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Street Furniture Works Terms & Conditions of sale

  1. In these conditions ‘SFWks’ shall mean Street Furniture Works Limited. The ‘Customer’ shall mean the person, firm or company placing an order with Voss.
  2. These Terms and Conditions shall be final and binding on the Customer in respect of all orders placed and accepted and in respect of all goods supplied.
  3. There shall be no variation, qualification or alteration imposed by the Customer of any of these terms and conditions herein contained whether express or implied unless such variation, qualification or alteration has been specifically agreed in writing by a duly authorised officer of SFWks.
  4. Any quotation or price issued by SFWks shall not be deemed to constitute an offer to sell the product therein referred to and is merely an invitation for an Order subject to these Terms and Conditions and subject to the acceptance of such Order by SFWks.
  5. Any description or technical information contained in SFWks advertising literature shall represent a general description of the goods and products only and shall not form part of any contract between SFWks and the Customer.
  6. Products will be supplied with SFWks current standard design and finish and SFWks reserve the right to amend or change the detail, design or specification of any item offered at any time without notification to the customer.
  7. Dimensions stated are meant as a guide only and do not form part of any Contract
  8. SFWks shall be under no obligation to start processing or deliver any order until SFWks are in receipt of an Order form signed by the Customer together with, in the case of a Customer who does not have an account a cheque for the amount of the Order being the invoice price plus the cost of carriage and VAT. Delivery of goods prior to written acknowledgment shall be deemed to constitute acceptance of these Terms and Conditions by the Customer.
  9. In the event of any discrepancy between the Customer’s Order and these Terms and Conditions, these conditions shall prevail unless any alteration to these Terms and Conditions has been agreed in writing by a duly authorised representative of SFWks.
  10. Orders are accepted by SFWks on the basis that the goods will be supplied at the prices ruling at the date of despatch. Prices previously quoted whether on the pro forma invoice or on the acknowledgment of Order shall be as a guide only.
  11. All prices quoted in SFWks Official Quotation shall be exclusive of the cost of packaging and carriage which will be charged separately unless specifically stated on the Official Quotation.
  12. All accounts are strictly nett and are payable within thirty days of the date of the invoice.
  13. Where payment is not received by the due date, SFWks reserve the right to charge interest on the balance outstanding at a rate of five per cent per annum above the base rate of the Lloyds Bank plc from time to time accruing from the date upon which payment became due up to and including the actual date of payment.
  14. Whilst SFWks will use its best endeavours to comply with any estimated delivery date, such delivery date shall not form part of any Contract between Voss and the Customer and Voss will not be under any liability for loss or damage resulting from delayed delivery howsoever arising or from the non-delivery of goods arising from circumstances beyond the control of SFWks.
  15. All goods must be examined by the Customer upon receipt and notification of any goods lost or damaged in transit must be given in writing to SFWks forthwith and certainly no later than three days following delivery to the Customer who shall retain the packaging and contents for inspection by SFWks. Any other complaint shall be null and void if not received in writing within twenty-one days of receipt of the goods by the Customer. Goods shall be returned to SFWks at the customer’s expense upon receipt of such written complaint if so required by SFWks.
  16. The customer shall ensure that all goods can be and are unloaded immediately upon arrival at the Customer’s premises. Such unloading is to be entirely at the risk of the Customer who shall also ensure that any site or location to which the goods are to be delivered is suitable for the purpose of such delivery including the provision of proper access and suitable and appropriate hardstanding for vehicles used in the carriage and delivery of goods.
  17. In the event that the delivery is made by an outside contractor, such delivery is subject to the terms and conditions laid down by those carriers and the Customer shall be bound by those terms and conditions.
  18. All title and ownership of the goods shall remain vested in SFWks until payment for the goods has been received in full by Voss including any carriage costs, VAT, interest and other charges.
  19. The Customer shall become liable for all goods immediately upon delivery to the Customer’s premises and shall arrange for full insurance thereof and shall account to SFWks for any monies received pursuant to any claim in respect of such insurance until such time as the goods have been fully paid for by the Customer and ownership thereof has passed to the Customer.
  20. Where the customer resells the goods, all monies received from such re-sale and all rights arising against the sub-purchaser shall be held by the Customer as bailee of SFWks until all sums due to SFWks from the Customer have been fully paid. In the event that payment for the goods is overdue either in whole or in part for more than fourteen days or upon the commencement of any act or proceedings in which the Customer’s solvency is involved, SFWks may, without prejudice to any of its other rights hereunder, recover or resell the goods or any of them and may enter upon the Customer’s premises or the sub-purchasers premises in its own right or by its servants or agents for this purpose and the Customer agrees to pay to SFWks all costs of and incidental to the repossession of the goods.
  21. If the goods have been incorporated in or used as material for other goods before payment in full has been made to SFWks, ownership in the whole of such other goods shall be and remains with SFWks until payment has been made in full to SFWks and all SFWks rights hereunder shall extend to those other goods. SFWks may, without prejudice to any other of its rights hereunder, recover or resell the other goods or any of them and may enter upon the Customer’s premises or the premises where the other goods are held in its own right or by its servants or agents for this purpose and the Customer agrees to pay to SFWks all costs of and incidental to the repossession of such goods.
  22. Subject to the aforementioned conditions, SFWks hereby guarantees to the Customer that if any defect in workmanship or materials in the goods is notified to SFWks within 12 months of the date of delivery of the goods to the Customer and the defective goods are returned promptly upon discovery of such defect, SFWks shall, without charge, repair or at the discretion of SFWks, replace the goods. This clause shall apply only where the goods are shown to be defective in workmanship or materials and not as a result of misuse, inappropriate storage or faulty installation. SFWks may, at its discretion, make a refund or give credit to the Customer to the value of the defective goods.
  23. The Customer must ensure that goods returned to SFWks are properly packaged so as not to allow damage to be sustained in return transit. SFWks shall not be liable for any damage caused to goods through the negligent return of the same to SFWks to the Customer.
  24. The above Guarantee is given and shall be accepted by the customer in lieu of all guarantees and conditions, stipulations or warranties, express or implied whether by statute or otherwise (save for liability for death or personal injury resulting from the negligence of SFWks or its servants as defined in Section 1 of the Unfair Contract Terms Act 1977) and all such implied conditions or warranties are hereby expressly excluded.
  25. The failure of goods to match exactly the finish and design of other goods previously supplied by SFWks shall not be regarded as a defect for the purposes of the Guarantee hereinbefore referred to.
  26. SFWks shall not in any circumstances be liable to the Customer for any direct or consequential loss or damage or for any claim against the Customer by any third party and the Guarantee given by SFWks hereunder shall not be transferable or assignable to any other person, firm or company.
  27. SFWks shall not be responsible for the non-performance in whole or in part of its obligations or be under any liability to the Customer if such non-performance is due to an Act of God, War, insurrection, Government regulations or changes thereto, embargoes, strikes, labour disputes, illness, flood, fire, tempest or any other cause howsoever arising outside the control of SFWks.
  28. If any order is cancelled prior to delivery, SFWks shall be entitled to claim as damages an amount up to eighty per cent of the value of the Order and shall have the right to realise, at its discretion all monies, securities, valuables or goods held by it on behalf of the Customer and to apply the proceeds in or towards the satisfaction of such damages.
  29. If, in SFWks judgment, the Customer’s financial position is insufficiently certain to justify the terms of payment herein set out, SFWks may cancel any unfulfilled orders unless the Customer shall upon receipt of a written request, pay in advance for all goods ordered.
  30. SFWks may, without prejudice to any of its rights hereunder, determine any Agreement governed by these conditions if the Customer shall fail to take delivery of goods when required to do so or shall after due warning, commit or continue to commit any serious breach of its obligations hereunder or allow any distress, execution or other legal process to be levied upon any of the Customer’s assets or if the Customer shall stop payment, make any arrangement or composition with its creditors or commit any act of bankruptcy or, being a company, shall enter into liquidation or have a winding-up petition presented against it (other than for the purpose of a voluntary amalgamation or reconstruction of the Company) or shall call a meeting of its creditors or suffer the appointment of a Receiver in respect of any part of its undertakings or assets or have an Administration Order made in relation to it.
  31. Any failure by SFWks to enforce any of the provisions hereof shall not be considered as a waiver of any of its other rights pursuant to the terms hereof.
  32. This Agreement shall embody the entire agreement between the parties hereto and shall be governed by and construed in accordance with English law and the parties hereto hereby submit to the exclusive jurisdiction of the English courts.
  33. Reference to SFWks herein shall where the context so admits be deemed to include its successors in title and assignees.
  34. The Customer hereby admits that all rights or title to the copyright or design of the product shall remain vested in SFWks. The Customer hereby agrees not to acquire or attempt to acquire any right or title to the design or specification of the product or to attempt to deal with the same in competition with or in any way inconsistent with the rights of SFWks hereunder.