TERMS AND CONDITIONS

OAKWOOD CARPETS AND FLOORING LTD

TERMS AND CONDITIONS OF BUSINESS

DEFINITIONS

“The Company” means us Oakwood Carpets and Flooring Ltd Registered number 08289577 and

“the Purchaser”means you.

“The contract”means this contract by which the Company is supplying goods and services to you as agreed between us.

“Order” shall mean the Order by the Purchaser accepted by the Company as confirmed in detail as to the goods and services to be supplied by the Company on the Company's invoice provided to the Purchaser at the time of the Order.

“Goods” shall be the items requested by the Purchaser and “Services” shall be those services supplied by the Company relating to the fitting/installation of the goods both of which are set out on the Company's invoice.

GENERAL TERMS

1 These terms supersede any prior representations or arrangements made between the Company and the Purchaser and shall constitute the Contract.

2 Where the Purchaser is a consumer within the meaning of Consumer Law in England and  Wales nothing in these Terms shall nullify or restrict the Purchaser's statutory rights

3 In non-consumer transactions the Company restricts the Purchaser's rights to the fullest  extent permitted by law.

4 No Third Party may claim any rights under this contract.

5 Risk in the goods passes from the Company to the Purchaser upon delivery of the goods.

6 Title in the goods is retained by the Company until the Purchaser has made full payment of  all sums due under the Contract to the Company.

The Company is entitled to recover goods  from the Purchaser in the instance of non-payment by the Purchaser under the terms of this  contract.

7 The Purchaser accepts the Company's Terms and Conditions upon placing the Order and a  binding contract is formed upon the Company's acceptance of such Order.

8.1 Unless specifically agreed and confirmed in writing time is not of the essence.

8.2 Either party may make time of the essence by written notice given in any normal means to  the other party.

PRICE AND PAYMENT

9.1 The Purchaser shall pay to the Company a deposit of 50% of the full Order price upon  placing of the Order. For supply only Orders the Company may require payment of 100% of  the full order price upon placing of the Order.

9.2 The balance of the purchase price is payable immediately upon delivery of the goods and if  appropriate fitting/installing the goods as agreed and confirmed on the invoice. 

FITTING/INSTALLATION OF THE GOODS

10.1 The Company will make every endeavour to fit/install the goods on the date(s) given to the  Purchaser. Such dates are only an estimate and the Company will not be liable to the  Purchaser for any loss or damage incurred of any nature caused by circumstances or events  beyond the control of the Company which mean that the Company cannot fit/install the  goods on the date(s) estimated.

10.2 The Purchaser shall be responsible for removing all fixtures, fittings, furniture and existing  floor coverings prior to the Company attending at the Purchaser's premises to fit/install the  goods.

10.3 The Purchaser must ensure that the Company has unimpeded access to the Purchaser's  premises to ensure that the fitting/installation of the goods can take place on the date(s)  agreed.

10.4 The Company will not accept any unreasonable delay by the Purchaser in allowing the  Company to fit/install the goods. In the instance of delay the Company may require the  Purchaser to pay the balance of any monies due under the Contract to the Company before  the Company fits/install the goods.

10.5 The Company recommends that it carries out a survey prior to the placing of the Order by  the Purchaser. This is to ensure that the correct measurements are ascertained for the area to  be covered by the goods. The Company shall not be liable for any shortage or oversupply  where such is occasioned by the provision of incorrect measurements by or on behalf of the  Purchaser. 

10.6 The Company is not licensed to dispose of waste and it will not carry away or dispose of any  waste from the Purchaser unless a prior agreement has been made for such disposal and any  charges payable have been paid by the Purchaser in full prior to any carrying away or  disposal by an authorised contractor.

10.7 The Company will not handle or dispose of any hazardous, contaminated or noxious  material or item at the Purchaser's premises. The Company reserves the right to carry out a  reasonable inspection of the Purchaser's premises to ascertain the presence of such items or  material.

10.8 The Company will not act in any circumstance whereby it's servants or agents are placed in danger or in contravention or possible contravention of any statutory Health and Safety  provisions or guidance.

10.9 If, during the course of installing/fitting the goods it becomes apparent that something  previous hidden such as a pipe is in place and will affect the installation/fitting then the  Company will use it's best endeavours to complete the fitting/installation as agreed but shall  not be liable for any loss or damage caused owing to the presence of the hidden item. The  Company may withdraw from the installation/fitting until such time as the Purchaser has  removed or otherwise dealt with the hidden item.

10.10 The Company shall not be liable for shrinkage of goods at a Purchaser's property caused by  movement, settlement or natural state of wood. If such shrinkage does occur the Company  will use it's best endeavours to mitigate the situation but reserves the right to charge  the  Purchaser for so doing.

THE PRODUCT

11 Colour matching cannot be guaranteed. Reproduction can vary across manufactured  batches.Carpets are matched to a master sample to ensure that matches are made to be  within an acceptable commercial allowance. Pile shading differences are normal with  carpets and not a manufacturing or installation/fitting fault.

WARRANTIES

12.1 Any warranties given by the manufacturer of the goods shall to the fullest extent possible be  applied to the benefit of the Purchaser. The Company will not extend in scope or time such  warranty and it shall only apply to the Purchaser and at the premises where the  supply/installation took place.

12.2 The Company shall not be liable for any shrinkage, damage, spillage, cutting or staining  caused by any act of default of the Purchaser or any agent engaged by or on behalf of the  Purchaser.

12.3 Whilst the Company will make every reasonable attempt to ensure that the goods supplied  match  in every respect samples shown or description given to the Purchaser any minor or  immaterial variation between the goods supplied and any sample or description shall not  entitle the Purchaser to reject the goods or withhold all or part of the payment due to the  Company. 

FORCE MAJEUR

13 The Company shall not be liable to the Purchaser if the Company is prevented or delayed in  carrying out any of it's obligations under the contract if such prevention or delay is caused  by something beyond the Company's reasonable control such as flood, fire, strike, failure of  transportation including shipping, government action or inaction or third party act or  omission.

JURISDICTION

This contract shall be governed by the laws of England and Wales and unless an alternative  dispute resolution procedure is agreed the parties submit to the jurisdiction of the English  and Welsh courts.