Conditions of Sale
- In these conditions, the following expressions shall have meanings respectively shown opposite them:
Corporate Workspace
Corporate Workspace Limited
the customer
the party to whom Corporate Workspace will supply the goods
the contract
the contract between Corporate Workspace and the customer to which these conditions apply
the contract period
the period between the quotation or tender and the delivery of the goods
the goods
the goods supplied to the customer under the contract
delivery date
any date or the date of expiry of any period specified in the contract for the supply of the goods
- Although Corporate Workspace will aim to fulfill all agreed delivery dates, it cannot accept responsibility for any delay, however caused, in meeting any delivery date or failure to deliver by any specific method or by any third-party vehicle or vessel.
- The customer, from the time of delivery, will bear the risk of loss, deterioration of, or damage to the goods. The title of the goods will not pass to the customer until they have paid the contract price in full, and the customer will insure the goods to the full replacement value thereof for the benefit of Corporate Workspace until the property therein has passed to the customer.
- The customer may not withhold payment of any due amount under the contract to Corporate Workspace because of any disputed claim of whatever nature, nor shall the customer offset any amount payable under the contract to Corporate Workspace any monies which are not then presently payable by the Company or for which Corporate Workspace disputes liability.
- If, during the contract period, there is any increase in the cost of the goods used in fulfilment of the contract, including, but not limited to, labour, materials, components, or finished goods, that is beyond Corporate Workspace’s reasonable control, Corporate Workspace will be entitled to charge any such increase to the customer.
- Unless otherwise agreed, the contract price does not include value added or any other tax or levy on the supply of the goods, which will be charged extra.
- Unless otherwise agreed, Corporate Workspace will charge for carriage and installation, which will be subject to quotation.
- Standard payment terms to apply as below, unless varied in the quotation.
01. 50% with order
02. 50% on delivery
- Unless otherwise agreed and stated on the quotation, any sums due to Corporate Workspace under the agreement are payable upon presentation of the invoice by Corporate Workspace.
- In default of payment of any such sums within the period specified, Corporate Workspace will be entitled to charge the customer interest on the amount outstanding at the rate of 1.5 per cent per month above Lloyds Bank base rate or part thereof.
- Corporate Workspace are unable to accept full or partial cancellations to orders placed unless otherwise agreed in writing.
- Where Corporate Workspace agrees to a cancellation, any third-party costs including, but not limited to, transportation, handling, or storage, will become the responsibility of the customer together with any additional associated charges incurred by Corporate Workspace. It is a condition of acceptance of cancellations that the customer shall pay any costs incurred.
- If the customer is unable or unwilling to accept delivery of any part of the goods under the contract on or following the agreed delivery date, Corporate Workspace may facilitate the safe storage and insurance of the undelivered goods at the customer’s expense. Corporate Workspace deems the appropriation or despatch of any or all of the goods for storage to constitute their delivery to the customer.
- Corporate Workspace may charge the customer for any additional cost or expense incurred by Corporate Workspace as the result of any delay or difficulty in off-loading or transporting the goods to the agreed delivery address for reasons outside Corporate Workspace’s reasonable control.
- Corporate Workspace reserve the right to recover any additional costs in the event of delays caused by a third-party contractor or due to unfinished or unsafe site conditions that obstruct free and unencumbered installation or placement of the goods.
- Corporate Workspace reserve the right to pass on all costs, foreseen or otherwise, incurred through international transactions, including, but not limited to, order processing fees, customs declarations, border taxes, and additional transport costs.
- Any provisional sums contained in the quote or tender shall be deemed as an allowance (or best guess) estimate for any item or works that are not sufficiently defined, designed, or detailed to allow an accurate determination of its cost at the time the contract is entered. As such the contract sum may increase or decrease when such information becomes available.
- Notwithstanding condition 3, Corporate Workspace cannot accept any responsibility for the loss or deterioration of or damage to goods in transit, unless full details thereof are given to Corporate Workspace within 48 hours of delivery. All the goods, other than products for installation by Corporate Workspace, should be unpacked carefully and examined immediately. Products for installation by Corporate Workspace should not be unpacked initially but each package should be examined externally for evidence of damage. Where such evidence is found, the products concerned should be unpacked carefully and examined. Photographic evidence of any damage must be forwarded to Corporate Workspace within the timescale mentioned above to enable them to make a claim on the manufacturer.
- The goods must not in any circumstances be returned to Corporate Workspace except in accordance with the prior written consent of Corporate Workspace. Where the property of any of the goods returned to Corporate Workspace has passed to the customer, such goods shall, unless otherwise agreed in writing by Corporate Workspace, remain the property and at the risk of the customer.
- In the event of any of the goods proving, to the satisfaction of Corporate Workspace, to be defective as a result of faulty design, materials, or workmanship, Corporate Workspace shall—provided that it has received a report in writing and photographic evidence of the defect within one year of the delivery of the goods concerned and that, if Corporate Workspace so require, the goods are returned, carriage paid within one month of the expiry of such period—at its option and expense, either remedy the defect, or replace the goods concerned and promptly return them to the customer carriage paid. Except as aforesaid, all conditions, warranties, and representations whether express or implied, statutory, or otherwise in relation to the goods are hereby excluded, if nothing herein shall be deemed to exclude or restrict any of the terms as to the ownership or possession of the goods implied by statute or any liability on the part of Corporate Workspace for death or personal injury resulting from negligence.
- Except as aforesaid, Corporate Workspace shall not be liable for any loss or damage (including costs) however caused, whether direct or consequential, incurred or suffered by the customer in relation to the supply of the goods.
- Unless previously withdrawn, any quotation or tender to which these conditions apply will remain open for the period stated therein or, where no period is so stated for 28 days after its date. Unless otherwise stated on our quotation
- Unless otherwise stated therein any such quotation or tender constitutes an invitation to treat. No binding contract shall arise before Corporate Workspace shall have issued its “Acknowledgement of Order” form in respect of the customers order, and no person acting or purporting to act on behalf of Corporate Workspace has any authority to enter a contract orally for the supply of goods by Corporate Workspace.
- Except as specifically agreed in writing by Corporate Workspace, all the customer’s conditions of contract are excluded, and no variations of the terms and conditions of the contract shall be binding on Corporate Workspace.
- In the event of any conflict or inconsistency between these conditions and any other terms of the contract, these terms shall prevail.
- No person acting or purporting to act on behalf of Corporate Workspace has any authority to waive any of Corporate Workspace rights under the contract orally and no such waiver shall have any effect unless it is in writing and signed on behalf of Corporate Workspace.
- The contract shall be governed by the laws of England and the customer submits to the jurisdiction of the English Courts in relation to all matters arising from or in connection with the supply of the goods.