Terms & Conditions
Interpretation
In these conditions and the purchase order overleaf:
“the company” means, One Floor Ltd:
“Goods” means the goods or any of them described overleaf:
“Contract” means the contract for the sale by the Company to the Customer of the Goods constituted by these terms and including the Purchase Order.
Basis of the Sale
The Goods are sold by the Company to the Customer on the terms contained in the Sale of Goods Act 1979 except as expressly varied by the Purchase Order and/or by these terms.
No change may be made to the Contract unless agreed in writing by the Company.
Orders and Specifications
The Company may make any changes in the specification of the Goods which are required to conform with any relevant safety or other statutory requirements or which do not materially affect their quality or performance.
If any contract is cancelled by the Customer prior to delivery the Customer will be liable to pay the Company up to 70% of the price of the Goods to cover expenses incurred.
The Company may cancel the Contract at any time before it notifies the Customer that the Goods are ready for delivery/collection if it is unable to fulfill the purchase order due to causes beyond it’s reasonable control. In this event, the Company’s own liability is to refund any deposit or advance payment paid by the Customer.
Price of Goods
The price of the Goods is set out in the Purchase Order.
Any additional specific charges for delivery or other service to be provided by the Company in respect of the Goods are set out in the Purchase Order.
Terms of Payment
The terms of payment are set out in the Purchase Order. Time is of the essence for payment. Receipts for payment will be issued on completion of works.
Collection
The Company will notify the Customer once the Goods are ready for collection/delivery as the case may be.
Any dates quoted for delivery/collection of the goods are approximate only. The Company will use its best endeavours to meet delivery/collection dates quoted, however it shall not be liable for any delay or failure to meet the delivery/collection date quoted for reasons beyond the Company’s reasonable control. The goods may be delivered by the Company in advance of the quoted delivery date upon giving reasonable notice to the Customer.
If the Customer fails to take delivery of the Goods within two weeks after being notified that they are available for collection or, if appropriate, at the right time agreed for delivery, the Company may, without prejudice to any other right or remedy sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) charge the Customer for any shortfall below the price under the Contract. The Company will be able to retain any deposit or advance payment paid by the Customer up to the amount of the shortfall.
Risk to Property
Risk of damage to or loss of the Goods passes to the Customer:-
In the case of Goods to be delivered at the Company’s premises, on the date of notification or In the case of Goods to be delivered otherwise than at the Company’s premises, or the time of delivery or, if the Customer wrongfully fails to take delivery of the Goods, the time when the Company has tendered delivery of the Goods.
Property in the Goods shall pass to the Customer when the Company has received in cash or cleared funds payment in full for the Goods.
Until property and the Goods passes the Customer, (a) the Customer hold 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.
Warranties and Liability
Nothing contained under this section does nor will affect your statutory rights. Any claim by the Customer which is based on any defect or failure in the goods and the provision of the service in respect of the Goods should be notified to the Company in writing within 7 days from the date of delivery or (where the defect was not apparent on reasonable inspection) within 7 days from discovery of the defect or failure.
Failure to notify us promptly could jeopardise the validity of the claim.
Provided that the claim is made as set out above, 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, replace the Goods (or the part in question) free of charge, or to repair defects or failure, or to refund to the Customer the price of the Goods (or a proportional part of the price).
The Company accepts no liability for any delay in performing, or any failure to perform, any of its obligations in relation to the Goods, if the reason for the delay or failure was beyond the Company’s reasonable control.
Bankruptcy of Customer
If the Customer becomes bankrupt or insolvent the Company may, without prejudice to any other right or remedy available to it, cancel the Contract or suspend any further performance or deliveries under it without any liability to the Customer. If the Goods have been delivered but payment in full has not been notwithstanding any previous agreement or arrangement to the contrary.
General
The Company may at is discretion procure the performance of any of its obligations or the exercise of any of its rights under the Contract by or through any other member of its group of companies or through any subcontractor, where appropriate.
Any notice required or permitted to be given by either to the other under the Contract must be in writing addresses to the party at the address set out overleaf (in the case of the Customer) or at the branch at which the Purchase Order is placed or its registered office (in the case of the Company) or such other address as either party may at the relevant time have notified in writing to the other.
No waiver by the Company of any breach of the Contract by the Customer is to be considered as a waiver of any subsequent breach.
If any provision of the Contract is held by any competent court or authority to be invalid or unenforceable in whole or in part the validity of the other provisions of the contract and the reminder of the provision in question shall not be affected.
The terms of the Contract are the only terms which apply to the safe of the Goods by the Company and no other terms, are or are deemed to be incorporated into the Contract,(whether express or implicit).
No liability is accepted by the Company in respect of Goods supplied by the Company in accordance with the Customers own specification and/ or measurements.
Nothing contained within the Terms of Sale does nor will affect you statuary rights.
Helpful Reminders for Carpets
All our fitters are fully competent in their trade and we have every confident in them fitting your Carpets to the highest standards. To assist us in the preparation of your carpet fitting could we ask the following questions to ensure our quality of service.
1) Will the rooms be cleared of furniture?
2) Will existing floor coverings require uplift and disposal?
3) Are there any pipes or electrical wires we should know about?
4) Will existing doors clear the new carpet?
5) Do any loose floor boards need securing?
6) Will any valuable items need to be moved to gain access to areas to be fitted?
7) Do you know where any joins may be?
Shading
All carpets are liable to pile shading differences, light and dark areas arising from unequal surface pressure. This is not a manufacturing fault and is not detrimental to the wear of the carpet. The regular use of a suction cleaner with a beater bar, and on Saxony and long pile carpets, a carpet rake is recommended and will ensure lasting satisfaction with your purchase.
Berbers
All berber carpets produced involve the use of random blends of natural colours. As a result, when seen in full widths, a linked effect may be apparent which is not always visible in short lengths. This is not a manufacturing defect, but is characteristic of Berber carpets, which are primarily intended to offer the purchaser a product which resembles the “hand-made” carpets and rugs produced by Berber tribesman, from whom the name is derived.
