TERMS

In these conditions (unless otherwise requires):

  1. “the Seller” means Fawn Interiors Ltd;

  2. “the Buyer” means the person, firm or company to whom the Order is addressed;

  3. “the Goods” means the articles or things or any of them describe in the Order;

  4. “the Services” means the Services described in the Order to be undertaken by the Seller of the Goods;

  5. “the Specifications” means the technical description (if any) of the Goods or the performance of the Services;

  6. “the Order” means the order placed by the Buyer for the supply of the Goods or the performance of the Services;

  7. “the Contract” means the contract between the Buyer and the Seller for the supply to the Buyer by the Seller of the Goods and/or Services consisting of the Order, these Terms and Conditions, any other documents (or parts thereof) specified in the Order and the Seller’s acceptance of the Order and if there shall be any inconsistency between such documents they shall have precedence in the order hereinbefore listed;

  8. “Supply” shall include a sale, lease, hiring or loan of the Goods;

  9. “Commissioning Deposit” is a deposit taken as an acceptance Order and commencement of the Contract.

  10. “Manufacturing Deposit” is a fee taken from the Buyer and is proportional to the overall value of the Goods, from which materials and Goods will be purchased.

  11. “Final Balance” is the outstanding amount to be paid by the Buyer one week prior delivery of the Goods.

  12. “Retainer” is a fee offered as a gesture of goodwill by the Seller, due to be paid by the Buyer on completion of installation of Goods.

 

Payment

  1. Furniture - Payment for Goods shall be due by the dates set out between the Seller and Buyer. A Commissioning Deposit which is a value of 10% of the Goods will be taken as an Order and commencement of the Contract between Seller and Buyer. After Commissioning Deposit has been paid by the Buyer and received by the Seller, a site survey will be carried out if deemed necessary and 2D Plans will be drawn up for sign off by the Buyer. A Manufacturing Deposit which is a proportional value of the Goods is worked out on an individual project basis. After the Manufacturing deposit is paid by the Buyer and received by the Seller, 2D plans are signed off by the Buyer and the Seller will place orders for relevant materials, furniture and associated items. A Final Balance is the outstanding value for the Goods, which is due to be paid by the Seller no less than one week prior to delivery of goods.

 

  1. Interior Design - Payment for Services shall be due by the dates set out between the Seller and Buyer. The full amount will be asked in order to commission a project. Once amount has been paid by the Buyer and received by the Seller it will be taken as an Order and commencement of the Contract between Seller and Buyer. Fawn will then conduct a site survey and carry out necessary works stated in Specification along with 2D & 3D plans.

 

  1. Payments received after the due date specified in the invoice shall bear a service charge, which will accrue from the due date whether inscribed on the relevant invoice or otherwise agreed, at the maximum lawful interest rate applicable, and if none – at the annual rate of 5% above the base rate. All payments shall be made to Seller’s designated bank account in the same currency and for the same amounts as specified in the Order. If the Buyer extends the date for delivery of Goods to exceed 14 days after the agreed delivery date, full Final Balance payment will still be expected by the original date specified.

 

Prices, Duties and Taxes

  1. Prices specified in the Order are based, inter alia, on production costs for supplies, labour, deliveries, duties and services current on the order date. All Quotations and Order’s prices are valid for one month from date of issue.In the event of material increase in any such costs, Seller reserves the right to either adjust the prices for Goods accordingly, or to cancel any certain part of the sales relating to undelivered Goods. Duties, taxes, fees, levies and other compulsory payments applicable to the sale of Goods any time, as well as freight, express, insurance and delivery charges, shall all be borne and paid in full by Buyer, unless otherwise expressly stipulated.

  2. Any additional items ordered after delivery of Goods could be subject to additional delivery charge

 

Delivery

  1. The Goods properly packed and secure in such a manner as to reach their destination in good condition under normal conditions of transport shall be delivered by the Seller at the time specified in the Contract or as subsequently agreed by the Seller at the time specified in the Contract or as subsequently agreed in writing by the parties.

  2. The Buyer is to ensure all products have been checked prior to signing, Any defects, damages or shortfalls are to be reported to the Seller immediately. After delivery the Seller cannot be held responsible for damaged Goods.

  3. Risk associated with the Goods shall pass to Buyer on delivery or passing of title in the Goods, whichever occurs first; provided however that where delivery is delayed due to circumstances caused by or within the responsibility of the Buyer, risk or loss shall pass to the Buyer upon Seller’s notification that Goods are ready for dispatch.

  4. It is the responsibility of the Buyer to ensure necessary access is available for safe delivery and remove any delicate objects in preparation.

 

Retention of Title

  1. Title shall pass to Buyer only upon full payment by Buyer for the Goods and following payment of any other outstanding debt by Buyer to Seller. Buyer shall, at Seller's request, take any measures necessary under applicable law to protect Seller's title in the Goods, and lawfully notify Buyer’s present or potential creditors of Seller's title on and interest in the Goods. Buyer acknowledges that so long as title has not been transferred in the Goods, it holds the Goods as bailee and fiduciary agent for the Seller and shall safely and securely store and keep the Goods separate and in good condition, clearly showing the Seller’s ownership of the Goods and shall respectively record the Seller’s ownership of the Goods in its books. Notwithstanding the above, Buyer may use Goods for its own use, or sell Goods, as fiduciary agent for the Seller, to a third party in the normal course of business by bona fide sale at market value, whereby proceeds of such storage, usage or sale of Goods, as the case may be, shall, to the extent of the amount being owed by Buyer to Seller at the time of receipt of such proceeds, be held by Buyer on trust for Seller and specifically ascertained, until payment in full for all payable debts by Buyer to Seller.

 

Warranty

  1. Without prejudice to any other remedies the Buyer, the Seller shall as soon as reasonably practicable repair or replace all Goods which are or become defective during the period of 24 (twenty four) months from the date of delivery where such defect occurs under proper usage and is due to faulty design, the Seller’s erroneous instructions as to use or erroneous data or inadequate or faulty materials or workmanship, or any breach by the Seller of any provision of the Contract. Repairs and replacement shall themselves be subject to the foregoing obligations for a period of 24 (twenty four) months from the date of delivery, reinstallation or passing of tests (if any) whichever is appropriate after repair or replacement. If any Services are found to have been performed defectively within 12 (twelve) months of the date of their performance the Seller shall forthwith upon notice thereof re-perform the same.

Storage

  1. If for any reason the Buyer is unable to accept delivery of the Goods at the time when the Goods are due and ready for delivery the Seller shall is use own storage facilities or at an agreed third parties facilities permit storage of the Goods by mutual agreement, insure them against loss or damage by accident, fire, theft, flood and all other perils and safeguard them and take all reasonable steps to prevent their deterioration until their actual delivery and transfer of title takes place.

 

Site Readiness

  1. The Seller accepts no liability for the continuing quality and protection of Goods delivered to the Buyer’s site if the site is unsuitable for the storage or installation of Goods. In the event that site is unready or unsuitable to receive the Goods at the time of the forecasted delivery and delivery is subsequently delayed at the request of the Buyer, the Seller reserves the right to pass on reasonable transport to the Buyer as well as storage charges as listed in ‘

 

Changes, Amendments & Variations

  1. Any changes in design or specification that occur between Commissioning Deposit stage and Manufacturing Deposit stages are adhered to. Any changes that occur after Manufacturing Deposit when orders have been placed will require changes to be highlighted in writing. The Sellers will endeavour to accommodate however if the seller cannot, the original will be adhered to.

  2. The Buyer will be notified of the cost for subsequent changes, no additional work which increases the cost of the quotation will be undertaken until payment has been made.

 

2D Plans & 3D Visual Support Material

  1. The Seller will carry out site surveys where necessary or working from Architect Plans. The Seller cannot be held responsible for any changes made to the site dimensions after measurements have been taken or issued. The Buyer is responsible for ensuring latest plans are being used by all parties.

  2. The Seller will produce drawings and notes showing services positions (water, gas, electricity, ventilation) as guidelines only and are given to assist in the preparation of the site by the Buyer’s own contractors unless otherwise stated in the Order.

  3. All 3D drawings produced by the Seller as artistic impressions and are not accurately representative in style or scale of the product being supplied.

 

Goods – Materials, Colour & Specification

  1. All images shown on the Sellers website and company literature are for guidance only.

  2. The Seller may produce a sample for the Buyer, this is an approximate representation. The Buyer accepts that the Seller cannot reproduce goods exactly the same as the samples supplied.

  3. Exact shades of wood, fabric and other natural products cannot be guaranteed as they will differ in colour and grain configuration. The Buyer accepts that Goods made from natural materials variations in grain, colour, knots and sap and a change in colour over time may occur.

  4. The Buyer accepts that materials may be subject to movement due to humidity and temperature conditions

 

Use of Information

  1. All scheme designs, 2D plans and 3D CGI renders generated by the Seller remain the property of the Seller and cannot be used by the Buyer to purchase Goods from a competitor.

  2. Designs can be purchased by the Buyer if they want to own the rights to the drawings and designs. Prices for plans will be at the discretion of the Seller.

 

Exclusion Liability

  1. The Seller excludes all liability and responsibility for any uninsured loss or damage as a result of the Buyer, the Buyers contractors or any third parties in connection with the supply and installation of the Seller’s Goods.

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© 2019 by Fawn Interiors Ltd.