The agreement made on the date specified, in the schedule hereto between Whytes of Crossgar, (hereinafter called the 'seller') of the one part, and the Buyer named in the schedule (hereinafter called the 'Buyer') of the other part, whereby it is agreed that the seller will sell and the buyer will buy the goods described in the schedule hereto (hereinafter called the 'goods') upon the terms contained hereinafter.
The buyer shall at the time of ordering the goods pay 50% of the total purchase price of the good, the balance of the purchase monies to be paid in full by the buyer within 21 days of the date of order or at the date of delivery of the goods to the purchaser, whichever is the earliest.
In the event of the purchase monies hereunder not being paid on the due date, the buyer shall pay interest thereon at the rate of 20% per annum from the due date of payment.
3. Delivery and Passing of Risk
The risk on the goods shall to the buyer at the point; of delivery.
Delivery; Delivery of Goods shall be the customers home, but our staff will not be held accountable for damages wither to the goods being delivered nor to the customers property.
(a) Notwithstanding delivery and the passing of risk, the property in the goods shall remain in the seller until the buyer has paid all the monies owed by it to the seller under this or any contract or otherwise.
(b) If any of the goods are processed into, incorporated or used as materials for, or mixed with other goods or materials prior to such payment the property (but not the risk) in the whole of such other goods or materials shall pass to the seller at the moment of such processing, incorporation, use of admixture and shall remain with the seller until payment of all such monies as are specified in sub-clause (a) hereof.
(c) Upon occurrence of any event of Default, the seller may (without prejudice to any other rights hereunder), at their opinion terminate the sale by the written notice to the buyer, forwarded by prepaid ordinary post to the address given, and thereupon, as and from the date of the said notice, the buyer shall no longer be in possession of the goods with the consent of the seller and the seller may (without prejudice to the sellers claim for payment, or damages for any breach at this contract, or any other rights hereunder), without notice, retake possession of the goods and for such purpose enter upon any property belonging to, or in occupation or control of the buyer. The seller shall be at liberty after retaking possession to resell any or all of such goods or materials, the buyer shall be responsible for all costs, ch. and expenses incurred by the seller in retaking possession and if appropriate in the resale of the goods as aforesaid.
An event of default shall occur:
(a) If the buyer shall fail to pay any of the monies due under this contract within 14 days of the appropriate due date (whether demanded or not).
(b) If there shall be any breach by the buyer of any of the other terms and conditions of the contract.
(c) If the buyer shall suffer execution or distress to be levied upon the goods and/or the goods and chattels of the buyer.
(d) If the buyer shall commit any Act of Bankruptcy or be declared Bankrupt or compound with the buyers creditors, or permit any Judgement to remain unsatisfied, or in the case of the buyer being a Company, if a petition to 4wind up the Company be presented, or if notice shall be given of intention to propose a resolution to wind up the Company, or if the Company shall enter into liquidation whether compulsory or voluntary, or if a Receiver shall be appointed of the undertaking of assets, or any part thereof or the Company. If the buyer shall suffer a decree of ejectment to be recovered against the buyer in respect of the premises or property wherein the goods are situated. If the buyer, being a person, shall die.
5. Acceptance By Buyer
The buyers acceptance of delivery of the said goods shall be conclusive evidence that the buyer has examined the said goods and found them to be complete and in good order and condition, fit for the purpose for which they may required, and in every way satisfactory. The buyer hereby expressly releases the seller from any legal obligation or liability arising by reason of any defective goods, whether or part, or from their unsuitability for any particular purpose, and agrees to keep the seller fully indemnified against claim for damages by any third party by reason of any such defect, whether latent or patent. Further, the buyer hereby expressly agrees that the delivery of the goods has been made by the seller without any condition or warranty as to the fitness for a particular purpose, and all conditions and warranties, whether statutory or otherwise, in relation to the goods are expressly excluded, and the seller shall be under no legal obligation whatsoever in relation thereto.
Any indulgence, extension extension of the time of payment, relaxation or delay entering the terms of this contract on the part of the seller, shall not prejudice the sellers rights hereunder or constitute or waiver of any of the terms and condition hereof.
7. Joint and Several Liability
Where there are one or more buyers, each shall be severally as well as jointly liable to the seller for the due performance and observance of all the Terms and Conditions of this Contract, and any notice given to any of the joint buyers shall be good notice to all such buyers.
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