OUR TERMS & CONDITIONS
Unless special terms are explicitly agreed in written correspondence, all contracts of sale made by the company are subject to these conditions. In particular the company accepts the Customer’s order of goods upon these terms to the exclusion of any printed terms or conditions of the Customer, which shall not form part of the agreement.
By placing an order it is implied that you accept our Terms and Conditions as listed below:
We reserve the right, without prior notice, to discontinue products, or change specifications and prices on products. In most cases our pricing is provided in the form of verbal or written quotation upon Customer’s request.
Quotations are not binding on us until we have accepted an order in writing and we reserve the right to revise quoted prices and charges in the event of any change in our costs and/or prevailing conditions between the date of quotation and the date of despatch. The acceptance of our quotation or price must be accompanied by sufficient information to enable us to proceed with the order forthwith otherwise our quotation or price shall be subject to amendment by us to cover any increase in cost which takes place after acceptance.
Sufficient packaging is always included in our price; however if the customer requires specific packaging, we might be able to accommodate their needs at extra charge.
All taxes and excises of any nature whatsoever now or hereafter levied by governmental authority, whether federal, state or local, either directly or indirectly, upon the sale or transportation of any goods covered, hereby, shall be paid by Buyer. Tax amount will be provided separately at the quotation stage.
All prices are exclusive of VAT where applicable, which will be charged at the current rate.
Once your order is confirmed, cancellations are not accepted. The balance is due upon order completion, prior to shipping of merchandise. The Customer then has up to ten (10) business days to pay the remaining balance of their outstanding invoice. Failure to do so, within ten (10) business days, will result in additional fees. These fees are outlined in the PRODUCT AND STORAGE FEES Section. Maddox Quirke Ltd reserves the right to defer the dispatch date until the balance of the order is received.
All orders in the amount of £3,000 or less will require payment in full prior to processing the order.
Our preferred Payment Method is via bank transfer (BACS), or wire transfer. Please contact us to request our bank details, or they will be provided upon placing of your order.
The manufacturer requires payment for any shipment hereunder in advance. If the Customer fails to make payment in accordance with the terms of this agreement or otherwise fails to comply with any provision hereof, Maddox Quirke Ltd may, at its option, cancel any unshipped portion of this order, retain the goods and declare a forfeiture of the deposit as liquidated damages.
Product Warehouse & Storage Fees
From the notification of order being ready for shipment, Customers have 10 days to pay all the remaining balances on their order. Once the balance is paid, the item will be shipped as soon as possible. If the balance remains unpaid after the 10 days period, a 7% storage fee will be applied weekly. This 7% will be calculated based on the total invoice amount, not the remaining balance. Orders that accrue storage fees cannot be released until the fees and remaining balance are paid. If the order extends eight (8) weeks past the date of final billing, the Customer consents to release the order to Maddox Quirke Ltd stock, and the order deposit is lost.
Production/ Delivery time
The vast majority of Maddox Quirke Ltd products are made to order. Lead time for production is between 4 to 12 weeks, depending on the product range chosen. We reserve the right, without prior notice, to change this lead time. For pieces with custom specifications or orders of large quantities we reserve the right to adjust the time of delivery accordingly.
For the quotation-type orders, shipping costs are not included in the price of an item. The approximate shipping cost will be provided at the initial quotation and confirmed before the completion of the order. Maddox Quirke Ltd is not responsible for the performance of the carrier. Maddox Quirke Ltd product shipment includes door-to-door, drop off service only. Delivery personnel are limited to delivering to physical shipping address only. They are not permitted to cross the threshold of building, home, or office with shipment. Nor can they handle, uncrate, or remove any packaging or materials, unless this was specified and confirmed at the initial quotation. Should Buyer request a specific method of shipment beyond the aforementioned shipping method, the additional costs for these services might apply. Additional services would include, but are not limited to: air freight, special handling, and/or white glove services. Referral to a residential or white glove delivery service is by no means indicative of Maddox Quirke Ltd’s resonsiblity in the handling or delivery of freight. Any shipments returned to Maddox Quirke Ltd, or their Supplier as a result of Buyer’s unexcused delay or failure to accept delivery, will require Buyer to pay all additional costs incurred by Maddox Quirke Ltd (or their Supplier), including storage fees.
Freight Policy & Damage Claims
When your order is nearing completion, and the full balance is paid, we will notify you that shipment is being arranged. All products are carefully packed and inspected prior to shipment. The refusal of damaged merchandise in no way relieves the purchaser of responsibility for payment of goods. We are not responsible for loss or damage in transit. All items must be inspected for damage prior to signing. Therefore, responsibility for damage occurring in transit is the owner’s responsibility and all claims for freight damage must be made within 48 hours of receipt. Maddox Quirke Ltd will not accept any claim on merchandise after the 48 hour period. Digital photographs of damaged goods and boxes will be required for replacement of damaged goods. Save all damaged crates/packaging until the claim with carrier is settled.
Signature (electronic, or physical) of receipt at the delivery address constitutes full acceptance of all packages stated on the invoice. You are responsible for all shipping and return charges for any shipment that is refused as well as forfeiture of your deposit. The refusal of damaged merchandise in no way relieves the purchaser of responsibility for payment of goods. We shall not be liable for delay in shipment for any cause, nor shall any delay entitle you to cancel any order after it has shipped or refuse delivery. You agree that the shipping address provided to Maddox Quirke Ltd in writing is a valid shipping address for your delivery address.
Maddox Quirke Ltd does not accept returns. It is within our sole discretion as to whether to accept returns of merchandise. Items returned without our prior authorization will be refused at buyer’s expense. Returned items must be in their original condition and packaging, and you shall prepay and be liable for all charges in connection with the shipping of returned goods, including insurance. The 50% non-refundable deposit will be kept on all returns of merchandise. Custom items are not returnable under any circumstances.
Most of goods are custom made to order specifications. Orders are not cancellable after five (5) working days since the day of the 1st payment of the order, nor returnable. If the order is cancelled within the five business days allowed, the amount already paid will be credited to the same entity that ordered from us. Changes in orders, returns or cancellations require prior written approval from Maddox Quirke Ltd and their manufacturer. In every other aspects (delay, client indecision, lost of projects, etc) the amount paid to Maddox Quirke Ltd will not be refunded or credited, and the client will lose any right to the goods. Such orders will be subject to change, cancellation or stocking fees up to 50% of the net selling price.
Maddox Quirke Ltd and their partner manufacturers have the ability to customize a wide range of existing products or new products to meet Customer’s specifications. These orders will necessitate special pricing based on quantity and features. Please contact Maddox Quirke Ltd for contract quotes.
All custom designs are subject to a non-refundable design fee plus any customization charges. In specific cases of customization, additional design fees may apply. This will be determined on a case-by-case basis at which time the Customer will be notified of any said fees. For pieces with custom specifications we reserve the right to extend the listed lead time. Custom orders are not returnable under any circumstances. If a custom order is received produced incorrectly (i.e.: wrong finish or fabric) Maddox Quirke Ltd reserves the right to arrange a reproduction or repair of the current merchandise prior discussing a return. All custom order returns due to production issues will be handled on a case-by-case basis.
Any internet websites may neither advertise, nor in any way, display the Maddox Quirke Ltd name, logo, product images or any other proprietary company emblems or information without prior written consent from the company. Please contact Maddox Quirke Ltd for further company guidelines on internet usage.
All merchandise presented on the website, as well as any collateral presented by Maddox Quirke Ltd, is manufactured by partner Suppliers, or Artists, who agreed to be represented by us, and who maintain trademark of their brand and identity. Merchandise cannot be purchased and resold unless under contract, and no brand logos or markings may be removed.
All of Maddox Quirke Ltd drawings, descriptive matter, weights, dimensions, descriptions and illustrations contained in the Company’s catalogues, website, prices lists or advertisements are close approximations come from Maddox Quirke Ltd’s Partner Manufacturer’s materials. They are only intended to give a general description of the goods and shall not form part of this agreement. Most of our furniture and lighting is handmade, and therefore is subject to slight variations.
Products and their Properties
Wood & Metal
Many wood and metal finishes are applied by hand and may vary in colour, tone and character. While our Manufacturers will make every effort to match a finish, no guarantee can be made of an exact match. Our Manufacturers does not guarantee finishes against fading and oxidizing.
All furniture featuring brass elements will need to be properly cared for and polished over time. Due to the porous nature of brass, it is common to have slight, unavoidable discrepancies in the metal upon production completion.
Variations in colour and veining are inherent in stone and wood and considered to be part of the natural beauty. Furniture and lighting is handmade, and therefore is subject to slight variations. Due to this, products may vary from images seen online, or in supplied materials.
Table designs are handmade and are subject to slight inconsistencies. Table tops and bases are often made and shipped in separate crates. Glass table tops are not anchored to the base upon arrival, and thus does not guarantee maximum stability upon placement.
All console designs are handmade and subject to slight inconsistencies. Certain console designs could cause a small percentage of instability upon movement. Please exercise caution when moving consoles, providing sturdy support, as they are very fragile.
Our Manufacturers do not guarantee fabrics or leathers, dyed or natural, from fading. Due to the natural progression of leather, it is common for the colours to change after continued use. Leather is a natural delicate material and should be treated and cared for over time. The foregoing warranty is in lieu of and excludes all other warranties not expressly set forth herein, whether express or implied by operation of law or otherwise, including but not limited to any implied warranties of merchantability or fitness.
General Sale Policy
We reserve the right to withdraw from the sale (contract) at any time without providing a justification for such action. Shall such case occur, a refund of payment received from Customer up to date will be processed.
All quoted completion and delivery dates are estimates only. Maddox Quirke Ltd shall not be liable for delays in completion or shipment or default in delivery for any reason of force majeure or for any cause beyond Maddox Quirke Ltd’s partner Manufacturers’ reasonable control including, but not limited to, (a) government action, war, riots, civil commotion, embargoes or martial laws, (b) Maddox Quirke Ltd’s partner Manufacturers’ inability to obtain necessary materials from its usual sources of supply, (c) shortage of labour, raw material, production or transportation facilities or other delays in transit, (d) labour difficulty involving employees of Manufacturer or others, (e) fire, flood or other casualty, or (f) other contingencies of manufacture or shipment. In the event of any delay in Manufacturer’s performance due in whole or in part to any cause beyond Maddox Quirke Ltd’s partner Manufacturers’ reasonable control, Manufacturer shall have such additional time for performance as may be reasonably necessary under the circumstances. Acceptance by Customer of any goods shall constitute a waiver by Customer of any claim for damages on account of any delay in delivery of such goods.
Warranty And Disclaimer
There are no warranties with our products. When issues arise, Maddox Quirke Ltd reserves the right to determine whether a replacement or repair is most appropriate.
Right to Offset
Maddox Quirke Ltd may at any time, without any notice, combine, consolidate or merge all or any liabilities of you, and any associate of you and may set off or transfer any sums from time to time owed by you or any associate of you against any liability of Maddox Quirke Ltd to you, whether such liability is present or future, liquidated or un-liquidated, and whether or not either liability arises under these terms of business. Any exercise by Maddox Quirke Ltd of its rights under this clause shall not limit or affect any other rights or remedies available under these terms or otherwise.
Governing Law and Jurisdiction
This agreement and any dispute or claim arising out of or in connection with it shall be governed by and construed in accordance with English law. The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of this agreement.
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