Terms and Conditions
Downloadable PDF of our full Terms & Conditions
All tenders and quotations are submitted and all orders accepted solely subject to the following terms and conditions to the exclusion of all other terms and conditions except such (if any) as are specifically accepted by the Company in writing. Provision of an official purchase order and, where provided by Swift Business Solutions Ltd (the Company), a signed Special Item Request Form or Order Agreement Sheet shall be conclusive evidence of acceptance of these terms and conditions. Any provision or condition in the Customer’s order form or elsewhere which conflicts with or in any way qualifies or negates any of these terms and conditions shall have no effect and these terms and conditions shall prevail. No variations to these terms and conditions shall be binding unless in writing signed by an authorized representative of the Company. The Customer should not rely on any other documents or on any oral representations. It is the responsibility of the Customer to read the Terms and Conditions of Sale every time an order is placed. Any failure by the company to enforce any or all of these conditions shall not amount to or be interpreted as a waiver of any of the Company’s rights. If any term in these conditions is held invalid, it shall not affect the validity of the remaining conditions.
Any quotation, estimate or price given by the Company is given in good faith but constitutes only an invitation to the Customer to make an offer and any order of the Customer placed with Company pursuant of a quotation, price or estimate given by the Company is not binding on the Company until such time as the order is accepted by the Company.
3. ORDERING INFORMATION
The product reference contained on the Company’s Order Acknowledgement or Agreed Schedule of Works Form shall be the final expression of the order.
4. ORDER CONFIRMATION
An order is not binding on the Company until the Customer has received the Company’s Order Confirmation or Acknowledgement which may be by electronic means.
5. Pricing and V A T
Prices are subject to change without prior notice. Unless otherwise stated all prices exclude VAT, your invoice will show the VAT element at the current rate. The Company reserves the right to revise any agreed prices to take account of changes in rates of value added tax and any new taxes or impositions by the United Kingdom government which take effect after the date of contract.
An estimated carriage costs will be included within our quotation. The Company reserves the right to revise these charges to take account of actual delivery costs at the time of delivery.
Delivery dates are given in good faith and are adhered to as closely as possible but as many products from our Interiors, Workwear and Promotional Giftware divisions are either made to order or purchased specifically by the Company to meet Customer requirements no responsibility is accepted for any unforeseen delays subsequently arising or for any consequential loss or damage caused to the Customer or third parties as a result of any delays for whatever reason. Time should not be of the essence in relation to the times and dates of delivery and the Customer should accept reasonable variations of such dates and times. The Company does not undertake to deliver or collect any load over roads or ground which it considers unsuitable and accepts no responsibility for damage to roads, driveways or paved areas, save where such damage is occasioned by proved negligence of a Company servant. Where delivery is refused by the Customer or is delayed at the request of the Customer or where the Company is unable to deliver the Goods due to circumstances beyond it’s reasonable control, the Company on giving notification of readiness to deliver shall be entitled to treat the contract as fulfilled and shall place the Goods into store. Delivery will be deemed to have taken place for invoicing payment and the passing of risk. The Company at the Customer’s request shall and in any event may arrange insurance covering the major perils endorsing his own interest. The cost of storage and insurance of the Goods shall be for the Customer’s account. The costs of abortive delivery will be charged to the Customer.
8. SHORTAGES, DAMAGES & FAULTS
All risk of loss passes to the Customer at time of shipment. Customer shall inspect all products upon receipt for visible damage to the product as well as the packaging. Damage to the packaging alone does not constitute damage to the product and will not be considered valid for claim purposes. Standard deliveries: Customer must note any damages on the delivery receipt upon delivery. The Company will repair or replace product damaged in shipment only if the Customer notes the damage on the delivery receipt upon delivery. Third party deliveries organised by Swift Business Solutions Ltd: Customer must note any damages on the delivery receipt upon delivery and notify Swift Business Solutions Ltd. Any damages must be reported to The Company within 24 hours of receipt. The Company will repair or replace product damaged in shipment only if the Customer has notified The Company of the damage within 24 hours of receipt. The Company will be responsible to file any claims with delivering carrier. All product and packaging must be retained for inspection. Shortages & Over Supply of Goods These must be reported to The Company within 24 hours of receipt of the Goods. Failure to report over supply of Goods may leave The Customer liable for the costs of any additional Goods delivered. Manufacturing Faults Products which prove to be immediately defective due to a manufacturing fault must be reported to The Company within 30 days of receipt of Goods. The Company will do everything possible to assist with the repair or replacement of Goods that develop a fault within a reasonable time frame from date of supply, which may include return for assessment to the manufacturer, however the Customer should note that products sold with a manufacturer’s warranty constitute a contract between the Customer and the Manufacturer and The Company is not liable for the costs of any repair or replacement.
Requests by the Customer to return unwanted or incorrectly ordered items will only be considered if the request is made with 5 days of receipt of Goods, the Goods are unused and remain in original packaging. The Company will advise at point of request the method in which unwanted Goods will be collected and The Company shall not be liable for Goods returned by any other means. Goods accepted for return will be credited at the invoiced price less any applicable handling and restocking charges. The Company will not be obliged to recognise any debit note or other documentation raised by a Customer in respect of any Goods returned only The Company’s credit note will be acceptable for that purpose.
The Company will not accept returns of:-
? bespoke made products
? embroidered, printed or badged products
? Goods assembled in line with Customer’s instructions
? electrical items
? safety footwear, hand protection, head protection, safety eyewear, ear protection, respiratory protection and underwear
? all other items for which The Company cannot obtain full resale value
Should The Company refuse to accept a return, the Customer shall be obliged (if it has not already done so) to complete the purchase and pay the invoiced price of the Goods.
10. TEXTILES, UPHOLSTRY & WOOD FINISHES
Natural variations occurring in wood, fabric, and leather shall not be considered defects, and The Company does not guarantee the colourfastness or matching of the colours, grains, textures or surface hardness of such materials.
Orders for standard stock lines may be cancelled prior to dispatch we will charge you up to a 25% administrative fee. Goods that have left our distribution centres may not be cancelled. Should the Customer not wish to accept delivery of standard products manufactured and purchased for them, we will offer a refund if the Goods have not yet left our premises, but charge you a cancellation and restocking fee equivalent to 50% of the value of the order. Bespoke and made to order items, or products containing logos and branding cannot be cancelled and will be charged in full.
12. THE COMPANY’SRIGHT TO CANCEL AND APPLICABLE REFUND
The Company reserves the right to cancel any order at any time for whatever reason, in which case all funds paid by Customer for the item(s) in question will be returned. The Company may cancel the contract for the supply of Goods or services as any time with immediate effect if:-
I. The Customer does not pay The Company when they are supposed to. (This does not affect our right to charge interest)
II. The Customer is in breach of The Company’s terms and conditions or breaks the contract in any way and does not correct or fix the situation within 7 days of our written request
III. The Customer becomes insolvent or in our reasonable opinion is likely to become insolvent or seek to make any arrangement with creditors
13. HELD ORDERS/STORAGE
If the Customer requests that an order be held or delayed, the prices and terms and conditions in effect at time of order shall apply provided the Customer has paid for the Goods prior to any price increases. Arrangements for holding/storage will be made directly between the Customer and the Swift Business Solutions Ltd. Any costs associated with the storage including demurrage, preparation for storage, storage charges, insurances and handling shall be billable by The Company and payable by the Customer.
14. REQUESTS FOR DELIVERY TECHNICIANS TO PERFORM ADDITIONAL & UNFORESEEN WORK ON ARRIVAL TO SITE
The Company’s delivery technicians work to strict time schedules; sufficient time has been allotted to allow dispatch technicians to deliver and, where applicable, assemble items and remove any associated packaging and, whilst we will always sympathetically treat requests for favours to be performed whilst our operatives are on site, the Customer should bear in mind that a minimum charge of up to £40 per person per hour or part thereof may be levied for requests to perform unexpected work.
15. DELAYS OR POSTPONEMENT OF PREBOOKED INSTALLATIONS & DELIVERIES
In the event of a postponement or delay of a pre-agreed delivery and/or installation date by the Customer, the Customer will be liable for any additional expenses incurred as a result of changes to logistics and any subsequent storage as a result of postponement. Unless prior written arrangements have been made, all pre-booked appointments for the delivery and installation of furniture are made on the condition that the location in which furniture is to be installed is cleared and ready for the work to take place. The Customer agrees to pay the costs of any additional work and delays incurred by representatives of The Company due to space not being ready on arrival.
16. OUT OF HOURS & DISTANCE WORKING
The Customer agrees to pay all additional expenses incurred for any out of hours working or any deliveries and installations facilitating the need for foreign travel and/or overnight accommodation.
We guarantee that on delivery Goods shall be free from material defects. The guarantee does not apply to any defect in the Goods arising from:-
? fair wear and tear
? items purchased as clearance, seconds, damaged, refurbished, end of line or ex-display
? willful damage, abnormal storage or working conditions, accident or negligence by the Customer or by any third party
? failure by the Customer or third party to operate or use the Goods in accordance with user instructions
? any alteration by Customer or third party who is not authorised by Swift Business Solutions to undertake the repairs
? any specification provided by the Customer
The liability of The Company is limited to the replacement of products supplied by the Company and does not extend to any consequential loss, damage, or expense suffered by the Customer or third party. Repairs or replacements will always be considered sympathetically and an economic solution offered where possible. This guarantee is in addition to, and does not affect, the legal rights of the Customer in relation to Goods that are faulty or not as described. The Company are under a legal duty to supply Goods that are in conformity with this contract.
18. LIMITATIONS OF LIABILITY
Swift Business Solutions Ltd, its contractors and subcontractors or suppliers of any tier shall not be liable to Customer for any special, indirect, incidental or consequential damages arising from products or from a breach of this Agreement. Except as specifically provided in these conditions, no liability is accepted for any direct or indirect costs, damages or expenses relating to damage to property or injury or loss to any person firm or company or for any loss of profits or production arising out of or occasioned by any defect in or failure of Goods or materials or parts thereof supplied by the Company Customer’s remedies set forth herein are exclusive and the liability of Seller with respect to the breach of this Agreement or any contract entered into between the parties pursuant hereto shall not exceed the price of the Product(s) or part on which such liability is based. To the extent that the laws of any jurisdiction do not permit limitations or exclusions of implied warranties, incidental damages and consequential damages, the above limitations may not apply. In such jurisdictions, the above limitations shall be enforced to the greatest extent permitted by applicable law
19. COPYRIGHT, OTHER INTELLECTUAL PROPERTY ISSUES AND DEFAMATION
The Customer guarantees not to supply quotations, specifications, usage reports, product codes, contract prices, bespoke product designs, room layout plans, prototype products and other such materials supplied by The Company to any third party whatsoever without written consent from a Director of Swift Business Solutions Ltd. The business, individual or organisation governing the recipient of any such materials supplied to them by The Company agrees to compensate The Company for any losses or expenses incurred as a result of any breach in this condition whatsoever. The Customer might request The Company to copy materials for them. The Customer warrants and represents to The Company that all legal and beneficial ownership (including all copy and like rights) belongs to the Customer and the Customer has been given explicit permission in writing to copy or provide material which includes intellectual property owned by a 3rd party. The Company reserves the right to decline to print, copy or otherwise reproduce any material which in our sole opinion causes or may cause a breach of any 3rd party intellectual property rights or contains any material which may be defamatory, illegal, criminal or actionable. The Company makes no warranty that the Goods/Service does not infringe any intellectual rights. It is the responsibility of the Customer to make any enquiries in this respect and indemnify The Company against any claims of this nature. The Customer agrees to indemnify The Company against any and all claims, liabilities, damages, costs or other expenses for which we may become liable as a result of any breach in our conditions relating to copyright, other intellectual property issues and defamation.
In accordance with our aims of constant improvement we reserve the right to modify or amend without notice the specification of any of our products. Any Goods manufactured, treated or milled to the design, quantity, measurement or specification of the Customer or its experts are produced without warranty of any kind except their compliance with the design, quantity, measurement or specification. The Customer will unconditionally fully and effectively indemnify The Company in respect of any claim resulting therefrom including the infringement of patent, copyright, design, trademark or any other industrial or intellectual property rights resulting from the Company’s use of the said design or specifications.
Where accounts for Goods and/or services have been approved for credit, payment for Goods and/or services becomes due either 30 days after the date of invoice, on receipt of statement or within 7 days of receipt of statement, dependant on terms agreed. The Company reserves the right to charge up front for special orders or impose deposit and/or interim payment terms prior to supply for orders exceeding £10,000. Orders for new Customers will be supplied on a pro forma basis until such time as an application for a credit account has been approved. Payment of the price of the Goods shall be made in full without any deduction not later than 30 days following the date of invoice (herein after called the “Due Date”) (unless otherwise agreed by the Company in writing) providing that the Company may in its absolute discretion require that the Goods be paid for on delivery if notification of such requirement has been given to the Customer prior to The Company’s acceptance of the Customer’s order. The Company may appropriate as it thinks fit any sums received for the Customer notwithstanding any purported allocation by the Customer. The Company reserves the right to charge interest on overdue accounts. Orders will not be fulfilled and outstanding work will not be completed for any overdue accounts until such time as the account has been satisfactorily settled. The time of payment of the price shall be the essence of the Contract. Any invoice becoming overdue will render all sums due on any account payable immediately. If payment is not made on or before the Due Date then:-
I. The Company shall be entitled (without prejudice to any other of its rights or remedies) to repossess the Goods
II. the outstanding debt shall bear interest at the rate of 3% per annum above the base rate of HSBC Bank plc
during the period from the date of issue of the invoice up to and including the day of actual payment in cash or cleared funds, or until the realisation of monies sufficient to meet the Customer’s obligations to The Company from liquidation or otherwise of the Goods repossessed as in (I) above, whichever shall be the earlier. The Company reserves the right to recover from the Customer all bank, legal, court or professional fees incurred in obtaining full payment for the Goods or in employing another party to obtain such payment on its behalf. In the event of a dispute arising as to whether any particular Goods have been paid for or not, The Company shall not be required to prove that an item of merchandise sold or unsold is directly attributable to a particular unpaid invoice, but merely to establish that, on the basis that Goods shall be deemed to have been sold or used up in the order in which they were delivered to the Customer, any Goods in evidence of the type which is unpaid for may be reasonably stated to be those Goods which are unpaid for, and thus be said to be the property of the Company. The Company’s rights under this clause shall not be affected by any terms agreed in any contract or otherwise howsoever whereby the Customer is granted credit with regard to the payment of the price of the Goods or is permitted by the Company to defer payment beyond the time granted for doing so. In the event that the Goods are sold or provided to a third party by way of trade or otherwise, the company reserves the right to garnish, sequester or otherwise hold security over any funds payable by any third party in respect of those Goods. The Customer shall allow full access to any books and records which shall help establish the identity of such third party, and the means for securing and identifying such payments as relate to the Goods. Should a Director or Principal of any Customer which is a Limited Liability Company place or continue to place orders for Goods when s/he knows or ought reasonably to know that the Customer (or any parent or subsidiary company of the Customer) is insolvent, then s/he will be held personally liable for any debt(s) thereby incurred, and will be required (both jointly and severally where applicable) to make good any debt(s) owed by such Customer to the Company whether wrongful or fraudulent trading be proven or not and notwithstanding any creditors’ voluntary arrangement, insolvency, liquidation or dissolution.
22. TITLE OF GOODS & RIGHT OF RETENTION
Ownership of the Goods shall not transfer to the Customer until the Company has received full payment. The risk to the Goods of loss or damage passes to the Customer on delivery irrespective of whether title to the Goods has passed or not. Goods collected from the Company’s premises shall be deemed to have been delivered when they have been loaded on to the Buyer’s vehicle or otherwise in the Buyer’s possession. The Company remains the owner of the goods until such times as these and all other sums owed by the Buyer to the Company are paid in their entirety. The Company reserves the right to re-enter the Buyer’s premises in order to retrieve unpaid for goods which remain the Company’s property. Where part payment has been made the Company reserves the right to re-enter and recover any goods supplied by the Company to the value of the amount outstanding due.
23. DELAY/FORCE MAJEURE
The Company shall not be liable for failure to perform or for delay in performance due to fire, flood, strike, trade dispute or other labour difficulty, act of God, act of any governmental authority or of the Customer, riot, embargo, fuel or energy shortage, wrecks or delay in transportation, inability to obtain necessary labour, materials or manufacturing facilities from usual sources or failure of suppliers to meet their contractual obligations or due to any cause beyond its reasonable control. If any such event occurs, The Company may extend delivery date by a period of time necessary to overcome the effect of such delay, allocate available product or cancel any purchase order.
24. COMPLIANCE WITH LAW THE CUSTOMER IS SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL LAWS, ORDINANCES, REGULATIONS, RULES, AND STANDARDS RELATING TO THE INSTALLATION, MAINTENANCE, USE AND OPERATION OF THE PRODUCTS.