CONDITIONS OF SALE

1.Validity

The Estimate overleaf shall not be binding on us until Our acceptance of the Order which may be placed by the Buyer in pursuance of the Estimate. Upon Such acceptance these conditions in the absence of any written provision to the contrary shall form a part of the resulting contract.

2.Prices

Any price quoted by us is subject to confirmation at the time of our acceptance of the Order. Thereafter any increase in Value Added Tax, Nations Building Tax or any new governmental tax or levy shall be borne and paid by the Buyer in addition to the agreed price. With regard to (any) Imported Items included in the Estimate overleaf, if there is any increase in the rate of exchange for the US Dollar (or other relevant currency) and any increases in import duties, excise duties, ports authority levies/Taxes/Surcharges imposed by the government between the date hereof and the date of settlement of the Bank Bill for the goods, the agreed Prices would be increased accordingly and the difference shall be borne and paid by the Buyer.

3.Payment Terms

Seventy five percent shall be paid with confirmation of the Order and the balance twenty five percent together with any additional tax or levy as aforesaid shall be paid on or before delivery of goods.

4.Place of Delivery

In the absence of any written provision to the contrary, the Buyer shall take delivery of the goods at our showroom or warehouse and our responsibility for goods ceases upon such delivery.

5.Time of Delivery

The delivery date given by us shall not be construed as promised but only as estimated. We will put forth our best efforts to give delivery of the goods withing the estimated time but failure to do so will not be considered sufficient cause for cancellation of the Order nor will such failure render us liable for any loss or damage whatsoever.

6.Force Majeure

All delivery dates shall be subject to delays directly or indirectly caused or contributed to in any manner by fires, floods, accident, riots, war, governmental interference priorities or embargoes, strikes, shortages of labour, fuel, materials of supplies, inadequate transportation facilities or any other causes or cause ( whether or not similar in nature to any of those herein before specified) beyond our control. No liability shall attach to us for non- performance or delayed executing of any contract (of any part thereof) as a result of any of the aforesaid or other causes beyond our control.

7.Warranty

Goods which are manufactured by us and sold by us to the Buyer shall in respect of such goods or part so sold carry our warranty against defective material or worksmanship for a period of one year from the date of delivery or as agreed by us provided that (a) such goods are installed properly and used in a normal manner and under normal conditions (b) written notice of any alleged defect is given to us by registered post and (c) the goods are returned to our stores as directed by us. If we are satisfied that the defect in the goods is due to poor materials or unsound workmanship, we shall at our option either (I) repair / replace the defective goods or (ii) refund the price paid for such goods. There is no warranty for damages caused due to exposure to water, sea spray, termite attack, direct sunlight, improper usage and bad handling. No warranty express or implied, other than the foregoing warranty is made or shall apply to the sale of the goods.

8.Limitation of Liability

Notwithstanding the breach of the above warranty, we shall not be liable under any circumstance to a greater extent than herein above as specified and we shall in no event be liable for any special, indirect, consequential or other loss or damages of any nature whatsoever. It is expressly understood that the above warranty will be invalid if the terms of payment agreed are not duly punctually complied with.

9.Jurisdiction

If any dispute arises out of or in respect of the sale of the goods, all legal proceedings shall be Instituted in any Court of Law having jurisdiction within the Municipal Limits of Colombo and not in any other Courts.

10.Cancellation of Special orders

Cancellation of special orders will not be accepted under any circumstance.

11.Solid Timber

Quotations for all solid timber furniture is based on the timber having varying grain patterns, shades, knots and blotches. If matching of grains or color and timber free of knots and blotches is required the quotation will be revised upwards to reflect these requirements. Such matching of timber would also necessitate additional time for delivery.