STANDARD TERMS & CONDITIONS OF SALE AND SUPPLY

1 Definition

“POZENZA” or “Company” is POZENZA Furniture Ltd.
“Buyer” is the end company or individual receiving the final products or services as defined by the quotation or proposal.
“Terms” means these terms and conditions unless otherwise specified.
“Goods” means the products or services which POZENZA is to supply in accordance with the Buyer’s order.

2 Basis of terms

The Terms shall constitute the entire agreement between POZENZA and the Buyer to the exclusion of all other terms and conditions (including any terms and conditions which the Buyer purports to apply under any purchase order, order confirmation or specification supplied).
The Buyer’s confirmation of order shall be deemed to incorporate POZENZA’s Terms.

3 Payments

3.1 POZENZA’s products are quoted on an order-specific basis in respect of specification and order quantity.
3.2 All prices are quoted in Pounds Sterling (£) and exclusive of VAT which is charged at the current rate on all products and services unless specified otherwise.
3.3 Unless otherwise agreed in writing by POZENZA, payment in full for all products and services will be due in advance.
3.4 Goods will not be dispatched until full payment has been cleared with the Company’s bankers, unless specifically agreed in writing. POZENZA accepts no responsibility or liabilities for delays incurred as a result of non-cleared funds.
3.5 Where the Buyer is an existing customer with an approved account, payment shall be made within 30 days of the date of the invoice.
3.6 In the event of late payment to the Company, further charges may be incurred. In the event of payment terms being exceeded then, without prejudice to any other right or remedy, a surcharge (currently 10%) may be applied to the account unless otherwise agreed in writing.
3.7 Payment terms are strictly as stated. In addition to the surcharge above becoming payable, non payment of an invoice within the stated terms will result in legal action. Any costs incurred in securing payment of overdue accounts will be met by the Buyer.
3.8 Payment is accepted by BACS transfer, CHAPS transfer.

4 Specifications

4.1 Specification will be to the Company’s standard unless changes have been agreed in writing between the Buyer and POZENZA. Any queries with regard to specification should be resolved prior to order. All specifications provided by the Buyer shall be interpreted literally and without implied meaning.
4.2 Once an order has been placed and specification agreed, any subsequent changes must be confirmed by the Buyer in writing accompanied by an authorising signature.
4.3 POZENZA has a policy of continual product development and reserves the right to amend design specifications and dimensions without prior notice.
4.4 POZENZA reserves the right to make any alteration or amendment to indicated Company or Buyer specification to ensure compliance with POZENZA’s design and manufacturing standards and its reputation.
4.5 Modifications or amendments to product specification will not give cause for liability nor cancellation of any order.

5 Non standard products or drawings

5.1 All patterns, drawings, designs and samples will, unless agreed otherwise, be the property of POZENZA.

5.2 At the same time as approving any specification supplied by the Buyer, POZENZA will confirm the amount of any increase in standard prices necessary to comply with the revised specification.
5.3 In supplying products to client specification, POZENZA accepts no liability for, and the Buyer will fully indemnify POZENZA against, any claims, costs, damages, demands, losses or other liabilities which arise in respect of any and all infringement of intellectual property rights of any third party.

6 Preliminary works

All work requested by the Buyer will be chargeable unless agreed otherwise. A request may come from signed documents, emails or verbal agreements where minuted. Should any order, project or work be suspended by or delayed through any default of the customer for a period of 30 days, POZENZA will be entitled to payment for work already carried out, costs incurred, materials specially ordered and any other related costs.

7 Placing of orders

7.1 POZENZA will only accept orders placed in writing from the Buyer, either by Purchase Order on headed paper or by return of the Order Confirmation supplied with any written Quotation. POZENZA reserves the right not to proceed on instructions received by electronic mail alone.

8 Cancellation of orders

8.1 POZENZA will only accept cancellation of an order if notified within 48 hours of its receipt. Where manufacturing, material or other costs have been incurred the order will stand.
8.2 If a Buyer decides to terminate business with POZENZA, all work, materials or associated costs shall be invoiced for and payable by the Buyer. Any deposits, advances or preliminary payments will be treated as a cancellation fee and are non-refundable.

9 Lead times

9.1 Where a target or anticipated delivery date may be agreed between the Company and the Buyer at the time of order, no period stipulated for delivery shall commence until all details have been agreed and (except in the case of credit account holders) payment has been made and cleared with the Company’s bankers.
9.2 While POZENZA will in every case strive to meet stated deadlines, the nature of the Company’s work is such that there may be occasions where unforeseeable circumstances delay completion of products or services. POZENZA will not be liable for any loss of earnings, turnover, sales or profit or other loss to the Customer should an order incur unforeseeable delays.

10 Delivery

10.1 Prices do not include delivery unless clearly indicated. A separate charge for delivery will be quoted where required and is based strictly on the quantity specified. Amendments to order quantities may affect delivery charges which are payable by the Buyer.
10.2 Delivery of Goods is deemed to have taken place when they have been dispatched by the Company. The Buyer is responsible for checking goods on delivery (see 12.2).
10.3 POZENZA must be notified of damage within 24 hours of delivery. Claims after this period will not be accepted.
10.4 All deliveries are ‘tailgate’ unless agreed in writing; the Buyer is responsible for ensuring arrangements are made for lifting and placing of goods into the delivery address.

11 Order delays and storage

11.1 Goods paid for in full will be stored for a maximum of 14 days from the order completion date agreed at time of order unless agreed in writing. Goods held after

this point will incur a storage charge equivalent to 1% of the total order value per calendar week. Storage charges must be paid before goods are dispatched. POZENZA reserves the right to dispatch goods to the Buyer at any point following the delivery date agreed at time of order.
11.2 Goods not paid for in full will be held for a maximum of 14 days from the order completion date agreed at time of order unless agreed in writing. Orders remaining unpaid after this point will be treated as cancelled and goods may be sold to recover costs incurred. Any deposits, advances or preliminary payments will be treated as a cancellation fee and are non-refundable (see 8.2).
11.3 Goods will be dispatched to the agreed delivery address on the completion or delivery date specified at time of order unless agreed in writing in advance. The Company will give 24 hour notice of dispatch.
11.4 Where transport has been pre-booked for a date agreed at time of order, any cancellation charges arising from delays or postponement of delivery by the Buyer will be payable by the Buyer.

12 Insolvency

If the customer ceases to have the ability to pay for products or services in the course of any order, or if circumstances indicate this may be the case, POZENZA reserves the right not to proceed further with the contract or any associated work. In addition, POZENZA will be entitled to charge for any work carried out, materials purchased or other costs. This charge will be treated as an immediate debt payable within 5 working days. Non-payment will incur further charges (see 3)

13 Returns

13.1 POZENZA operates a strict No Returns policy unless goods are deemed to be faulty or otherwise agreed by the Company.
13.2 In the event of Goods considered to be faulty, the Buyer should notify POZENZA of its intention to return the item and wait for return instructions. Goods must be returned to POZENZA in original wrapping and unused unless otherwise agreed.
13.3 Return delivery costs are payable by the Buyer unless agreed by POZENZA in advance.

14 Warranty

Products supplied by POZENZA carry a 5 year guarantee against manufacturing defects. POZENZA accepts no responsibility for damage or wear caused by misuse, accidents or damage arising as a result of the environment the product is placed within.

15 Force majeure

POZENZA may suspend the whole or any part of, an order if by reason of Force Majeure either party is prevented or hindered from performing their obligations or performance of those obligations is to a substantial degree rendered difficult. These reasons include flood, fire, failure of power supply, acts of terrorism, strikes and any employee disputes.

16 Jurisdiction

These Terms shall be governed by English Law and the Buyer shall submit to the exclusive jurisdiction of the English Courts.

Correspondence: Unit 17B – 20B Cookley Wharf, Leys Road, Brierley Hill DY5 3UP , England
Registered Office: Unit 17B – 20B Cookley Wharf, Leys Road, Brierley Hill DY5 3UP , England

POZENZA Furniture Ltd is a Company registered in England No 07327018.
VAT Registration Number: 995 0633 87.
POZENZA Furniture Ltd, 2020.

Refund Policy

POZENZA will only accept cancellation of an order if notified within 48 hours of its receipt. Where manufacturing, material or other costs have been incurred the order will stand. If a Buyer decides to terminate business with POZENZA, all work, materials or associated costs shall be invoiced for and payable by the Buyer. Any deposits, advances or preliminary payments will be treated as a cancellation fee and are non-refundable.

POZENZA operates a strict No Returns policy unless goods are deemed to be faulty or otherwise agreed by the Company. In the event of Goods considered to be faulty, the Buyer should notify POZENZA of its intention to return the item and wait for return instructions. Goods must be returned to POZENZA in original wrapping and unused unless otherwise agreed. Return delivery costs are payable by the Buyer unless agreed by POZENZA in advance.

Privacy Policy

Who we are

Our website address is: Potenza.net

What personal data we collect and why we collect it

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Industry regulatory disclosure requirements

17B – 20B Cookley Wharf Industrial Estate | Leys Road | Brierley Hill | Dudley | DY5 3UP

VAT: GB995063387 | Registration No: 07327018

Warranty And Repairs

It’s rare but occasionally things can go wrong so the following information helps you identify the

next steps.

Five-year product warranty

We warrant products sold to be free of defects in material and workmanship for a period of five

years.

If a product, part of component is found to contain defects in material or workmanship within the

applicable warranty period, we will repair or replace it with the same or comparable product, at its

option, free of charge. Any product, part or component subject to a warranty claim must have been

installed and maintained according to our instructions and must not have been subjected to

unreasonable use or modified in any way. This warranty applies to original purchasers only who

acquire their products new from us or one of our authorised dealers. The warranty period starts

from the date of invoice.

Exclusions

This warranty does not apply to product failure resulting from:

• Normal wear and tear.

• Failure to apply, install, or maintain products according to our published instructions and guidelines.

• Abuse, misuse or accident.

• Alteration or modification of the product.

The following products and materials are not covered by this warranty:

• Products considered to be consumables (moving parts such as hinges).

• Electronic components.

• Changes of wood colour due to ageing or to exposure to light.

• Customer’s own (COM) or non-standard textiles and materials.

• Fabric – We offer no warranty on any fabric or leather used, please refer to each fabric

manufacturers individual warranty before specifying.

Variations occurring in surface materials (e.g., colourfastness or matching grains, textures and

colours across dissimilar substrates and lots). This warranty applies only to products delivered within

Europe.

Except as stated above all conditions, warranties and representations, whether express or implied,

statutory or otherwise in relation to the products are excluded. This limited warranty is the sole

remedy for product defect and no other express or implied warranty is provided, including but not

limited to any implied warranties of merchantability or fitness for a particular purpose. We shall not

be liable for consequential or incidental damages arising from any product defect including death or

personal injury resulting from negligence.