Provision of Goods
These terms and conditions shall apply to all the goods provided by Floorings Sales Ltd to any other party (“the buyer”) and the buyer accepts that they shall govern all contracts between the parties. Any errors or omissions in any supply or sales literature, quotation price list, invoice or other document or information issued by the company shall be subject to correction without any liability on the part of the company.
Orders and Acceptance
The minimum order value of any goods shall be as published in our current price list and will be in respect of ea. and every order unless otherwise stated. Any quotation issued by the company does not constitute an offer and the company reserves the right to withdraw or revise a quotation at any time before a contract comes into effect.
Any price quoted by the company or comprised in the acceptance is provisional only and the company reserves the right to vary such price by written notice according to any increase in cost of labour, manufacture, packing, transport or materials taking effect prior to delivery of the order or that part of the order remaining undelivered at the time of such increase. Value added tax is added to net prices at the rate ruling at the date of despatch. All prices quoted are exclusive of VAT.
Delivery of all goods shall be made by the company, or on behalf of the company, to the premises specified by the buyer. The company will only guarantee delivery to kerbside. The company’s driver can refuse delivery in the absence of a signature for receipt as proof of delivery from the buyer or if delivery to site by an authorised person. Any time or date specified by the company is an estimate only. The company delivery note shall be conclusive evidence of the quantity of goods delivered unless the buyer gives immediate notice to the company that the quantity stated in the delivery note is incorrect. The company may at its discretion make instalment deliveries as is reasonable and with buyers consent. Deliveries may be wholly or partially suspended and the time of such suspension added to the original delivery date in the event of a stoppage delay or interruption of work in the establishment of the company during the delivery period as a result of strikes, lockouts, trade disputes, breakdown, accident or any cause whatsoever beyond the control of the company and in the happening of any such event or events the company shall be entitled at any time on notice to the buyer to make partial delivery only and or to determine the contract without prejudice in any such case to rights accrued in respect of deliveries already made. In no circumstances shall any goods be returned to the company nor orders cancelled nor deliveries suspended by the buyer without the company’s prior consent. Such goods will be subject to a collection charge and a restocking charge as per our most recent brochure. Such consent to be in the sole discretion of the company and on terms which will indemnify the company against all loss hereby suffered.
Please note that ordered goods will be stored by the company for a maximum of one calendar month.
Unless the company agrees otherwise payment is due net monthly and shall be paid without any set off or deduction whatsoever. If the buyer exceeds the agreed credit limit, Flooring Sales Ltd reserves the right to suspend supplies to the buyer until the outstanding balance payment is received in full. If the buyer fails to make any payment in full on the due date then without prejudice to any other right or remedy the company shall be entitled to Cancel the contract or suspend delivery of any goods to the buyer under any other contract. Charge the buyer for costs incurred in obtaining (or attempting to obtain) payment including reasonable legal fees and bank charges.
Title and Risk
Title to the goods shall remain in Flooring Sales Ltd (not with standing their delivery and the passing of risk therein to the buyer) until the price of the goods and any other obligation has been paid discharged or satisfied in full. The buyer shall protect, move and properly store the goods in such a way as to enable them to be easily identified as the property of the company and shall account to the company for any insurance proceeds to the extent that any sum due to the company and shall keep such proceeds separate from any other party.
Warranties and limitation of liability
Subject as expressly provided in these terms and conditions all warranties conditions and other terms implied by statute or common law are excluded to the fullest extent permitted by law. Nothing in these terms and conditions shall exclude or restrict the company’s liability for death or personal injury resulting from the negligence of the company its employees and agents or restricting the company’s obligations arising under section 12 the sale of goods act 1979. The statutory rights of any person dealing as a consumer within the meaning of unfair contract terms act 1977 are not affected by these terms and conditions. The company warrants that the goods shall at the time of the tender for delivery be of normal commercial quality. Any claim by the buyer which is based on a defect or condition of the goods provided shall be notified to the company within 7 days of delivery or where the defect was not apparent on reasonable inspection then immediately later discovery of the defect. The buyer always affording the company an opportunity to inspect. In the event that the buyer has a valid claim against the company for defects in goods, the maximum liability of the company shall be limited to and not exceed the contract price of the goods to which the claim relates. The company shall replace such goods which appear to be defective within 3 months from the date of application of such goods by the buyer or their customers always provided that the conditions relating to payment have been duly observed and the goods have been stored and used in accordance with the company’s instructions.
Insolvency of Customer
If the customer makes any voluntary arrangement with its creditors, becomes subject to an administration order or being an individual or firm becomes bankrupt or (being a company) goes into liquidation otherwise that for the purposes of amalgamation or reconstruction; or an encumbrance takes possession or a receiver is appointed of any of the property or assets of the Customer; or the Customers ceases or threatens to cease to carry on business; or the company reasonably apprehends that any such event is about to occur in relation to the customer and notifies the customer accordingly then without prejudice to any other right or remedy, the company shall be entitled to cancel any contract or suspend any further performance of services or deliveries of goods under the contract without any liability to the customer and if any services have been performed or any goods have been delivered but not paid for, the price for such services or goods shall become immediately due and payable notwithstanding any previous arrangement or agreement to the contrary.
All contracts subject to these conditions between the buyer and company are personal to the buyer and may only be assigned by the buyer with the prior written consent of the company.
If any provision of the contract or terms and conditions is held by a competent authority to be invalid or unenforceable in whole or in part, this shall not affect the validity of the remainder of the relevant provision or any other provision.
All contracts subject to these conditions made between the buyer and the company shall be subject to and interpreted in accordance with English Law and the buyer hereby agrees to submit to the non-exclusive jurisdiction of the English courts in respect of all claims disputed or differences arising out of or in connection with any such contract.