Terms and Conditions
ERIC BATES & SONS LTD (THE COMPANY)
Terms and Conditions of Business
(THESE TERMS & CONDITIONS SHALL TAKE EFFECT SUBJECT TO THE CUSTOMERS STATUTORY RIGHTS)
All estimates and quotations and all purchase and orders shall be made subject to the following terms and conditions which unless otherwise altered in writing between the company and the customer shall remain in full force and effect to the exclusion of any other terms and conditions subject as aforesaid.
1) Estimates and quotations are given subject to alteration of prices of raw material and wage rates etc, and we reserve the right to amend estimates and quotations after the customer’s acceptance and before commencement of work. Whilst every endeavour may be made to complete orders on dates given, liability cannot be accepted for failure to do so. Cancellation of an order by the customer cannot be accepted, or goods be returned for credit unless previously agreed in writing. No variation of any order shall be binding unless the same shall be agreed in writing.
2) Not withstanding completion and the passing risk, the property in the items for sale shall remain the company’s until all monies owed by the customer under this or any other contract with the company have been paid. The risk in the items for sale shall pass to the customer at the point of completion. (Here and hereafter ‘completion’ is defined as either (a) collection of goods from the company’s premises or if delivery is arranged by the company, (b) delivery of goods to the customer’s premises. The company cannot accept any liability for damage caused to items for sale after completion.
3) Damages or omissions on consignment must be signed for as such, and the company must be notified within 72 hours from the time of delivery, and confirmed in writing within 7 days from date of delivery. If the customer should fail to do this, the goods shall be deemed to be in all respects in accordance with the contract and the customer shall be bound to accept and to pay accordingly. Where a valid claim is made by the customer the company shall be entitled to replace the goods (or the part in question) free of charge or at the company’s sole discretion, refund to the customer the price of the goods or a proportionate part of the price, but the company shall have no further liability to the customer.
4) Terms of payment are as follows:-
a) One third of the cost or estimated cost due with each order. The balance of the invoice price is due on or before the date of completion. Please note:- Customers with approved Credit Accounts will be notified as such and are required to pay for their accounts by the twenty-fourth date of the month following the date of the invoice.
b) Failure to pay by the appropriate date shown above will incur interest charges on the gross amount due at the rate of 4% (compound) per annum above the National Westminster Bank lending rate, from the due date to the date of payment.
c) Payments made by Credit Card over the value of £200.00 will be subject to a 2.5% surcharge, payments made by Debit Card will not be subject to a surcharge.
d) In the event of no limit being specified in writing at the time when the customer placed the order, then the time limit for the customer to accept completion shall be deemed to be six months form the date of the order.
e) Failure to comply with the previous term (4d) the goods concerned may be taken back into stock and any deposit forfeited by the customer. Please note:- In the event that the goods are still at the company’s premises (whether the above terms have been met or not), the company reserves the right to charge the customer storage charges, including insurance.
5) The company shall not be liable for shrinkages or movement of timber or other faults which appear after items have been sold, unless such faults are caused by defective materials or workmanship supplied by the company. Care has been taken to ensure the accuracy of any description assigned to items for sale, but the company gives no warranty as to genuineness or authenticity of items for sale and the customer shall accept items purchased with all faults and errors of description.
6) The above terms and conditions shall be construed and governed according to English law, and the customer hereby accepts the jurisdiction of such court whether in England or elsewhere as the company may nominate for the purpose of trying any action or matter arising out of, or in connection with these terms and conditions.
E & O E
Privacy Notice
Eric Bates & Sons Ltd takes privacy very seriously. This notice explains how we use the personal information you provide to us for the purpose of facilitating your enquiry and that we obtain through third party sources, including how we share it with third parties.
How we use your personal information
We will only use your personal information for the following purposes:
To administer and manage our relationship with you, including to set up and maintain your account facility.
To provide you with a comprehensive quotation including costings from other suppliers of products and services.
To process and execute orders from you for goods and services.
To deal with any enquiries we receive from you.
For the purpose of any corrective action [including product recall] which may be required in respect of the products we supply to you.
To comply with applicable laws, rules and regulations.
To provide you with details of our products ranges, services and promotions.
To notify you of changes to what we do.
To make checks of credit reference agencies from time to time.
For the purpose of recovery of a debt in case of non-payment.
In connection with these purposes, we may share your personal information with third parties that perform services on our behalf, such as business partners [including printing and marketing agents, credit reference agencies and tracing agents] and fraud sharing organisations.
We may also disclose your personal information to third parties in other circumstances, in particular:
If we are under a duty to disclose or share your personal information to comply with any legal obligation, or to enforce or apply our terms and conditions of trading and other agreements.
To protect the rights, property or safety of Eric Bates & Sons Ltd, our staff, our customers or others.
In response to a request from a governmental authority [including a regulator].
In the unlikely event that Eric Bates and Sons Ltd were to be sold in the future we will disclose your personal information to the new owner for the purpose of continued warranty and service requirements only. You should be assured that any new owner would be subject to the same regulations.
If necessary for debt recovery purposes, we may also obtain additional information about you beyond that originally provided from credit reference and tracing agents.
Our legal basis for these uses of your personal information may include that (a) it is necessary for our legitimate interests in operating our business and/or providing you with goods and services; and/or (b) it is necessary for the performance of contracts to which you are a party with us.
Keeping in touch with you
From time to time we would also like to keep in touch with you, to provide details of our new product ranges and services and exciting customer events. If you are happy to be contacted in this way please confirm this at optin@ebsfurniture.co.uk and we will facilitate your request.
Your rights in relation to your personal information
You have various rights under data protection law regarding the processing of your personal information, including rights to:
Request access to personal information we hold about you and details of our processing of your personal information.
Request us to correct inaccurate personal information.
Request us to delete personal information in certain circumstances.
Receive your personal information in a format suitable for transmission to a third party.
Object and/or restrict the processing of your personal information (including profiling) on certain grounds.
Object to the processing of your personal information for direct marketing.
Object to any decision about you based solely on automated processing (including any profiling) that produces legal effects or otherwise significantly affects you.
Lodge a complaint with the UK Information Commissioners Office.
You can make a request to us in relation to these right at any time by contacting us at info@ebsfurniture.co.uk, any information to which you are entitled will be provided within a reasonable timeframe, subject to exemptions stipulated in applicable data protection laws.
How long do we retain your personal information?
We will not keep your information longer than is necessary, taking into account information needed for product guarantee or recall purposes, applicable legal requirements and limitation periods.
How to contact us
If you have any queries about how we use your personal information you can contact us at any time via email at info@ebsfurniture.co.uk or by post to Eric Bates and Sons Ltd, Station Business Park, Horning Road West, Hoveton, NR12 8QJ.