TERMS & CONDITIONS

1. DEFINITIONS

1. ‘Buyer’ means the person, partnership or company who buys or agrees to buy the goods from the company and who is in a trades person or business, not buying the goods for their own use.
2. ‘Company’ means Fletcher Flooring Limited.
3. ‘Conditions’ means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Company.
4. ‘Contract’ means any contract between the Company and the Buyer for the sale and purchase of the Goods, incorporating these Conditions.
5. ‘Delivery date’ means the date specified by the Company when the goods are to be delivered.
6. ‘Goods’ means the articles which the Buyer agrees to buy from the Company.
7. ‘Price’ means the price for the Goods excluding VAT.
8. ‘Recommendations’ mean advice given based on information received and based on the assumption that the flooring conditions are to BS standards, unless otherwise indicated to us in writing.

2. CONDITIONS APPLICABLE

1. These conditions shall apply to all contracts for the sale of Goods by the Company to the Buyer to the exclusion of all other terms and conditions including any terms or conditions which the Buyer may purport to apply under any purchase order or similar document.
2. A verbally expressed acceptance will be confirmed by the Company in writing. The Contract is made to the extent set out in the confirmation of order, unless the Buyer cancels the confirmation of order forthwith and in writing.
3. All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Conditions. No order placed by the Buyer shall be deemed to be accepted by the Company until a written acknowledgement of order is issued by the Company.
4. Placing an order for Goods shall be deemed conclusive evidence of the Buyers acceptance of these Conditions.
5. Any variation to these Conditions (including any special terms and conditions agreed between the two parties) shall be inapplicable unless agreed in writing by the Company.

3. THE PRICE AND PAYMENT

1. The Price shall be the Company’s quoted price. The price is exclusive of VAT which shall be due when an order is placed by the Buyer. Unless specified to the contrary, the price will be inclusive of normal delivery charges.
2. If the price is not specifically agreed, then the price will be based on the Company’s current price list, valid at the point where the Contract was made.
3. Payment of the Price and VAT shall be made when the order is placed by the Buyer.

4. THE GOODS

1. The quantity and description of the Goods shall be as set out in the Company’s order confirmation.
2. The materials supplied are made of natural materials therefore colour, shade and variation in the level of knotting will occur. Images or samples supplied by the Company provided a representation of the product to be supplied, however variation in colour, knotting and finish is not deemded to be a defect.
   

5. WARRANTIES AND LIABILITY

1. The Company warrants that the Goods will at the time of delivery be of satisfactory quality within the meaning of the Sale of Goods Act 1979 and correspond to the description given by the Company. All other warranties, conditions or terms relating to fitness for purpose, merchantability or condition of the Goods and whether implied by statute or common law or otherwise are excluded.
2. The Buyer undertakes to examine the goods and to notify the Company forthwith in writing of any apparent defects, wrong quality or errors in delivery. Where a defect first becomes apparent at a later point, the Buyer must notify this forth-with upon discovery. If the Buyer does not comply with this obligation, then it cannot make claims in this regard under the rights of the guarantee.
3. Guarantees are given in respect of the quality of products supplied, their fitness for the purpose recommended and their compatibility with other components in the overall flooring construction. However, varying site conditions and methods of use influence the practical application of the products. Their success is also dependant upon the professional judgement of the user and his/her conformity to proper trade practice and compliance with relevant British Standard of Installation, which are factors outside the Company’s control.
4. The Company accepts no responsibility for any interpretation of the recommendations given other than that intended by the Company at the time of writing. Where there is an alternative interpretation or doubt as to the precise meaning of any word, phrase or terminology used, clarification should be sought from the Company prior to implementing the recommendation.
5. The Company’s total liability in contract, tort or otherwise, arising in connection with the performance or supply, or contemplated performance or supply under any Contract shall be limited to the Price. The Company shall not be limited to the Price. The Company shall not be liable to the Buyer for loss of profit or business in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever which arise out of the performance or supply of or in connection with any Contract.
6. Nothing in these Conditions excludes or limits the liability of the Company for death or personal injury caused by the Company’s negligence or for any matter which it would be illegal for the Company to exclude or attempt to exclude its liability.

6. DELIVERY OF THE GOODS

1. Once the order is processed, confirmation will be sent to the Buyer. This should be checked by the Buyer to ensure that all details are correct. The Company should be notified immediately of any changes / corrections. Subsequent amendments to the original order will be processed as quickly as possible but these may have to be treated as a new order (which may incur additional costs, depending upon order size and delivery requirements).
2. Charges will apply for deliveries according to the location and quantity. Additional charges, over and above those for the flooring, may apply for the supply of accessories.
3. All deliveries must be examined upon delivery. The Buyer’s or it’s carrier’s receipt shall be conclusive evidence of delivery. Any shortages, loss or damage on delivery should immediately be reported to the Company.
4. Delivery of the Goods shall be made to the address requested by the Buyer.
5. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. This includes safe suitable and legal access for a large commercial vehicle(s), as well as swift off loading facility at the time of arrival.
6. The Company reserves the right to defer the date of delivery or to cancel the Contract or reduce the volume of the Goods ordered by the Buyer (without liability to the buyer) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of the Company including, without limitation, acts of God, war or national emergency, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, provided that, if the event in question continues for a continuous period in excess of 6 months, the Buyer shall be entitled to give notice in writing to the Company to terminate the Contract.

7. ACCEPTANCE OF THE GOODS

1. The Buyer shall be deemed to have accepted Goods upon unloading the goods after arrival and checking they are in accordance with the contract.

8. REMEDIES OF THE BUYER

1. The Buyer must give written evidence in the form of a completed fully completed complaint report with high quality supporting photographs of any defects in the Goods to the Company.
2. The Company shall not be liable for a breach of warranty if the Buyer makes further use of such Goods after giving such notice or if the defect arises because the defect arises because the Buyer failed to follow the Company’s oral or written instructions or if the Buyer alters or repairs such goods without the written consent of the Company.
3. Subject to conditions 8.1 and 8.2, the Company shall at its option repair or replace such Goods (or the defective part) or refund the price of such Goods at the pro rata Contract rate provided that, if the Company so requests, the Buyer shall, at the Company’s expense, return the Goods (or the defective part) to the Company.
4. Subject to the other provisions of these Conditions, the Company shall not be liable to the Buyer for late delivery or short delivery of the Goods.

9. PROPER LAW OF CONTRACT

1. This contract is subject to the law of England and Wales.