Terms & Conditions
- 1. DEFINITIONS
1.1 In this Contract:
“Contract” means any contract between You and Us (East Anglia Flooring Supplies) incorporating these conditions for the sale of Products;
“Flooring” means any matting, rugs, underlay, borders, carpets, vinyl, tiles, wood and/or laminate flooring and/or any other flooring ordered from Us by You or to be supplied by Us to You;
“Liability” means liability for any and all damages, claims, proceedings, actions, awards, expenses, costs (including legal costs) and any other losses and/or liabilities;
“Products” means any products and/or goods ordered from Us by You or to be supplied by Us to You including without limitation exhibition stands, display boards, Flooring, feature strips, grippers, adhesive, flooring accessories and/or cleaning and maintenance products;
“We, Us, Our” means East Anglia Flooring Supplies;
“You, Your, Yourself” means the person whose order for Products is accepted by Us;
- BASIS OF CONTRACT AND ORDER
2.1 These conditions shall govern the agreement between You and Us to the exclusion of any other terms or conditions. Quotations are not binding or capable of acceptance and are estimates only. The Contract between You and Us shall come into effect on Our acceptance of Your order.
2.2 You shall be responsible for the accuracy of an order and for giving Us any information necessary for Us to perform the Contract. Orders for cut lengths of Flooring will be rounded up to the nearest 5cm.
2.3 Any order for cut length materials should be considered as Custom Orders, and such orders cannot be returned to stock.
- SAMPLES
3.1 If You approve any sample produced by Us then You shall have no claim in respect of, nor any right to reject, any Products provided the Products in question are of the same description, specification, quality and fitness for the purpose as the sample.
3.2 You acknowledge that each batch of Flooring may have a slight colour and/or decoration variation from other batches due to the manufacturing process. We will use Our reasonable endeavours to match any requested Flooring batch and/or to supply Flooring from the same batch if You supply Us with full written details of Your requirements with Your order but We shall be under no obligation to do so.
- DELIVERY AND POSTPONEMENT
4.1 Dates for delivery and/or performance are estimates only and are not guaranteed. Time is not of the essence in relation to such dates. They are also subject to any matter beyond Our reasonable control.
4.2 We may effect delivery by instalment and where We do so, each such delivery shall constitute a separate and distinct contract and failure by Us to deliver, or any claim by You in respect of, any instalment shall not entitle You to repudiate and/or terminate this Contract as a whole.
4.3 You may not reject Products and/or rescind for late delivery unless the due date for delivery has passed and You have served on Us a written notice requiring the Contract to be performed and giving Us not less than 14 days in which to do so and the notice has not been complied with.
4.4 Delivery will be made between 8am and 4pm on normal working days. You shall procure during these hours that We and/or Our delivery agents have free rights of access to the delivery address for the purpose of delivering the Products.
4.5 If the parties agree that the Products are to be collected from Our premises then You shall collect the Products within 3 working days of being notified that the Products are ready for collection. If the Products are not collected by You within such period We may at Your expense and risk either despatch the Products to You or store the Products until despatch and/or collection. Such goods stored on Our premises will incur daily storage charges at Our current rates.
4.6 If You fail to collect and/or refuse to take delivery of any Products in accordance with this Contract then:
4.6.1 We may withhold delivery of any other Products and may treat this Contract as repudiated by You and shall have the right to rescind this Contract;
4.6.2 You shall pay all Our reasonable additional costs and expenses incurred as a result; and/or
4.6.3 We may invoice You for the Products as if You had collected and/or taken delivery on time.
4.7 We may comply with reasonable requests by You for postponement of delivery of the Products but shall be under no obligation to do so. Where delivery of the Products is postponed at Your request then You shall pay all Our reasonable additional costs and expenses incurred as a result and You shall pay for the Products as if delivery had not been postponed.
- PRICE
5.1 The price of the Products shall be as shown in Our price list current at the date of acceptance of the order as varied by notification from Us and/or agreement with Our authorised representative. Our prices are ex works and You shall be liable to pay Our charges (if any) for transport and insurance. Our prices are exclusive of any applicable VAT for which You shall additionally be liable.
5.2 We may at Our sole discretion increase Our prices where the time between the date of acceptance of Your order and Your requested date of delivery exceeds 1 calendar month.
5.3 Our terms of payment are net cash by the 20th day of the month following the end of the month in which the invoice was issued. Time for payment shall be of the essence.
5.4 If You fail to make any payment in full on the due date We may charge You interest both before and after judgement on the amount unpaid at the greater of the rate implied by law or 4 percent above the base rate of the Bank of England, compounded monthly.
5.5 Any monies received by Us from You may be applied by Us at Our option against any interest charged prior to application against any principal sums due from You.
5.6 We may invoice each delivery of Products separately. We may render an invoice to You any time on or after delivery of the Products. If payment in full is not made when due then We may withhold or suspend future or current deliveries.
5.7 You shall pay all sums due to Us under this Contract without set off, deduction or counterclaim. Payment shall not be deemed to be made until We have received cleared funds.
5.8 We may set a credit limit for You and may refuse to accept orders or suspend delivery if that limit is exceeded.
- SPECIFICATION AND INTELLECTUAL PROPERTY RIGHTS
7.1 The quantity, quality, description and/or specification for the Products shall be that set out in Our price list and confirmed within Your order. Promotional literature is a guide only.
7.2 You agree to indemnify and keep indemnified Us against all claims, losses, expenses, liabilities and costs arising out of Our use of specifications or drawings supplied by You.
7.3 You will not alter, remove or tamper with any trade marks used on the Products.
7.4 All intellectual property rights in the Products and related materials shall belong to Us or the relevant manufacturer.
- PROPERTY AND RISK
8.1 Risk in the Products shall pass to You at delivery.
8.2 Title shall not pass to You until payment in full has been received.
8.3 Products must be stored separately and clearly identified as Our property until paid.
8.4 Products must be insured until title passes.
- DEFAULT
9.1 If You fail to pay, breach this Contract, become insolvent or appear financially inadequate, We may exercise the rights in clause 9.2.
9.2 We may repossess Products, stop deliveries, terminate agreements and demand immediate payment.
- REPAIRS AND REPLACEMENTS
10.1 Defective Products must be notified within 14 working days.
10.2 Products may need to be returned or inspected.
10.3 Latent defects must be reported within 14 days of discovery.
10.4 Missing Products must be notified within 5 working days.
- LIMITATIONS OF LIABILITY
11.1 You must inspect Flooring before fitting.
11.2 Products must be used as recommended by the manufacturer.
11.3 No liability for misuse, incorrect fitting or poor maintenance.
11.4 No liability for shrinkage or appearance issues.
11.5 Manufacturer guarantees may be passed on at Our discretion.
11.6 Liability is limited to invoice value or three times the net value as applicable.
11.7 Nothing limits liability for death, personal injury or fraud.
11.8 Statutory consumer rights are unaffected.
- GENERAL
12.1 You agree to indemnify Us against losses arising from Your breach.
12.2 Waivers do not apply to future breaches.
12.3 Delays outside Our control extend performance time.
12.4 Assignment requires consent.
12.5 This Contract is governed by English law and subject to English courts.
