CONDITIONS OF SALE
1.1 These conditions shall apply to all contracts for the sale of goods or supply of services by the seller, Thornhill Galleries (“The Seller”) to the buyer to the exclusion of all other terms and conditions including any order confirmation or similar document.
1.2 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.
2. The Seller shall not, unless expressly agreed, be obligated to deliver and install goods sold to the Customer. If the Seller agrees to do so time shall not be of the essence to the contract.
3. If owing to industrial dispute or any cause outside the Seller’s control, the Seller is unable to deliver the goods within the time specified then the period shall be extended by such further time as maybe reasonable in the circumstances.
4. (a) Whilst any description given by the Seller in relation to the provenance of any of the goods is based on information believed to be accurate, the buyer should not place reliance on any such description.
(b) The Seller warrants that the goods shall be of satisfactory quality and fit for the purpose for which goods of the same kind are commonly required.
(c) Any claim by the buyer which is based on any defect in quality or condition of the goods or workmanship or of the goods failure to correspond with specification shall (whether or not delivery is refused by the buyer) be notified to the Seller within 7 days from the date of delivery (or where the defect or failure was not apparent on reasonable inspection) within a reasonable time after the discovery of the defect or failure. If delivery Is not refused, and the buyer does not notify the Seller accordingly, the buyer shall not be entitled to reject the goods and the Seller shall have no liability for such defect or failure, and the buyer shall be bound to pay the price as if the goods had been delivered in accordance with the contract.
(d) Subject as expressly provided in these conditions, and except where the goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1997), all warrantees conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
(e) Where the goods are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976) the statutory rights of the buyer are not affected by these conditions.
5. (a) The price of the goods shall be that stated on the estimate or otherwise stated by the Seller but such price shall not include the costs of delivery, VAT or cost of installation of the goods unless so stated on the estimate.
(b) Payment of the full amount of the price plus the cost of delivery and installation shall be payable prior to delivery unless otherwise agreed in writing. If the buyer fails to make payment accordingly the Seller shall be entitled to charge interest on the overdue amount at a rate equal to the rate charged to the Company from time to time by its Bankers plus 2 percent for the period until payment is made.
RISK AND PROPERTY
6. (a) Risk in the goods shall pass to the buyer upon delivery.
(b) Property in the goods shall not pass to the buyer until payment in full is made to the Seller, and until payment is made the buyer shall hold the goods as bailee and shall take all responsible care thereof whilst in his possession.
7. If any sum payable under contract shall remain unpaid for more than 30 days then in addition to any other legal remedy available to the Seller, the Seller shall be entitled to enter the buyer’s property and recover the goods, pursuant to Claus 6(b) above and the Seller, using reasonable care shall not be liable for any damage caused to the buyer’s property in the course of recovering the goods.
8. Once goods are due for delivery and available for such delivery, the Seller shall (if the buyer is unable or unwilling to take such delivery be entitled to recover storage charges as it consider reasonable covering the period to the time when delivery is effected.