Terms And Conditions
MORELLIS DESIGN LONDON
CONDITIONS OF SALE
- DEFINITIONS AND LAW
(i) The complete contract is the document or documents that set out the terms and conditions and all other details relevant to a particular transaction and is hereinafter regarded as ‘the Contract’.
(ii) The goods sold by the Seller (Morellis Design London) to the Buyer shall hereafter be referred to as ‘the Goods’.
(iii) The person, firm, company, corporation or public authority shown on the invoice shall hereinafter be referred to as ’the Buyer’.
(iv) The parties to the Contract are the Seller (Morellis Design London) of the Goods and the Buyer.
(v) The person, firm, Company Corporation or public authority responsible for the delivery of the Goods to the delivery address including the seller when the seller delivers, shall hereinafter be referred to as ‘the Carrier’.
(vi) The person, firm, company, corporation or public authority to whom the goods are delivered when it is not the Buyer is hereinafter known as ‘the Recipient’.
(vii) This contract shall be governed by and construed in accordance with the law of England.
- RISK AND TITLE OF GOODS
(I) The risk in the Goods shall pass immediately to the Buyer or the Recipient.
(ii) The property of the Goods shall remain vested in the Seller (Morellis Design London) and the Seller (Morellis Designs London) reserves the right to dispose of the Goods, until such time as the price thereof shall have paid in full. If such payment is overdue in whole or in part, or if the Buyer is in breach of any terms of this agreement, or if any act or proceeding in which the Buyer’s solvency is involved is commenced, the Seller (Morellis Design London) may (without prejudice to any of the Seller’s other rights) recover or resell the Goods or any of them and may enter upon the Buyer’s land and premises by the Seller’s servants, agents for the purpose
The Buyer, Recipient on behalf of the Buyer, shall receive and unload the Goods and shall check the same for quantity and condition in the presence of the Carrier. If there is a shortage or if the goods are in an unsatisfactory condition, the buyer or Recipient must so endorse the Carriers delivery document and must give separate written notice thereof to the Seller (Morellis Design London) within three days of delivery. If this condition is not observed, no claim in respect of shortage or of unsatisfactory condition of the Goods will be entertained. This condition does not affect the statutory rights of the Buyer.
Delivery date is an estimated date only and whilst every effort will be made to meet such a date, time will not be of the essence in this respect. Any period quoted for delivery will run from the time the Buyer complies with its obligations hereunder. The Seller (Morellis Design London) shall not be liable for any damage loss or inconvenience sustained by the Buyer as a result of any delay in delivery. Unless notified to the contrary any person upon the Buyers premises shall be deemed an authorised person for the purpose of accepting delivery and signing a delivery note of either the Seller (Morellis Design London) or the Carrier. Each delivery shall be deemed a separate agreement.
The price charged will be the price ruling at the time of delivery. Where this is at variance with the price quoted when the Goods were ordered the Buyer will be advised prior to delivery.
Where monthly accounts have been granted to the Buyer in writing, all invoices shall be paid within 30 days of the invoice date, where no such facilities have been granted payment will be with order or where previously agreed on delivery. Where these terms are exceeded the Seller (Morellis Design London) shall be entitled to interest on the amount that is overdue at the National Westminster Bank plc Base Rate plus 4% calculated on a day to day basis. This shall be without prejudice to any other rights or remedies of the Seller (Morellis Design London). Any legal charges incurred in the recovery of the money or Goods will be paid by the Buyer.
- WHEN THE CONTRACT COMES INTO BEING
The contract shall come into being between the Buyer and Seller (Morellis Design London) when the Buyer has placed an order, detailing his requirements and agreeing to be bound by these conditions and the Seller (Morellis Design London) has accepted the order.
- WHEN SIGNATURE FOR RECEIPT OF GOODS BECOMES OPERATIVE
Where, for administrative convenience, the Buyer or his agent is requested by the Seller (Morellis Design London) to sign a contract and or delivery note before the Goods are handed over the Buyer or his agent agrees to examine the Goods at the time of the physical hand-over and the effect of such signature in respect of receipt of the Goods will not become operative until immediately after the physical hand-over.
- RIGHTS RESERVED
Any failure by the Seller (Morellis Design London) to enforce any or all of these conditions shall not be constructed as a waiver of any of the Seller’s rights hereunder.
10. SEPARATE TERM VALIDITY
Should any term in this Contract be held invalid such invalidation shall not affect the validity of the remaining terms. Headings in these conditions are for reference purposes and shall not affect the interpretation of these conditions.
11. TERMS OF CONTRACT
These conditions have effect in substitution for, and to the exclusion of, any condition put forward by the Buyer.