Terms & Conditions –
- Explanation of certain words“We”, “us”, “Chalon” refers to Chalon UK Limited, Chalon UK Ltd. Registered Office: Hambridge Mill, Hambridge, Somerset TA10 0BP, United Kingdom.
“You” means the customer we make our agreement with and it includes a person who we believe is acting with your authority.
“Order Confirmation” means a document containing the terms under which an order has been placed.“The Deposit” means the deposit referred to in our Order Confirmation.
“Delivery Date” means the date we specify in our Order Confirmation, or notify to you in writing, when we expect the goods to be ready for delivery to you.
“The Goods” means the products Chalon manufactures and / or suppliers as set out in detail in the Quotation document, unless otherwise specified amongst these terms.“Wrap Date” means the date when the Goods are finished in our workshops.
“Delivery Point” means the delivery address stated in our Order Confirmation.
“Our Premises” means Hambridge Mill, Hambridge, Langport, Somerset, TA10 0BP, England.
“the Price” means the price of the Goods in accordance with our Order Confirmation.
“Pay” and “Paid” means cleared funds for same day value in our bank account at Barclays Bank plc, Exeter Business Centre, Exeter, England.
“Director” means a director of Chalon.
- How a contract is made between us
- A legal contract is made between us when we receive at our Premises your signed copy of our Order Confirmation (provided we have not previously withdrawn it) or you have paid the Deposit.
- These terms and our Order Confirmation set out the whole legal contract between Chalon and you. No other express terms (written or oral) are part of the contract.
- Only a Director is authorised by Chalon to remove, add to or vary any of these terms whether orally or in writing, or agree to accept any offer or counter-offer made by you.
- Any variation or promise that we make not to enforce your obligations under this contract will have no legal effect unless it is in writing and signed by a Director.
- Cancelling the contract
- You cannot cancel this contract (unless we have broken the contract) except with the written consent of a Director.
- If we accept your cancellation your Deposit will not be refunded. This is because the Goods are made to special order and the Deposit represents a genuine pre-estimate of the losses we are likely to incur as a result of your cancellation.
- Occasionally we will be unable, because of inadequate supplies of material or lack of particular skills within our workforce, to make the Goods as we have agreed. In such a case we will seek to discuss and agree a revised contract with you. However, we reserve the right to cancel the contract and return your Deposit. We must exercise this right within a period of 21 days starting on the date we receive your signed copy of the Order Confirmation and Deposit or the date on which we receive detailed designs and drawings, whichever is the later date.
- Your obligations to us
- You must Pay the Price to Chalon in the manner and instalments set out in our Order Confirmation. Because the Goods are made to special order time of payment is the essence of this contract. This means that if you do not Pay on time we have the right to end the contract and take all steps necessary to recover our loss including disposing of the Goods. We also reserve the right to charge you interest at 4% per annum above the base lending rate of Barclays Bank plc from and including the Wrap Date up to and including the date of payment on any part of the Price outstanding. This will apply both before and after any Court judgement we may have obtained against you.
- If we incur any costs (for example, storage charges) as a result of your fault, neglect or delay you must Pay those costs in addition to the Price.
- If you have asked us to arrange carriage or shipping for you, you must pay to us when we ask all costs and charges payable for and relating to such delivery. Chalon makes all such arrangements as your agent.
- If you have designed the Goods, you must attach detailed designs and drawings in a form required by us, and approved by us before this contract, to the Order Confirmation. If you do not do this, and we have not received such drawings in such form within a period of 28 days starting on the date we receive the copy of the Order Confirmation signed by you, we are freed from the contract. We must return the Deposit but you must also Pay to us when we ask all costs and expenses we have reasonably and properly incurred.
- We ask you to carefully examine the Goods immediately on receipt of them and, if you are not entirely satisfied, to notify us in writing within 3 days of your receipt of the Goods, so that we can take any necessary steps to rectify defects. Your legal rights are not affected.
- Delivery of the Goods to you
- We will make every reasonable effort to deliver the Goods to the Delivery Point on the Delivery Date but you should regard the Delivery Date as approximate only.
- We will not authorise delivery or removal of the Goods, from Our Premises, and you will not in any circumstances become the owner of the Goods, until the Price and any other money you owe us has been Paid in full.
- Things you should know about the Goods
- The Goods we supply to you will not materially differ from the Goods you ordered. However, Chalon depends on its own suppliers who may from time to time vary the detailed design or specification of their products, and the Goods may differ in detail from those shown or described in our brochures and drawings or descriptions given to you.
- Where we are to make the Goods (or any parts or components or details) to your design:
- We will not be required to start work until you have supplied or unreservedly approved the designs in writing.
- We will construct and assemble the Goods using reasonable care and skill in accordance with designs you have supplied or approved.
- We will not be liable for any defect in the design or if the Goods fail to serve their intended purpose, so long as we have constructed them with reasonable care and skill to the design you have supplied or approved.
- In relation specifically to Chalon’s Bathroom furniture, we will manufacture and deliver the Goods to you on a supply-only basis. It is your responsibility to organise the installation of the Goods with your plumber / builder. Once we deliver the Goods to site, the liability then passes to you and your plumber / builder.
- Limit of our liability
- In business to business transactions we do not accept liability for indirect or consequential loss, such as loss of profits, business, or any other form of economic loss.
- We do not accept liability for any loss or other claims for compensation arising from any designs or instructions supplied by you which are incomplete, incorrect, inaccurate, illegible, out of sequence or in the wrong form, or arising from their late arrival or non-arrival, or any other fault of yours.
- We will not be liable if, in spite of our reasonable efforts, we cannot do what we have promised because of something which is beyond our reasonable control (such as lightning, fire, flood, exceptionally severe weather, industrial disputes, acts of local or central government, or disruption to suppliers).
- We accept liability for death or personal injury resulting from our own negligence.
- Third party productsThere will be a 10% handling fee, based on the retail price, for any Third Party Appliances or products that you purchase elsewhere and require us to handle, store and / or install into our furniture.Chalon does not enter into Appliance price comparisons and will not guarantee to match prices found elsewhere.
- Third party rightsThird parties cannot benefit from our agreement with you under the Contract (Rights of Third parties) Act 1999.
- Rights in designsAll rights in the design of Chalon Goods and / or in any other Goods we have designed (even though designed to your commission) belong to us. You must not copy or reproduce such Goods (or any part of them) without our prior written permission.
- Applicable lawOur contract with you is governed by the Laws of England and is subject to the exclusive jurisdiction of the Courts of England and Wales.