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General.
i.
‘The Company’ means C Harris & Son (Fleet) Limited, including the
brand names The Any Size Sofa Company, Harris Design and AnySizeSofa.com
ii.
‘The Customer’ means any individual, company, firm or any agent
thereof to whom work is addressed to and undertaken.
iii.
‘The Goods’, ‘Work’, ‘Order/Estimate’ or ‘Order’ means services,
products, goods, equipment, parts and other items or materials supplied by
the Company to the Customer.
iv.
‘The Goods’, ‘Work’, ‘Order/Estimate’ or ‘Order’ means any work,
order, and estimate, verbal order, accepted and undertaken by the Company
giving rise to a Contract.
Orders
v.
We reserve the right to refuse any order.
vi.
If any order is cancelled by the Company, all monies paid by the
customer will be refunded.
vii.
Work will be carried out in line with the description of work on
the signed Order or Order/Estimate only. Any amendments must be made in
writing. If work has begun, amendments cannot be accepted, unless
feasible to do so. Any additional costs arising from any amendments will
be passed onto the customer.
viii.
We reserve the right to increase any material costs including
fabric price, in line with those of our suppliers, should any increase
occur after placement of order.
ix.
Work will only scheduled and carried out upon receipt a signed
Order/Estimate plus deposit paid (minimum 30%)
x.
Any order confirmation work schedule dates supplied are for
indication purposes only. Although we will make every effort to keep to
these dates, we cannot guarantee this.
xi.
Where amendments are received to the original order, a new order
confirmation will only be issued on request.
xii.
For estimate purposes, if a fabric choice has not been made at the
time an estimate is produced, an average fabric price (normally £40.00 per
metre depending on the type of fabric that the client is considering) will
be given to give you a guideline price only. The final price may
alter up or down depending on the final choice of fabric. Price
confirmations are available on request.
xiii.
We reserve the right to make minor amendments to any piece of
furniture and if necessary substitute alternative interior materials if
deemed necessary depending on the precise nature of work and dimensions as
specified by the customer.
xiv.
Where the fabric/trimmings of any order falls under £200 (ex VAT)
the delivery charge from our supplier will be passed onto the customer.
xv.
VAT is charged at the rate applicable on the date the invoice is
raised. Deposits and balances invoiced prior to and up to 11.59pm on 31st
December 2010 will be charged at 17.5%. Invoices for deposits and
balances due raised on or after 1st January 2011 will be
charged at 20%.
Customers Own Materials, Fabrics, Hides, Samples & Stock Cuttings.
xvi.
Where a customer’s own material (COM) is supplied, a cutting
surcharge of £15.00 per metre required will be added to your order plus
the cost of Fire Retardant interlining or treatment where required.
xvii.
Where COM is used, we will require a confirmation that the fabric
complies with FURNITURE & FURNISHINGS (FIRE) (SAFETY) REGULATIONS 1988.
xviii.
Where COM is supplied, it is the customer’s responsibility for
checking the fabric for flaws.
xix.
It is the client’s responsibility to inform the company in writing
of the nature of the use of COM i.e. direction and side to be used etc.
xx.
We accept no responsibility for premature wear on fabrics used
contrary to manufacturer’s instructions and guidelines.
xxi.
Small samples are available free of charge on request for most
fabrics to customers who have returned a signed estimate/order (max 15 per
customer order). Additional samples may be requested but may be charged
for.
xxii.
Chargeable (or returnable) larger samples are available on
request. If the customer wishes to retain these samples they will be
charged for at cost plus £7.50.
xxiii.
Samples supplied by manufacturers are for guidance only. If an
exact colour match is required, a stock cutting must be requested.
xxiv.
Hide/Leather: Natural markings and imperfections are part of the
natural characteristics of leather (and leather-derived products) and are
not flaws.
xxv.
Piled Fabrics: Due to the inherent nature of piled fabrics
including Chenilles & Velvets, these may be liable to pressure marking and
crushing.
xxvi.
Stain repellent finishes can be applied to fabrics at an additional
cost. Prices available on request.
xxvii.
Stain repellent finishes are carried out and applied at customers
own risk, and may invalidate a fabric supplier’s fabric guarantee.
Delivery, Access, Schedules, Title of Goods, Payments, Guarantees &
Disputes.
xxviii.
Delivery charges apply on all orders below £5,000 unless otherwise
stated on the original order form.
xxix.
Delivery charges for smaller items weighing under 20kg and
volumatically less than 100cm x 100cm x 80cm (or volume equivalent) are
£20.00 per delivery plus VAT and packaging, unless otherwise stated on the
original order form.
xxx.
Delivery of smaller items is by a parcel carrier (TNT, ParcelForce
etc.) and a signature is required on delivery. Additional delivery
charges incurred for a failed delivery will be passed onto the customer.
xxxi.
Delivery of larger items is carried out by our own delivery drivers
or as a grouped delivery by TNT Special Services. Timed deliveries cannot
be guaranteed, and where given, deliveries will endeavour to be within 3
hours of the delivery time expected.
xxxii.
Deliveries of large modular furniture orders are usually carried
out by our specialist delivery team, for appropriate fixing of furniture
to be carried out.
xxxiii.
It is the Customers responsibility to ensure that the furniture
will fit into your home. If access is an issue, we can carry out a
Furniture Access Survey, which is available on request. This service will
be charged for.
xxxiv.
The delivery charge (if applicable) includes no allowance for the
removal of doors, windows or other fixtures unless specifically stated on
your order form. In this case a specialist delivery can be arranged. You
should allow a reasonable amount of time for this work to be carried out
and any work will be subject to an additional charge
xxxv.
Where Free Delivery is included in the price, delivery dates and
times are as scheduled by the Company. If the date and time given for a
delivery is not convenient to the Customer, an alternative delivery date
may be requested and given. The new delivery may be charged to the
customer, if not in a standard grouped delivery schedule.
xxxvi.
Delivery charges for all orders over £750 are free within 25 miles
of the showroom.
xxxvii.
Delivery charges are as follows: 25 – 40 miles £40. 40 – 75 miles
of the showroom £75. 75 – 125 miles £130. Delivery prices are plus VAT.
Deliveries over 125 miles, prices on application. Deliveries can also be
made to Channel Islands, Scotland Mainland and Highlands. Prices on
request.
xxxviii.
Title of Goods, Furniture, Fabrics and Periphery Items remain the
property of C Harris & Son until payments are received in full.
xxxix.
Outstanding balances are due prior to delivery.
xl.
Payment by our standard payment methods can be made on delivery to
prior agreement only.
xli.
Payment by Credit Card (Mastercard & Visa) are subject to a 2%
transaction value surcharge. Payment by Cheque, Debit Card, BACS do not
incur an additional charge. If charges by our Merchant Services supplier
change, and additional charges may be passed on to the Customer.
xlii.
If delivery is delayed at the Customers request, payment will be
due within seven days of the invoice date.
xliii.
Where we are requested to store furniture over 14 days from our
completion of works (date of invoice), a storage charge will be applied.
Prices on request.
xliv.
Outstanding invoices over seven days old may be passed to an
outside finance/invoice factoring company for collection.
xlv.
For all outstanding invoices remaining unpaid 30 days
following delivery (or completion of work), the invoice will be passed to
a debt collection agency for recovery.
xlvi.
Interest will be charged on all accounts over 30 days old at a rate
of 5% above Bank of England base rate and an administration charge of £25
per correspondence issued by the company will be applied to the
outstanding account.
xlvii.
We have a 10 year Frame and Coil Springs Guarantee on our sofa and
chair frames. This guarantee starts from the date of delivery and does not
cover the fabric, cushion interiors, fair wear and tear or frame and
spring damage due to misuse, accident, abuse or infestation. All of our
furniture is made to our exacting standards and we would expect our frames
to offer many years of service beyond the guarantee offered.
xlviii.
If a dispute arises, a complaint should be made by the Customer in
writing detailing the areas of the complaint within fourteen days of
delivery of goods/services.
xlix.
Disputes not made in writing within fourteen days the company, the
client will have been deemed to have accepted the goods/services.
l.
Should a dispute not be resolved to the Customers satisfaction, the
Customer may refer the dispute to the Arbitration and Assessment services
of either the Association of Master Upholsterers or the Furniture
Ombudsman Service of which we are members.
Other Cancellation Charges & Order Deferment.
li.
Cushions: Any new cushion order cancelled after receipt of the
order, will forfeit the deposit paid, and the customer will be liable for
any charges up to the full order value, if work has already begun, plus a
£20 administration charge.
lii.
New Furniture Orders & Bespoke Commissions: All of our furniture
is only made to order and once placed the furniture order may not be
cancelled by you. For furniture orders from stock only you have the
right to cancel the order up to 14 days before the delivery date however,
if you do so, we shall retain the deposit, together with an administration
charge of £50. This does not affect your statutory rights.
liii.
Orders may be deferred at the customer’s request for up to six
months from the date of the order. Longer work deferment requests will be
considered and given at the discretion of the Company.
liv.
Any order cancellation / deferment request must be made in writing
by recorded delivery to our registered address.
Promotions.
lv.
All promotions by C Harris & Son are subject to our general terms
and conditions.
lvi.
We reserve the right to cancel any promotion by C Harris & Son /
Harris Design / The Any Size Sofa Company / AnySizeSofa.com at any given
time for whatever reason.
lvii.
We will not be held liable for any errors produced in any
advertisement or promotional material produced by outside companies and
organisations.
Dimensions, Pricing, Fabric Quantities & Designs.
lviii.
All quoted furniture dimensions on the order are approximate due to
the natural variations of the materials used. Therefore a +/- 3%
allowance should be taken into account when deciding on dimensions as a
result. Where an absolution maximum dimension is critical, this should be
noted at the time of order.
lix.
Guideline prices quoted on literature are for indication purposes
only and amendments to size, style and design alterations may incur extra
cost.
lx.
Fabric amounts listed are a guide only and are based on
fabric with a nominal pattern repeat and standard fabric widths at 137cm –
140cm (54”). For pattern matching purposes and for fabrics of different
widths the fabric requirements may occasionally need to be increased /
decreased.
lxi.
Delivery times may vary but will usually be between six – eighteen
weeks from placement of order and receipt of paid deposit, depending on
the nature of the work to be undertaken and work volumes. Delivery times
are not guaranteed.
lxii.
Any designs, drawings and specifications produced on behalf of a
client by C Harris & Son, remain the exclusive property of C Harris & Son
and may not be reproduced by a third party without the express and prior
written permission of C Harris & Son. Any infringement of this may result
in legal action being taken against the client.
lxiii.
In terms of product development and improvement, we reserve the
right to alter or amend our designs and composition of our furniture.
lxiv.
Where a customer supplies a design,
photographs/pictures/dimensioned drawings/sketches, it is the customer’s
responsibility to check if there are any copyrights in place regarding the
design. If any future legal claims, arising for infringement of Copyright
(or other matter) the responsibility will be with the client and not C
Harris & Son. We will not accept any liability for any Copyright
infringement for designs supplied by the client.
lxv.
It is the client’s responsibility to check that all of the details
on an estimate (plus associated drawings/designs) are correct, as the
furniture will be built to size, design and style shown. Any quoted
dimensions are approximate to allow for the natural variations in the
materials used.
These
Terms and Conditions of Trading are governed by and are to be construed in
accordance with the laws of England and Wales
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