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These Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions including any terms or
conditions which the Buyer may purport to apply under any purchase order, confirmation of order or similar document. All orders for Goods shall be deemed to be an offer
by the Buyer to purchase Goods pursuant to these Conditions. Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer's acceptance of these
Conditions. Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the
Seller
1. All prices are subject to VAT.
2. Credit accounts are strictly 30 days net by Invoice date.
3. Our minimum order value is £250.00 orders under this amount will incur a surcharge of £25.00
4. All orders are subject to a standard £25.00 delivery charge, excluding Devon, Cornwall and Scotland.
5. A delivery charge of £40.00 is charged for all deliveries to Devon, Cornwall and Scotland. Scotland postcodes which are prefixed KW, HS, IV, PA and PH (except PH1 ‐19
which is £40.00) are all priced on application.
6. Cancelled orders will be charged at 35% of the order value for SPEEDLINE products only, other items will be charged at 50%. Any non standard items including upholstery
will incur a 100% cancellation charge. Orders cancelled within 3 working days of KM Furniture’s order acknowledgement will incur a standard £10.00 charge providing
a standard 3‐4 week lead time was quoted.
6.1 Speedline products will be charged at 35% of the order value.
6.2 Standard items will be charged at 50% of order value.
6.3 Non‐standard items including upholstery will incur 100% of order value
6.4 Time period. Orders cancelled within 3 working days of KM order acknowledgement will incur a
standard £20.00 administration charge if a lead‐time of 4 weeks or less was quoted.
7. Any delivery address that falls within the congestion zone will be charged at the current rate.
8. Any delivery location with restricted access or manages a controlled parking zone, customers must make unloading arrangements withthe relevant authorities
prior to our delivery. Failure to do this KM Furniture will seek the re‐imbursement of any parking penalty.
9. All goods are made to order and therefore not returnable, with the exception of our ‘SPEEDLINES’ range providing these items are returned in a re-saleable condition
returned items will be charged at a 35% restocking fee.
10. Once a delivery has been signed for no claim for shortages will be accepted, however any damaged itemsmust be reported within 48 hours.
11. We reserve the right to charge additional transport or storage costs for any delayed or aborted delivery which has been instructed by the customer.
12. Title of goods will remain with KM Furniture Limited until such items have been paid for in full. All goods supplied to a third party must accept this clause on
‘title of goods’ before releasing.
MAIN TERMS AND CONDITIONS OF SUPPLY
1. All Contracts for work done or goods or services supplied by KM Furniture Ltd (“the Company”) shall be subject to those terms of business and all quotations supplied; orde
rs accepted and work commenced by the Company on behalf of the Buyer shall be exclusively upon these terms unless otherwise specifically accepted by the Company in
writing.
2. No variation in the Contract shall be accepted unless agreed by the Company in writing.
3. The Company shall endeavour to complete the Contract upon such dates or during such periods as may be stated therein, but time shall not be of the essence of any
Contract.
4. The Company shall not accept any responsibility for delay or non-delivery caused by circumstances beyond its control, including acts of God, fire, the elements,
war, civil commotion, strikes or lock‐outs, industrial dispute, shortage of raw materials, shortage of labour, break‐down or partial failure of plant or machinery, late receipt of
the buyer’s specification or other necessary information, acts, orders or regulations of Government, delay or failure on the part of any independent subcontractor supplier or
carrier, or any loss of whatsoever nature.
5. The Company shall not be liable for loss or any kind of expenditure incured in any way attributable to or consequent upon a breach of contract by the Company.
6. Any condition, warranty or statement as to the quality of the goods or their fitness for any purpose whether expressed or implied by statute, custom of the trade
or otherwise is hereby excluded.
7. Unless specified in the Contract, the prices for goods and services supplied shall be the ruling price on the Company’s price list on despatch of the goods. The Company
may charge interest at 2% per month upon all accounts outstanding in any month. Unless specified in the Contract, all prices are “Net ex works”and subject to the addition
of tax.
8. Delivery of the goods to the buyers shall take place upon the receipt by the buyer, or delivery to the buyer’s customer9. No claims shall be considered for any shortage not notified within 3 days of delivery to the buyer or any shorter period as may be specified in the Conditions of Carriage if
delivery is arranged by the Company.
10. The Company may charge the Buyer for the storage of goods not collected within seven days of notification of availability or if the goods are returned by a carrier.
11. Each part delivery or instalment of goods shall be deemed to be sold under a separate contract.
12. Buyers are advised to inspect all material on delivery as no complaint will be acknowledged unless notified in writing within 3 days of delivery. Goods which have been
processed cannot be returned. Defective material is purchased with all faults.
13. The Company shall be entitled without prejudice to its other rights and remedies, either to terminate wholly or in part any or every contract between itself and the
Buyer or to suspend any further deliveries under any of every such contract in any of the following areas:‐
a) If any debt is due and payable by the Buyer to the Company but is unpaid;
b) If the Buyer has failed to provide any letter of credit, bill of exchange or any other security required by the contract, provided that in such event the aforesaid rights of
termination of suspension shall apply only in regard to the particular contract in respect of which the buyer shall have so failed.
c) If the Buyer has failed to take delivery of any goods under any contract between it and the Company otherwise than in accordance with the Buyer’s contractual rights;
d) If the buyer becomes insolvent or being a body corporate has passed the resolution for voluntary winding‐up except where solely for the purpose of reconstruction,
or has suffered an Order of the Court for its winding‐up to be made, or has had a Receiver appointed or being an individual or partnership has suspended payment of his or
their debts in whole or in part or has proposed or entered into any composition or arrangement with his or their creditors or has had a Receiving Order in Bankruptcy made
against him or them. The Company shall be entitled to exercise its aforesaid rights of termination or suspension at any time during which the event or default
giving rise thereto has not ceased or been remedied and, in the event of any suspension, the Company shall be entitled as a condition of resuming delivery under any
Contract between it and the Buyer to require prepayment of or such security as it may require for the payment of the price of any further delivery.
14. The Buyer shall not be entitled to withhold payment of any amount payable under the Contract to the Company because of any disputed claim of the Buyer in respect of
faulty goods or any other alleged breach ofContract, nor shall the Buyer be entitled to set‐off against any amount payable under the Contract to the Company any moneys
which are not then presently payable by the Company or for which the Company disputes liability.
15. The rights of the Company or the Buyer shall not be prejudiced or restricted by any indulgences or forbearance extended by either party to the other, and no waiver
by either party in respect of any breach shall operate as a waiver in respect of any subsequent breach.
16. All notices or written communications shall be deemed to be delivered to the Buyer two days after the date of posting.
RESERVATION OF TITLE:
Following delivery, the goods shall remain the sole and absolute property of the Seller until all debts owed by the Buyer to the Seller (whether part-paid, secured or
otherwise) are settled. The risk in the goods shall be borne by the Buyer from the date of the delivery by the Seller or its agents to the Buyer.
Until full payment has been received by the Company for all goods whatsoever supplied (and all services rendered) at any time by the Company to the Buyer:
a) Property in the goods shall remain with the Company.
b) Should the goods (or any of them) be converted into a new product, whether or not such conversion involves the admixture of any other goods or thing whatsoever and
in whatever proportions, the conversion shall be deemed to have been effected on behalf of the Company and the Company shall have the full legal and
beneficial ownership of the new products, but without accepting any liability whatsoever in respect of such converted goods in relation to any third party and the Buyer here
by indemnified the Company in relation thereto.
c) Subject to (d) and (e) below, the Buyer shall be at liberty to sell the goods and the new products referred to in (b) above, in the ordinary course of business on the basis
that the proceeds of sale shall belong to the Company to whom the Buyer shall account.
d) The Company may at any time revoke the Buyer’s power of sale by notice to the Buyer, if the Buyer is in default in the payment of any sum whatsoever due to
the Company (whether in respect of the goods or any other goods supplied) or services rendered at any time by the Company to the Buyer or for any other reason
whatsoever (or if the Company has bona fide doubts as to the solvency of the Buyer).
e) The Buyer’s power of sale shall automatically cease if a receiver is appointed over any of the assets, or the undertaking of the Buyer or a winding up order is made
against the Buyer, or the Buyer goes into voluntary liquidation (otherwise than for the purpose of reconstruction or amalgamation) or cause a meeting of or
makes arrangement or composition with creditors or commits any act of bankruptcy or allows execution to be levied against its or his goods.
f ) Upon determination of the Buyer’s power of sale under (d) or (e) above, the Buyer shall place the goods and the new products at the disposal of the Company who shall
be entitled, using as is reasonably necessary, to enter upon any premises of the Buyer for the purpose of removing such goods and new products and to remove such
goods and new products from the premises (including severance from the realty where necessary).