Terms & Conditions of Highly Sprung Limited
CONDITIONS OF SALE
These conditions apply to the sale of goods by Highly Sprung Limited ("the Company") and can be varied only in
writing signed by a Director of the Company. The Laws of England shall apply to this Agreement.
1. PAYMENT TERMS
Goods must be paid for in full prior to delivery or collection in a form and at a time acceptable to the
Company. In the case of made to order goods a minimum deposit of 50% of the total Worksheet value is
payable on order.The balance plus storage fees (If any) will be payable on notification by the Company that
the goods are ready for delivery or collection. In the case of all other goods full payment is required with the
order. Cheques require a minimum of five working days for clearance prior to the release of goods for delivery
or collection. If a customer wishes to pay for the balance of purchase price by installment credit he must
notify the Company at the time of order. All orders in respect of goods sold on installment credit are
conditional upon the receipt of approval from the Company. The Company reserves the right to charge
interest at the rate of 21/4% per month or part thereof on sums due to it which remain unpaid.
2. SPECIFICATION
Every effort will be made to supply goods to sample size and colour. The Company cannot be held
responsible for slight variation which may occur. Should any fabric not be available the Company will notify
the customer and permit the customer to choose an alternative fabric from its then current range of fabrics.
In the event that the fabric ordered differs in price from the replacement fabric an adjustment upwards or
downwards of the price will be made and any adjustment will be payable or allowable (as the case may be)
in the final payment. In the event that no fabric satisfactory to the customer is available the customer has the
right to cancel the contract within seven days of being notified by the Company that the fabric of the
customers original choice Is not available and the deposit placed on order shall be refunded.
3. COMPLETION DATES
These are approximate only and do not form any term or condition of this Agreement. Every effort will be
made to adhere to these estimates but the Company accepts no liability for any direct or indirect loss arising
from delay.
4. DELIVERY
All deliveries are subject to the provisions of this clause.The Company will undertake the cost of the insurance
of the goods in transit of the customer.Customers must ensure that the goods ordered will fit through all doors
and that delivery is otherwise unobstructed and that all valuables are safeguarded from accidental
damage. A charge will be made for special deliveries or re-deliveries resulting from broken appointments.
Appointment times are approximate only. In the event of exceptionally difficult deliveries customers or their
agents are required to sign a damage disclaimer. Failure to sign such disclaimer will result In the goods being
returned to the Company's warehouse where they will be made available for collection by the customer
during normal business hours.
5. PROPERTY IN GOODS
Notwithstanding that the Company may deliver the goods to the customer the property in the goods shall
not pass to the customer until the Company has received in cash or cleared funds payment in full of the price
of the goods and in the event that delivery may have been made prior to payment by the customer in full
the customer shall not hold the goods as the Company s fiduciary agent and bailee.
6. STORAGE
Customers must take delivery of goods within one month of being advised by the Company that they are
ready for delivery.Thereafter the Company reserves the right to charge a storage fee of £25 per week or part
thereof per item. This fee will be deducted from the total monies received from the customer at that date on
a weekly basis thereby increasing the balance which is payable prior to delivery or collection. In the event
that the accumulating storage tee shall exceed the total amount of monies received the Company will
terminate this Agreement without notice. At such point the Company will put the goods into stock for resale
and retain all monies received by way of liquidated and ascertained damage.
7. LIABILITY
Every effort will be made to supply goods of sound workmanship and quality. No subsequent claims for
delivery damage or visible marks can be entertained. Subject as herein contained and except where the
goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977
all warranties conditions or other terms implied by statute or common law are excluded to the fullest extent
permitted by law. In any event the Company's liability shall not exceed the original value of the goods.
8. FABRICS
Some fabrics are harder wearing than others and the Company gives no warranty that a particular fabric
will suit a customer's intended use better than another. Cleaning instructions for each fabric are contained
in manufacturers' sample books which are available for inspection on the Company's premises during
normal business hours. Customers own fabric is accepted at the customer s own risk.
9. CANCELLATION
The Company cannot accept cancellation of an order once it has been given either in whole or in part.