TERMS AND CONDITIONS

Terms & Conditions of Business
Part A: Customised Upholstery & Furniture Services

1. Conditions

1.1 These Conditions shall form the basis of the contract between Heritage Upholstery and the client in relation to the sale of Goods and/or Services, to the exclusion of all other terms and conditions which the client may purport to apply under any purchase order or confirmation of order or any other document.

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1.2 Acceptance of delivery of the Goods or commencement of the Services shall be deemed to be conclusive evidence of the Buyer’s acceptance of these Conditions.

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1.3 These Conditions represent the whole of the agreement between Heritage Upholstery and the client. They supersede any other conditions previously issued.

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1.4 Acceptance of terms and conditions. A copy of these terms and conditions (T&Cs) will be referred to when we send your quotation. On acceptance of the quotation you are deemed to have entered into a contract with Heritage Upholstery and accepted our Terms and Conditions. Your acceptance is defined by the date on which you either accept our online quotation, the date of your email acceptance or date in which your written acceptance is signed and dated.

1.5 To avoid confusion telephone orders will not be accepted. Changes to orders can only be accepted in writing.

2. Payment terms and interest

2.1 Payment of fabric and all materials (including foam) is required in full following the acceptance of a quote. This is required prior to commencement of your job ensuring that materials are ready and waiting in the workshop. No work will commence until materials payment has been received.

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2.2 The remaining labour balance from your invoice is required upon delivery of the item/s: the same calendar day that the items are delivered to you.

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2.3 Interest on overdue invoice will be charged at 8% per month or part thereof.

3. Price

3.1 The price shall be the price quoted on the agreed Heritage Upholstery quotation save as otherwise amended in these terms and conditions.

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3.2 Carriage and delivery charges will be extra unless stated and agreed as complimentary on your quotation. The client can choose to collect or have the item delivered to us. The client must on acceptance of the quotation confirm if they will collect themselves or if Heritage Upholstery is to arrange delivery. The client can arrange their own delivery if required. The cost of delivery will be covered by the client, unless the item is collected from our premises by the client, or unless stated as complimentary in our quotation.

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3.3 Any additional instructions must be confirmed in writing and a price agreed for the additional work and materials before the work can proceed. Additional work, which may not be apparent when the estimate/quotation is provided, will be advised to the client on discovery and a course of action agreed. This includes frame repairs, which are hidden by upholstery. No repairs will be undertaken without your consent.

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3.4 Prices quoted stand for 30 days as stated on your quotation.

4. Customised Upholstery and Furniture

4.1 Heritage Upholstery shall have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services, and Heritage Upholstery shall notify the client in any such event.

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4.2 All new fillings applied to furniture manufactured after 1950 will be in compliance with the Furniture and Furnishing (Fire)(Safety) Regulations 1988. All new covering fabric supplied by us will comply with the regulations with the exceptions of covers which contain 80% natural fibres, when it is acceptable to use an interliner which complies with the regulations. Furniture manufactured prior to 1950 does not come within the scope of the 1988 Regulations with regard to filling or cover.

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4.3 We do our best to advise customers of the suitability of fabrics whether supplied by us or not, however, we can only take responsibility for materials which are supplied by us only; covering fabric supplied by the Client is at their own risk. Shortage of covering fabric supplied by the Client is the Client’s responsibility.

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4.4 When the client supplies their own materials, it is their responsibility to ensure that the fabric is suitable for the purpose for which they intend to use it and that it complies with the relevant regulations in force with regard to Fire Safety (as described in clause 4.1.2). Heritage Upholstery must have a copy of the fire safety certificate to begin work. It is also the client’s responsibility to check the address details before arranging dispatch of fabrics to Heritage Upholstery.

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4.5 Heritage Upholstery must be given clear written instructions regarding fabrics being sent direct to us and the clients name must be clearly marked on the delivery note so we can check on your behalf that the correct fabric has been received.

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4.6 Please request fabric companies to roll all fabrics on tubes, with no more than one fabric per tube. One continuous length of fabric should be used unless an extra amount is taken into account for pattern matching. We will do our best to remove creases but this cannot be guaranteed.

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4.7 Heritage Upholstery cannot be held responsible for fabric flaws. If we cannot cut around them you will notified.

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4.8 Where printed and woven fabrics will not pattern match accurately, we will inform you for further instructions. We reserve the right to add a surcharge to the mark-up costs where fabrics, woven or printed off-grain, require extra time to make and where fabrics and patterns behave unexpectedly.

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4.9 Heritage Upholstery cannot be held responsible for the present or future behaviour of the treatment/fabric/trims, such as wear and deterioration, stretching, shrinking, staining, cleanability, fading or damage to person or property where the client has acted against the manufacturers/retailers instructions. i.e. Washing/cleaning instructions, steaming etc.

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4.10 All old covers will be removed prior to upholstery and will be discarded unless the client advises that they are to be returned. This advice must be written into the order.

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4.11 There may be a surcharge if we are given many small pieces of fabric from which to make a product. This surcharge will be decided on a case by case basis.

4.12 Heritage Upholstery reserves the right to refuse any item of furniture into the workshop if a) it has any kind of live infestation e.g. woodworm b) it requires extensive repairing or c) is deemed unsafe to work on.

5 Wood Products, Bespoke, Materials and Design

5.1 All of our bespoke products, including headboards and window seats, can be made to measure to fit your space, however we do not guarantee mm precision unless we are specified to do so, and some hardware such as nuts and bolts may protrude – please allow for +/- 25mm on all dimensions. (Or about 5%). The tolerances are likely to mainly occur in the height and depth of the piece as we are using solid boards which can vary slightly in size depending on how much each particular board needs sanding.

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5.2 IF YOU REQUIRE AN EXACT SIZE FOR YOUR ITEM, FOR FITTING INTO AN ALCOVE FOR EXAMPLE, PLEASE MAKE SURE TO SPECIFY THAT THE MEASUREMENT NEEDS TO BE EXACT.

We can’t take responsibility for an item which doesn’t fit or is too small if the measurement is under the 5% of tolerance.

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5.3 If we are refurbishing the wood on your furniture then due to the nature of the finishes applied, the final finishes may vary from photos online or samples we send out, but we will always do our best a get a match.

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5.4 When working to customers’ design specifications and drawings Heritage Upholstery will not be held responsible for issues with design, functionality, or stability/wood movement, unless a sample product is ordered or testing is paid for. Heritage Upholstery endeavour to ensure that any product ordered sent out is in full working order, and to our usual high standard, however if we do encounter unexpected design issues, or need to alter a customers’ design we will charge accordingly.

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5.5 We cannot be held responsible for customers preference to design elements that are not discussed or raised at the point of ordering, and will make educated assumptions based on the style of the product and it’s functionality.

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5.6 Any finishes will need maintaining, depending on use. For example some chair legs may need re-coating. For general cleaning and maintenance we will advise upon delivery of your furniture.

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6. Notice of Right to Cancel

6.1 If you wish to cancel this contract you must do so in writing and deliver personally or by post to Heritage Upholstery confirming that you wish to do so within 7 days from acceptance of our quotation and T&Cs. We do not accept such cancellation notice by email. Any deposits paid will be refunded in full. However, please note that work will not commence until the 7 days of such acceptance have passed.

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7. Delivery of Items

7.1 Heritage Upholstery endeavours to deliver items by the specified time and date, providing that the materials to complete the work are available at the time the work is to be undertaken. However, situations may arise which means the work takes longer or requires additional materials not foreseen. Heritage Upholstery will endeavour to keep the client informed at all times of supply problems or other factors, which can affect delivery times.

7.2 If the client wishes for Heritage Upholstery to deliver the items, delivery of the items shall be made to the client’s address. The client shall make all arrangements necessary to take delivery of the items on the day notified by Heritage Upholstery for delivery.

7.3 Heritage Upholstery undertakes to use its reasonable endeavours to dispatch the items on an agreed delivery date, but does not guarantee to do so. Time of delivery shall not be of the essence of the contract.

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7.4 Holiday cut-off dates: You will be given written notice of any holidays or order cut off dates that may impact the completion date of your order.

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7.5 If the client fails to take delivery of the items on the agreed delivery date or, the client fails to collect within fourteen days of such notification Heritage Upholstery shall be entitled to store and insure the items and to charge the Buyer the reasonable costs of so doing and charge for any additional deliveries.

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7.6 Heritage Upholstery reserves the right to dispose of all Items of furniture held at our workshops for two months or longer without having received a deposit, clear instructions and fabric being supplied by the client.

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8. Acceptance of the Goods

8.1 Any problems with an order, whether the fault of the client or Heritage Upholstery, must be brought to the attention of Heritage Upholstery within two days of delivery/completion. Thereafter charges will be made for any corrections. Heritage Upholstery will not be held responsible for charges if the client uses a third party to make any corrections or changes. The client will still be responsible for the original invoice. Charges will be made for corrections that are not the fault of Heritage Upholstery or for additional works/changes not forming part of the original quotation.

8.2 It is the client’s responsibility to ensure any items of furniture can fit into their property. Heritage Upholstery will not be held responsible if it does not fit into your premises. If the client requires Heritage Upholstery to make any changes to rectify the position the client will be responsible for our additional costs.

9. Title and risk

9.1 Risk shall pass on delivery of the Goods to the client’s address or upon collection by the client from our premises.

10. Limitation of Liability:

10.1 Subject to clause 13.1

10.1.1 Heritage Upholstery shall under no circumstances whatever be liable to the client, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the service provided.

12. Force Majeure

12.1 For the purposes of this Contract, Force Majeure Event means an event beyond the reasonable control of Heritage Upholstery including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of Heritage Upholstery or any other party), failure of a utility service or transport network, act of God, war, terrorism, riot, civil commotion, interference by civil of military authorities, national or international calamity, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm, earthquake, epidemic or similar events, or default of suppliers or subcontractors.

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12.2 Heritage Upholstery shall not be liable to the client as a result of any delay or failure to perform its obligations under this Contract as a result of a Force Majeure Event.

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12.3 If the Force Majeure Event prevents Heritage Upholstery from providing any of the Services and/or Goods for more than 4 weeks, Heritage Upholstery shall, without limiting its other rights or remedies, have the right to terminate this Contract immediately by giving written notice to the client.

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13. General

13.1 Governing law. This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

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13.2 Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).