The term ‘we’, ‘us’, ‘our’ refers to the owner of the website: Commercial Carpet Tiles UK LTD whom is registered & operates from at 3 High Meadow, Abbeydale, Gloucester, Gloucestershire, United Kingdom, GL4 4DG. Commercial Carpet Tiles UK LTD is registered in England & Wales 11104198. The term ‘you’ refers to the user or viewer of our website.
- General Subject as below all contracts for the supply of goods by Commercial Carpet Tiles UK Ltd (the Company) will be subject to the following terms and conditions and in dealing with the Company the Buyer accepts that these terms and conditions shall apply to any Contracts between the parties in preference to the Buyer’s own terms and conditions (if any).
- Price the Company reserves the right to vary quoted prices
(a) To conform to its price for similar goods ruling at the date of despatch.
(b) To take account of changes in manufacturer’s costs or other costs between quotation and delivery.
- Delivery
(a) All goods are offered subject to being unsold on receipt of order.
(b) The company will not be liable for any loss, damage or expense of whatsoever nature and howsoever caused arising out of the failure of the company by non-delivery, late delivery or otherwise to fulfill any contract with the buyer unless such loss or damage or expense arises as a result of any neglect or omission by the company itself, its employees or agents.
(c) Without prejudice to the provisions of sub-paragraph (b) of this paragraph the company will not entertain any claim for non-delivery unless written notification is received by the company within 7 days of the receipt of invoice.
(d) In the event of the company accepting back goods incorrectly ordered, the company shall be free to make, and the buyer will pay a 30% restocking charge for all expenses incurred as a result of the company so doing.
(e) Time for delivery of goods shall not, unless otherwise expressly agreed in writing, be of the essence, and the buyer shall not be entitled to cancel the order for non-delivery unless he has given the company 21 days’ notice in writing of his intention to do so in the event of the goods not being delivered within that time.
(f) Under no circumstances whatsoever shall the company’s liability under any contract between the company and the buyer exceed the invoice price of the particular goods the subject of the claim except in so far as the Buyer has given notice in writing prior to the conclusion of such contract to the company of any factors indicating that such liability would exceed the invoice price.
(g) Time for delivery is given as accurately as possible but is not guaranteed. The customer shall have no right to damages or to cancel the order for failure for any cause to meet any delivery date or time stated.
(h) The customer is responsible in all cases for unloading the delivery and shall be responsible for all loss or of damage to the goods during the course of such unloading.
(i) Deliveries can only be made to business premises, not residential addresses, and are made to the kerb side. The buyer must provide assistance unloading the goods and please be aware that flooring goods are often bulky and can be very heavy. It is assumed that the delivery address will be accessible by a large lorry (40′-0″). It is the buyer’s responsibility to advise us of any restrictions, e.g. the road is subject to a vehicle weight or width limit; please inform us at the time of order.
- Risk in Property
(a) Risk of damage to or loss of the goods shall pass to the Buyer: – (i) In the case of goods to be delivered at the Company’s premises at the time when the Company notifies the Buyer that the goods are available for collection or (ii) In the case of goods to be delivered otherwise than at the Company’s premises at the time of delivery or, if the Buyer wrongfully fails to take delivery of the goods, the time when the Company has tendered delivery of the goods.
(b) Notwithstanding delivery and the passing of risk in the goods the property in the goods shall not pass to the Buyer until the Company has received in cash or cleared funds payment in full of the price of the goods.
(c) Until such time as the property in the goods passes to the Buyer, the Buyer shall hold the goods as the Company’s fiduciary agent and bailee, and shall keep the goods separate from those of the Buyer and third parties and property identified. Until that time, the Buyer shall be entitled to re-sell or use the goods in the ordinary course of its business, but shall account to the Company for the proceeds of sale or otherwise of the goods.
(d) Until such time as the property in goods passes to the Buyer (and provided the goods are still in existence and have not been resold) the Company shall be entitled at any time to require the Buyer to deliver up the goods to the Company and, if the Buyer fails to do so forthwith to enter upon any premises of the Buyer or any third party where the goods are stored and repossess the goods.
- Warranties and Claims
(a) The Company warrants that the goods will correspond with their specification at the time of delivery and will be free from defects in materials and workmanship.
(b) Save as aforesaid except where the goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977) all warranties, conditions or other terms implied statute or common law are excluded to the fullest extent permitted by law.
(c) Any claim by the Buyer based on any defect in the quality or condition of the goods or their failure to correspond with the specification shall be notified to the Company within 3 days from the date of delivery and supported with photographic evidence of such fault or (where the defect or failure was apparent on reasonable inspection) within a reasonable time after the discovery of the defect or failure.
(d) Where any valid claim in respect of any goods which is based on any defect in the quality or condition of the goods or their failure to meet the specification is notified to the Company in accordance with these conditions the Company shall be entitled to replace the goods free of charge or, at the Company’s sole discretion, refund the Buyer the price of the goods (or if a portion a part thereof) but the Company shall have no further liability to the Buyer.
(e) Claims in respect of defects or errors in quality, description or correspondence of bulk with sample reasonably discoverable on such an inspection including but without limitation, shade, weight, width, appearance, handle, or general performance shall be made within 3 days of delivery.
Returns:
(a) The company reserves the right to only accept returns on the basis of faulty goods,
(b) In the event the Company deems in necessary to return unfaulty goods the Company reserves the right to charge a 30% restocking fee, the cost of any return is to be arranged and the financial responsibility of the buyer.
(c) The Company cannot accept cancellation after the order has already been processed.
- Payment The terms of payment are as follows: –
(a) For buyers purchasing on a pro-forma basis – Net.
(c) In consideration of Commercial Carpet Tiles UK accepting instructions from any private limited company, limited liability partnership, or PLC, the directors or members signing acceptance on behalf of the company, limited liability partnership, or PLC, hereby guarantee (and if more than one jointly and severally) all sums due to Commercial Carpet Tiles UK payable by the company, limited liability partnership, or PLC, to the intent that the directors or members shall be jointly and severally liable with the company, limited liability partnership, or PLC to Commercial Carpet Tiles UK ltd.
(d) Payments can be made by VISA or Mastercard credit or debit cards, we reserve the right to levy a charge a 2.5% for card processing in the event that Commercial Carpet Tiles UK wish to do so and the customer is informed in advance.
In all cases VAT should be taken as Nett.
- Non-Payment All returned cheques will bear an administration fee of £20.
- Interpretation These conditions and any act or contract to which they apply shall be governed by English Law.