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1. GENERAL. The following conditions are in priority to and override any other terms and conditions inconsistent herewith, expressly implied, statutory or otherwise, except any incapable of being excluded by statute in force at the time of delivery. Acceptance of your order is conditional upon your acceptance of the following conditions and shall be binding unless varied by agreement in writing.
2. PAYMENT TERMS. Time of payment shall be of the essence. Payment is due on the 20th of the month following date of invoice. If not paid by the due date interest will be charged at rate of 2.5 % per month on overdue accounts, together with legal fees if incurred. Prior to credit facilities being granted by the seller to the customer, payment for goods will be made on a proforma basis and delivery will not be made until payment in full has been received and cleared by the seller. SET OFF. A customer shall not be entitled to withhold payment by any amount payable under this contract to the seller because of a dispute or claim of any nature, nor shall the customer be entitled to set off against any amount payable under the contract to the seller any monies which are not the presently payable by the seller or for which the seller disputes liability. VALUE ADDED TAX. Prices quoted overleaf do not include Value Added Tax which will be charged at the applicable rate at date of supply.
3. PASSING OF THE PROPERTY. All goods are at the risk of the customer as soon as they have been delivered or collected, but the property and ownership of the goods will not pass to the customer until payment in full has been received by the seller.
4. PRICES. Goods will be charged at the prices ruling at the date of despatch, except where a fixed price has been agreed by ourselves in writing at the time of acceptance of an order. Where a fixed price has been given, then that rate is applicable for the period stated only. If delivery is not made by the date stated, then the goods will be charged at the increased rate ruling at the time of despatch. All special or project prices must be quoted at the time of order otherwise you will be invoiced at your normal rate.
5. CARRIAGE. Any Order under £250 will be subject to a £25 small order charge. This is not the same as carriage which will also be applied to all small orders, that require a special delivery.
6. DELIVERY. Whereas every effort is made to execute orders promptly, the company cannot accept liability arising from delay.
7. CUT LENGTHS. Cut lengths are normally available.
8. CANCELLATIONS. Cancellations cannot be accepted for cut length orders after goods have been cut or dispatched, or for contract or special orders if manufacture has begun. No complaint which arises from improper installation can be considered. The company will not accept the return of any carpet unless such return has received the prior approval of the seller. Return documentation or labels will be provided by the seller once a return has been agreed upon. Goods returned for the credit due to dealers error will be credited at only 70% of the original invoice price or scrap value if not in perfect condition. This includes returns arising from duplication of orders due to the failure of dealer to mark confirmation orders as such.
9. DEFECTS. The seller may replace free of charge any goods supplied to its normal standards, found on examination by the seller to be defective in material or workmanship, provided notification of the defect is made in writing by the customer and received by the seller within 28 DAYS of the date of delivery. The seller’s liability for defective carpet will be in any event limited to a replacement only and no claims will be considered for labour and/or other charges in connection with this installation or subsequent removal. Claims for manufacturing faults cannot be accepted after goods have been cut. In all cases of complaint we reserve the right to either replace or repair. Shading is not a fault: it is a characteristic prevalent in high pile and plain carpets caused by uneven pressure as the result of part of the carpet being walked on more than the remainder. The seller cannot consider the responsibility for shrinkage of any carpet which has not been secured firmly to the floor, or any carpet installed in an area subject to excessive moisture i.e. bathrooms, toilets and kitchens. Carpets should be cared for as outlined in the carpet care leaflet. Cases of neglect render the possibility of replacement void.
10. DAMAGE OR LOSS IN TRANSIT. If goods are damaged in transit the carriers note must be endorsed accordingly and the company notified within THREE DAYS of receipt of goods. The company must also be notified if goods are not received within FOURTEEN DAYS of date of invoice. Failure to notify in either case invalidates any claim.
11. SIZES. All carpets sold and supplied by us are subject to a length and width tolerance of plus or minus 1.25% as specified in British Standard 3655 Clause 3.
12. MATERIALS. In order to give the customer the advantage of any technical developments and continuity of supply/ the company reserves the right to substitute without notice. These conditions shall be read and construed according to English Law.