1. Definitions
In these Terms and Conditions:-
1.1 “Agreement” means an agreement for the supply of Goods from View by Rufus to the Purchaser which shall be governed by these Terms and Conditions;
1.2 “View by Rufus” means View Gallery Limited
1.3 “the Delivery Date” means a date notified to the Purchaser by View by Rufus for the delivery of Goods;
1.4 “Goods” meaning good ordered from View by Rufus, and includes (where the context admits) each instalment or consignment of the same;
1.5 “the Purchaser” means the person, firm or company contracting to purchase Goods from View by Rufus;
2. Applicability
2.1 These Terms and Conditions, with such variations only as a Director of View by Rufus may consent to or specify in writing, shall apply to and govern all Agreements;
2.2 All terms, conditions, representations and warranties whether express or implied, and whether before or on the date of any Agreement, are hereby excluded, save to the extent that the same appear in these Terms and Conditions or are specifically agreed in writing by a Director of View by Rufus
2.3 By placing an order for Goods subsequent to any previous receipt of or referral to these Terms and Conditions, the purchaser acknowledges that these Terms and Conditions shall prevail over any qualification or condition purposed to be imposed by the Purchaser.
3. Prices
3.1 Unless expressly stated otherwise, prices quoted for Goods are net and ex-works. View by Rufus is not currently VAT registered.
3.2 The price payable for Goods is that current at the Delivery Date
3.3 Prices indicated in View by Rufus’s quotations, catalogues, and other advertising material shall not be binding on View by Rufus
4. Payment
4.1 The Purchaser shall pay for Goods by the end of the following calendar month of the date of invoice, or on the terms as stated on front of invoice, but the allowance of this credit period is subject to the provision of paragraph 7.4.5
4.2 In the event of any delay in payment, View by Rufus shall be entitled to charge the Purchaser interest, calculated on a daily basis, at the rate of 3% over the base lending rate of Lloyds Bank plc from time to time, for the period that payment is overdue.
5. Delivery
5.1 Goods shall be delivered from the premises of View by Rufus on the Despatch Date and, unless otherwise agreed, the Purchaser shall pay for the carriage of the Goods.
5.2 Risk in Goods shall pass on delivery
5.3 For delivery, time shall not be of the essence
6. Inspection
The Purchaser shall inspect Goods as soon as practicable after delivery and shall report any shortages in, breakages of or defects in Goods to View by Rufus in writing within seven working days of delivery, failing which the Goods shall be conclusively presumed to have been accepted as being in good order and in conformity with the Agreement.
7. Title
7.1 Until the Purchaser has both :-
7.1.1 paid in full for the Goods; and
7.1.2 paid in full or other monies it owes to View by Rufus howsoever such debts have accrued those Goods shall remain the sole and absolute property of View by Rufus as legal and equitable owner
7.2 In the event of delivery of Goods prior to the passing of title in them, the Purchaser shall be in possession of them solely as bailee and fiduciary agent of View by Rufus until such time as the Purchaser has paid for them in full
7.3 The Purchaser shall insure to their full value Goods where in the risk but not the title has passed to it and shall indemnify View by Rufus for loss, damage to or destruction of such Goods and shall hold any insurance monies payable in respect of such Goods in trust for View by Rufus
7.4 Until title to Goods has been passed to the Purchaser:-
7.4.1 The Purchaser shall store and label them to that they remain separate from other goods in the Purchaser’s possession and are readily identifiable as the property of View by Rufus
7.4.2 The Purchaser shall at the request of View by Rufus deliver them up to View by Rufus and allow View by Rufus to recover them on request and for such purpose View by Rufus may at any time (though its representatives or agents) enter premises at which they are situated;
7.4.3 The Purchaser may as fiduciary agent of View by Rufus dispose of them in the course of its business and pass good title to them to its own customer (being a bona fide Purchaser for the value without notice of View by Rufus rights) provided that such disposal shall be by the Purchaser as principal in relation to its own customer and shall not commit View by Rufus to any contractual relationship with or liability to any such customer
7.4.4 The permission contained in paragraph 7.4.3 may be revoked at any time by notice by View by Rufus and shall automatically and without notice be revoked upon the commencement of liquidation proceedings (compulsory or voluntary) of the Purchaser of the appointment of a receiver, administrator, administrative receiver or judicial administrator over any part of the Purchaser’s assets;
7.4.5 In the case of all disposals of Goods under paragraph 7.4.3, View by Rufus shall be legally and beneficially entitled to the proceeds of the disposal; the Purchaser shall not use the same in the course of its business and shall account to View by Rufus forthwith for the proceeds of the disposal notwithstanding that the period of credit allowed to the Purchaser hereunder may not have expired, keeping the same, until paid over to View by Rufus, identified as View by Rufus’ monies and separately from its own monies and those of third parties, in a separate bank account in which a credit balance shall be at all times maintained
8. Liability
8.1 Subject to paragraph 8.3, View by Rufus hereby excludes all conditions, undertaking and warranties implied by law in relation to Goods
8.2 Subject to paragraph 8.3, View by Rufus hereby excludes all liability for consequential or indirect loss or damage (including loss of profits, economic loss and exploitation loss) suffered by the Purchaser by reason, directly or indirectly, of any breach by View by Rufus of any Agreement
8.3 Nothing in this paragraph 8 of these Terms and Conditions or any Agreement shall exclude or restrict View by Rufus’ liability for :-
8.3.1 death or personal injury resulting from negligence of View by Rufus, its servants or agents; or
8.3.2 breach of View by Rufus’ implied undertaking as to title of Goods
9. Force Majeure
View by Rufus shall not be under any liability to the Purchaser in respect of any failure to perform, or delay in performing, any obligation under any Agreement attributable to any cause of whatsoever nature beyond View by Rufus’ reasonable control, any no such failure or delay shall constitute a breach of contract by View by Rufus
10. Termination
Without prejudice to its rights and remedies, View by Rufus may without liability terminate any Agreement forthwith on written notice if:-
10.1 the Purchaser is in any material breach of the same; or
10.2 any distress, execution or other legal process is levied upon any of the Purchaser’s assets; or;
10.3 any arrangement or composition is made between the Purchaser and its creditors or there is passed a resolution or there is made an order for the winding-up of the Purchaser, or there is made any administration order in respect of the Purchaser or there is appointed any liquidator or administrative receiver, judicial administrator or receiver or manager in respect of any part of the undertaking or assets of the Purchaser
11. No Waiver
Any failure or delay on the part of View by Rufus to terminate an Agreement or take any action for the enforcement of an Agreement in consequence of any breach by the Purchaser shall not operate as a continuing waiver of the breach in question or prevent View by Rufus from subsequently enforcing its rights in respect of that continuing or any other breach
12. General
12.1 If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity and enforceability of the remainder of the provisions hereof shall not be affected thereby
12.2 Every Agreement shall be construed and take effect in accordance with the laws of England and Wales and the parties shall accept the non-exclusive jurisdiction of the English Courts.
13. Copyright and intellectual property
13.1 The copyright in this website belongs to View by Rufus and will at all times remain with us. You may access this website for your own non commercial use only. You may not copy, publish, modify, transfer, create derivative works from, commercially exploit or otherwise use in whole or part any of the content on this website.
13.2 You may not delete or alter in any way any copyright, trade mark, intellectual property or other legal notices from any part of this website.