Terms & Conditions
Flooring Now Ltd. - Terms and Conditions
Terms & Conditions
BUSINESS CUSTOMERS AND CONSUMERS
- Some of these terms apply to consumers only; some apply to business customers only. Those terms are marked as such.
- All other terms apply for all customers.
- You are classified as a business customer if you indicate to us that the goods supplied by us will be used in the course of your business.
- If you are not a business customer, you are a consumer. You have certain statutory rights as a consumer which are not affected by these terms. Contact your local trading standards office for more information. Words in italic type are legal words which clarify, rather than alter, the meaning of the relevant clause.
- The price quoted includes VAT (unless otherwise stated) VAT is charged at the rate applying at the time of delivery.
- Our quotations lapse after 30 days (unless otherwise stated)
- The price quoted does not include delivery, unless orders exceed £800 (inclusive of VAT)
- Business customers only: unless otherwise stated, the price quoted to business customers is an illustrative estimate only and the price charged will be our price current at the time of delivery.
- Business customers only: rates of tax and duties on the goods will be those applying at the time of delivery.
- Business customers only: at any time before delivery we may adjust the price to reflect any increase in our costs of supplying the goods.
- All delivery times quoted are estimates only.
- If we fail to deliver within a reasonable time after the quoted delivery time, you may (by informing us in writing) cancel the contract, however:
- you may not cancel if we receive your notice after the goods have been dispatched; and
- if you cancel the contract, you can have no further claim against us under the contract.
- If you accept delivery of the goods after the estimated delivery time, it will be on the basis that you have no claim against us for delay (including indirect or consequential loss, or increase in the price of the goods).
- We may deliver the goods in instalments. Each instalment is treated as a separate contract.
- The goods at your risk from the time of delivery.
- Delivery takes place at your premises or address specified by you.
- You must inspect the goods on delivery. If any goods are damaged or not delivered, you must inform us within 48 hours of delivery. You must give us a fair chance to inspect the damaged goods.
- You are to pay in full prior to delivery.
- Business customers only: if you have an approved credit account, payment is due later than 30 days after the end of the month on which the invoice is dated, unless otherwise agreed in writing.
- Business Customers only: you do not have the right to set off any money you may claim from us against anything you may owe us.
- While you owe money to us, we have a right to keep any property we may hold of yours until you have paid us in full.
- Consumers only: your statutory rights are unaffected.
- You are not our agent. You have no authority to make any contract on our behalf in our name.
- We warrant that the goods:
- comply with their description on our acknowledgement of order form; and
- are free from material defect at the time of delivery (as long as you comply with clause 7.4).
- Business customers only: we give no other warranty (and exclude and warranty, term or condition that would otherwise be implied) as to the quality of the goods or their fitness for any purpose.
- Consumers only: the warranty in clause 7.1 is in addition to your statutory rights and the following limitations are subject to such statutory rights.
- If you believe that we have delivered goods which ae defective in material or workmanship, you must:
- inform us (in writing) with full details, as soon as possible; and
- allow us to investigate
- If the goods are found to be defective in material or workmanship (following our investigations), and you have complied with those conditions (in clause 7.4) in full, we will (at our option) repair the goods, replace the goods or refund the price.
- We are not liable for any other loss or damage arising from the contract or the supply of goods or their use, even if we are negligent, including (as examples only);
- direct financial loss, loss of profits or loss of use; and
- indirect or consequential loss
- Our total liability to you (from one single clause) for damage to property caused by our negligence is limited to £5,000,000.00
- For all other liabilities not referred to elsewhere in these terms our liability
- Nothing in these terms restricts or limits our liability for death or personal injury resulting from negligence.
- We warrant that the goods:
7.10Nothing in these terms affects or limits our liability for fraudulent misrepresentation.
8.1. If we prepare the goods in accordance with your specifications or instructions you must ensure that;
8.1.1 the specifications or instructions are accurate;
8.1.2 goods prepared in accordance with those specifications or instructions will be fit for the purpose for which you intend to use them; and
8.1.3 your specifications or instructions will not result in the infringement of any intellectual property right of a third party, or in the breach of any applicable law or regulation.
8.2 Business Customers Only: We reserve the right;
8.2.1 to make any changes in the specifications of our goods that are necessary to ensure they conform to any applicable safety or statutory requirements; and
8.2.2 to make without notice any minor modifications in our specifications we think necessary or desirable.
9 RETURN OF GOODS
9.1 We will accept the return of the goods from you only:
9.1.1 by prior arrangement (confirmed in writing);
9.1.2 on payment of an agreed handling charge (re-stocking fee) (unless the goods were defective when delivered)
9.1.3 where the goods are as fit for sale on their return as they were on delivery.
9.1.4 returns must be made within 1 month of purchase
10 EXPORT TERMS
10.1 Clause 10 of these terms applies (except to the extent that it is inconsistent with any written agreement between us) where we supply the goods over an international border or overseas.
10.2 The ‘Incoterms’ of the International Chamber of Commerce which is made apply to exports, because these terms prevail over the Incoterms to the extent that there is any inconsistency.
10.3 Unless otherwise agreed, the goods are supplied ex works our place of manufacture.
10.4 Where the goods are to be sent by us to you by a route including sea transport we are under no obligation to give a notice under section 32(3) of the Sales of Goods Act 1979.
10.5 You are responsible for arranging testing and inspection of the goods at our premises before shipment. We are not liable for any damage during transit.
10.6 We are not liable for death or personal injury arising from the use of the goods delivered in the territory of another state (within the meaning of s.26 (3) (b) Unfair Contract Terms Act 1977).
11.1 You may not cancel the order unless we agree in writing (and clauses 3.2.2 and 11.2 then apply).
11.2 if the order is cancelled (for any reason) you are then to pay us for all stock (finished or unfinished) that we may then hold (or to which we are committed) for the order.
11.3 We may suspend or cancel the order, by written notice if:
11.3.1 you fail to pay us any money when due(under the order or otherwise)
11.3.2 you become insolvent
11.3.3 you fail to honour your obligations under these terms
12 WAIVER AND VARIATIONS
12.1 No Failure or delay by us in enforcing any of our rights shall constitute a waiver of any our rights. No waiver shall be effective unless in writing signed by us.
12.2 No variation of these terms is binding unless
12.2.1 made (or recorded) in writing
12.2.2 signed on behalf of each party; and
12.2.3 expressly stating an intention to vary these terms
12.3 All orders that place with us will be on these terms (or any that we may issue to replace them) By picking an order with us, you are expressing waiving any terms you may have to the extent that they are inconsistent with our terms.
13.1 English law is applicable to any contract made under these terms. The English courts have a non-exclusive jurisdiction
13.2 If you are more than one person, each of you is liable for all of your obligations under these terms (joint and several liability)
13.3 If any of these terms and unenforceable as drafted:
13.3.1 It will not affect the enforceability of any other of these terms; and
13.3.2 If it would be enforceable if amended, it will be treated as so amended
13.4 We may treat you as insolvent if:
13.4.1 you are unable to pay your debts as they fall due; or
13.4.2 you (or any item of your property becomes the subject of:
A – any formal insolvency procedure (examples of which include receivership, liquidation, administration, voluntary arrangements (including a moratorium) or bankruptcy):
B – any application or proposal for any formal insolvency procedure: or
C – any application, procedure or proposal overseas with similar effect of purpose
14.5 No contract will create any right enforceable (by virtue of the Contracts (Rights of Third Parties) Act 1999) by any person not identified as the buyer or seller
14.6 Please note we may transfer personal information about you to those we may appoint to administer your account or recover amounts owing. That may include for example passing information about you to our insurers debt recovering agenst and solicitors if you fail to pay us.
14.7 You may not assign your rights