1. These terms set out the agreement between you and us for the supply of the goods identified in your order form and for the installation services which we have agreed to provide.
2. By placing an order with us you confirm that you are willing to accept and be bound by these conditions. We are free to accept or decline your order but once we have accepted your order, and confirmed this to you in writing, these conditions shall be binding on both you and us.
3. Please check that the details in your order form are complete and accurate before you commit yourself to the purchase. If you think there is a mistake, please make sure that you ask us to confirm any changes in writing. We only accept responsibility for statements and representations made in writing by our authorised employees and agents.
4. If any of these conditions are inconsistent with the order form, the terms of the order form will prevail.
5. Any samples, drawings, descriptions or advertising we issue, and any descriptions or illustrations contained in our catalogues or brochures, are issued or published solely to provide you with an approximate idea of the services they describe.
6. Any quotation for the goods and services is given on the basis that a binding contract shall only come into existence as set out in section 2 above. A quotation from us shall be valid for 30 days from its date of issue, unless we notify you in writing that we have withdrawn it during this period.
7. You may, at any time before any agreed delivery date amend or cancel an order by providing us with written notice. If you amend or cancel an order, your liability to us shall be limited to payment to us of all costs we reasonably incur in fulfilling the order until we receive your amendment or cancellation. However, where the amendment or cancellation is due to our failure to comply with these terms you shall have no liability to us for it.
8. We have the right to amend these terms from time to time. You will be subject to the policies and terms in force at the time that you order the goods and services from us, unless any change to those policies or these terms is required by law or government or regulatory authority in which case it will apply to orders that you have previously placed that we have not yet fulfilled. We will however notify you in these circumstances.
9. Quality of Service
Unless we are prevented from doing so by a force majeure event (see section 24 below), we will provide goods and services which (a) conform in all material respects with their description; (b) are carried out with reasonable skill & care; (c) are fit for any purpose we say they are fit for, or for any purpose for which you use the goods about which you have informed us, or which we could reasonably expect you to use the goods; (d) are free from material defects in design, material and workmanship (see section 10 below); (e) comply with all applicable statutory and regulatory requirements for supplying the goods and/or services in the United Kingdom.
10. Some of the defects which we do not consider to be material are set out below:
a) Sizes: Whilst every effort is made to have the provide the correct sizes, slight variations are unavoidable. The British Standards Institutes tolerance for a metric figure is plus or minus 1.25%as specified in BS3865 Clause 3. b) Fading: Whilst every care is taken by the manufacturer to use only the best available materials and dye stuffs, we are unable to guarantee the non-bleeding and light fast qualities of the goods. c) Shading: Cut pile carpets sometimes show a shading effect that appears as light and dark patches due to different pile direction. This effect can be exaggerated by such things as room lighting and certain types of traffic across the carpet. Shading is a natural phenomenon which cannot be totally eliminated in the production process and is therefore not considered to be a manufacturing fault. d) Matching: When carpets of different widths are used we cannot guarantee that shades will match although every effort is made to obtain the best possible results. Further we are not liable for goods failing to match decorations or for shading differences in goods supplied in separate orders.
11. Your rights under section 9 above are in addition to your legal rights in relation to the goods and services.
12. These terms apply to any replacement goods and services that we supply to you in the unlikely event that the original goods and services do not conform to these terms.
13. You must provide us, in sufficient time, with any information and instructions relating to the goods and installation services as are necessary to enable us to provide the goods and services in accordance with these terms. In particular we will notify you when the goods are ready to be delivered/collected/ installed. It is your responsibility to contact us within 14 days of this notification to enable us to agree a mutually convenient date for delivery and/or installation. If you do not, or you provide us with incomplete, incorrect or inaccurate information or instructions, we may cancel the order by giving you written notice (and the cancellation fees as set out above shall apply), or we may make an additional charge of a reasonable sum to cover any extra work that is required.
14. Your responsibilities
(a) Adhesives: Where certain types of adhesives are being used, no smoking must be observed and all naked lights extinguished as and when requested. (b) Clearance of Working Area: The moving or removal of furniture prior to or during installation will be chargeable. We request that all doors either be eased or removed prior to installation should this be necessary. (c) Re-Stretching: We will return to site to restretch carpet if required up to a period of six months from the date of installation. If restretching is required outside this period this will be a chargeable item. (d) You must provide an adequate and acceptable damp proof membrane to all floors at ground floor level and lower than ground floor level.
15. We will make every effort to complete the installation services on the agreed date but there may be delays due to circumstances beyond our control. In this case we will complete the installation services as soon as is reasonably possible.
16. Defective Services
In the unlikely event that the goods or the installation services do not conform with these conditions, please let us know as soon as possible after we have carried them out by contacting us at the address set out on your order form. Once we have investigated your complaint we may: (a) provide you with a full or partial refund, depending on what is reasonable; or (b) re-perform the installation services; or (c) replace the goods; or (d) repair the goods.
17. Price and Payment
The price of the goods and services will be as set out in the order form, or, where an order form has not been supplied the quotation we provided to you or, if we have not provided a quotation/ order form or the quotation has expired, in our price list in force at the time we confirm your order. Prices are liable to change at any time, but price changes will not affect orders that we have confirmed in writing.
These prices include VAT. However, if the rate of VAT changes between the date of the order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Services in full before the change in the rate of VAT takes effect.
19. We may invoice you for the goods and services at any time after we have provided the services to you. You must pay the invoice in cleared monies on the date of delivery of the goods or on completion of installation (if later).
20. If you do not make any payment due to us by the due date for payment (as set out in section 19 above), we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Barclays Bank Plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with the overdue amount.
21. Without limiting any other remedies or rights that we may have, if you do not pay us on time, we may cancel or suspend our performance of the services or any other outstanding order until you have paid the outstanding amounts.
22. Sections 20 and 21 shall not apply for the period of the dispute if you dispute the payment owing in good faith and let us know promptly after you have received the invoice that you dispute it.
23. If either of us fails to comply with these conditions, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which we or you could reasonably foresee would result from the failure to comply with these conditions. In particular, neither of us shall be responsible for losses that result from our failure to comply with these conditions including, but not limited to, losses that fall into the following categories: (a) loss of income or revenue; (b) loss of business; (c) loss of anticipated savings; or (d) loss of data. However, this section 23 shall not prevent claims for foreseeable loss of, or damage to, your physical property and this section does not include or limit in any way our liability for: (a) death or personal injury caused by our negligence; or (b) fraud or fraudulent misrepresentation; or (c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or (d) losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability; or (e) defective products under the Consumer Protection Act 1987; or (f) any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
24. Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these conditions that is caused by events outside our reasonable control (Force Majeure Event). A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following:
(a) strikes, lock-outs or other industrial action; or (b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or (c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; or (d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or (e) impossibility of the use of public or private telecommunications networks. Our obligations under these conditions are suspended for the period that the Force Majeure Event continues, and we will extend the time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under these conditions can be performed despite the Force Majeure Event.
25. Data Protection We will only use the personal information you provide to us to provide the goods and the services or to inform you about similar goods and services which we provide, unless you tell us that you do not want to receive this information. We will not pass your data to third parties.
26. General If any court or competent authority decides that any of the provisions of these conditions are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law. If we fail, at any time while these conditions are in force, to insist that you perform any of your obligations under these conditions, or if we do not exercise any of our rights or remedies under these conditions, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these conditions shall be effective unless we expressly say that it is a waiver and we tell you so in writing. These conditions shall be governed by English law.