This Agreement is between Stella Nelby Interiors Limited (“Stella Nelby Interiors”) and you the (“Customer”) 2016.
1. Acceptance of these terms is signified and implied by the Customer ordering goods either verbally, by telephone, fax or in writing. No variation there shall be effective unless agreed to in writing by Stella Nelby Interiors.
2. This contract contains the entire agreement between us. All the descriptions in our brochure, showroom premises, website or other advertisement material are intended to present a general idea of the goods and services and none of these shall from part of the contract.
3. In all cases where Stella Nelby Interiors undertake design or layout work, or where advice is given to Customers own drawings, specifications, descriptive matter and dimensions are to be treated as approximate only.
4.1 Delivery and starting dates are given as estimates only and may be extended if delay is caused by suppliers, or instructions, or lack of instructions from the Customer or by any cause beyond the control of Stella Nelby Interiors.
4.2 Delivery dates are estimates only, but Stella Nelby Interiors cannot guarantee delivery on any specific date and time shall not be of the essence. Non-arrival of goods by a specific date cannot be accepted as a reason for refusal to accept delivery or the basis of a claim for damages against Stella Nelby Interiors.
4.3 Good should be examined by the Customer on arrival and any damage or shortage noted by the Customer on the Carrier’s delivery note. Both Stella Nelby Interiors and the carrier must be advised by the Customer of such damage or shortage in writing within 3 days of the arrival of the goods.
4.4 Stella Nelby Interiors shall at its own discretion replace or repair any goods found by it to be defective provided that such a defect did not arise from any act or omission on the part of the Customer or its agents or servants.
4.5 The Customer shall be responsible for all transit cots incurred in the return of the same to Stella Nelby Interiors and/or of redelivery to the Customer thereof by Stella Nelby Interiors together with all costs expenses and overheads incurred by Stella Nelby Interiors in dealing with such complaint including the cost of storing the goods whilst at Stella Nelby Interiors premises.
4.6 Stella Nelby Interiors shall be entitled to change such costs and charges at its current rates and the Customer shall reimburse Stella Nelby Interiors thereof on demand.
5. Cancellation of an order already accepted by Stella Nelby Interiors will be accepted only, at our discretion and Stella Nelby Interiors may charge for all the work carried out or expenses incurred in connection with the order before acceptance of the cancellation.
6.1 An immediate deposit is required as detailed in writing by Stella Nelby Interiors with stage payments as agreed with Stella Nelby Interiors depending on length of project and balance due prior to delivery of goods or services.
6.2 All prices quoted are exclusive of VAT and are expressed in pounds sterling. VAT will be charges at the rate applicable at the date of invoice.
6.3 In the event of variation or suspension of work by the Customer’s instructions or lack or instructions, the contract price will be adjusted accordingly.
6.4 Stella Nelby Interiors reserve the right to pass on any bank charges to the Customer incurred in the event of dishonoured cheques. Should an account be passed to an outside Debt Collecting Agency, we reserve the right to pass on any expenses incurred to the costumer.
6.5 The risk of the goods shall pass to the Customer; on surrender of the goods into the hands of the Customer, his agent the independent Carrier as the case may be.
6.6 All goods remain the property of Stella Nelby Interiors until full payment for the goods and all other items ordered from Stella Nelby Interiors is received.
6.7 Until Stella Nelby Interiors has received full payment for the goods of the Customer, the Customer shall keep the goods separate from the rest of its assets and mark the packaging of the good clearly.
6.8 These conditions shall be governed and construed in accordance with the laws of England and Wales, and Stella Nelby Interiors and the Customer irrevocably submit to the jurisdiction of the English Courts. If any provisions is held to be unlawful by the courts that clause should be seen as removed and the remainder of these terms and conditions continue to apply.
7. Proprietary Rights:
7.1 All concepts, drawings and specifications prepared by Stella Nelby Interiors and all copyrights and other proprietary rights applicable thereto remain at all times Stella Nelby Interiors property. Project Documents may not be used by the Customer for any purpose other than completion of Project by Stella Nelby Interiors. Stella Nelby Interiors reserves all common law, statutory and other rights, including copyrights, to its designs and plans. The Costumer agrees not to use or reproduce in any form or disclose to any third parties the designs and plans provided under this Agreement without the prior written of Stella Nelby Interiors.