Terms and Conditions for Furniture and Equipment Sales
1.1. Terms and expressions used in this document shall have the following meanings:
“Agreement” Means this Sale and the generality of any associated formal arrangement agreed between LRL and the Customer for a Sale to take place.
“Assembly” Means the reconstruction of any Goods by LRL or its agent at the Customer’s premises which for whatever reason it was necessary to transport them in their component or modular form.
“Company” or “The Company” Means “London Re-use Limited” (or “LRL”).
“Condition(s)” or “Terms & Conditions” Means the content comprising this Agreement as drawn up and agreed between the Parties.
“Customer” Means the person or entity expressing an intention to purchase Goods viewed and selected either in person whilst at a Re-use Centre or online via the LRL website (www.londonreuse.org) or the LRL eBay site.
“Deliver” / “Delivery” / “Delivered” Means the transportation, either by or on behalf of LRL, of the Goods supplied by LRL from a Re-use Centre or another source, as determined by LRL, to a Delivery address nominated by the Customer.
“Goods” This includes but is not limited to items of free standing office and educational furniture, including desks, storage cabinets, chairs, shelving, racking, server racking and Acceptable Electrical Equipment that is either held in stock by LRL or upon request, has been ordered in or remanufactured on behalf of LRL to a Customers specific requirements.
“Install” or “Installation” Means following Delivery to the Customer’s premises, the proper placing of Goods purchased in accordance with a schedule or plan provided by the Customer, specifying how and where these should be positioned.
“Instruction” Means the formal placing of an order by a Customer with LRL to supply and or Deliver and Install Goods purchased.
“Normal Working Hours” Means 08.30 – 17.00 Monday to Friday, excluding Bank and public holidays.
“Party” Means a signatory to this Agreement in the singular or plural.
“Purchase Order” or “PO” Means a formal written instruction issued to LRL by the Customer officially authorising LRL to proceed with supplying Goods under this Contract of Sale.
“Purchase Order Number” or “PO Number” Means the reference number for a particular Purchase Order (or “PO”), a practice often used by customers as a placeholder within their purchase ledger, prior to production of the Purchase Order document itself. PO Numbers may sometimes be issued to LRL by a Customer to expedite a Collection as a precursor to issue of the Purchase Order itself.
“Re-use Centre” Means the warehouse(s) operated by or on behalf of LRL used to store and display Goods and from which Goods are sold.
“Sale” Means the generality of the entire process through which LRL supplies Goods to a Customer, including Delivery and / or Installation where appropriate, in return for payment.
“Service” or “Services” Means the Services, works and obligations of LRL, and the Customer, as set out in or reasonably implied in this Agreement, including the Sale and delivery of Goods as defined elsewhere within this Agreement.
2. Acceptance of Terms and Conditions
2.1. In the context of this Agreement, these Terms and Conditions shall apply to the exclusion of any terms or conditions stipulated or referred to by the Customer, or may be contained in any previous communication or negotiation relating to the Service and shall be the sole Terms and Conditions under which the Service is provided.
2.2. Acceptance of a quotation provided by LRL for the sale and / or delivery of Goods shall signify acceptance of these Terms and Conditions, and vice-versa.
2.3. Upon acceptance of the Terms and Conditions for each Sale, the Customer shall, if applicable, provide LRL with a PO or PO Number, together with the relavant invoicing address.
3. LRL’s Obligations and Execution of Service
3.1 Prior to providing a quote for the supply of Goods only (i.e. where the Customer collects purchased Goods from a Re-use Centre) LRL shall require basic information from each Customer, such as full contact details, including registered address, plus payment details.
3.2 For LRL to provide a quote for the supply of Goods and where requested, a subsequent Service either to Deliver or Deliver and Install the Goods purchased, the Customer shall supply the following details, as follows:
Full Delivery address including postcode, plus confirmation regarding the floor level (storey) in the Customer’s premises to which Delivery is required;
Detailed instructions, where applicable, of the Customer’s on-site Assembly and Installation requirements.
Detailed information regarding access to the Delivery address, parking facilities and details of any parking restrictions; and,
The date(s) upon which the Service is required.
3.3 When a Delivery and / or Installation is required, LRL will, where necessary and / or viable, organise a site visit(s) to confirm the Delivery details provided.
3.4 In each instance, LRL shall prepare a quotation for a Delivery and /or Installation based upon the entirety of information provided by the Customer and where applicable, the outcome from any subsequent site visit(s) conducted by or on behalf of LRL. Costs shown in all quotes shall be exclusive of VAT, which shall be added at the prevailing rate.
3.5 Written acceptance by the Customer of the quotation(s) shall signify both acceptance of these Terms and Conditions and formal authorisation for the Service to proceed as specified.
3.6 Subject to there being no material changes in the details provided by the Customer between date of issue and the Delivery taking place, LRL quotations shall remain valid and prices held for 30 days. Any material amendment to the details of a job prior to a Delivery taking place, however, shall result in LRL submitting a revised quotation before a Delivery can be made.
3.7 Any failure by the Customer to provide the level of detail required by LRL and / or the Delivery / Installation team prior to a delivery being agreed may retrospectively impact the costs originally quoted by LRL, should it later emerge that the information provided was insufficient, inaccurate and / or misleading.
3.8 For Services valued at £2,500 or more (excluding VAT) LRL may require the Customer to pay a deposit of 25% upon accepting a quotation. LRL will net-off the amount of the deposit against final balance, if invoicing for the Service is executed following completion of the work.
3.9 Assuming all Customer obligations have been met as specified Section 5 (Additional Charges), and there have been no material changes between issue of quotation and the agreed Delivery date (see para 3.6 above) LRL shall arrange the Service(s) as agreed, based upon information provided by the Customer.
3.10 Where a Delivery and / or Installation is scheduled to take place and the Delivery team determines upon arrival on site that the access arrangements are materially different to those originally quoted for by LRL, LRL will apply additional charges additional charges to cover the additional time and resource necessary to accommodate amended access arrangements. A schedule of additional charges is shown under Section 5.
3.11 The Service shall be carried out during Normal Working Hours as defined in Section 1.1 (above). However should a Customer require the Service to take place outside of Normal Working Hours, an extra charge shall apply. In such circumstances, LRL shall provide the bespoke quote taking into account the resources required for each specific Service – see Section 5 below (Additional Charges).
3.12 LRL has access to a fleet of vehicles within the wider London Re-use Network and special arrangements with certain hauliers, and will strive to use the most appropriate size of vehicle to offer a cost effective service for Customers.
4. Customer Obligations
4.1 Should the Customer need to cancel a confirmed Delivery, the following notice periods shall apply:
4.1.1 Where a Delivery has been agreed within 48 hours (i.e. 2 full working days) or less of the agreed Delivery date, the Customer shall provide 24 hours notice.
4.1.2 Where a Delivery has been agreed with more than 48 hours lead time, the Customer shall provide at least 48 hours notice (i.e. 2 full working days) prior to the day for which the Service was agreed.
4.1.3 A fee as detailed in Section 5 (Additional Charges) shall be charged if less than the required notice period is given for both scenarios above (4.1.1 and 4.1.2).
5.1 Payment shall normally become due either in advance or immediately upon completion of the Service(s). However, if LRL and the Customer have agreed in writing to an alternative invoicing payment schedule prior to the provision of the Service, then the Customer shall pay all invoices no later than 14 calendar days following the date of issue.
5.2 Should payment of any undisputed invoice not be made in full by the Customer in accordance with this Agreement, LRL may charge interest on the outstanding amount from the due date until full payment is made at the rate of three per cent above the base lending rate as published from time to time by Barclays Bank. LRL reserves the right to pursue, through the courts, any invoices that despite reasonable efforts by LRL to secure payment through normal means, the Customer has not paid.
6. Additional Charges
Non adherence to Terms and Conditions Charge:
6.1 Out of hours service
6.1.1 Where a Service is required:
prior to 08.00 or after 17.00 Monday to Friday
Any time on a Saturday; or,
Any time on a Sunday.
Extra charges will be calculated per individual Sale and / or Delivery
6.2 Delivery is required to floors or areas of the Customer’s premises other than those originally specified.
6.2.1 Where upon arrival at the Delivery address, the Delivery team is asked to Deliver Goods other than to the floor level (storey) originally specified, LRL shall be entitled to apply a surcharge, as appropriate, to cover the additional costs of time and resources necessary to complete the Delivery. Between 25% and 50% of the total price agreed upon for the Delivery, at LRL’s discretion.
7. Force Majeure
7.1. In this Clause, “Force Majeure” means an event beyond the control of LRL and / or the Customer, which prevents either of the Parties from complying with any of its obligations under this Contract, including but not limited to:
7.1.1 Act of God (such as, but not limited to, fires, explosions, earthquakes, drought, tidal waves and floods).
7.1.2 War, hostilities (whether war be declared or not), invasion, act of foreign enemies, mobilisation, requisition, or embargo.
7.1.3 Rebellion, revolution, insurrection, or military or usurped power, or civil war.
7.1.4 Contamination by radio-activity from any nuclear fuel, or from any nuclear waste from the combustion of nuclear fuel, radio-active toxic explosive, or other hazardous properties of any explosive nuclear assembly or nuclear component of such assembly.
7.1.5 Riot, commotion, strikes, go slows, lock outs or disorder, unless solely restricted to employees of the Supplier or of his Subcontractors; or
7.1.6 Acts or threats of terrorism.
7.2. Consequences of Force Majeure Event.
7.2.1 Neither LRL nor the Customer shall be considered in breach of this Contract to the extent that performance of their respective obligations is prevented by an Event of Force Majeure that arises after a quotation has been accepted.
7.2.2 The Party (the “Affected Party”) prevented from carrying out its obligations hereunder shall give notice to the other Party of an Event of Force Majeure upon it being foreseen by, or becoming known to, the affected Party.
7.2.3 If and to the extent that either Party is prevented from fulfilling its obligations under this Contract by the Event of Force Majeure, while they are so prevented they shall be relieved of their obligations to provide the Services but shall endeavour to continue to perform any other obligations under the Contract, so far as reasonably practicable and in accordance with best practice, always provided that either Party makes reasonable efforts to perform their full obligations under this contract the earliest opportunity thereafter;
7.2.4 Any costs incurred will be borne by the Party bearing the same; and,
7.2.5 If for whatever reason, the delay should extend beyond six weeks, either Party may terminate the contract on giving written notice to the other.
8. Governing law and jurisdiction
8.1. This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law.
8.2. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).