TERMS AND CONDITIONS OF SALE

Definitions

“Homestyle” shall mean Homestyle Products Limited.

“Goods” shall mean the article or product or any of them that Homestyle is to supply in accordance with these conditions.

“the Buyer” shall mean the person firm or company with whom any contract to sell Goods is made by Homestyle, whether directly or indirectly.

Acceptance of Orders

(a) All contracts of sale made by Homestyle will be deemed to incorporate these terms and conditions to the exclusion of all others (unless varied in writing by an authorised officer of Homestyle) and they shall prevail over any other terms, conditions, undertakings, representations or warranties, whether written or oral, made by any party hereto.

Acceptance of delivery of any Goods supplied by Homestyle will be treated as acceptance of these terms and conditions.

Neither these conditions nor any orders may be varied or cancelled except by agreement in writing by Homestyle.

3. Delivery

Goods will be despatched as soon as practicable and wherever possible in order to meet any date requested by the Buyer.

Time of delivery shall not be of the essence of any contract.

Homestyle will allow customers 7 days to report shortages and damages and 7 days from date of invoice for reports of non delivery. After this, Homestyle cannot accept liability.

Where necessary, Homestyle reserves the right to make partial deliveries.

No further liability will be accepted for failure to deliver the Goods beyond replacing the Goods wherever possible.

Goods may only be returned to Homestyle with written permission in the form of a Homestyle collection note and Homestyle reserves the right to apply a “ handling charge”.

4. Invoices

Goods are invoiced at the prices ruling at the time of despatch. VAT will be added to all Goods or services supplied at the rate in force at the date of the invoice.

Additional Costs

Homestyle will be indemnified for all losses and extra costs incurred as a result of the Buyer’s instructions or failure or delay in taking delivery.

Payment

Payment will be due in full within 30 days of the date of the invoice. Pending such payment Homestyle will be entitled to withhold indefinitely delivery of any further orders from the customer then outstanding without prejudice to any rights Homestyle may have.

Homestyle shall be entitled to invoice each and every partial delivery.

The time of payment shall be the essence of the contract.

Homestyle reserves the right to charge interest at 5% above the base rate from time to time of Barclays Bank PLC on any overdue payments.

Warranty

The goods sold by Homestyle are warranted free from defects in materials and workmanship for a period of twelve months from the date of delivery. We undertake to repair or replace at our discretion all goods supplied less than twelve months old from date of our original supply.

The replacements are charged for and credit supplied on return, subject to inspection, of the faulty items. This provision does not relate to wear due to use and does not affect your statutory rights. Liability for any loss or damage shall be limited to the value of the Goods supplied.

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 Term Act, 1977) all warranties, conditions or other terms implied by statute or common law are excluded to the full extent permitted by law.

Title and Risk

The property or title to Goods shall remain with Homestyle until Homestyle has received payment in full for all Goods. Homestyle reserves the right to recover and/or repossess the Goods and may enter without permission any premises to effect such recovery. The Buyer shall indemnify Homestyle against any loss or damage to the Goods prior to the passing of property therein on or after delivery to the customer.

Notwithstanding that title to Goods may remain with Homestyle, risk of damage to or loss of the Goods shall pass to the Buyer at time of delivery of the Goods or, if the Buyer fails to take delivery of the Goods, at the time when Homestyle has tendered delivery of the Goods.

Force Majeure

Homestyle shall be entitled to delay, cancel or vary delivery if through circumstances beyond its control a shortage occurs or raw materials become unobtainable from normal sources of supply. Homestyle accepts no liability for losses resulting directly or indirectly from force majeure.

General

The Terms and Conditions shall be governed in accordance with English Law.