1.1: ‘Customer’ means the person, company or such other corporate body who buys or agrees to buy Goods and Services from the Company.
1.2: ‘Company’ means The Floor Shop Limited or The Carpet Shop (Bounds Green) Limited.
1.3: ‘Conditions’ means the Terms and Conditions of Sale set out in this document and includes any Special Terms and Conditions agreed in writing between the Customer and the Company.
1.4: ‘Goods and Services’ are the Goods and Services which the Company is to supply as covered by the Customer Order, Customer Quotation, Invoice or Delivery Note.
1.5: ‘Price’ means the Price for the Goods and Services, excluding Value Added Tax at the prevailing rate.
2: Conditions Applicable
2.1: These Conditions shall apply to the sale of Goods and Services by the Company to the Customer.
2.2: Any variation to these Conditions (including any Special Terms and Conditions agreed between the Customer and the Company) shall be inapplicable unless agreed in writing by the Company.
2.3: In the event that these Conditions shall conflict with any Special Terms and Conditions, then the Special Terms and Conditions referred to in 2.2 shall prevail.
2.4: The Company’s salesmen, agents or representatives are not authorised to vary, modify or alter these Conditions. Only the Company’s Directors are authorised to vary these Conditions.
2.5: The Company reserves the right to make changes to these Conditions at any time and shall notify the Customer accordingly.
2.6: These Conditions are subject to the laws of England and Wales.
3: The Goods and Services
3.1: The quantity and description of the Goods and Services shall be as set out on the Customer Order, Customer Quotation, Invoice or Delivery Note.
3.2: If any Goods are not available the Company reserves the right, without notice, to substitute alternative Goods which in the opinion of the Company are of equal or better specification than the original Goods due to be supplied.
4: Prices of the Goods and Services
4.1: Unless otherwise specified in writing, all Prices expire 30 days after the date of the Customer Order, Customer Quotation or Invoice, after which the Company may alter Prices without giving prior notice to the Customer.
4.2: The Price is quoted and is payable in GBP (Pounds Sterling).
4.3: The Price is exclusive of any applicable Value Added Tax which the Customer shall be additionally liable to pay to the Company at the prevailing rate.
4.4: Any typographical, clerical or other error or omission in any Customer Order, Customer Quotation, Invoice, Delivery Note or other documentation issued by the Company shall be subject to correction without any liability on the part of the Company.
4.5: All Prices quoted in the Company’s Price list, leaflets or other advertising media are subject to alteration and withdrawal without notice.
5: Cancellation or Amendment
5.1: It is the Customer’s responsibility to check the Customer Order, Customer Quotation or Invoice and confirm that all details are correct.
5.2: The Company will accept cancellation or amendment of an Order at no charge within 24 hours of the Order being placed after which the Company will make a cancellation charge of 25% of the total Price or, if one has been taken, the deposit if greater.
5.3: Cancellation and return of Goods which have been delivered or collected from the Company’s premises or other location agreed between the Company and the Customer will only be accepted for return if they are packed in the original packaging with manuals, and have not been used. The Customer shall be responsible for ensuring the Goods are returned suitably packed and obtaining the necessary proof of delivery and receipt.
5.4: Cancellation or amendment of the dates of any works, as agreed between the Company and the Customer, will only be accepted no later than 72 hours prior, after which the Customer shall indemnify the Company in full against all reasonable costs incurred as a result of the cancellation or amendment, with a minimum amount payable of £350 plus Value Added Tax at the prevailing rate, or the total cost of the proposed works, whichever is less.
6.1: A deposit as set out on the Customer Order, Customer Quotation or Invoice is required at the time of placing the Order. Deposits will not be returned if the Customer cancels the Order more than 24 hours after placing it.
6.2: Further payment as set out on the Customer Order, Customer Quotation or Invoice is required on or prior to the delivery or collection of any Goods or on completion of any interim works. If payment is not made the Company may be forced to cancel the Order.
6.3: The final balance of the Price and VAT as set out on the Customer Order, Customer Quotation or Invoice shall be due immediately on or prior to the delivery or collection of any remaining Goods or on completion of any remaining works. Time for payment shall be of the essence.
6.4: If the Customer fails to make payment on any due date then, without prejudice to any other right or remedy available to the Company, the Company shall be entitled to: -
6.4.1: cancel the Order and suspend any further deliveries or works to the Customer,
6.4.2: charge the Customer for all costs incurred by the Company in collecting outstanding amounts, including all legal expenses; and
6.4.3: charge the Customer interest accrued from the date when the payment becomes due from day to day until the date of payment at a rate of 6% above Barclays Bank’s base rate from time to time in force and shall accrue at such rate after as well as before any judgment.
6.5: Where the Company is ready to deliver Goods or commence works but is delayed from doing so by the Customer or the Customer’s contractors for whatever reason, the Company shall have the right to receive immediate payment in full for all Goods and Services to be supplied.
6.6: Should the Company incur extra cost due to any one or more of the following:-
6.6.1: lack of instructions,
6.6.2: abortive deliveries,
6.6.3: suspension of the deliveries or works,
6.6.4: the site or premises where the Goods are to be delivered or works are to take place not being ready, cleared or easily accessible,
6.6.5: the site or premises where works are to take place not being ready, cleared or easily accessible,
6.6.6: delays caused by others,
6.6.7: or any other factor outside the control of the Company,
such extra cost will be added to the Price and accordingly the Customer shall be liable for payment of same to the Company.
7.1: It is the Customer’s responsibility to inspect the Goods at the time of taking delivery or collection from the Company’s premises or other location agreed between the Company and the Customer.
7.2: Any shortages of delivery, non-delivered or damaged Goods must be notified to the Company no later than 24 hours after the delivery and must be sufficiently evidenced. If no such notification is received within this time the Goods shall be deemed to have been duly delivered in full and in perfect condition.
7.3: The Company will endeavour to deliver the Goods by any date quoted but such date is not guaranteed nor shall the time of delivery be of the essence. The Company shall not be liable for any direct or indirect loss or damage arising from any delays, howsoever caused.
7.4: If the Customer fails to take delivery of the Goods or is delayed at the Customer’s request or due to lack of delivery instructions or due to the Customer’s delayed payment then, without prejudice to any other right or remedy available to the Company, the Company may store the Goods until actual delivery and charge the Customer for the reasonable costs (including insurance) of storage or cancel the Order.
7.5: If the Company attempts to effect delivery, and such attempted delivery is abortive due to the Customer’s absence or refusal to accept Goods for whatever reason, or any other reason outside the Company’s reasonable control, then the Company shall have the right to charge the Customer for all costs and expenses resulting from the abortive delivery.
8: Risk and Property
8.1: Risk of damage to or loss of the Goods shall pass to the Customer at the time of delivery or collection from the Company’s premises or other location agreed between the Company and the Customer, or, if the Customer wrongfully fails to take delivery of the Goods, the time when the Company has tendered delivery of the Goods.
8.2: Notwithstanding delivery and the passing of risk in the Goods, or any provisions in these Conditions, the property in the Goods shall not pass to the Customer until the Company has received in cash or cleared funds payment in full of the Price of Goods.
8.3: Until such time as the property in the Goods passes to the Customer the Customer shall hold the Goods as bailee for the Company.
8.4: Until such time as the property in the Goods passes to the Customer the Company shall be entitled at any time to require the Customer to deliver up the Goods to the Company, and if the Customer fails to do so forthwith to enter the premises of the Customer or any third party where the Goods are stored and repossess the Goods.
9: Insolvency of Customer
9.1: If the Customer makes a voluntary arrangement with its creditors, or becomes subject to an administration order, or (being an individual or firm) becomes bankrupt, or (being a company) goes into liquidation (other than for the purposes of amalgamation or reconstruction), or if a receiver is appointed of any of the property or assets of the Customer, or if the Customer ceases or threatens to cease to carry on business, or if the Company reasonably apprehends that any of the events mentioned above is about to occur in relation to the Customer then, without prejudice to any other remedy available, the Company shall be entitled to cancel the Customer Order or Invoice and suspend any further deliveries or Services without any liability to the Customer.
9.2: If the Goods have been delivered but not paid for the full Price shall become immediately due and payable notwithstanding any previous arrangement or agreement to the contrary. If payment is not received the Company shall be entitled to enter the premises of the Customer or any third party where the Goods are stored and repossess the Goods.
9.3: In the event that a corporate body enters into liquidation, then the Director of such corporate body shall become personally liable for the debt, so long as the Director has purported to place the Order, pay the Order or take delivery of the Goods.
10: Warranties and Liabilities
10.1: The Company does not warrant the Goods to be suitable for the Customer’s specific application. The Customer should check the specifications and satisfy themselves as to the suitability of the Goods for their needs prior to placing an Order.
10.2: The Company warrants that the Goods will correspond with their specification at the time of delivery, collection or installation (if carried out by the Company) and will be free from defects for a period of 10 years.
10.3: Where the Customer has the benefit of any manufacturer’s or distributor’s warranty in respect of the Goods, this warranty shall replace the above warranty in so far as the defect relates to the Goods, and the Company will use their reasonable endeavours to help the Customer obtain the benefit of that warranty.
10.4: The Company shall not be liable for any direct or indirect loss or damage arising from any defects arising in the Goods whatsoever.
10.5: The warranty is given subject to the following Conditions: -
10.5.1: the defect did not arise from fair wear and tear, wilful damage, negligence, misuse, abnormal working conditions, alteration of the Goods or acts of God,
10.5.2: the defect did not arise as a failure to follow the Company’s and/or manufacturer’s and/or distributor’s care and maintenance instructions (whether oral or in writing) or the Company’s and/or manufacturer’s and/or distributor’s installation instructions (whether oral or in writing if installed by the Customer or a third party).
10.6: Existing flooring which has been renovated by the Company shall be subject to a warranty of 3 months and is subject to Conditions 10.5.1 and 10.5.2 detailed above.
10.7: Any claim shall be notified to the Company within 7 days of delivery, collection or installation or (where the defect was not apparent on reasonable inspection) within a reasonable time after discovery of the defect. If the Customer does not advise the Company of any claim in accordance with the provisions of this Condition, the Company shall have no liability for such defect.
10.8: Where a valid claim is notified to the Company, the Company shall, at its sole discretion, replace or repair the Goods (or the part in question) free of charge or refund to the Customer the Price of the Goods (or a proportionate part of the Price) but the Company shall have no further liability to the Customer.
10.9: The Price of the Goods is determined on the basis of the limits of liability set out in these Conditions.