TERMS AND CONDITIONS

These are the Terms and Conditions for Caledonian Furniture Manufacturing Ltd, a company registered in Scotland under number SC099458 , whose registered office is at 2e Napier Place, Wardpark, Cumbernauld, Scotland, G68 0LL and trading address is 15-17 Glencryan Road, Cumbernauld G67 2UH


Updated: 5th July 2024



1. Definitions

1.1. As part of these Terms & Conditions, the following definitions apply:

Customer: Any organisation who purchases goods or services directly from Caledonian Furniture Manufacturing Ltd.

End-User: Any organisation or individual who purchases goods or services from a Customer.

Goods: Any products or services the Customer purchases from Caledonian Furniture Manufacturing Ltd.

Terms and Conditions: Means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by Caledonian Furniture Manufacturing Ltd.

Call off Stock: Refers to any Goods that are held on Caledonian Furniture Manufacturing Ltd premises after invoicing, on the Customer's behalf for delivery at a later date.

Website: The website of Caledonian Furniture Manufacturing Ltd https://www.calfurn.co.uk/.


2. Conditions

2.1. All orders for Goods placed via this Website, by telephone, fax, email or EDI will be subject to these Terms and Conditions.

2.2. Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by Caledonian Furniture Manufacturing Ltd.

2.3. Any complaints should be addressed in writing to Caledonian Furniture Manufacturing Ltd, 17 Glencryan Road, Cumbernauld G67 2UH.

2.4. No waiver by Caledonian Furniture Manufacturing Ltd (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.

2.5. Caledonian Furniture Manufacturing Ltd shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to, acts of God, strikes, lockouts, accidents, war, fire, failure of any communications, telecommunications or computer system,

breakdown of plant or machinery or shortage or unavailability of Goods, and Caledonian Furniture Manufacturing Ltd shall be entitled to a reasonable extension of its obligations.

2.6. Caledonian Furniture Manufacturing Ltd shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Customer upon making a purchase.

2.7. Caledonian Furniture Manufacturing Ltd endeavours to ensure that this Website is updated on a regular basis and that the data and other material available is correct and complete, we do not accept liability for any errors made or omissions from this Website. Caledonian Furniture Manufacturing Ltd shall not be liable for any claims or losses of any nature, arising indirectly or directly from the use of data or material on this Website or unauthorised access to this Website or otherwise however arising (except to the extent required by law).

2.8. Links to other sites from this Website are for information only and Caledonian Furniture Manufacturing Ltd accepts no responsibility or liability arising from access to, or the material on, any site which is linked from or to this Website.


3. Ordering

3.1. All orders for Goods shall be deemed to be an offer by the Customer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by Caledonian Furniture Manufacturing Ltd. We may choose not to accept an order for any reason.

3.2. Where the Goods ordered by the Customer are not available from stock the Customer shall be notified and given the expected date the Goods are available.

3.3. Modifications to orders can only be accepted with the full approval of Caledonian Furniture Manufacturing Ltd in writing, and any charges which result in such a modification may be billed to the Customer.


4. Prices

4.1. All prices quoted exclude VAT and delivery charges where applicable. Although every effort is made to publish and quote correct prices, Caledonian Furniture Manufacturing Ltd shall not be held responsible for pricing mistakes that may occur. Prices may change without notice at any time.

4.2. Caledonian Furniture Manufacturing Ltd reserves the right to periodically update prices in our Price List and on the Website, which cannot be guaranteed for any period of time.


5. Cancellation

5.1. Customers can cancel orders prior to Goods being manufactured. Caledonian Furniture Manufacturing Ltd reserves the right to make a charge of up to 20% of the full amount of the order. If only part of an order is being cancelled, the charge will be up to 20% of the value of the order lines cancelled.

5.2. All cancellations must be reported to Caledonian Furniture Manufacturing Ltd via email to sales@calfurn.co.uk .


6. Delivery or Completion

6.1. Every effort is made to deliver promptly, but no delivery or completion dates are guaranteed and are subject to availability of materials.

6.2. Caledonian Furniture Manufacturing Ltd reserves the right to make deliveries in instalments if necessary. Delay in delivery does not relieve the Customer of their obligation to accept and pay for the remaining deliveries or Goods already delivered.

6.3. All claims for non-delivery shall be deemed waived unless reported to Caledonian Furniture Manufacturing Ltd within 14 days of the delivery date of each shipment, or if there is a proof of delivery with a valid signature.

6.4. The risk of damage and loss transfers to the Customer once delivery has taken place and the Goods signed for.

6.5. The normal delivery area for Caledonian Furniture Manufacturing Ltd is the United Kingdom, Northern Ireland and the Republic of Ireland.

6.6. Any delivery charges for the following reasons may be, in turn, passed on to the customer.

- Delivery destination closed

- Delivery refused

- The wrong delivery address or contact details are given to Caledonian Furniture Manufacturing Ltd

6.7. Where redelivery is requested for deliveries that failed for any of the reasons in clause 6.6, the standard delivery charge for the destination will be charged to the Customer.

6.8. Where delivery is direct to the End-User, the Customer is responsible for informing the End-User of the delivery date.

6.9. Caledonian Furniture Manufacturing Ltd will endeavour to ship by the route which in its absolute discretion considers being the most practical considering costs and the required date of delivery.

6.10. Caledonian Furniture Manufacturing Ltd will not be liable for any damages arising from shipments not arranged by Caledonian Furniture Manufacturing Ltd.


7. Payment

7.1. Unless otherwise agreed in writing payment for Goods should be settled within 30 days from the date on the invoice for approved credit account Customers.

7.2. For non-credit accounts, Customers payment should be made at the time of ordering in advance of delivery by bank transfer.

7.3. Caledonian Furniture Manufacturing Ltd reserves the right to apply an 8% surcharge per month for late payment of the outstanding debt.


8. Title of Goods

8.1. The property of all Goods supplied by Caledonian Furniture Manufacturing Ltd shall remain with them until all monies in respect of the Goods have been paid.

8.2. Should the Customer default on any payment due under any contract Caledonian Furniture Manufacturing Ltd has the right without prejudice to recover and remove from the Customer’s premises the Goods to which the default refers. The same shall also apply should the Customer become bankrupt or insolvent or have a receiving order made

against them or compound with their creditors or carry on their business under a Receiver for the benefit of their creditors.


9. Liability

9.1. All shipping dates are approximate and Caledonian Furniture Manufacturing Ltd shall not be liable for delays caused beyond their reasonable control.

9.2. Caledonian Furniture Manufacturing Ltd shall not be liable for and the Customer shall indemnify Caledonian Furniture Manufacturing Ltd against any claim for loss or damage caused by goods supplied by Caledonian Furniture Manufacturing Ltd whilst in the possession of the Customer including any third party claims.


10. Warranty

10.1 The warranty applies to Goods manufactured and sold by Caledonian Furniture Manufacturing Ltd (except in cases otherwise stated).

10.2 Fully welded painted steelwork carries a 10 year warranty, finished woodwork carries a 2 year warranty.

10.3 To make a claim we require all details of the original order reference, a description of the  alleged fault, details of the environment it has been used, when it occurred and visual sight of the product. If determined that the fault is down to workmanship we will replace or repair at our discretion.


11. Shortages

11.1. Any shortages or discrepancies must be reported in writing to sales@calfurn.co.uk within 14 days of the date of delivery.


12. No Sale or Return

12.1. This Agreement is for the commercial sale of Goods and does not offer a sale or return policy, i.e. the return of surplus goods. Orders placed are considered final upon confirmation and cannot be cancelled or returned for a refund or exchange.

12.2. As this Agreement is for commercial trade purposes only, consumer protection laws do not apply. This includes, but is not limited to, any statutory rights to return or cancel orders.

12.3. Caledonian Furniture Manufacturing Ltd reserves the right to offer exceptions to this clause on a case-by-case basis, at its sole discretion.


13. Call off Stock

13.1. All requests to hold Call off Stock must be authorised in advance by Caledonian Furniture Manufacturing Ltd.

13.2. It must be clearly stated on the purchase order if Goods are to be held as Call off Stock. Failure to do so may lead to the order being dispatched and the customer is liable for any shipping costs.

13.3. Call off Stock will be held for a maximum of 30 days unless prior agreement in writing with the Caledonian Furniture Manufacturing Ltd Sales Manager.

13.4. After 30 days (space permitting) Caledonian Furniture Manufacturing Ltd can negotiate a charge to hold the Call off Stock for longer or arrange delivery, cost of shipping will be notified in advance.


14. Intellectual Property

14.1. The contents of the Caledonian Furniture Manufacturing website are copyright - Caledonian Furniture Manufacturing Ltd. All rights reserved. Except solely for your own personal use, the contents of this site whether in part or in whole cannot be reproduced, transferred, distributed or stored in any form without the prior written permission of Caledonian Furniture Manufacturing Ltd.


15. Law

15.1. If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.

15.2. These Terms & Conditions shall be interpreted, construed and enforced in accordance with Scottish law and shall be subject to the exclusive jurisdiction of the Scottish Courts.