Standard Terms and Conditions of The Prestige Flooring Co. as at 1 June 2018
1. INTERPRETATION
1.1 In these conditions “Company” means The Prestige Flooring Co. of Paddock View, Worlds End, Cobham, Surrey, KT11 1AG;
“Estimate” means the estimate provided to the Customer detailing the Goods to be supplied by the Company and the price to be paid by the Customer for those Goods;
“Customer” means the person named in the Estimate;
“Goods” means the items or any of them described in the Estimate;
“Contract” means the contract for the sale by the Company to the Customer of the Goods constituted by these terms and including the Estimate.
1.2 The headings are for convenience only and do not affect interpretation
2. BASIS OF THE SALE
2.1 Where Goods only are supplied under the Contract those Goods are sold by the Company to the Customer on the terms contained in the Sales of Goods Act 1979 except as expressly varied by the Sales Invoice and or by these terms;
2.2 Where Goods are provided and fitted under the Contract, the Goods are provided on the terms contained in the Supply of Goods and Services Act 1982 except as expressly varied by the Sales Invoice or by these terms;
2.3 No change may be made to the Contract unless agreed in writing by the Company
3. PAYMENT
3.1 On creation of the Contract the Customer shall pay a deposit of 75% of the price stated by the Estimate;
3.2 The balance of the Contract price and any payments under clause 7.2 shall be paid on delivery of the Goods
3.3 Time is of the essence for payment and interest shall begin to accrue on the outstanding balance from 14 days after invoice at 4% over the base lending rate of HSBC Bank Plc.
3.4 In the event that payment is late and the Company litigates to ensure performance of the Contract the Customer shall pay the sum of £500 plus VAT to the Company in addition to the Contract price on entry of judgement in the Company’s favour or on the earlier settlement of the claim by the Customer as a contribution towards the Company’s anticipated legal expenses.
4. ORDER AND SPECIFICATION
4.1 The Company may make and changes to the specification of the Goods without notifying the customer in so far as such changes of specification do not materially affect the appearance or quality or performance of the Goods.
4.2 If the Company seeks to change the specification of the Goods and such change in specification shall materially affect appearance or quality or performance of the Goods then the Company shall notify the Customer of the proposed changes and the Customer shall have the option to rescind the contract by notice within 7 days and the Company shall in that event return the deposit in full.
5. CANCELLATION
5.1 If the Customer chooses to cancel the Contract before delivery of the Goods and not in the circumstances described in clause 4.2 above, the Company shall retain the deposit and the Goods.
5.2 The Customer cannot cancel the contract after delivery of the Goods.
5.3 The Company reserve the right to cancel the Contract at any time prior to notification of the Customer that the Goods are ready for delivery if it is unable to fulfil the order. In this event the Company’s only liability is to refund any deposit or advance payment paid by the Customer.
5.4 If the Customer becomes bankrupt the Company may without prejudice to any other right or remedy available to it cancel the Contract or suspend further performance and retain the deposit.
6. DELIVERY
6.1 The Company will notify the Customer once the Goods are ready for delivery.
6.2 Any dates quoted for delivery of the Goods are approximate only and whilst the Company will use its best endeavours to meet any delivery dates quoted it shall not accept any liability for delay or failure to meet delivery dates quoted.
6.3 If the Goods are to be delivered in instalments the preceding two paragraphs apply to each instalment. Failure by the Company to deliver an instalment does not constitute a fundamental breach of this Contract.
6.4 Delivery and fitting is on the basis that convenient parking and access to the relevant rooms will be available. If parking charges apply these will be payable by the Customer immediately on receipt of an invoice from the Company. Carpets and associated materials are bulky and the Customer shall ensure that access will be possible on the date of delivery.
6.5 If the Goods cannot be delivered due to the Customer’s failure to provide access or due to the Customer’s failure to take delivery when tendered the Customer shall pay the reasonable storage and redelivery costs and charges of the Company.
6.6 If the Customer will not accept delivery within 3 weeks of being notified that the Goods are ready the Company shall treat the Customer’s failure to accept delivery as cancellation of the Contract by the Customer
7. INSTALLATION
7.1 If the Contract is for the supply only of Goods then at the Customer’s request the Company may recommend fitters but any dealings with and contract terms with such fitters are entirely a matter for the Customer, and the Company accepts no liability for service provided by recommended fitters.
7.2 If the Contract is for the supply and fitting of the Goods then the Customer shall specify whether they will clear the rooms in which Goods are to be installed and leave a flat smooth surface for the Goods to be installed upon by the Company or if the Customer requires the Company to clear the relevant rooms prior to installation. In the case that the Company are required to clear rooms prior to installation they will include the fees for furniture removal and uplift and disposal in their Estimate.
7.3 In the case that the Company is engaged to move furniture on the Customer’s behalf the Customer is still required to move small, valuable, breakable and electrical goods. Whilst every care is taken whilst moving furniture the Company cannot be held responsible for any damage that may occur whilst items are moved.
7.4 If the Company has not been asked to quote for furniture removal in advance of installation but on the day of installation it is necessary for the Company, their employees and agents to move furniture then the Company reserve the right to make a fair charge to the Customer for the clearance of each room.
7.5 Where door trimming is required following installation of the Goods the Company shall make a fair charge to the Customer
7.6 It is assumed that the sub floor upon which the Goods are to be installed is flat and firm and free from damp or defect. The Company cannot be responsible if the sub floor requires treatment or repair and if required by the Customer before fitting of the Goods then such treatment or repair shall be charged to the Customer.
7.7 All areas must be clear of other trades or their equipment so fitting work may proceed with continuity.
7.8 Decisions on carpet seam and pile directions are to be left to the discretion of the Company
7.9 If the Customer wishes to re-schedule an installation appointment the Customer shall give the Company a minimum of one weeks notice. If one weeks notice is not given to the Company then 50% of the installation fees shall still be payable by the Customer in relation to the cancelled appointment, or 100% if within 72 hours of the fitting date. The full installation fees will then also apply for the rescheduled appointment.
8. RISK AND PROPERTY
8.1 Risk of damage to or loss of the Goods passes to the Customer on delivery of the Goods.
8.2 Property of the Goods shall pass to the Customer when the Company has received cleared funds payment in full for the Goods.
8.3 Until property in the Goods passes to the Customer a) the Customer holds the Goods as the Company’s bailee and must keep the Goods properly stored, protected and insured and b) the Company may at any time require the Customer to deliver up the Goods to the Company.
9. LIABILITY
9.1 The Company cannot accept any liability for incorrect measurements or specifications provided by the Customer.
9.2 Any claim by the Customer which is based on any defect or failure in the Goods or in the provision of services in respect of the Goods shall be notified to the Company in writing within 7 days of the date of delivery;
9.3 The Company’s liability for the defect or failure or for any shortage in Goods delivered or for any loss, injury or damage which the Customer may suffer directly or indirectly as a consequence (other than in respect of death or personal injury) is limited to the Company’s option of:
9.3.1 replace the Goods or the relevant part; or
9.3.2 repair the defects or failure; or
9.3.3 refund to the Customer the price of the Goods or a proportionate part of the price.
9.4 The Company accepts no liability for any delay in performance nor any defects in the Goods if beyond the Company’s control.
9.5 Pile reversal and shading (permanent light and dark patches) can occur on any carpet or rug. This is not considered to be a manufacturing defect therefore the Company will accept no liability for its occurrence.
9.6 Wood is a natural product and as such variation in colour and appearance from any sample supplied may occur and shall not constitute a breach of this contract. Similarly the colour and appearance of wood flooring may change over time and the Company will bear no liability for this unless such variation being beyond the natural wear and tear of the product can be directly attributed to some default of the Goods or default of the installation of the Goods by the Company.
9.7 Carpets and vinyl supplied may vary slightly in colour to that seen in samples
10. GENERAL
10.1 Notices to be given by either party to the other must be in writing. Notices to the Company shall be addressed to their company address or other address as notified to the Customer or to such email address as provided by the Company. Notices to the Customer shall be addressed to the delivery address or such other address as notified to the Company or to such email address as provided by the Customer.
10.2 The Company may at its discretion procure the performance of any of its obligations or the exercise of any of its rights under the Contract by or through any subcontractor where appropriate.
10.3 If any provision of the Contract is held by any competent court to be invalid or unenforceable then that provision shall be deemed severed from the Contract and the remainder of the Contract shall remain binding and in force.
10.4 The Contract is the entire agreement between the parties and no other terms shall be deemed to be incorporated into the Contract unless agreed in writing between the Company and the Customer.