If the delivery fails due to customer unavailability to receive and
sign for the goods any such goods will be returned to the
appropriate depot and a delivery charge of 12.5 % of the order value
will be levied for redelivery. In addition a storage charge of 5% of
the order value will be levied per week or part thereof until a
successful delivery is completed. Please see condition 4.1.
5. Damaged goods or incomplete deliveries
5.1 It is your responsibility to inspect the goods upon delivery and
immediately report any damage or shortage by noting it on the
delivery note/installation report (delivery notes/installation
reports endorsed "unexamined", "installed satisfactorily",
"undamaged", or similar, will be taken by both parties to confirm
that the goods were delivered and/or installed in good condition)
and by contacting SEI Ltd customer care department on 01908 648284.
If you fail to do this then you must notify SEI Ltd by email within
48 hours of delivery of any apparent damage or missing goods. Please
note that under no circumstances will liability be contemplated by
us in respect of damaged goods or shortages unless an emailed
notification is received by SEI Ltd within 48 hours of delivery.
6. Acceptance and/or return of undamaged goods
6.1 We take all reasonable care to ensure that the details,
descriptions, dimensions and prices of goods appearing on the SEI
Ltd website are as accurate and up to date as possible. However, if
you are dissatisfied with your purchase for any reason whatsoever
you may, within seven (7) working days after the day of delivery of
said items, notify our customer service department by email that you
would like to return the goods, SUBJECT TO THE EXCEPTIONS SET OUT IN
CLAUSE 6.3 BELOW.
6.2 It is your responsibility to pay for and arrange the return of
the goods, "as new", and with the original packaging. Any money
which SEI Ltd has received from you in relation to the returned
goods will be refunded in full to you within 30 days of receipt of
the goods by us, provided that the goods are in the same condition
they were in at the time of delivery. If no emailed notification
stating that you wish to return the goods has been received by SEI
Ltd within seven working days after the day of delivery, you shall
be deemed to have accepted the goods and be liable for any sums
still owed to us.
6.3 Orders that involve goods that have been made to order or which
involve computer software can only be cancelled within 24 hours of
the order being accepted by us in accordance with clause 2.1
7. Warranties and liability
7.1 All goods supplied by SEI Ltd come with a 12 month
manufacturer's warranty covering structural defect unless stated
otherwise. This does not include where the defect is caused by you
through accident, negligence or misuse. SEI Ltd shall provide you
with such information as is required to claim under the
manufacturer's warranties. In the event of a claim, you should in
the first instance contact our customer service department on 01908
648284.
7.2 Notwithstanding that payment of all sums shall be due at the
time of the order, interest on any overdue or outstanding sums shall
accrue from day to day from the date when payment becomes due until
the date of payment, at the rate of 6% above Barclays Plc's base
rate from time to time in force, and shall accrue at such a rate
after, as well as before, any court judgment. This clause does not
affect our statutory rights.
7.3 Where goods are manufactured by SEI Ltd to the Buyer's design,
the Buyer warrants and represents that such design does not infringe
any design rights or other intellectual property rights of any third
party and hereby agrees to indemnify SEI Ltd against any loss or
damage which SEI Ltd may suffer as a result of any claim brought
against it by a third party alleging infringement of its design or
other intellectual property rights.
7.4 Insofar as is permitted by law, SEI Ltd only liability to you
under these terms and conditions will be to make good any shortage
or non-delivery, or to replace or repair any goods which are
received by you in a damaged or defective state or, if appropriate
and in accordance with these terms and conditions, to refund to you
any sums actually paid by you for the goods in question. SEI Ltd
total liability to you (save for death or personal injury) for any
one claim or for the total of all claims arising from one act or
default of SEI Ltd (whether arising from SEI Ltd negligence or
otherwise) shall not exceed the price of the goods in respect of
which the claim is made.
7.5 SEI Ltd will not be liable to you, in contract, tort, or
otherwise out of or in connection with these terms and conditions,
for any indirect or consequential loss, loss of reputation or
goodwill, or damage arising out of any problem that you notify to
us. Examples of indirect or consequential loss include but are not
limited to loss of profits, loss of time, loss of contracts, or
damage to property of the Buyer.
7.6 Where the goods are to be delivered in instalments, each
delivery shall constitute a separate contract and failure by SEI Ltd
to deliver one or more instalment in accordance with these terms and
conditions shall not entitle the Buyer to treat the contract as a
whole or in part as repudiated. SEI Ltd shall use its reasonable
endeavours to meet any date agreed for delivery, but in any event
time of delivery shall not be of the essence. SEI Ltd reserves the
right to sub-contract all or part of work arising form an order as
it deems necessary.
7.7 Unless otherwise stated, the price of the goods includes one
delivery in the UK (mainland). If an agreed delivery is refused or
not completed, through the fault of the Buyer, and has to be
re-delivered, a surcharge will be made amounting to 10% of the price
for the goods, subject to a minimum of £50.
7.8 Should the Buyer not comply with these terms and conditions, SEI
Ltd reserves the right to cancel or suspend an order or contract
and the Buyer shall be liable for the costs of work completed and
expenses incurred by or on behalf of SEI Ltd . Furthermore, the
Buyer hereby agrees to indemnify and hold SEI Ltd harmless, on
demand, from and against all claims, liability, damages, losses,
costs and expenses, including reasonable legal fees, arising out of
any breach of these terms and conditions by the Buyer.
8. Title and risk
8.1 Risk of damage to or loss of the goods shall pass to the Buyer
upon delivery, or if the Buyer or his nominee wrongfully fails to
take delivery of the goods, the time when SEI Ltd has delivered the
goods.
8.2 Notwithstanding any other provision herein, title in the goods
shall not pass to the Buyer until SEI Ltd has received in cash or
cleared funds payment in full of the price of the goods (and any
additional costs arising pursuant to these terms and conditions)
agreed to be sold by SEI Ltd to the Buyer for which payment is then
due.
8.3 Until such time as title in the goods passes to the Buyer, the
Buyer shall hold the goods as SEI Ltd fiduciary agent and bailee and
shall keep the goods separate from those of the Buyer and third
parties, and properly stored, protected and insured and identified
as SEI Ltd property. Until such time as title in the goods passes
to the Buyer, SEI Ltd shall be entitled at any time to require the
Buyer to deliver up the goods to SEI Ltd and, if the Buyer fails to
do so forthwith, to enter upon any premises of the Buyer or third
party where the goods are stored and repossess the goods.
8.4 The Buyer shall not be entitled to pledge or in any way charge
by way of security for any indebtedness any of the goods which
remain the property of SEI Ltd, but if the Buyer attempts to do so
all monies owing by the Buyer to SEI Ltd shall (without prejudice to
any other right or remedy of SEI Ltd immediately become due and
payable.
9. General
9.1 SEI Ltd 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 reasonable control, including but not
limited to strikes, lock outs, accidents, war, fire, reduction in or
unavailability of power at our premises or manufacturing plants,
breakdown of plant or machinery or shortage or unavailability of raw
materials from a natural source of supply, and SEI Ltd shall be
entitled to a reasonable extension of its obligations.
9.2 Any notice required or permitted to be given by either party to
the other under these terms and conditions shall be in writing and
in the case of notices to SEI Ltd, addressed to Space Efficient
Interiors Ltd at PO Box 5493 Bletchley Milton Keynes MK3 5XJ or fax
number 01908 639939, or by email to
sales@spaceff,com , or in the
case of notices to the Buyer, at the Buyer's postal address, fax
number, or email address as provided to SEI Ltd.
9.3 No statement, description, warranty, condition or recommendation
contained in any catalogue, price list or advertisement or
communication made verbally by any of the agents or employees of SEI
Ltd shall be construed to enlarge, vary, amend or override in any
way thereof any of these terms and conditions, unless expressly
confirmed in writing by a director of SEI Ltd as so doing. The Buyer
hereby confirms that, in agreeing to be bound by and abide by these
terms and conditions, he has not relied on any representation save
insofar as the same has expressly been made a term of these terms
and conditions and the Buyer agrees that he shall have no remedy in
respect of any representation.
10. Additional costs
10.1 The Buyer agrees to pay for any loss or extra cost incurred by
SEI Ltd through the Buyer's instructions or lack of instructions or
through failure or delay in taking delivery or through any acts or
default on the part of the Buyer, its servants, agents or employees.
11. Waiver
11.1 No waiver by SEI Ltd of any provision or term or condition
herein shall be construed as a waiver of any preceding or succeeding
breach of any provision, term of condition.
12. Proper law of contract
12.1 This contract shall be governed by the laws of England and
Wales and any dispute, question or remedy howsoever arising
determined exclusively by the English courts.