TERMS & CONDITIONS

Harkin & Barker Ltd. - Conditions of Sale

A  Supply of Goods

1. 1  Goods supplied in the execution of this Order will be of merchantable quality and to the same general standard as those displayed to the Public, but if necessary the Company may change the specification of Goods provided they are of no lesser quality.
   
2. (a) Any claim a Customer maintains does not comply with Condition 1. must be made within seven days of delivery/installation in writing to the Company.
   (b) Where necessary the Company, its servants or agents shall be allowed reasonable access to inspect the items forming the basis for the complaint and if necessary reasonable access to remedy the same.
   (c) Where the Company agrees that Goods supplied fall below this standard, then the liability of the Company shall be discharged by the supply of replacements or rectification of the items originally supplied free of charge, at the Company's option as soon as practicable. This liability is limited to the terms of this Condition on a parts and labour basis and there shall be no liability at all for any other defects notified to the Company or falling outside this condition nor shall the Company have any further liability once Goods are repaired.
   (d) Where an Order is accepted by reference to a Plan the Company shall for the purpose of completing an Order only bound to complete an Order in accordance with the description contained in the Plan.
   

B. Delivery

Where an Order includes fitting

1. Date of delivery or date of fitting shall not be constructed as a fundamental term of an Order. Delivery dates quoted at the time of placing an Order are subject to availability of furniture and fitters.
   
2. Where delivery or installation on or about the due date is declined by the Consumer, full payment being then due. Goods will be held for a further 28 days on a delivery or fitting paid basis, as appropriate after which time storage charges may be applied to the Customer and the Company may apply Condition D 4.(b)

C  Fitting

Where an Order includes Fitting

1. This will be carried out in a workmanlike manner. Any failure in this respect accepted by the Company will be rectified by refitting if necessary.
2. It is the Customer's responsibility to have the site cleared for installation, have all electrical points repositioned and to arrange for connection and installation of all electrical units.
3. All wardrobes should be installed on bare floors. It is the Customer's responsibility to arrange for taking up and refitting carpets.
4. The Company cannot be held responsible for damage to electric cable, conduits, pipework or underfloor heating elements not obviously visible or not set deeply enough in sub-floors or plasterwork.
5. The Company cannot accept liability for any additional costs incurred and resulting from alterations instigated by the Customer subsequent to the initial survey, unless notified in writing to the Company prior to manufacture of the furniture and accepted by the Company in writing.
6. Where replacements are supplied by the Company in the course of execution of an Order including fitting, then the supply of such replacements will include fitting, Liability is limited as per Condition A. 2. (c).
7. All deliveries of Goods and installation must be signed for on a satisfaction note on completion of installation. All claims for incorrect or faulty goods of fittings must be clearly noted on the satisfaction note at date of fitting.
8. No Liability can be accepted for damage to decorations, or items not supplied by the Company, during the fitting operation unless reported to and agreed with the installer and clearly noted on the satisfaction note at the date of fitting.
   

D  Payment

1. The prices at which Goods are sold are those ruling at the date of an Order. These may be varied where delivery periods are extended at the requirement of the Customer by additional storage charges and application of prices ruling at the time of delivery.
2. When Goods are sold on credit terms, then payment will be governed by the Credit Agreement.
3. On cash sales, the payment will be in two parts:-
4. Deposit – this is a condition of acceptance of an Order and is a minimum of 25% of the total value.
5. Balance of payment – Due 7 days prior to delivery or otherwise noted on the order schedule.
6. Cancellation:
7. If the Customer cancels an Order the Company may at its option retain the deposit and/or claim damages for breach of contract.
8. If the Customer fails to comply with Conditions as to payment the Company may cancel an Order and at its option retain the deposit and/or claim damages for breach of contract.

E  Force Majeure

In the event of any circumstances, contingency of force majeure occurring beyond the control of the Company preventing, impelling or interfering with the despatch of the whole or any part of Goods the Company reserves the right to suspend and/or cancel delivery without incurring liability for any direct or consequential loss, injury or damage which may be caused or sustained by the Customer and/or any third party in consequence of any such suspension and/or cancellation.

F  Guarantee

Goods are sold with the benefit of such Guarantee as the Company may specify from time to time. This does not affect the Customer's statutory rights.

G  Variation

No Variation of these Conditions shall be effective unless either:-

1. Made in writing and signed by an authorised employee of the Company, or
2. Contained in the confirmation issued by the Company upon acceptance by it of an Order.