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Terms & Conditions

 


Please read the following carefully:


1. DEFINITIONS

'the Buyer' shall mean the individual or organisation transacting with the Company in accordance with these terms and conditions; 'the Company' shall mean Ultrasure Limited t/as Profurn; 'the Goods' shall mean those goods supplied by the Company to the Buyer.


2. GENERAL

No amendment of these terms and conditions shall be accepted unless agreed to in writing by the Company. All quotations and correspondence provided, orders placed, services rendered and goods supplied are subject to these term and conditions which replace any other terms specified or referred to by the Buyer, including any terms or conditions stipulated in the Buyer's order or correspondence.


3. THE PRICE

3.1. The price quoted for any Goods will remain valid for acceptance by the Buyer for a period of 30 days after which the Company reserves the right to amend the quote if considered necessary.

3.2. The Company reserves the right to refuse or re-quote for any order which is only a partial order of a full order for which a quotation has been provided.

3.3. Should any Goods be erroneously quoted at an incorrect price, the Company has the right to cancel any orders placed for such Goods regardless of whether the order has been confirmed or paid for. In such circumstances where the order has been paid for, the Company will issue the Buyer with a full refund and will not be liable for any losses incurred by the Buyer.

3.4. All prices are subject to VAT at the prevailing rate. 

3.5. All orders for Goods are deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Company. The Company may choose not to accept any order for any reason whatsoever.


4. PAYMENT

4.1. Unless otherwise stated by the Company, pro-forma payment is required for all orders prior to delivery and the Company reserves the right not to deliver the Goods if payment has not been made prior to delivery.

4.2. Full pro-forma payment is required at least 7 days prior to delivery where Goods are in stock. 

4.3. Where Goods are to be bespoke made or out of stock and subject to manufacture on a lead-time basis, pro-forma payment is required prior to commencing manufacture.


5. INSPECTION & ACCEPTANCE OF GOODS

5.1. When the Buyer signs for delivery of the Goods the Buyer is signing to confirm receipt of the Goods in perfect condition and to the Buyer's satisfaction. It is therefore the Buyer's responsibility to check the packaging and Goods immediately upon delivery to ensure they are satisfactory and in perfect condition as the Company cannot be responsible for any marks, scratches, chips or other damage once the Goods have been signed for, excepting where the Buyer writes the words 'damaged' or 'unsatisfactory' on the delivery note and notifies the Company by email to info@profurn.co.uk on the day it receives them.

5.2. The Buyer must take care when opening packaging. The Company cannot be responsible for any damage caused due to a Buyer removing packaging, for example, if the Buyer uses a knife to remove packaging and the Goods are scratched or torn as a consequence.


6. DAMAGED OR FAULTY GOODS ON DELIVERY

6.1. It is the Buyer's duty to fully inspect Goods as per clause 5.1.

6.2. Where the Buyer is aware of damage after packaging has been opened, or the Goods are defective in that they do not comply with these terms and conditions, then the Buyer must notify the Company by email to info@profurn.co.uk on the day of delivery. If the Buyer fails to do so then the Buyer shall be deemed to have accepted the Goods.

6.3. Where the Goods are defective or were damaged while risk and responsibility for the Goods was the Company's and the Buyer wishes to make a claim for defect or damage, then:

6.3.1. The Buyer must retain the original packaging. We ask that this be retained in good condition. Without the original packaging the Company may be unable to assist with the Buyer's complaint.

6.3.2. If the Company agrees to replace the Goods, arrangements will be made with the Buyer to collect the damaged or otherwise defective Goods from the Buyer and replace or repair them. The replacement or repaired Goods will be delivered to the same delivery address.

6.3.3. The Company will examine the Goods and determine whether the defect is the fault of the Buyer or the Company. Where the fault lies with the Buyer, the Goods will be returned to the Buyer by delivery to the same delivery address within 14 days of receipt of the delivery charge being paid by the Buyer. The delivery rate will normally be charged at same rate paid by the Buyer for the original delivery.

6.4. Where any fault in the Goods supplied lies with the Company, a replacement(s) or repaired good(s) will normally provided as soon as the Company is able from the date such fault has been determined. However, the Company reserves the right instead to offer a refund for the faulty portion of the Goods. Refunds are normally paid within 28 days of the date that the Company determines that the defect or damage lies with the Company.

6.5. Where returned Goods are found to be damaged due to the Buyer's actions then the Buyer will be liable for the cost of remedying such damage.


7. CANCELLATIONS

7.1. Orders for Goods cannot be cancelled or amended without the Company's written consent and only subject to terms which will indemnify the Company and it's manufacturer(s) or supplier(s) against any loss. If cancellation is unavoidable the Buyer agrees to compensate the Company for all costs incurred including loss of profit through cancellation or amendment. 


8. DELIVERY & LEAD-TIMES

8.1. Proposed delivery and lead-time dates are estimates only and whilst the Company will endeavour to deliver the Goods on the proposed delivery date the Company cannot be liable for any losses, damages or costs incurred by any delays in delivery and the Buyer waivers any right to claim in this regard.

8.2. Standard deliveries are by one driver and made tailgate to a ground floor location between 9.00am to 5.00pm Monday to Friday, excepting public holidays. The Buyer must ensure resources are available to lift and carry the Goods into the Buyers premises as this is not the drivers responsibility.

8.3. The signed delivery note shall be conclusive confirmation of the quantity of Goods delivered and the Buyers satisfaction with the condition and suitability of the goods delivered. 

8.4. The Buyer will not be permitted to treat the late delivery or partial delivery of Goods or delivery of faulty Goods as a reason to cancel the entire contract. 

8.5.  Any Goods returned as failed deliveries due to the Buyer not being available to take delivery will charged for a second delivery. This also applies where an incorrect delivery address has been provided by the Buyer.


9. COLOURS, SHADES, DIMENSIONS, WEIGHTS & MATERIALS

9.1. The Buyer accepts that whilst the Company endeavours to maintain the colours, shades, dimensions, weights and materials of Goods as depicted and stated on the Company's website, these are approximate and the Company does not guarantee that there will not be differences in the colours, shades, dimensions, weights and materials of the Goods delivered. Regarding wood and leather products; these are natural materials and as such there are sometimes variations in grain, colour and finish. Such variations are not imperfections or faults.


10. WARRANTY & GUARANTEE 

10.1. The Company offers a manufacturers return to base warranty. The manufacturer warrants that the materials and workmanship of the Goods will be free from defects, not including the effects of normal wear and tear, for a period of one year from the date that the Goods are delivered to the Buyer, excepting where the Buyer has purchased an extended Warranty for the Goods which in all events is stated and paid for as a separate service and not included in the purchase price of the Goods.

10.2. However this entire Clause will not apply if a fault arises due to:

10.2.1. Abnormal use or working conditions, failure to follow instructions, misuse, alteration or unauthorised repair, wilful damage, improper maintenance or negligence on the part of the Buyer or a third party; or

10.2.2. Any subsequent mechanical, chemical, electrical or other damage after risk has passed to the Buyer, which is not due to a defect in the Goods.

10.3. Where Goods are found by the Buyer to be faulty the Buyer must immediately make no further use of the Goods and contact the Company by email at info@profurn.co.uk within 7 days of the discovery of the fault. 

10.4. Faulty Goods must be returned by the Buyer to the Company, at the Buyer's expense, within 14 days of the Buyer's notification to the Company.

10.5. The Company requests that the Goods are returned in their original packaging or packaging of at least the same standard as the original packaging with adequate insurance to cover the price paid for the Goods during return journey.

10.6. Within 30 days of their return to the Company, the Company will make an inspection as to the condition of the Goods.

10.7. If the Company accepts that the Goods are faulty then the Company will make arrangements to repair or replace the Goods within 30 days of the date of the Company's inspection where repair is possible or replacement Goods are available. Where replacement Goods are available on a lead-time basis they will be replaced subject to the lead-time. Where repair is not possible or replacement Goods are no longer available, the Company will refund the purchase price of the item, minus the costs of delivery.

10.8. If the Company does not accept that the Goods are faulty then the Buyer must make arrangements for collection of the Goods within 28 days of the date of the Company's inspection.

10.9. Where Goods are not collected by the Buyer or the Buyer's third party carrier within 60 days of the date of the Company's inspection then the Company will assume no responsibility for returning the goods to the Buyer.


11. LIMITATION OF LIABILITY

11.1. The Company shall not be liable for any indirect, incidental or consequential loss or damage whatsoever.

11.2. Time shall not be of the essence and the Company shall incur no liability to the Buyer in respect of any failure to deliver the Goods to the delivery address by any agreed date.


12. USE OF PRODUCTS AND RESPONSIBILITY

12.1. The Buyer agrees to be solely responsible for the use of any Goods supplied and that they will use the Goods legally and only for the purposes that such Goods are intended to be used for and at all times in accordance with any applicable instructions, advice, suggestion, guidance and information supplied by the Company or the manufacturer. This includes ensuring that the Buyer reads all the information and guidance supplied by the Company or manufacturer, takes any required precautions and/or tests before use and fully understands how the Goods operate and what they contain.

12.2. Furthermore the Buyer agrees that they will not misuse any Goods supplied and will abide by any laws applicable to any Goods supplied.

12.3. It is the Buyer's responsibility to ensure that the Goods are suitable for the Buyers own use and that the Goods comply with all legislation applicable to the Buyers own use.

12.4. The Buyer specifically accepts that the effectiveness of the Goods will also be dependent on correct and effective use, storage, inspection and periodic routine maintenance.

12.5. Where the Buyer has supplied any specifications and/or measurements, then their accuracy remains the sole responsibility of the Buyer and the Buyer shall be solely responsible for any costs and expenses incurred because of any inaccuracy or problems arising as a result of any specifications and/or measurements provided.

12.6. The Buyer understands and accepts that the Goods may require some self-assembly and agrees to carefully follow any and all such instructions supplied in the assembly of the Goods ordered. This includes regularly inspecting the goods as part of a routine maintenance procedure and if necessary, reassembling or tightening any nuts, bolts or screws that may have worked lose during use.


13. RISK AND TITLE TO GOODS

13.1. The risk in the Goods passes to the Buyer upon delivery.

13.2. Notwithstanding the passing of risk, title in the Goods shall remain vested in the Company and shall only pass from the Company to the Buyer upon full payment being made of all sums due to the Company from the Buyer in respect of those Goods.


14. WAIVER

14.1 Nothing in these Terms and Conditions and no express or implied waiver by the Company in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.


15. FORCE MAJEURE

15.1. The Company shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its direct control, including but not limited to acts of God, accidents, war, fire, strikes, lock outs, failure of any communications, including telecommunications or computer systems, breakdown of plant or machinery or shortage or unavailability of raw materials or resources from a natural source of supply, and the Company shall be entitled to a reasonable extension of its obligations.


16. INVALIDITY AND SEVERANCE

16.1. Each clause or any part at all of these Terms and Conditions is to be regarded as independent of the others. This means that should any clause or any part of these Terms and Conditions be found to be unenforceable or invalid it will be severed and will not affect the enforceability or validity of the remainder of these Terms and Conditions.


17. GOVERNING LAW AND JURISDICTION

17.1. These terms and conditions shall be governed by and interpreted in accordance with English law and the English courts shall have exclusive jurisdiction in resolving any disputes.