TERMS AND CONDITIONS FOR THE SALE OF GOODS
1. Definitions
Buyer - the person who buys or agrees to buy the goods from Samson.
Samson - Samson Office Supplies Ltd whose head address is at Stevens Mill, Station Road, Ilminster, Somerset, TA19 9AX
Conditions - the terms and conditions of sale as set out in this document and any special terms and conditions agreed in writing by Samson.
Goods - the articles which the Buyer agrees to buy from Samson.
Price - the price for the Goods, excluding VAT and any carriage, packaging and insurance costs.
2. Conditions
2.1 These Conditions shall form the basis of the contract between Samson and the Buyer in relation to the sale of Goods, to the exclusion of all other terms and conditions including the Buyer’s standard conditions of purchase or any other conditions which the Buyer may purport to apply under any purchase order or confirmation of order or any other document.
2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods from Samson pursuant to these Conditions.
2.3 Acceptance of delivery of the Goods shall be deemed to be conclusive evidence of the Buyer’s acceptance of these Conditions.
2.4 These Conditions may not be varied except by the written agreement of Samson.
2.5 These Conditions represent the whole of the agreement between Samson and the Buyer. They supersede any other conditions previously issued.
3. Price
All goods are sold at the price shown in our current price list at the date of order, subject to any discounts Samson has agreed with you for time to time. The Price is exclusive of VAT which shall be due at the rate in force on the date of Samson’s invoice.
4. Orders
The Buyer can order anytime at www.samsonofficesupplies.co.uk or by phone on 01460 55000. Telephone lines are open Monday to Friday 8.30am to 5.30pm. Although Samson aims to process all orders the same day, if orders are received after 4.00pm or at the weekend the Buyer must assume that delivery will be as if the order had been placed the next working day.
By placing an order the Buyer warrants that the Buyer is a business user. All orders placed are subject to acceptance by Samson. Samson reserves the right to revise prices, limit quantities, correct errors in website and refuse orders at its discretion including, without limitation, orders from distributors, dealers and warehouse stores, or orders in a size that are unlikely to be for business purposes.
If an error is discovered in the price of the goods that the Buyer has ordered, we will inform the Buyer as soon as possible. In the event that the Buyer orders an item and the price published on the Site is incorrect for any reason, Samson will contact the Buyer upon discovery of the error with the correct price. Samson will be under no obligation to fulfill an order for a product which was advertised at an incorrect price. Should Samson have fulfilled the order before discovering the error, Samson reserves the right to take back the Goods and refund the purchase price or charge the Buyer the correct amount.
Except as may otherwise be permitted by applicable law, the Buyer may not cancel an order which Samson has accepted without the agreement in writing of Samson, which requirement may be waived by Samson from time to time in its sole discretion. Prices are exclusive of VAT at the current legislative rate. Ownership and title remains with Samson until full payment for products has been received.
5. Payment and Interest
5.1 Until credit facilities have been agreed or if you have failed to abide by credit terms, Samson reserves the right to require payment on delivery.
If Samson has agreed to supply the Buyer on credit you must pay all invoices in full by the last working day of the month following the month of invoice unless otherwise stated on the face of the invoice.
5.2 Interest on overdue invoices shall accrue from the date when payment becomes due calculated on a daily basis until the date of payment at the rate of [1.5%] per annum above the Bank of England base rate from time to time in force. Such interest shall accrue after as well as before any judgment.
5.3 The Buyer shall pay all accounts in full and not exercise any rights of set-off or counter-claim against invoices submitted by Samson.
6. Goods
The quantity and description of the Goods shall be as set out in Samson’s confirmation of order.
Samson has taken every care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at time of publishing and all products have been fairly and accurately described. All prices are displayed exclusive of VAT unless stated otherwise, and where applicable. Packaging may vary from that shown. All descriptions, dimensions, particulars, weights and specifications submitted by the company are deemed to be approximate only, as are details give in any company catalogue, pricelist and advertising and do not form part of the contract.
Samson has made every effort to display as accurately as possible the colours of products that appear on the website. However, as the actual colours seen will depend on the monitor, Samson cannot guarantee that any monitor's display of any colour will accurately reflect the colour of the product on delivery. Samson shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this website.
7. Password/Account Security
The Buyer is responsible for maintaining the confidentiality of passwords and account information and any activities that occur under that account. Samson will not be liable to any person for any loss or damage which may arise as a result of any failure by the buyer to protect password or account details.
8. Data Protection
All and any information provided by the Buyer to Samson Office Supplies will be treated in strict confidence with respect to privacy and according to the terms and conditions of the Data Protection Act.
9. Warranties
Samson warrants that the Goods will at the time of delivery correspond to the description given by Samson in the confirmation of order. [Except where the Buyer is dealing as a consumer (as defined in section 12 of the Unfair Contract Terms Act 1977), all other warranties, conditions or terms relating to fitness for purpose, quality or condition of the Goods are excluded].
10. Delivery of the Goods
10.1 Delivery of the Goods shall be made to the Buyer’s address. The Buyer shall make all arrangements necessary to take delivery of the Goods on the day notified by Samson for delivery.
10.2 Samson undertakes to use its reasonable endeavours to despatch the Goods on an agreed delivery date, but does not guarantee to do so. Time of delivery shall not be of the essence of the contract.
10.3 Samson shall not be liable to the Buyer for any loss or damage whether arising directly or indirectly from the late delivery or short delivery of the Goods. If short delivery does take place, the Buyer undertakes not to reject the Goods but to accept the Goods delivered as part performance of the contract.
10.4 If the Buyer fails to take delivery of the Goods on the agreed delivery date or, if no specific delivery date has been agreed, when the Goods are ready for despatch, Samson shall be entitled to store and insure the Goods and to charge the Buyer the reasonable costs of so doing.
10.5 Note that oversized or bulky items may require additional delivery time and some products are delivered to customers directly by the manufacturer and some manufacturers are unable to deliver outside of the UK mainland; Samson shall endeavour to inform you of extended delivery times at the time you place your order. In any case, Samson shall not be liable for any cost or damage caused by late or non-delivery of the Products. Any delay in delivery of the Products shall not give you a right to reject the Products or cancel your order. Samson reserves the right to deliver the Products in instalments.
10.6 Delivery times are between 9.00 am and 5.00 pm. We cannot specify an exact time when we will deliver. The delivery driver needs to obtain a signature for all parcels. If you are unavailable to accept delivery, your order may be left with a neighbour if they are willing to sign for it.
10.7 Delivery to account holders is free of charge unless stated at time of order. Please note we cannot deliver to PO Boxes or BFPO addresses.
10.8 Timescales for furniture deliveries are usually between 3 and 5 working days, although certain ranges may take up to 3 weeks. Unfortunately we are unable to deliver and assemble furniture outside of the UK mainland. Please note that delivery days quoted are working days, and for some areas of Northern Scotland and the Scottish Highlands could take longer. Also additional carriage costs may apply to these areas. For further information on carriage costs or delivery timescales, please contact Customer Services on 01460 55000. Information regarding assembly services can be found on individual furniture ranges.
11. Acceptance of the Goods
11.1 The Buyer shall be deemed to have accepted the Goods 72 hours after delivery to the Buyer.
11.2 The Buyer shall carry out a thorough inspection of the Goods within 72 hours of delivery and shall give written notification to Samson within 5 working days of delivery of the Goods of any defects which a reasonable examination would have revealed.
11.3 Where the Buyer has accepted, or has been deemed to have accepted, the Goods the Buyer shall not be entitled to reject Goods which are not in accordance with the contract.
12. Return of Goods
No goods will be accepted for return without prior agreement and a handling charge will be made if goods are accepted for any reason other than faults of manufacture or seller error. Drivers are unable to collect goods without an authorised collection note.
Products such as laptops, selected business machines and software (provided they are unopened and unused only) are excluded from our standard returns policy. Food and drink, made-to-order and personalised items are also non-returnable at any time.
13. Title and risk
13.1 Risk shall pass on delivery of the Goods to the Buyer’s address.
13.2 Notwithstanding the earlier passing of risk, title in the Goods shall remain with Samson and shall not pass to the Buyer until the amount due under the invoice for them (including interest and costs) has been paid in full.
13.3 Until title passes the Buyer shall hold the Goods as bailee for Samson and shall store or mark them so that they can at all times be identified as the property of Samson.
13.4 Samson may at any time before title passes and without any liability to the Buyer:
13.4.1 repossess and dismantle and use or sell all or any of the Goods and by doing so terminate the Buyer’s right to use, sell or otherwise deal in them; and
13.5 Samson may maintain an action for the price of any Goods notwithstanding that title in them has not passed to the Buyer.
14. Liability
Samson shall not be liable for any loss of income or profits or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by the negligence of Samson, its breach or non-performance or any of its obligations under these Terms or otherwise.
These Terms set out the full extent of Samson’s obligations and liabilities in respect of the sale of the Goods. In particular there are no conditions, warranties or other terms, expressed or implied, as to satisfactory quality, fitness for a particular purpose or of any other kind whatsoever, that are binding on Samson except as specifically stated in these Terms.
Any condition, warranty or other term concerning the sale of the Goods, which might otherwise be implied into or incorporated within these Terms, whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.
15. Carriage of Goods
The company reserves the right to charge carriage at its discretion.
16. Governing Law
The law of England shall govern the validity, construction and performance of and contract to which these conditions apply.