CORCORAN WINDOW FURNISHINGS
CONDITIONS OF SALE
In these Conditions, the following words will have the following meanings: ‘the Company’shall mean Corcoran Window Furnishings ‘the Goods’ shall mean the products, articles or things which are referred to in the order of the Buyer. ‘the Buyer’ shall mean the corporate entity or firm or person buying the goods.
The Company offers free training days of our products on a monthly basis, this is to ensure that the Buyer has an
extensive knowledge of our products. As a result, the Company will not be responsible to specify a product or manufacturing process for the Buyer.
MAKING THE CONTRACT
No sales person agent or employee of the Company is an authorized representative nor authorized either to confirm or
vary these Conditions or to make any representation or promise on the Company’s behalf.
Title to the Goods shall remain vested in (the Seller) and shall not pass to (the Buyer) until the purchase price for (the
Goods) has been paid in full and received by (the Seller).
(a) All orders placed by the Buyer will be governed by these Conditions.
(b) Orders can be received by the Company in the following ways: Email, Text or Fax.
(c) Where possible the Company does not accept orders over the Telephone. If in extreme circumstances an order is taken over the phone, the order will still need to be confirmed by the Buyer. The Company will send via either email, text or fax the order in written form to the Buyer for confirmation from the Buyer. If the order is not confirmed it cannot be processed.
(d) The Company request that all orders for made to measure items are given via order forms supplied by the Company. Failure to fill in the required forms may result in delayed or suspended orders. Errors made to the order, due to failure to fill in the form, will be the sole responsibility of the Buyer and the Company will demand full payment for such items.
(e) The Company makes use of an order form for certain products that will need to be completed in order to have the order processed.
(f) It is the responsibility of the Buyer to ensure that all the details for the Company to complete the order are given when placing the order.
(g) The Company only accepts measurements in a WIDTH x DROP format. It is the Buyers responsibility to ensure that all measurements are sent to the Company in that format. The Company does not take responsibility for made to measure items where the measurements were given incorrectly.
(h) If an order has not been processed in any way we will accept cancellation. Should we have processed your order then normal returns policy applies.
(i) Please note when you order a piece’ / roll of fabric, trimmings or lining, that this is not inspected prior to shipment. Should you require it to be inspected, please order a cut length. Please inspect prior to cutting, we cannot accept any responsibility once cut.
(j) Photography in any of our brochures, pricelists, website or any other visual material used by the Company to provide visual information, is for guidance and we always recommend selections should be made from point of sale or samples available.
(k) All Made-to-Measure items are produced in accordance with the Buyers instructions. The Company does not take responsibility for misgiven information and in turn incorrectly made items. Order forms should be filled in to confirm instructions.
(i) Please allow sufficient fabric for hems when calculating fabric quantities, this is also noted on your order forms. We will not be responsible for delays caused due to not enough fabric being supplied. It is the Buyers responsibility to calculate fabrics quantities, including pattern repeats and hems.
(ii) All fabric must be clearly marked as to which is the FRONT and TOP of the fabric. CWF Ltd will not be held responsible for blinds made upside-down or inside-out, if not clearly marked.
(iii) If you supply the fabric, CWF will not be held responsible for any blinds manufactured with flaws in the fabric.
(iv) If a product is damaged or not to your satisfaction, the product must be returned to CWF premises for inspection. If not returned, there is nothing more the Company can do to facilitate the Buyer. The Company will not call to customers home to examine or investigate blinds, unless the Company decide to make a special case of the situation. The Company will not remake or replace such products, without viewing and examining the original product here on our premises.
i. The company’s liability under Condition 4(a) shall be limited to repairing or replacing the damaged or as the case may be the lost goods that the Company originally supplied (no third-party products from other companies will be replaced or items that were supplied to us by the customer) and the Company shall not be under any other liability there under whatsoever.
(v) All measurements for blinds and curtains must be given in accordance with the order form.
(vi) In accordance with the Child Safety Standard EN13120, all blinds will be dispatched with lmtr chains unless installation heights are provided. It is the fitter’s responsibility to then adjust chains on site if necessary.
(vii) All curtains or roman blinds, whether machine sewn or hand stitched, have the risk of light penetrating through the holes created when manufacturing the curtains. We will not accept responsibility for these holes created, particularly when using blackout lining. It is the Buyer’s responsibility to explain and agree this with their customer prior to ordering.
(viii) The Company will not be held responsible for any unavoidable puckering caused due to machine sewn fabric. When filling in the order form you must agree to either machine or hand stitch. We will not make this decision for you.
5. THESE CONDITIONS:
(a) These Conditions are the only conditions to which contract for the sale of the goods to the buyer (“the Contract”) is subject. Any other conditions whether contained or referred to in catalogues, brochures or other documents of the Company or whether submitted, proposed or situation by the Buyer in whatever form, whether written or oral are hereby expressly waived and excluded.
(b) These Conditions may not be varied by the written consent of director of the Company.
6. PRICE AND PAYMENT
(a) All Prices are those ruling at the date of acceptance of order by the Company and are net exclusive of VAT and carriage.
(b) Credit accounts Buyers, unless otherwise stated all invoices are due for payment 30 days from date of Statement. Overdue accounts will be placed on hold if the account is not settled within a maximum of 15 days from the payment due date.
(c) The Company reserves the right to charge interest on all overdue accounts at 3% per annum above the bank rate. Such interest will be deemed to accrue on a day to day basis from the date payment becomes due under Clause 6(d)
(d) Pay in advance Buyers can pay via online banking, sage pay (link emailed with invoice), card payment over the phone, cheque, or cash in person.
(i) Once notified of total amount due, it is the Buyers responsibility to pay the invoice in a timely matter. The Company will not be responsible or liable in any way, for delays with orders due to late payment.
(ii) Online bank payments may take approximately 3 working days to show in our accounts, please notify the Company with proof of payment within this timeframe to avoid delays with orders.
(iii) Orders only begin manufacture once payment or proof of payment is received.
(e) The Company reserves the right at any time prior to delivery of the Goods to adjust the price to take account of any variation in any duty payable by the Company directly or indirectly, the cost of raw materials, labour or services or the cost of imported goods due to exchange rate fluctuations.
(f) Where a Buyer’s local currency differs from the Company an average exchange rate that is updated on a monthly basis in line with exchange rate fluctuations will be in effect.
(g) It is not the responsibility of the Company to continually contact the Buyer for payment of goods should payment need to be provided before goods can shipped.
(h) Prices on branded products are based on the current pricelist and maybe subject to change.
(a) The Company shall be deemed to have delivered the goods either when the goods are dispatched from the Company’s premises or (as the case may be) when the goods are ready for collection at the Company’s premises.
(a) The time for delivery shall not be of the essence and all delivery dates are approximate. The company shall not be liable for any loss or damaged whether rising directly or indirectly from delay in delivery.
(b) Goods leave the Company’s premises in perfect condition and the buyer accepts all risks from the time that the goods leave the Company’s premises.
(c) Should expedited delivery be agreed and necessitate overtime or additional costs, such costs and overtime expenses shall be paid by the Buyer.
(d) The Company will endeavor to deliver the correct quantity of goods ordered but quotations are dependent upon stocks being available at the time of the quote and the Company shall not be liable for short delivery.
(e) The Company cannot accept any responsibility for delays in orders due to a delay in confirming full order details and/or payment of the goods. (f) Please allow the following approximate dispatch time frames; (i) 15 x working days for Curtains (once both fabric & instructions are received).
(ii) 10 x working days for Roman Blinds & TwinTex blinds (once both fabric & instructions are received).
(iii) 5 x working days for Roller Blinds (8 x working days during busy periods). (iv) 4 x working days for Curtains Tracks. (v) Same day dispatch where possible or 1-day dispatch for Roman Blind Kits
(g) With regards to condition 7(f), although the Company aims to adhere to the above time-frames, or improve where possible, during busier periods, these dispatch time frames may extend. The Company will not be liable in any way for costs accrued to the Buyer for goods dispatched outside of these time frames.
8. RETURNS Corcoran Window Furnishings do not accept returns but the following exceptions do apply. (a) Faulty:
(i) If an item is faulty upon delivery, the Buyer needs to notify the company no later than 8 working days after delivery date. The faulty or damaged item needs to be returned to the Company for an inspection before any action can be taken. Returned goods need prior arrangement.
(b) Incorrectly Ordered:
(i) If in the case of an item being incorrectly ordered by the Buyer, The Company will not accept the return unless in extreme circumstances and with prior approval from management. There will be a €20.00 restocking charge on each item returned.
(c) Products that cannot be returned or cancelled include, but not limited to, cut lengths of fabrics, cut lengths of trimmings, cut length of linings, all made to measure items, paint to order and any other item customized for Buyer.
(d) Any item being returned should be accompanied with the Company invoice or order number in which it relates to.
9. CARRIAGE: (a) Rep of Ireland and Northern Ireland;
(i) Parcels less than 3mtr in length, if rigid, is €8.50 / £8.50 + Vat for up to 8 parcels / or up to 25kg weight, sent out at the same time.
(ii) Small parcels that can be sent in an A3 sachet / bag is €5.00 / £5.00 + Vat per parcel.
(iii) Parcels greater than 3mtr in length if rigid is €35.00 / £35.00 + Vat for each parcel sent. Please note if we need to send you a track, for example, that is greater than 3mtrs in length and brackets need to accompany it in a sachet / box, we will send them with a different courier to save on carriage charges. In this case you would be charged €35.00 + Vat.
(b) England, Scotland & Wales.
(i) Parcels less than 3mtr in length if rigid is €25.00 / £25.00 + Vat for up to 8 parcels / or up to 25kg weight, sent out at the same time.
(c) Please note, as courier services are predominantly outsourced, the Company carriage charges to the Buyer may change at any time to be inline with price increases from our courier suppliers. We will notify the Buyer as soon as possible to notify them of such increases as they occur.
(d) The Company does not take any responsibility for goods delivered to an address that is different to the Buyers registered address.
10. COLLECTIONS: (a) CWF Ltd offer a free collection service within the Rep of Ireland or Northern Ireland for any fabric being sent to use for the manufacture of bespoke curtains, blinds, cushions etc. (b) Any other collections that are required are based on carriage charges in condition (9) (c) When arranging collections, we do our best to arrange them the same day, however please an extra day to avoid disappointment.
11. DAMAGED IN TRANSIT (a) The Company shall not be responsible for damage to any of the goods or loss of the goods or part thereof in transit unless the buyer gives notice of a claim to the Company and to the carrier. (i) In the case of damage within 24 Hours after having received the goods (ii) In the case of loss within 5 working days of the date of the invoice.
(b) The company’s liability under Condition 11(a) shall be limited to repairing or replacing the damaged or as the case may be the lost goods that the Company originally supplied (no third party products from other companies will be replaced or items that were supplied to us by the customer) and the Company shall not be under any other liability there under whatsoever.
(a) If within 14 days of receipt of the goods by the Buyer any of the goods shall be found to be defective the Company may at its option either repair or replace any part of the goods or make an equivalent quantity of the goods available to the buyer free of charge ex-works or repay a corresponding proportion of the Price to the Buyer but shall not be under any other liability.
(i) Under Condition 10(a) the company may request the said goods to be returned to Company premises for inspection, prior to any repair or replacement being agreed or made. Failure to return the goods to Company premises will result in full payment being made for said goods from the Buyer.
(b) The Company shall not be under any liability under Condition 10(a)
(i) The buyer gives to the Company written notice and details of the defect forthwith upon delivery.
(ii) The defective goods are returned carriage paid at the Buyer’s risk to the Company’s premises and inspected.
(iii) The Company is satisfied that the defect is due solely to defective materials or manufacture.
(c) The Company’s liability under Condition 12(a) shall cease if the goods have been cut, hung or subject to any other process or if the Buyer has not in the opinion of the Company used or dealt with the goods properly.
(d) Except to the extent provided for in Conditions 12(a) the Company shall not be liable for any loss, damage or injury however caused or arising and shall not be liable for any indirect or consequential loss whatever and however caused.
(e) All descriptions, representations, drawings and other particulars furnished or made orally by the Company or in catalogues, price list or other documents issued by the company are given for general information purposes only and the buyer acknowledges that it is not entering into the Contract in reliance upon any such description, representation drawing or other particular.
(f) Without prejudice to the generality of Condition 12(e) the company gives no warranty and makes no representation that any sale by the Buyer of the goods will be free from infringement of any patent of similar protection owned or controlled by any third party. Where the goods are produced by the company in accordance with the Buyer’s specifications or drawings, the Buyer shall indemnify the Company against all costs, claims, damages and expenses to which the Company may become liable as a result of the infringement or the alleged infringement of any patent registered design or any other intellectual property right.
13. RETENTION OF TITLE
(a) The property of the goods will remain in the Company and the Buyer will hold the goods as bailed for the Company until payment in full of the Price (in the Condition referred to as “payment”)
(b) The Buyer shall keep the goods separate and clearly identified as the property of the Company until Payment.
(c) If the Buyer shall (before Payment) sell the goods to any third party (in Condition referred to as “the Customer”) it shall hold the proceeds of sale as the fiduciary of the Company pending Payment and shall if the Company so require authorize and direct the Customer to pay the Company all sums due to the buyer in respect of the goods so sold and assign to the Company the debt owed to the buyer by the customer.
(d) Any sale as is referred to in Condition 13(c) is authorized by the Company only if made in the ordinary course of the Buyer’s business.
(e) The goods shall remain the exclusive property of the Company notwithstanding that they may be converted into Products (as hereinafter defined) and all the Company’s rights in the goods shall extend to Products provided that the Company’s title shall not extend to any goods supplied by a third party and the Company shall not lay claim to the proceeds of the sale of any goods so supplied.
(f) The Company may enter upon the Buyer’s premises without notice and recover the goods which have not been paid for in full and as between the Buyer and the Company this Condition will constitute the authority of the Buyer to the Company to enter on the premises of any other person holding the goods as the Buyer’s agent and on whose property the goods may be and to remove the goods.
(g) For the purpose of Condition 13(e) “Products” shall mean any goods supplied by the Company which become constituents of or are converted into other products or which are subject to any manufacturing process whilst in the Buyer’s possession or under its control and which is the property of the Company.
(a) If the Buyer commits any breach of these Conditions or if in the opinion of the Company the financial responsibility of the Buyer becomes impaired or unsatisfactory the Company may without prejudice to its other rights and remedies terminate the Contract and if the Company so elects any other contract between the Buyer and the Company.
(b) The Company’s right under Conditions 14(a) shall be exercised by written notice to the Buyer and in the event of such notice being given, the Contract and (as the case may be) any such other contract shall terminate on receipt of the notice by the Buyer and the Company shall be relieved of all liability under the contract and any such contract.
15. FORCE MAJEURE
(a) The Company shall not be liable for any failure to deliver the Goods arising from circumstances outside the Company’s control. Non-exhaustive illustrations of such circumstances would be act of God, war, riot, explosion, abnormal weather conditions, fire, flood, strikes, lock-outs, Government action or regulations (whether of the Republic of Ireland or otherwise), delay or failure by suppliers, accidents and shortages of materials, labour or manufacturing facilities.
(b) Should the Company be prevented from delivering in the circumstances set out in sub-clause 15(a) it shall give the Buyer written notice of this fact as soon as reasonably practicable after discovering it.
(c) If the circumstances preventing delivery are still continuing 3 months after the notice then either party may give written notice to the other cancelling the contract.
(d) If the contract is cancelled under the provision of this Clause the Company will ensure that any funds that have been paid by the Buyer are made available as a credit on their account, for them to use for any further orders.
Any notice to be given under these Conditions may be delivered or be sent by prepaid post or registered courier, addressed to the party to be served at its registered office for the time being or (if not a company) the address for that party last known to the party giving the notice. Notices served by post (except where expressly provided otherwise) be deemed served on the second business day after the date of posting. For the purposes of this Condition 14 “business days” means a day on which banks are open for business in the place both of posting and of address of the notice.
(a) Where the Buyer has specified that the goods are to be of a certain colour or size such specification shall be subject to reasonable commercial variation.
(b) The Company may at its absolute discretion make a reasonable storage charge for custody for all goods standing to the credit of the Buyer or to the Buyer’s order.
(c) The Company shall in respect of all unpaid debts from the Buyer have a general lien on all goods and property of the Buyer in the Company’s hands and shall be entitled upon the expiration of 14 days’ notice to dispose of such goods or property as it thinks fit and to apply the proceeds towards such debts.
(d) Under no circumstances shall the Buyer be entitled to claim right of set-off claim or counterclaim in respect of any of the Company’s obligation arising in respect of matters other than the Contract.
(e) No failure or delay by the Company in exercising any of its rights under the Contract shall operate as a waiver thereof.
(f) In the event that any of these Conditions shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable in any way such invalidity or unenforceability shall in no way impair or affect any other Conditions hereof all of which shall remain in full force and effect.
(g) Clause heading are for ease reference only and do not affect construction.
18. IMPORTANT GENERAL INFORMATION: (a) Please quote our product reference numbers wherever possible.
(b) The Buyer should not sign for any delivery unless they have first checked their goods. Any goods signed for in good condition, which subsequently are noted as damaged when unparcelled, the Company or the Courier will not accept any liability for any damaged goods.
(c) We regret that the Company cannot accept responsibility for fabric faults once the fabric has been cut by the Buyer.
(d) If the Buyer’s customer cancels the order after the order has been sent for manufacture, we cannot except cancellation of same goods.
(e) We reserve the right to withdraw any designs, colours, products etc. (Due to unforeseen circumstances)
(f) We advise the Buyer not to book a fitter or any other trades person to undertake work until the Buyer has received and checked all the correct supplies.
(g) Photography is for guidance only and selections should be made from shade cards, samples etc provided.
(h) If a product is damaged or not to the Buyer’s satisfaction, the product must be returned to the Company’s premises for inspection. If not returned, there is nothing more the Company can do to facilitate you. The Company will not call to the Buyer’s customers home to examine or investigate blinds, unless the Company decide to make a special case of the situation. The Company will not remake or replace such products, without viewing and examining the original product here on the Company’s premises.
(i) We cannot accept any responsibility for any costs if the Buyer does not follow this advice.
(j) We reserve the right to refuse credit.