Terms & Conditions

Definitions : =
"The seller" = BM Furniture Ltd, "The buyer" = the person or company which places the order with the seller.
"The goods" = the articles, things described in the order, "The order"= the order placed by the buyer of the goods.
Unless otherwise agreed in writing by the seller these conditions which supercede any earlier conditions appearing in the seller's catalogue or elsewhere shall override any terms and conditions stipulated incorporated or referred to by the buyer whether in the order or in any negotiations and all guarantees warranties or conditions (including any conditions as to quality or fitness for particular purpose) whether express or implied by Statute Common Law or otherwise are excluded and hereby negated (save where such exclusions are prohibited by the Unfair Contract Terms Act 1977).
All descriptions specifications drawings and particulars of weights dimensions and materials have been given by way of identification only and the use of such information shall not constitute a sale by description. The seller's employees and agents have no authority to make any representation statement or report not contained in or incorporated into the quotation by the seller and the seller shall not be bound by any unauthorized representation statement or report if the seller adopts any changes in construction design or specification of its products the buyer shall accept the product so changed in fulfillment of the order.
Any admin and labeling requirements are entirely at B.M.F discretion and are liable to a surcharge.
To comply with current legislation, cash cannot be accepted for orders in excess of £9,000 (inclusive of VAT).
Payment terms and credit accounts are at the discretion of the seller who reserves the right to refuse credit at any time.
The seller will notify the buyer orally or in writing of the arrival of the goods at the premises of the seller and the buyer shall agree to a specified date for delivery of such goods. In the event that the buyer fails to offload the goods within 30 minutes (or within 4 hours in the case of a delivery of a container) of their arrival at the buyer's premises or such other destination as notified to the seller in the order at the time so specified the buyer shall be liable to the seller for the additional costs incurred by the seller. The seller shall not be liable to the buyer for any damage or loss arising directly or indirectly from any delay in delivery.
The seller does not guarantee the exact quantity of goods so delivered and the buyer shall accept and pay in full at the order price for all goods actually delivered notwithstanding minor discrepancies between the quantities ordered and the quantities delivered. The seller may at its absolute discretion dispatch and invoice part orders.
Delivery charges are included in the price except where otherwise stated. Goods are not accepted by the seller for return from the buyer without the prior consent of the seller in writing. Payment shall be made in accordance with the terms agreed between the seller and the buyer and in the event of late payment the seller shall be entitled to interest on the amount outstanding at the rate of 4% above the base rate of Royal Bank of Scotland PLC from time to time in force calculated from day to day.
All documentation (Invoice, Delivery Notes, Return Notes) must be signed by the buyer and the driver delivering the order. In the event that the quantity of goods delivered falls short of the quantity specified on the documentation the actual quantity unloaded shall be recorded on the documentation and countersigned by the buyer and the driver delivering the goods. In the event of a container delivery the driver shall also record the container Seal Number and whether “Seal Broken” or “Seal Intact” on delivery.
The buyer shall inspect the condition of the goods as soon as possible after delivery and shall within 48 hours from such inspection give notice in writing to the seller of any matter or thing by reason whereof he alleges that the condition of the goods is not in accordance with the contract. If the buyer fails to give such notice the condition of the said goods shall be deemed to be in all respects in accordance with the contract and the buyer shall be bound to accept and pay for the same accordingly. Any goods for the subject of a claim by the buyer shall be retained by the buyer pending inspection by the seller. If the buyer requires replacement goods whilst a claim is being inspected by the seller the buyer shall purchase said goods. If the seller accepts the buyer's claim then the buyer shall receive full credit against the claim.
Any service report found to be invalid by our individual service technician will be charged back to the retailer at £75 + VAT
The seller shall not be obliged to entertain or discharge any claim for less than £150 and the maximum liability of the seller for shortages and defects in respect of any goods shall be the amount invoiced by the seller to the buyer in respect therefore. Under no circumstances shall the seller be liable to the buyer for loss of profits or economic loss.
Delivery will only be arranged in accordance with the methods specified in BMF Operating Procedures
The goods shall be at the buyer's risk from the time of delivery to the buyer's premises or to such other destination as notified to the seller on the order.
(a) The goods and any other goods delivered by the seller to the buyer shall remain the sole and absolute property of the seller as legal and equitable owner until such time as all money due to the seller has been paid to the seller.

(b) The buyer acknowledges that it is in possession of all such goods as bailee for the seller until such time as they become the property of the seller under paragraph 11(a).

(c) Until the goods become the property of the buyer the buyer undertakes to store such goods on its own premises separately from its own goods or those of any other person and in a manner which makes them readily identifiable as the sellers goods.

(d) The buyer's right to possession of such goods shall cease if it does anything or fails to do anything which would entitle a receiver to take possession of its assets or which would entitle any person to present a petition for the winding up or bankruptcy of the buyer.

(e) The seller may for the purpose of examination or recovery of its goods enter upon any premises where they are stored or where they are reasonably thought to be stored.

(f) In the event that the buyer purports to sell all or part of such goods before the property therein passes to the buyer the entire proceeds of such purported sale shall be held in trust for the seller and shall not be mingled with any other money or paid into any overdrawn bank account and shall at all times be identifiable as the seller's money.

(g) The buyer warrants that it is not at the time of entering into this agreement insolvent, and knows of no circumstances which would entitle any creditor to appoint a receiver or to petition for winding-up or bankruptcy or to exercise any other rights over or against its assets.

(h) ALL FURNITURE SOLD IS INTENDED FOR DOMESTIC USE. WE CANNOT ACCEPT RESPONSIBILITY IF USED FOR CONTRACT/COMMERCIAL PURPOSES.

(i) WE RESERVE THE RIGHT TO INCREASE PRICES ON IMPORTED GOODS AT SHORT NOTICE, IF APPROPRIATE.