TERMS OF SALE
1 “Balance” means the sum stated on the Order.
“Customer” means the customer identified on the Order.
“Deposit” means the amount specified on the Order.
“Order” means the purchase order overleaf.
“Price” means the total price for the goods (including delivery) as specified on the Order.
“Goods” means the items of furniture and other products detailed on the Order.
“Satisfaction Note” means the document confirming that the Customer has received delivery of or collected the goods in satisfactory condition.
2 – Home Max Furniture is the seller and supplier of the goods to the customer.
3 – Subject to Term 11. No order which has been accepted by Home Max Furniture may be cancelled by the Customer except with the agreement in writing of Home Max Furniture where either (a) cancellation (other than by virtue of term 11) is agreed and there has been no fault on the part of Home Max Furniture or (b) without cause or justification, the Customer refuses to sign a Satisfaction Note or refuses to accept delivery of or (where agreed) to collect goods or cancels the Order or otherwise defaults in his obligations under the Order. Home Max Furniture reserves the right to retain all or part of sums paid by the Customer and where no deposit or other sums are paid prior to refusal, cancellation or default to recover a cancellation charge from the customer in both cases to the extent of not more than the loss, costs and expenses sustained by Home Max Furniture as a result of the Customers act or omission. Where an Order is cancelled either (c) under Term 11 or (d) by the Customer if Home Max Furniture has failed to comply with its obligations to the Customer Home Max Furniture may retain any sums (including deposit) paid by the Customer for the principal purpose of Home Max Furniture making a refund to the Customer. In such circumstances Home Max Furniture is only entitled to retain any balance to the extent it is permitted to do so under these Terms or by law or by agreement with the Customer.
4 – Home Max Furniture will advise the Customer when goods are available for delivery or collection and request payment of the Balance. This applies whether or not the Customer has taken out a personal loan or credit agreement with a third party finance provider.
5 – Home Max Furniture will not deliver the goods or make them available for collection until it receives confirmation that cleared funds for the total price have been received. Payment must be received to allow funds to clear, which normally requires a minimum four working days. Delivery on the notified delivery date or availability for collection is subject to this requirement.
6 – On delivery or collection of goods the Customer must (when the goods are in satisfactory condition) sign a Satisfaction Note.
7 – Home Max Furniture shall continue to own the goods until the Customer has made full payment of the Price. If the goods remain undelivered/uncollected 14 days after Home Max Furniture has attempted delivery. It applicable, or advised that the goods are ready for collection, Home Max Furniture retains the right , not less than 21 days after writing to Customer advising on its intentions, to sell or otherwise dispose of the goods.
8 – Delivery of goods shall be affected as follows:
(a) Where the customer collects the goods from Home Max Furniture at the time and place of collection.
(b) Where Home Max Furniture agrees to deliver the goods, at the time of delivery to the address for delivery agreed by the customer.
Where the customer collects the goods and has signed a satisfaction note, Home Max Furniture will have no responsibility for any fault or damage reported after collection unless such fault or damage would not be disclosed on a reasonable examination of the goods at the time of collection.
9 – Home Max Furniture reserves the right to effect delivery anywhere within the customers delivery address, although Home Max Furniture will take account any reasonable request of the customer.
10 – Home Max Furniture shall unless the customer requests otherwise, remove all packaging to allow the customer to examine the goods. Home Max Furniture shall not be liable or be required to accept return or repair of goods in respect of damage or other defects where the customer has signed a satisfaction note at delivery and a reasonable examination at delivery would have disclosed such damage or defect.
11 – Home Max Furniture shall unless the customer for delay in delivering or inability to fulfil the order because of circumstances out with the reasonable control of Home Max Furniture. If Home Max Furniture cannot deliver (or part delivery) within two months after the quoted date for the foregoing reasons, either Home Max Furniture or the customer shall, without any liability to the other, be entitled to cancel the order or the part of it so affected.
12 – Whilst every reasonable effort is made to ensure colour matches. Materials do vary from one batch to another. An exact colour match cannot be guaranteed but will be within British Standard tolerances.
13 – The price of goods specified on the order shall be subject to any variation required in consequence of any increase in the amount of VAT or other levy or imposts which Home Max Furniture may be compelled to charge at the date of delivery or collection of the goods.
14 – Subject to Terms 8 and 10 patent detects must be informed to Home Max Furniture within 72 hours of delivery or collection.
15 – The Law of Scotland shall apply.