TERMS AND CONDITIONS OF SALE

By using the Website you are agreeing to the Terms and Conditions without modification. Usken reserves the right to vary the Terms and Conditions at any time without notice. You are therefore advised to review the conditions of use on a regular basis as you will be deemed to have accepted variations if you continue to use the Website after variation.

Terms

1. In these Conditions:
The Buyer means the person, firm, company or other organisation who or which has ordered Products from the Seller.

The Seller means Usken, The Coach House, 138 Wingfield Road, Stoke, Plymouth, Devon, PL3 4ER.

The Contract means the contract for the sale and purchase of Products between the Seller and the Buyer comprising the written quotation of the Seller that is accepted by the Buyer or any written order of the Buyer that is accepted by the Seller whichever first occurs.

The Products means any items produced or supplied by the Seller (including, but not limited to, furniture constructed from timber products. Please see our web site for full details of services offered).

Finishes:
The Seller cannot be held responsible for any change in grain or colour between the pictures used on this site and the veneered product. Veneer samples are available althoughsupply depends on stock and cannot be guaranteed.

Wood is a natural material and as such even the same specie will vary in colour, figuring and other qualities. We endeavour to match as closely as possible real wood veneers intended for the same customer, but cannot guarantee exact matches.

We clearly display the real wood laminates available as finishes and, if chosen by a customer, can generally expect a slightly more uniform finish due to its mass manufacturing.

Back orders:
Products available online: If your item uses any material considered rare and availability is limited, we will inform you of the expected delay and back order for you. You will be phoned or e-mailed within three working days if this is the case and given the option to cancel your order if you would rather not wait.

Bespoke furniture: If your item uses any material considered rare and availability is limited, we will inform you of the expected delay during the initial design consultation process to allow you to consider any alternatives.

Guarantee:
All products are guaranteed for one year subject to normal domestic use. Care instructions will be included with each order. The Seller will not be held accountable, but will apply the warranty given by a supplier to all mechanical and motorized parts, purchased by us for your furniture upon the date of purchase of the part.

Damages/Returns:
All goods must be checked thoroughly prior to signing for them at time of delivery as neither the Company nor their couriers can be held responsible for any claims for damages/shortages arising thereafter. Usken will not refund, exchange or repair free, goods where the customer has changed their mind about wanting the goods or damaged or marked the goods which were of merchantable quality when first purchased or delivered.

Replacement for damages/defective goods will only be considered upon receipt of a written description of the problem and photographic evidence. An inspection of the product may take place via the most appropriate means deemed by Usken, at a mutually convenient time. If a return is agreed, the product must be returned by the purchaser by the same means as its delivery from Usken, failing which a charge of 20% of the purchase price of the goods will be levied by the Company.

Conditions

1. Acceptance - ALL SALES ARE SUBJECT TO AND EXPRESSLY CONDITIONED UPON THE TERMS AND CONDITIONS CONTAINED HEREIN, WHICH ARE ACCEPTED BY THE BUYER UPON PLACING OF AN ORDER FOR PRODUCT(S) WITH THE SELLER WHICH ORDER IS CONFIRMED BY THE SELLER.

2. Changes - Orders arising hereunder may be changed or amended only by written agreement signed by authorised representatives of each of the Buyer and the Seller, setting forth the particular changes to be made and the effect, if any, of such changes on the price and time of delivery.

The Buyer may not cancel this order unless such cancellation is expressly agreed to in writing by the Seller. In such event, the Seller will advise the Buyer of the total charge for such cancellation, and the Buyer agrees to pay all charges imposed on the Seller by its suppliers, and any other cost resulting from cancellation of this order by the Buyer.

3. Claims, delays - The Seller shall bear all risk of loss or damage in transit of materials sent to the Buyer. All physical materials sent to the Buyer from the Seller will be sent at the Buyer's expense by means specified prior to dispatch. If additional Shipping and Handling Charges are quoted or invoiced, they will include charges in addition to actual freight costs and will have been agreed in writing with the Buyer prior to dispatch. immediately upon the Buyer's receipt of any product(s), the Buyer shall inspect the same and shall notify the Seller in writing of any claims for shortages, defects or damages and shall hold the goods for the Seller's written instructions concerning disposition. If the Buyer shall fail to so notify the Seller within three days after the goods have been received by the Buyer, such goods shall be deemed to have been irrevocably accepted by the Buyer.

The Seller shall not be liable for any loss, damage or penalty as a result of any delay in or failure to manufacture, deliver or otherwise perform hereunder due to any cause beyond the Seller's reasonable control.

4. Allocation of goods - If the Seller is unable for any reason to supply the total demands for goods specified in the Buyer's order, the Seller may allocate its available supply among any or all of the Buyers on such basis as the Seller may deem fair and practical, without liability for any failure of performance which may result therefrom.

5. Payment - Terms of sale are for immediate payment in full, unless otherwise stated. If the financial condition of the Buyer indicates to the Seller that the purchase price may not be recoverable from the buyer, the Seller may, without notice to the Buyer, delay or postpone the delivery of the product(s); and the Seller may request payment in full or in part in advance of shipment of the entire undelivered balance of said product(s). In the event of default by the Buyer in the payment of the purchase price or otherwise, of this or any other order, the Seller, at its option, without prejudice to any other of the Seller's lawful remedies, may defer delivery or cancel this Contract. The Buyer agrees to pay all costs, including, but not limited to, reasonable design fees, workshop labour fees, materials and delivery of materials costs and other expenses of collection resulting from any default by the Buyer in any of the terms hereof.

6. Taxes and other charges - The price of the products will be the Seller's quoted price inclusive of valued added or other taxes, which shall be charged by the Seller if entitled to do so by operation of law.

7. Pricing - Prices shown are in UK pounds sterling and are subject to change.

8. The Seller's sole and exclusive liability and the Buyer's exclusive remedies with respect to product(s) proved to be defective or nonconforming shall be repair or replacement of such products without charge or refund of the purchase price, in the Seller's sole discretion, upon the return of such products in accordance with the Seller's instructions. THE SELLER SHALL NOT IN ANY EVENT BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES OF ANY KIND RESULTING FROM ANY USE OR FAILURE OF THE PRODUCTS, EVEN IF THE SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE INCLUDING, WITHOUT LIMITATION, LIABILITY FOR LOSS OF USE OR ANY OTHER EXPENSE, DAMAGE OR LOSS OCCASIONED BY SUCH PRODUCT INCLUDING PERSONAL INJURY OR PROPERTY DAMAGE UNLESS SUCH PERSONAL INJURY OR PROPERTY DAMAGE IS CAUSED BY THE SELLER'S GROSS NEGLIGENCE. All claims must be brought within one (1) year of shipment, regardless of their nature.

9. Buyer's Representations and Indemnity - The Buyer represents and warrants that it shall use all products ordered herein not in violation of any law or regulation. The Buyer agrees to indemnify and hold harmless the Seller, and assigns, from and against any suits, losses, claims, demands, liabilities, costs and expenses (including attorney and accounting fees) that the Seller may sustain or incur as a result of any claim against the Seller based upon negligence, breach of warranty, or liability in law brought as a result of activity of the Buyer, its officers, agents or employees. The Buyer shall notify the Seller in writing within fifteen (15) days of the Buyer's receipt of knowledge of any accident, or incident involving the Seller's products that results in personal injury or damage to property, and the Buyer shall fully co-operate with the Seller in the investigation and determination of the cause of such accident and shall make available to the Seller all statements, reports and tests made by the Buyer. The furnishing of such information to the Seller and any investigation by the Seller of such information or incident report shall not in any way constitute any assumption of any liability for such accident or incident by the Seller.

11. Patent disclaimer - The Seller does not warrant that the use or sale of the products delivered hereunder will not infringe the claims of any patents covering the product itself or the use thereof in combination with other products or in the operation of any process.

12. Technical Assistance - At the Buyer's request, the Seller may, at the Seller's discretion, furnish technical assistance and information with respect to the Seller's products. THE SELLER MAKES NO WARRANTIES OF ANY KIND OR NATURE, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, WITH RESPECT TO TECHNICAL ASSISTANCE OR INFORMATION PROVIDED BY THE SELLER OR THE SELLER'S PERSONNEL. ANY SUGGESTIONS BY THE SELLER REGARDING USE, SELECTION, APPLICATION OR SUITABILITY OF THE PRODUCTS SHALL NOT BE CONSTRUED AS AN EXPRESS WARRANTY UNLESS SPECIFICALLY DESIGNATED AS SUCH IN WRITING AND SIGNED BY AN OFFICER OR OTHER AUTHORIZED REPRESENTATIVE OF THE SELLER.

13. Miscellaneous - The Seller's failure to strictly enforce any term or condition of this order or to exercise any right arising hereunder shall not constitute a waiver of the Seller's right to strictly enforce such terms or conditions or exercise such right thereafter.

If any provision of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired thereby.

This Agreement shall be binding upon, inure to the benefit of, and be enforceable by, the parties hereto, and their respective heirs, personal representatives, successors and assigns.

14. Governing Law - All disputes as to the legality, interpretation, application, or performance of this order or any of its terms and conditions shall be governed by the Laws of England.

REACHING US:
If you need to reach us, please e-mail us at: info@usken.co.uk, alternatively, you can call or fax us on +44 (0) 1752 298218, or write to us at: Usken, 138 Wingfield Road, Stoke, Plymouth, Devon, U.K. PL3 4ER