1. All quotations are valid for 30 days from date of submission.
2. Any pictures and drawings provided by the purchaser will at all times remain his property.
3. Any pictures and drawings provided by the Turners and Moore will at all times remain the property of Turners and Moore.
ACCEPTANCE OF ORDERS
1. All agreements of purchase and sale (orders) entered into by the purchaser with Turners and Moore constitutes confirmation that purchaser is sufficiently creditworthy for the value of the order placed.
2. If purchaser fails to comply with the settlement of any agreement, Turners and Moore will
at all times be entitled to demand the purchaser provides sufficient security to meet payment obligations before delivery whether Turners and Moore has already executed an order
entirely or in part.
Any estimated delivery date set out in the Dispatch Confirmation are approximate only and the time of delivery is not of the essence. The Company shall not be liable for any delay in the delivery of the Products where there is an Event Outside Our Control or you have failed to provide us with adequate delivery instructions. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
“Delivery” will be completed when either the Products are collected by you within three days of the Dispatch Confirmation or, where you have requested the Products to be delivered, on the Products arrival at the address notified by you to us on the agreed date for delivery.
The Products will be your responsibility from the completion of Delivery.
If you fail to accept delivery of the Products on arrival at the address notified by you to us for delivery on the agreed delivery date, the Company shall store the Products until delivery is rescheduled and may charge you for all related costs and expenses (including third party courier charges, storage and insurance).
3. Changes of orders made by the purchaser shall not be valid until the vendor has declared his agreement to the nature and associated costs in writing.
4. If an order which has been confirmed by Turners and Moore, stating the price and delivery
time agreed, is cancelled by the purchaser, Turners and Moore will charge purchaser for reimbursement of incurred costs.
DISPATCH AND DELIVERY
1. If the items are sent by means of transport of Turners and Moore or by carriers working by
his order, delivery shall take place by offering the items on the ground at the warehouse of the purchaser. In this case, the items travel at the risk of Turners and Moore until the time of delivery.
2. In all other cases delivery will have been effected as soon as the items have been
made available at Turners and Moore place of loading. In these cases, the items always and in all events travel at the risk of the purchaser.
3. All items will be transported at the expense of the purchaser, unless the freight
charges have been taken into account in the price;
4. If a purchaser refuses to take immediate receipt of items delivered to him correctly
and undamaged, any freight charges, storage expenses, etc., arising from such
shall be at his expense.
RETENTION OF TITLE
1. Items delivered remain Turners and Moore’s exclusive property as long as the purchaser
has not fulfilled the amounts owed regarding the consideration for:
items delivered or to be delivered to the purchaser pursuant to the agreement, or
work or services performed or to be performed also in favour of the purchaser pursuant to such agreement
2. Prior to the transfer of ownership automatically resulting from complete and full payment as per the agreement, the purchaser shall not be entitled to sell, deliver or otherwise alienate the items delivered in any manner other than in accordance with his normal operations and the normal use of the items.
This entitlement shall lapse at the moment a (provisional) moratorium is granted to the
purchaser or the latter is declared bankrupt. The purchaser may in no event have
the item coming under the retention of title serve as security for amounts owed to
3. Prior to the transfer of ownership referred to, the vendor shall have access to
the items of which he has the ownership at any given time, wherever they are.
4. Upon violation of the stipulations of this clause, the purchaser shall owe a penalty of
10% of the amount owed at the time of the violation, without prejudice to the
stipulations of clause “PAYMENTS”, paragraph 6.
5. The purchaser may agree with a third party that the latter pays the purchase price
for him and for that be subrogated to the amount owed to Turners and Moore. Upon
payment by a third party who is subrogated to the amount owed to Turners and Moore, the
retention of title as described in this clause shall not lapse.
6. In the case of subrogation as referred to in paragraph 5, Turners and Moore shall deliver the
retained ownership of the items for which the third party has paid the purchase
price to the subrogated third party. From the time of subrogation, the purchaser will
hold the items for the subrogated third party.
7. Subrogation to the amount owed by a third party as referred to in paragraphs 5 and
6 and the transmission of the retained ownership to it does not affect the fact that
the purchaser may call the Turners and Moore to account for any failure to fulfil the agreements
concluded between them.
1. The delivery time specified will be approximate. Turners and Moore shall undertake to keep
to the specified delivery time as much as possible, but will not be liable for the consequences of any exceeding if he could not reasonably prevent it. Such exceeding shall neither oblige Turners and Moore to any compensation nor entitle the purchaser to dissolve the agreement.
2. If it has been stipulated explicitly on entering into the agreement that delivery must
take place on or before a certain date, implying that the delivery period forms an essential component of the agreement, any consequences for the purchaser arising from the delivery period being exceeded will be at the expense of Turners and Moore without prejudice to the right of the purchaser to dissolve the agreement.
3. If the probable delivery time referred to in paragraph 1 of this clause is exceeded, Turners and Moore will be given a further period of delivery to deliver. If this further delivery period is exceeded, the purchaser will be entitled to dissolve the agreement without notice of default or
court intervention and/or to claim compensation.
1. Any complaints must be submitted in writing to Turners and Moore within 3 months of delivery
of the items. Under penalty of inadmissibility however, the complaint must be submitted in writing immediately after the purchaser has learnt of the circumstances that give cause for the complaint.
Each delivery can be considered to be a separate transaction, that is, complaints related to a certain delivery do not exert influence on any earlier or subsequent deliveries.
2. Under penalty of inadmissibility of any complaints, the purchaser must inspect the items for visible defects immediately upon receipt.
3. Complaints which cannot be submitted within the established period of 3 months after
delivery due to their nature or custom, may still be submitted with due observance
of the stipulations of paragraphs 1 and 2.
4. Complaints with regard to items delivered by Turners and Moore which have already been
sold on by the purchaser, will only be attended to if they are submitted in writing by
5. In the case of an alleged attributable failure, or in other cases, the items can only be
returned by the purchaser after Turners and Moore’s has provided written agreement. In the event that Turners and Moore does not respond within 10 working days to the purchaser’s written request, Turners and Moore can be considered to agree. If Turners and Moore do not declare
agreement, Turners and Moore is obligated to substantiate his refusal. If goods are returned without such written agreement, this does not affect the obligation to pay the invoice amounts,
while the costs arising from it will be at the expense of the purchaser.
6. Repairs on delivered furniture carried out by or by order of the purchaser,
regardless of their nature or the cause for which they were carried out, will not be
reimbursed Turners and Moore, unless he has agreed previously and in writing to such
repairs being carried out.
1. In respect of the purchaser and first user, Turners and Moore will provide a guarantee for
the items he delivers, counting from the day the purchaser is invoiced, insofar as
it concerns defects attributable to Turners and Moore, which defects appear upon normal
use, such on the basis of the following depreciation procedure:
– within 3 months of the invoice date: the costs of the repair or replacement respectively, including freight within the United Kingdom, will be entirely at the expense of Turners and Moore;
– within 6 months of the invoice date: 2/3 of the costs of the repair or replacement respectively, including freight within the United Kingdom, will be at the expense of Turners and Moore;
– within 1 year from the invoice date: 1/3 of the costs of the repair or replacement respectively, including freight within the United Kingdom, will be at the expense of Turners and Moore.
2. Incompetent handling of the items delivered or insufficient care for them precludes any and all complaints and is not covered by guarantees, if and insofar as the complaint is related to such incompetent handling or insufficient care.
LIMITATION OF LIABILITY
1. Insofar as legally permitted, Turners and Moore’s liability for loss caused by defects of what was delivered will be limited to the net invoice amount of it, unless the consequences of this exoneration are demonstrably unreasonably onerous for the purchaser.
2. Turners and Moore shall never be liable for indirect loss including loss sustained by third parties or economic loss, unless the consequences of this exoneration are demonstrably unreasonably onerous for the purchaser.
If Turners and Moore is hindered in the execution of the agreement due to mobilization, threat of war, war, strike, lockout or a non-attributable failure of a different nature, Turners and Moore shall not be bound by any term and at the same time be entitled not to execute the agreement he concluded or not to execute it entirely, without any legal steps being required. Turners and Moore will inform the purchaser forthwith of the occurrence of the circumstances of the non-attributable failure.
If the purchaser is unable to execute the agreement due to a non-attributable failure, the obvious consequence will be that he cannot be forced to compliance of same. The purchaser must inform Turners and Moore forthwith of the occurrence of the circumstances of the non-attributable failure.
3. In all cases of non-attributable failure, the other party will be entitled to dissolve the
agreement, if it cannot reasonably be expected to continue the agreement.
1. Unless specifically agreed with purchaser, all payments must be received by Turners and Moore prior to delivery and within two weeks from the invoice date.
2. Any possible credit notes will be settled with the next invoice and no later than
within one month.
3. From the moment payment is overdue, the purchaser owes an interest payment of 1% of the invoice amount for each month, or part thereof, the due date is exceeded, not to exceed a maximum of 10% annually.
4. The purchaser will be in default by simply exceeding the payment term or noncompliance with any obligation, but before proceeding to further measures, Turners and Moore will make one written demand.
5. In case of non-payment of any amount due and payable, suspension of payments,
application for a moratorium, bankruptcy or liquidation of the business of the
purchaser, Turners and Moore will be entitled to dissolve the agreement, or the part thereof
not yet executed at such time, immediately and without any court intervention being
required, and to claim back the items not yet paid, without prejudice to his right to
compensation of any loss caused to him by all this. In these cases, any and all
amounts owed by the purchaser to the vendor will be immediately due and payable.
6. By the mere conclusion of the purchase agreement, the purchaser will be obliged to
make payment of all extrajudicial costs, including legal fees and advice prior to the
proceedings, related to non-compliance by the purchaser with any obligation vis-à-
vis Turners and Moore, regardless of the interest payment referred to in paragraph 3 of this
clause. Extrajudicial collection costs will amount to a maximum of 15% of the
amount owed, observing a minimum of £20.00
7. If not paid on the due date, the costs referred to in paragraph 6 shall include
postage of letters demanding payment, expenses charged by those entrusted by
Turners and Moore with the collection, etc.
APPLICABLE LAW AND COMPETENT COURT
1. Any and all quotations, agreements and the execution thereof will exclusively be
governed by the laws of England.
2. Insofar as they exceed the competence of the sub-district court, any and all
disputes will be settled by the court in Norwich, Norfolk, England.