Terms & Conditions
Terms & Conditions of The Human Office Ltd.
(Herein referred to as the "Company")
GENERAL
1. In these Conditions of Sale:
'The Company' means The Human Office Limited, the 'Buyer' means the person, firm or company ordering or buying goods from the Company.' The Goods' means the goods which form subject matter of the relevant order or contract for sale.
2. No contract in respect of the Goods between the Company and the Buyer shall exist until the Buyer's order has been accepted by the Company. In the event that the Buyer's order seeks to make the sale subject to terms different from these conditions, acceptance of the Buyer's order by the Company (whether or not such acceptance is accepted by formal order acknowledgement) shall be deemed to be a fresh offer by the Company on the basis of these conditions. In which event (unless these conditions are accepted by the Buyer prior to delivery) acceptance of delivery of the Goods by the Buyer shall constitute acceptance of the Company's offer and the Contract of Sale shall be formed at that moment. No conditions or terms stipulated in any other communication or document shall vary or annul any of those conditions except insofar as the same are expressly consented to in writing by the Company.
CREDIT POLICY
3. All credit accounts must be applied for prior to the placement of an order. Delivery of orders will not be made on credit terms until the application for a credit account has been completed and accepted by the Company. Standard terms are payment by the end of the calendar month following delivery. Accounts with overdue balances will be placed on credit hold, and no further goods with be supplied until all overdue amounts are paid.
RETENTION OF TITLE
4. The Company and the Buyer expressly agree that until the Company has been paid in full for the goods, that:
a) The goods and all titles to them shall remain the property of the Company and that the Buyers, as bailees of them for the Company, will store the same for the Company in a proper manner without charge and in such a way that the goods are clearly identified as being the property of the Company, notwithstanding that the risk therein shall pass to the Buyer as provided herein.
b) At any time the Company may recover from the Buyer the goods remaining in the Buyer's possession, and for the purpose thereof may enter upon any premises of or occupied by the Buyer or any third party (with the consent of that third party).
c) Notwithstanding the preceding condition, all risk in respect of the Goods shall be assumed by the Buyer upon delivery of the same to him.
FORCE MAJEURE
The Company reserves the right to cancel, vary or suspend the operation of contract of sale if events occur which are in the nature of force majeure including (without prejudice to the generality of the foregoing) fire, floods, storm, plant breakdown, strikes, shutdowns, lockouts, riots, hostilities, non-availability of materials or supplies or any other event outside the control of the Company, and the Company shall not be held liable for any breach of contract resulting from such an event.
CANCELLATION
The Company may withhold or cancel further orders or any deliveries under the contract of sale and may recover all losses resulting therefrom if the Buyer:
a) fails to make payment on the due date under any contract with the Company or
b) enters into a composition with its creditors, or (being a company) has a receiver appointed or passes a resolution for winding up or if a Court shall order it to be wound up, or commits an available act of bankruptcy or
c) is in breach of any items and conditions contained herein (notwithstanding that on a former occasion or occasions it has waived its rights).
The exercise of rights under force majeure shall be without prejudice to the Company's other rights of remedies.
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