Terms & Conditions
Maintenance Information
Use a warm, damp soft cloth to gently remove any dust. For a deeper clean use a slightly soapy cloth. Dry the surface thoroughly immediately after. Never use bleach, harsh chemicals, silicone spray polishes, abrasive sponges or scourers on the surface. Specialist wood cleaners are our recommended cleaning products for all solid wood surfaces. Although most spills will wipe away, you should always immediately wipe off anything that could stain such as coffee, red wine and vinegar. If left, the surface may need refinishing to remove the stain. Should this be the case we would always recommend consulting a specialist or contacting us directly for further advice.
Moist and humid conditions can cause the wood grain to feel rough. This is due to the wood absorbing the water, causing the grain to swell. Ideally, the relative humidity for solid wood furniture is between 30 and 60%. Water should never be left to stand on the surface of the wood and steel. Any moisture should be immediately wiped dry. Uneven release of moisture may cause warping and splits to occur.
Whilst the finishes are resistant to moderate heat from plates and mugs, this will degrade the finish faster and could mark the surface; we always recommend using coasters and placemats. Furniture shouldn’t be placed too close to heat sources like radiators, wood burners etc. Strong heat sources or changes to the relative air humidity can cause uneven dry areas in the wood, resulting in cracking or openings at the joints.
Glides may need to be replaced at times, please contact us for details of replacements.
Touch up kits are available on request should the furniture get marked from use.
Avoid the use of chemicals on the wood, stone, and ceramic finishes
Keep out of humid environments
For reasonable contract usage only
Do not stack non-stacking chairs
Do not drop items onto the furniture
Do not leave heavy items on the products
Do not stand on the furniture
Standard Terms & Conditions of Sale
Applicable to Jarrett Furniture Ltd and any Company which is a subsidiary thereof as defined by s.736 of the Companies Act 1985.
1. Contracts
(a) Contracts are made and orders are accepted only upon and subject to these Conditions of Sale. All other conditions are hereby excluded unless expressly accepted in writing by Jarrett Furniture Ltd (hereinafter called ‘the Sellers’).
(b) In entering into a contract with the Sellers, the Buyer acknowledges that the contract has not been induced by any representations orally or in writing made by the Sellers, their servants or agents.
(c) No quotation, estimate or tender given or made by the Sellers shall form an offer capable of acceptance by the Buyer. A binding contract for sale shall only be created upon the acceptance in writing by the Sellers of the Buyer’s order or other offers to purchase.
(d) Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Sellers shall be subject to correction without any liability on the part of the Sellers.
2. Prices
(a) Any applicable value-added tax or any other sales tax or excise duties paid or payable by the Sellers shall be added to the price and shall be payable by the Buyer.
(b) Firm price quotations are valid for a period of one month only(or another amount of time if stated on the document) from the date of quotation or proforma invoice unless otherwise stated. The Sellers may, at their absolute discretion, accept or reject any order placed by the Buyer.
(c) In the event of the Buyer cancelling a part of the order in accordance with the provisions of Clause 14, the Sellers reserve the right to revise the price or prices quoted for goods already delivered.
(d) The Sellers reserve the right to review the contract price(s) in the event of devaluation of the pound sterling or fluctuation in the rates of foreign exchange.
3. Conditions of Warranties
(a) Where samples of goods or colour charts are provided, these are submitted only as indicative of the class, size or colour of goods quoted for and sales of goods shall not be by reference to any such samples or colour charts.
(b) Where the Buyer supplies own materials to be used within the manufacturing process of the order, they must comply with the necessary governing laws relating to fire regulations. The Sellers exclude any liability arising where such materials are not suitable for such use.
(c) Where the Buyer supplies lengths of fabrics to be used within the manufacturing process they must only be guided by lengths specified in quotations and proforma invoices. All fabric length guides shown are based on a fabric being 140cms in width and do not take into account any pattern repeats.
(d) Buyer accepts full responsibility and liability for their specified fabrics’ suitability for upholstery and the effect that is produced when using buyers’ specified fabrics.
(e) Where the Buyer supplies wood colour samples, these are submitted only as indicative of the stain colour. Finished colours may vary slightly depending on natural grains. The Sellers will match to as near as possible in colour only.
(f) Whilst all description and illustrations of the goods in (Inter alia) site pages, specification sheets and booklets provided by the Sellers have been carefully prepared, they are intended nevertheless for general guidance only and do not form part of any contract for the sale of goods and no responsibility is accepted for any errors or omissions therein or for any loss or damage resulting from reliance on such descriptions and illustrations.
(g) All conditions, warranties, terms and obligations, whether expressed or implied by statute, common law, custom or otherwise (including, without prejudice to the generality of the foregoing, any warranty or condition as to the merchantable quality or fitness for any particular purpose of the goods) are excluded to the fullest effect permitted by law.
(h) Where the Sellers agree to provide a specially designed plan, the Buyer agrees that he is obliged to check the accuracy and suitability of the plan and that the Sellers shall not be liable for any omissions or inaccuracies in the measurements given. Any plan drawn up by the Seller is, and remains their property and may not be reproduced in whole or in part without written consent.
(i) Unless otherwise stated, all complete tables above the overall height of 15 inches are supplied unassembled regardless of how they are illustrated.
4. Intellectual Property Rights
Any design rights, utility models, patents, inventions, logos, business names, trademarks, domain names, copyright, moral rights, rights in databases, source codes, reports, drawings, specifications, know-how, trade secrets, rights in software, rights in the nature of unfair competition and the right to sue for passing off and any other equivalent or similar rights to any of the foregoing in any jurisdiction, whether registered or unregistered; Output Material: any documents, files, plans, drawings, designs, content, text, images, logos, photographs or other materials (including fabrics), and any specification, data or other information provided by the Company to the Customer relating to the Goods and/or Services; are property of Jarrett Furniture Ltd.
5. Delivery by the Sellers
(a) Any dates quoted for delivery of the goods are approximate only and the Sellers shall not be liable for any loss or damage howsoever caused by reason of any delay in delivery of the goods.
(c) The Sellers reserve the right to deliver goods by instalments and in such event each instalment shall be treated as a separate contract save that the delivery of further instalments may be withheld until goods contained in earlier instalments have been paid for in full.
(d) Where goods are held by the Sellers awaiting delivery instructions, they may be subject to a storage charge - see ‘Deliveries’.
6. Delivery by the Buyers
(a) Entire responsibility and liability fall with the buyer for the goods in the situation where the buyer organises the collection of the goods themselves directly working with a third party separate from the seller.
(b) Entire responsibility and liability fall with the buyer for the goods in the situation where the buyer pays the third company directly for the freight, and the seller organises the freight (on the buyers’ behalf).
7. Damage, Loss, Short Delivery
(a) On delivery, the Buyer shall examine the goods for defects and completeness. Thereafter no claim for damage in transit, shortage in delivery or loss of goods will be entertained unless, in the case of damage, a separate notice in writing is given to the Sellers within 7 days of delivery; or, in case of loss of goods, a separate notice in writing and a claim is given to the Sellers within 7 days of the date of the Sellers Invoice to the Buyer. In all cases, a signature ‘unexamined’ shall be deemed to be an unconditional acceptance of the goods.
(b) The Sellers shall not in any circumstances be liable, whether in contract or tort, to the Buyer for any indirect or consequential loss or damage (including, without limitation, loss of profits, loss of contracts or damage to property) or for any claim against the Buyer by any third party and the guarantee given by the Sellers hereunder shall not be transferable to any person.
(c) The Seller’s liability for damage or non-delivery of goods duly notified in accordance with the above shall, in any event, be limited to replacement of the goods within a reasonable time (or, at the Seller’s option, refunding the price thereof) whether the damage or non-delivery is to the Sellers negligence or otherwise.
IF AN ITEM IS FOUND TO BE DAMAGED THE CLAIM NEEDS TO BE MADE UPON RECEIPT AND CARGO HELD INTACT SO THE
AN INSURANCE ADJUSTER CAN INSPECT THE GOODS
ANY DAMAGES TO PACKAGING OR GOODS MUST BE RECORDED AND PHOTOGRAPHED ASAP, CLAIMS WILL OTHERWISE BE REJECTED WITHOUT SUFFICIENT PROMPT PROOF
8. Sales to Arrive
Sales made ‘to arrive’ are subject to shipment and the safe arrival of goods at the designated port. Any variation in the total of the war risk insurance rate or of any charge, tax, levy, duty or import on the goods shall be for the Buyers account
9. Limitation of Damages
IN NO EVENT SHALL EITHER PARTY BE LIABLE HEREUNDER TO THE OTHER PARTY FOR ANY PUNITIVE, RELIANCE, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST REVENUE, LOST PROFITS, OR LOST SAVINGS) HOWEVER CAUSED AND UNDER ANY THEORY, EVEN IF IT HAS NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS SET FORTH IN THIS SECTION 8.2 (LIMITATION OF DAMAGES) SHALL NOT APPLY WITH RESPECT TO (A) ANY BREACH OF ARTICLE 9 (CONFIDENTIALITY) OR (B) THE INTENTIONAL MISCONDUCT OF A PARTY. NOTHING IN THIS SECTION 8.2 (LIMITATION OF DAMAGES) IS INTENDED TO LIMIT OR RESTRICT THE INDEMNIFICATION RIGHTS OR OBLIGATIONS OF A PARTY UNDER THIS ARTICLE 8 (INDEMNIFICATION) WITH RESPECT TO ANY DAMAGES PAID BY THE OTHER PARTY TO A THIRD PARTY IN CONNECTION WITH A THIRD-PARTY CLAIM.
10. Defective Goods, Limitation of Liability
The Seller warrants that Goods will conform in all material respects to the specification and will be free from defects in design and workmanship under normal conditions of use for a minimum of 12 months from delivery unless mentioned otherwise, provided that the defect is not attributable to fair wear and tear or any fault or damage arising from impact, modification, accident, neglect, abnormal working conditions, inappropriate working conditions, inappropriate use or treatment, incorrect handling or exposure to such other substances as may be injurious to such materials.
If the Buyer claims or detects a defect in the goods, the Buyer will return the defected part of the good to the sellers, (or in the case when the entire item has defects) will return the entire model to the sellers, with the suitable outcome of the Return chosen by the Seller or, if the goods are retained by the Buyer, indemnify and keep the Seller, indemnified against all liability and claims which may arise out of or incidental to the defect.
The Seller shall not be liable for a breach of the warranty or any other warranty condition or guarantee If:
a) the total price for the Goods has not been paid by the due date for payment;
b) the Buyer makes any further use of such Goods after giving such notice;
c) the defect arises because the Buyer failed to follow The Sellers oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods; or
d) the Buyer alters or repairs the Goods without the prior written consent of The Seller.
If delivery is not refused, and the Buyer does not notify The Seller in writing within 7 days from receipt of goods the Buyer shall not be entitled to reject the Goods and The Seller shall have no liability for such defect or failure, and the Buyer shall be bound to pay the price as if the Goods had been delivered in accordance with the contract. In no event shall the Buyer be entitled to reject the Goods on the heels of any defect or failure, which is so slight that it would be unreasonable for him to reject them.
The seller does not cover the cost of the freight/delivery cost of replaced items from their manufacturing/storage location to the buyer’s chosen delivery address.
The Seller’s sole liability for breach of the warranty set out shall be at The Seller’s option to repair or replace defective Goods, or to refund the Contract price. If The Seller complies with this condition The Seller shall have no further liability for any breach of the warranty in respect to such Goods.
Any Goods replaced or repaired by The Seller shall be guaranteed on these terms for the unexpired portion of the 12 month period.
Nothing in these Conditions excludes or limits the liability of The Seller for death or personal injury caused by The Seller’s negligence or fraudulent misrepresentation.
11. Goods ‘Sold to Arrive’
(a) For goods sold ‘to arrive’, instructions for delivery shall be given in time for them to be carried out upon arrival. In the absence of such instructions the provisions of Clause 5(c) hereof shall apply.
(b) The cost of freight is excluded in all prices unless otherwise mentioned.
12. Terms of Payment
(a) Unless otherwise agreed in writing, the price for the Goods shall be paid by the Buyer in cash 50% when ordered and 50% prior to loading of the goods in their country of manufacture to be advised during the initial manufacturing period of the goods following deposit payment, and in default, the Sellers shall be entitled to withhold delivery until payment is received in full. In the case of non-cash sales, unpaid accounts not settled by due dates, the Sellers shall be entitled to charge and recover interest from the Buyer on the price of the goods calculated at the rate of four per cent per annum above the National Westminster Bank base rate from time to time from the due date until the date of full payment.
(b) The discounts allowable to the Buyer are those shown on the Sellers quotation or order acknowledgement only, and, unless expressly agreed in writing, no other discounts or commissions are to become due or allowable to the Buyer (any previous course of dealing between the parties notwithstanding).
(c ) Should the order be cancelled once in progress we reserve the right to deduct any expenses incurred from this deposit prior to making any refund.
13. Late Payment
(a) When the payment of any of the Sellers invoices is overdue, the Sellers may suspend its performance of the contracts to which the invoice relates and/or of any other contract then subsisting between the Sellers and the Buyer.
(b) In the event of legal action being taken by the Sellers against the Buyer for breach of payment obligations hereunder, the Buyer shall be responsible for all costs and disbursements incurred by the Sellers on a full indemnity basis.
14. Risk and Liability
(a) Risk of damage to or loss of the goods shall pass to the Buyer at the time of delivery or, if the Buyer wrongfully fails to take delivery of the goods, the time when the Sellers have tendered delivery of the goods. For the purposes of this Clause, ‘delivery’ shall mean the arrival of the goods at the place of delivery of the Buyer where delivery is by the Sellers. And where the delivery is by the Buyers, the delivery risk falls to the buyers at the point when the first item is loaded.
15. Retention of Title
(a) Notwithstanding delivery and the passing of risk in the goods or any other provision of these conditions, the property in the goods shall not pass to the Buyer until the Sellers have received in cash (or cleared funds) payment in full of the price of the goods and all other goods agreed to be sold by the Sellers to the Buyer for which payment is then due.
(b) Until such time as the property in the goods passes to the Buyer, the Buyer shall hold the goods as the Sellers fiduciary agent and bailer and shall keep the Goods separate from those of the Buyer and third parties and properly stored, protected and insured and identified as the Sellers property. Until that time the Buyer shall not be entitled to resell or use the Goods in the ordinary course of its business, but if sold the Buyer must account to the Sellers for the proceeds of sale or otherwise of the goods, whether tangible or intangible, including insurance proceeds, and shall keep all such proceeds separate from any monies or property of the Buyer and third parties and, in a case of tangible proceeds, properly stored, protected and insured.
(c) Until such time as the property in the goods passes to the Buyer (and provided the goods are still in existence and have not been resold), the Sellers shall be entitled at any time to collect the goods.
(d) The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of the Sellers, but if the Buyer does not so, all monies owing by the Buyer to the Sellers shall (without prejudice to any other right or remedy of the Sellers) forthwith become due and payable.
16. Customer Cancellation of Orders
Contracts and orders and parts thereof may be cancelled only by the Seller’s written acceptance of such cancellation. Where the Sellers accept such cancellation, the Sellers reserve the right to charge the Buyer with the amount of any losses or expenses directly or indirectly resulting from such cancellation. Where the Sellers do not accept such cancellation, they, the Sellers, reserve the right to recover the invoice price from the Buyer and to charge the Buyer with additional losses both direct and indirect resulting from such cancellation. In any case, where the Sellers were required to place a deposit with a manufacturer or supplier in respect of an order, the Sellers may require the Buyer to reimburse such sum in the event of cancellation.
17. Lengths
(a) The sellers reserve the right to make a cutting charge in respect of all cutting to size and if the Sellers are unable to meet the exact length specification for fabric, they reserve the right to supply and charge for the nearest available length up.
(b) Measurements of size, weight or finish of goods are nominal in accordance with normal trade usage and the Sellers do not accept liability for variation due to normal manufacturing processes or the cutting to size of the goods.
18. Consents
The obtaining of any necessary consents for the installation of the goods, whether from local or other authorities or for ensuring that the installation of the goods is in accordance with the provisions of any by-laws, regulations or statutes shall not be the responsibility of the Sellers.
19. Force Majeure
The Sellers shall not be liable to the Buyer or be deemed in breach of contract by reason of any delay in performing, or any failure to perform, any of the Sellers obligations in relation to the goods if the delay or failure was due to any cause beyond the Sellers reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Seller’s control;
(a) act of God, explosion, flood, tempest, fire or accident;
(b) war or threat of war, sabotage, insurrection, civil disturbance or requisition;
(c) acts, restrictions, regulations, by-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
(d) import or export regulations or embargos;
(e) strikes, lockouts or other industrial actions or trade disputes (whether involving employees of the Sellers or of a third party);
(f) difficulties in obtaining raw materials, labour, fuel, parts or machinery;
(g) power failure or breakdown in machinery.
20. Insolvency, Bankruptcy
The Sellers shall have the right to terminate the contract forthwith where the Buyer becomes insolvent or bankrupt or makes arrangements with its creditors or suffers a receiver to be appointed or being a body corporate enters into liquidation (other than in connection with reconstruction or amalgamation) in any of which cases the Sellers shall have no further obligation hereunder and the price for all goods delivered and work done shall become immediately due and payable.
21. Law
These conditions shall be governed and construed in accordance with English law and all disputes arising in connection therewith shall be submitted to the jurisdiction of the English courts
22. Security Agreement
Debtor, for consideration, and to secure payment of the indebtedness evidenced by a certain promissory note of even date herewith, in the sum of the invoice total, payable to the Secured Party, or order, hereby grants to Secured Party a security interest in the
following commercial property (hereinafter called the "COLLATERAL"), including (except in the case of consumer goods as defined in the Uniform Commercial Code) all additions, replacements, and accessories thereto: All items listed on proforma/invoice.