in the execution of the customer’s order.
The seller may cancel these terms and conditions or cancel delivery of goods at any time before the goods are delivered by giving written notice. On giving such notice the seller shall repay to the customer any sums paid in respect of the price. The seller shall not be liable for any loss or damage whatever arising from such cancellation.
In the event that the customer cancels delivery of goods the customers shall be liable for any loss incurred by the seller (including, but not limited to, any loss of profits) up to the time of cancellation.
Limitation of Liability
The seller shall be under no liability whatever to the customer for any indirect loss and/or expense (including loss of profit or goodwill) suffered by the customer or any third party arising out of a breach by the seller of these terms and conditions.
In the event of any breach of this contract by the seller the remedies of the customer shall be limited to damages and the seller’s liability (if any) whether in contract, tort or otherwise in respect of any defect in the goods, or of any duty owed to the customer in connection with them shall be limited to the amount of the price.
For the avoidance of doubt, nothing in these terms and conditions shall exclude or restrict the seller’s liability to any person for death or personal injury to that person resulting from the seller’s negligence.
Staircase orders will be charged for if cancelled, as these items are completely bespoke. Other items have a minimum 24 hours notice of cancellation required. Notification for instance, in person, via email, mobile phone, text message and/or fax, or any other means will be accepted subject to confirmation in writing. We reserve the right to levy a £60 charge to cover and subsequent administration expenses.
Termination of Agreements and Refunds Policy
Both the Client and ourselves have the right to terminate and services Agreement for any reason, including the ending of services that are underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment in respect of the provision of unused Services shall be refunded.