Terms and Conditions of Sale
In these terms and conditions of sale ‘the company’ means Distinctive Flooring Ltd. ‘the Customer’ means the person, firm or company purchasing the goods from the Company.
In accordance with the Construction Product Directive (CPD/89/106/EEC). All our products are identified in accordance with EN14041. Copies of the certificates are available upon request.
- Trade Price
The Price agreement issued by the Company is intended for the trade and is issued to bona fide Customers with the request that it should not pass to other hands. Trade prices are subject to alteration at any time without notice. Nothing in the price agreement issued by the Company constitutes an offer and the Company reserves the right to refuse any order.
- Acceptance of Orders
Unless otherwise agreed in writing by a director of the Company, all sales are undertaken on and subject to these Terms and Conditions of Sale. Pricing of an order implies acceptance of our terms and conditions.
- Value Added Tax (VAT)
All prices quoted by the company are exclusive of Value Added Tax.
- Terms of Payment
Payment is due by the end of the month following the date of invoice. A discount of 2.5% is allowed if payment is made by the 20th of that month.
- Ownership of Goods
a. The property in any Goods delivered by the Company to the Customer shall not pass from the Company until such time as the Customer has paid in full for those goods and for any other goods delivered by the Company to the Customer.
b. Notwithstanding the reservation of ownership in clause 5(a) and subject to Sub-Clause 5(c). the Customer has the Company’s consent to resell in the ordinary course of business any goods which remain the property of the Company in which event the Customer shall remit the proceeds of such sale to the Company up to the amount of any sums then owing and due for payment by the Customer to the Company and until so doing shall hold such proceeds of sale on behalf of the Company in such a way that they are kept separate and readily identifiable.
c. If the Customer:
i. has a bankruptcy petition issued against the Customer. Or
ii. goes into liquidation whether voluntary or compulsory. Or
iii. makes an arrangement with the Customer’s creditors. Or
iv. has an administrator or administrative receiver appointed over any of the Customers assets. Or
v. receives a written demand from the Company to pay overdue sums owned by the Customer.
The Customer’s consent from the Company to do the acts referred to in Sub-Clause 5(b) shall determine and be deemed to have determined forthwith and the Customer shall not thereafter sell or use Goods belonging to the Company, save with the consent in writing of the Company until the Company has paid in full accordance with Sub-Clause 5(a)
- The company may recover and dispose of any Goods in which the Company has retained the property under Sub-Clause 5(a) and upon the happening of nay of the events referred to in Sub-Clause 5(c) and the Company or persons authorised by the Company may for that purpose enter upon any premises owned or controlled by the Customer where such goods may be.
- The Customer agrees to store all goods that are the property of the Company in such a way that they are readily identifiable as such and to make a note in its accounting records that the goods are the property of the Company.
Within the UK, orders will be delivered carriage paid but the Customer will be charged for any special dispatch arrangements made at his own request. Any material held by the carrier at the Customer’s request will be the Customer’s responsibility.
Whilst the Company will make every endeavour to despatch and deliver goods to the Customer on the despatch and delivery dates quoted, the Company shall not be liable for any loss whether direct or consequential arising from any delay in despatch or delivery howsoever the same may have been caused. Goods are delivered at the store, labour to move goods inside the Customer’s responsibility.
In the event of non-delivery of Goods of which notice of consignment has been received by the Customer the Customer must within 14 days from the date of despatch shown on the invoice notify the Company in writing of such non-delivery and the Company shall not in any event be liable for any loss whether direct or consequential arising out of such non-delivery.
- Damage in Transit
Claims for damage must be report to the Company within 48 hours of delivery.
Life tile and Carpet Tiles are priced per box.
The Company cannot accept any claims for shrinkage unless it has been installed in accordance with the appropriate British Standard or for any flooring installed in an area subject to excessive moisture (e.g. Bathrooms, Kitchens, Laundry rooms, lavatory, etc) unless the appropriate product is used = please contact your sales representative if clarification is required. Products should be stored in an area to be fitted at least 24 hours prior within a minimum temperature of 18 degrees Celsius. All LVT should be fitted in accordance with our fitting & maintenance instructions. Cleaning kits must be recommended to protect the flooring.
- Inspection of orders by Customers, Claims and Returns
Subject to the following provisions of this condition, any goods which on receipt by the Customer are discovered to be faulty or through the Company’s error are the incorrect size, quality or colour, may be returned by the Customer for full credit within seven days of delivery PROVIDED ALWAYS that the product has not been cut and/or laid or installed by the Customer. The Company will in no event be liable for any labour or other changes in connection with the installation or removal of defective material or replacement goods.
No goods may be returned, and no complaint shall be made or receive consideration in respect of:
- a) Matching: Vinyl supplied at different times cannot be guaranteed to match for colour and pattern.
- b) Products sold as imperfect will not be considered the subject of any complaint.
- c) Where the product has suffered from improper care and maintenance.
The Company will not accept the return of any goods unless such return has received its prior written approval. Subject to the foregoing, goods which are returned for credit owing to an error on the part of the Customer (including arising from the duplication of the order as such) will be credited at 80% of the original price. Goods must be contained in their packaging and labelled with the appropriate documentation. If any goods are not in perfect condition (as to which the Company will be the sole judge) they will be credited at their scrap value.
The Company’s total liability to the Customer in respect of defective goods (whether rising pursuant to the Contract or to statue or Common law) will be limited to the replacement of the goods concerned or (at the Company’s option) the making of an allowance not exceeding the price paid for them or an allowance agreed between the Customer and the Company or the undertaking of any necessary repair and the Company will not in any event be liable for any labour or other charges in connection with the installation or removal of defective or replacement goods. All other liability of the Company to the Customer of whatever kind, and from whatsoever cause arising, is hereby excluded, save that nothing in these Conditions excludes or limits the Company’s liability for death or personal injury caused by negligence. The Company reserves the right to inspect all fitted complaints to establish fault.
- Force Majeure
The Company shall not be liable for the Customer in any manner or be deemed to be in breach of this Contract because any delay or any failure to perform any of the Company’s obligations under the Contract if the delay or failure was due to any cause beyond the Company’s reasonable control.
The Company reserve the right to alter or modify specifications without notice.
Where the Company manufacturers Goods to a design provided by the Customer (not being existing design of the Company)
- the Customer shall indemnify the Company against all damages, costs, claims, losses and expenses paid or incurred by the Company (including all sums paid by the Company (including all sums paid by the Company in settlement of any claim or action) in consequence of the infringement or alleged infringement of the patent, trade mark, registered design, copyright or other legal rights of a third party and
- for the purpose of Section 12 of the Sale of Goods Act 1979 the Company shall be bound to transfer only such title to the Goods it may have
The Customer shall indemnity the Company from and against any liability, loss, damage, injury, cost, expenses, claims and demands arising from any cause other than negligence or breach of contract by the Company.
No variation to these Terms and Conditions shall be effective unless made in writing and signed by a Director of the Company.