Terms and Conditions
1. Interpretation
The following definitions and rules of interpretation apply in these Conditions.
Acceptance Email: shall mean the email from the Supplier sent to the Customer confirming receipt and acceptance of the Order.
Accessories: means items such as, but not limited to, T sections, L sections, flat beads, scotia beads, reducers, ramps, nosings and or ferrules.
Additional Waste: To achieve some colours the timber is smoked and although this process is controlled the colour tones are dictated by a reaction with the natural tannins within the Oak. Please advise if you wish to order additional waste to be selective on site. To achieve a distressed appearance a tumbling process is performed. Damage to some corners, the surface and edges of the boards is part of the distressed appearance and adds to the character of an old looking floor. Please advise if you wish to order additional waste to be selective on site.
Business Day: a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.
Business Hours: the period from 9.00 am to 5.00 pm on any Business Day. Commencement Date: has the meaning given in clause 2.2.
Conditions: these terms and conditions as amended from time to time in accordance with clause 24.8.
Consumer Rights Legislation: shall mean:
- Consumer Rights Act 2015
- Sales of Goods Act 1979
- The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013
- Supply of Goods and Services 1982
Contract: the contract between the Supplier and the Customer for the supply of Goods and/or Services in accordance with these Conditions.
Control: has the meaning given in section 1124 of the Corporation Tax Act 2010, and the expression change of Control shall be interpreted accordingly.
Customer: the person or firm who purchases the Goods and/or Services from the Supplier.
Deliverables: the deliverables set out in the Order produced by the Supplier for the Customer.
Delivery Location: has the meaning given in clause 7.3.
Deposit: shall be 50% of the total of the Order for Services and Goods. Force Majeure Event: has the meaning given to it in clause 23.
Force Majeure Event: has the meaning given to it in clause 23.
Goods: the goods (or any part of them) set out in the Order, including any labour.
Goods Specification: any specification for the Goods, including any relevant plans or drawings, that is agreed in writing by the Customer and the Supplier.
Inspection: Inspection of the Goods for any visible defects and or damage upon delivery at the Delivery Location by the Customer.
Installation: shall mean the installation of any of the Goods at the Customers nominated premises in accordance with Schedule 2.
Intellectual Property Rights: patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Invoice: shall mean the invoice submitted by the Supplier to the Customer which becomes due and payable within the timeframe stated thereon.
Large Order: shall mean an order of £1000 in value, or over 1 meter in length/width in product size.
Manufacturer Instructions: shall mean any instructions for the storage, installation, commission, use, maintenance or such like from time to time for the Goods given to the Customer by the Supplier at the point of delivery.
Order: the Customer’s order for the supply of Goods and/or Services, as set out in the Customer’s purchase order form and Acceptance Email from the Supplier.
Payment Methods: include but are not limited to debit card, credit card, Visa ©, cash or cheque or BACS payment (charges may apply) of which may vary from time to time.
Premium Delivery: shall mean delivery of Goods is made available to Premium Postcodes at a day and time suitable to the Customer in accordance with clause 7.4.
Premium Postcodes: CB1, CB2, CB3, CB4, CB5, CB6, CB7, CB8, CB9, CB10, CB11, CB21, CB22, CB23, CB24 and CB25.
Product Warranty: shall mean the warranty for Goods as set out in Schedule 3.
Proof of Delivery Form: the form provided to the Customer by the Supplier upon delivery which requires signature from the Customer having completed the Inspection of the Goods, and shall be returned to the Supplier prior to the Supplier leaving the Delivery Location.
Samples: shall mean any sample of the Goods and or Accessories which are shown at the Supplier’s Showroom, catalogue and or brochures for which are available for Customers to view in person.
Services: the services, including the Deliverables, supplied by the Supplier to the Customer as set out in the Service Specification.
Service Specification: the description or specification for the Services provided in writing by the Supplier to the Customer.
Services Warranty: shall mean the warranty for Services as set out in Schedule 4. Supplier: Art of Flooring Limited, registered in England and Wales with company number 13298035.
Supplier Materials: has the meaning given in clause 14.1.8.
Supplier’s Showroom: shall mean 141 Milton Road, Cambridge, CB4 1XE
Supplier’s Warehouse: shall mean Unit 5, Denny Lodge Business Park, Via School Lane, Chittering, Cambridge, CB25 9PH.
UK GDPR: has the meaning given to it in section 3(10) (as supplemented by section 205(4)) of the Data Protection Act 2018.
Warranty Period: has the meaning given in clause 9.1.
(b) Interpretation:
(i) A person includes a natural person, a corporate or unincorporated body (whether or not having separate legal personality).
(ii) A reference to a party includes its personal representatives, successors and permitted assigns
(iii) A reference to legislation or legislative provision is a reference to it as amended or re-enacted. A reference to legislation or a legislative provision includes all subordinate legislation made under that legislation or legislative provision.
(iv) Any words following the terms including, include, in particular, for example, or any similar expression shall be interpreted as illustrative and shall not limit the sense of the words preceding those terms.
(v) A reference to writing or written excludes fax and email.
Website: https://artofflooring.co.uk
2. Basis of Contract
2.1 The Order constitutes an offer by the Customer to purchase Goods or Services or Goods and Services in accordance with these Conditions.
2.2 The Order shall only be deemed to be accepted when the Supplier issues written acceptance, which shall be sent in the form of the Acceptance Email, of the Order at which point and on which date the Contract shall come into existence (Commencement Date).
2.3 Any samples, drawings, descriptive matter or advertising issued by the Supplier and any descriptions of the Goods or illustrations or descriptions of the Services contained in the Supplier’s catalogues, brochures or Website are issued or published for the sole purpose of giving an approximate idea of the Services and/or Goods described in them. They shall not form part of the Contract nor have any contractual force.
2.4 The Supplier shall endeavour to ensure that all Goods are as detailed and shown as far as reasonably practicable to their state in any catalogues, brochures or the Website, but this cannot always be guaranteed. This applies also to Accessories required.
2.5 These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
2.6 Any quotation given by the Supplier shall not constitute an offer, and is only valid for a period of 20 Business Days from its date of issue.
2.7 All of these Conditions shall apply to the supply of both Goods and Services except where application to one or the other is specified.
2.8 The Customer waives any right it might otherwise have to rely on any term endorsed upon, delivered with or contained in any documents of the Customer that is inconsistent with these Conditions.
3. Rights to Cancel or Amend an Order
3.1 An Order may be changed or amended at any time within 14 days of placing an Order with the Supplier. Any requests to change an Order must be made in writing to the Supplier, and only once a further Acceptance Email is received from the Supplier to the Customer shall the change be accepted.
3.2 Without effecting the Customers consumer rights contained with the Consumer Rights Legislation, the Supplier reserves the right to reject any requests to cancel an Order and provide reasonable justification to the Customer for this rejection.
3.3 Requests to change Bespoke Orders shall be dealt with in accordance with clause 4.
4. Bespoke Orders
4.1 The rights contained within the Consumer Rights Legislation regarding Bespoke Goods shall apply to these Terms throughout.
4.2 If Bespoke Orders are faulty, or defective then they shall be dealt with in accordance with clause 9.
5. Goods
5.1 The Goods are described in the Goods Specification.
5.2 The Customer shall indemnify the Supplier against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by the Supplier arising out of or in connection with any claim made against the Supplier for actual or alleged infringement of a third party’s intellectual property rights arising out of or in connection with the Supplier’s use of the Goods Specification. This clause 5.2 shall survive termination of the Contract.
5.3 The Supplier reserves the right to amend the Goods Specification if required by any applicable statutory or regulatory requirement, and the Supplier shall notify the Customer in any such event.
6. Samples
6.1 Samples of Goods are provided for guidance purposes only and in no way constitute as sale by sample, including but not limited to those facts contained in clause 9.1.2.
6.2 Samples may differ from one Sample to the next, and no two Samples shall be considered identical due to the nature of the Goods.
6.3 Colouring, shades, textures or such like of the Goods on the Website or any brochure or catalogue of the Supplier are for illustrative purposes only, and may differ from the Goods themselves. The Supplier shall accept no liability for such reasonable variations.
6.4 Details of any particular variations of the Goods are set out in Schedule 1.
7. Delivery of Goods
7.1 Delivery of Goods is either by way of Standard Delivery of Premium Delivery. The below terms within this clause 7 apply to both Standard Delivery and Premium Delivery, and any such additional clauses shall be referenced accordingly.
7.2 The Supplier shall ensure that:
7.2.1 each delivery of the Goods is accompanied by a delivery note which shows the date of the Order, all relevant Customer and Supplier reference numbers, the type and quantity of the Goods (including the code number of the Goods, where applicable), special storage instructions (if any) and, if the Order is being delivered by instalments, the outstanding balance of Goods remaining to be delivered; and
7.2.2 it states clearly on the delivery note any requirement for the Customer to return any packaging material to the Supplier (if applicable). The Customer shall make any such packaging materials available for collection at such times as the Supplier shall reasonably request. Returns of packaging materials shall be at the Supplier’s expense.
7.3 Standard Deliveries are between seven to ten Business Days (subject to Delivery Location and courier availability), and are expected between 8:00am and 18:00pm, Monday to Friday.
7.4 Premium Delivery is available to the Premium Postcodes only at a cost of £50.00 (inc VAT) or free of charge for Orders over £500.00.
7.5 The Supplier shall:
7.5.1 Deliver the Goods to the location set out in the Order or such other location as the parties may agree (Delivery Location) at any time after the Supplier notifies the Customer that the Goods are ready;
7.5.2 the customer shall collect the Goods from the Supplier’s premises at the Supplier’s Warehouse or such other location as may be agreed with the Customer before delivery (Delivery Location) within five Business Days of the Supplier notifying the Customer that the Goods are ready. Photographic ID shall be required before any Goods are released upon collection.
7.6 Delivery of the Goods shall be completed on the completion of unloading (or loading as the case may be) of the Goods at the Delivery Location.
7.7 Any dates quoted for delivery of the Goods are approximate only, and the time of delivery is not of the essence. The Supplier shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or the Customer’s failure to provide the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
7.8 If the Supplier fails to deliver the Goods, its liability shall be limited to the costs and expenses incurred by the Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. The Supplier shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event or the Customer’s failure to provide the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
7.9 If the Order is a Large Order, then the Supplier shall contact the Customer directly within 10 Business Days of the estimated delivery to discuss access requirements.
7.10 All deliveries of Large Orders shall be made kerbside, to the nearest access point of the Delivery Location. The Customer is responsible to arranging adequate workforce to assist with the unloading of the Goods (excluding Premium Deliveries).
7.11 If the Supplier’s courier is unable to deliver a Large Order of Goods, and the Customer has failed to provide reasonable access to the Delivery Location, or a workforce to unload the Goods, and re-delivery is forced to be arranged, the Customer shall be liable to pay a reasonable re-delivery charge of which shall be advised to the Customer at the time.
7.12 If the Customer fails to take or accept delivery of the Goods in accordance with clause 7.11 or within five Business Days of the Supplier notifying the Customer that the Goods are ready, then except where such failure or delay is caused by a Force Majeure Event or by the Supplier’s failure to comply with its obligations under the Contract in respect of the Goods:
7.12.1 delivery of the Goods shall be deemed to have been completed at 9.00 am on the third Business Day following the day on which the Supplier notified the Customer that the Goods were ready; and
7.12.2 the Supplier shall store the Goods until actual delivery takes place and charge the Customer for all related costs and expenses (including insurance).
7.13 If ten Business Days after the day on which the Supplier notified the Customer that the Goods were ready for delivery the Customer has not taken or accepted actual delivery of them, or delivery has not been made possible in accordance with clause 7.11, the Supplier may resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, account to the Customer for any excess over the price of the Goods or charge the Customer for any shortfall below the price of the Goods.
7.14 If the Supplier delivers up to and including 5% more or less than the quantity of Goods ordered the Customer may not reject them, but on receipt of notice from the Customer that the wrong quantity of Goods was delivered, the Supplier shall make a pro rata adjustment to the invoice for the Goods.
7.15 The Supplier may deliver the Goods by instalments, which shall be invoiced and paid for separately. Each instalment shall constitute a separate contract. Any delay in delivery or defect in an instalment shall not entitle the Customer to cancel any other instalment.
8. Inspection of Goods Upon Delivery
8.1 Upon delivery, the Customer shall inspect the Goods to ensure there are no faults, defects or errors on quantities or Goods Specifications.
8.2 The Customer shall sign the Proof of Delivery Form upon delivery, which shall either confirm successful delivery (“Clear”) or report any findings upon inspection (“Faulty”).
8.3 Any reports of faults, defects or errors (excluding those covered in clause 9.1) given by the Customer to the Supplier after signing a Clear Proof of Delivery Form, shall be null and void.
9. Quality of Goods
9.1 The Supplier warrants that on delivery, and for a period of 12 months from the date of delivery (Warranty Period), the Goods shall:
9.1.1 conform in all material respects with the Goods Specification;
9.1.2 be free from material defects in design, material and workmanship but does not include any defect which would not be apparent on reasonable examination of a Sample or the Goods upon delivery or Installation; and
9.1.3 be of satisfactory quality (within the meaning of the Sale of Goods Act 1979) and;
9.1.4 be fit for any purpose held out by the Supplier.
9.2 Subject to clause 9.3, if:
9.2.1 The Customer gives notice in writing to the Supplier during the Warranty Period within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 9.1;
9.2.2 the Supplier is given a reasonable opportunity of examining such Goods; and
9.2.3 the Customer (if asked to do so by the Supplier) returns such Goods to the Supplier’s place of business at the Customer’s cost,
the Supplier shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in full.
9.3 The Supplier shall not be liable for the Goods’ failure to comply with the warranty set out in clause 9.1 if:
9.3.1 the defect would have been reasonably apparent on inspection of the Goods at the point of delivery or at the point of Installation;
9.3.2 the Customer makes any further use of such Goods after giving a notice in accordance with clause 9.2;
9.3.3 the defect arises because the Customer failed to follow the Supplier’s oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice regarding the same;
9.3.4 the defect arises because the Customer has failed to follow any Manufacturer Instructions which has been conveyed to the Customer at the point of delivery;
9.3.5 the defect arises as a result of the Supplier following any drawing, design or specification supplied by the Customer;
9.3.6 the Customer alters or repairs such Goods without the written consent of the Supplier;
9.3.7 the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions; or
9.3.8 the Goods differ from the Goods Specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
9.4 Except as provided in this clause 8, the Supplier shall have no liability to the Customer in respect of the Goods’ failure to comply with the warranty set out in clause 9.1.
9.5 These Conditions shall apply to any repaired or replacement Goods supplied by the Supplier.
10. Return and Refund of Goods
10.1 Subject to clause 9.3, if the Customer wishes to return Goods, a request must be made in writing to the Supplier within 14 Business Days from delivery.
10.2 Costs of return are solely the responsibility of the Customer. Any returns which are to be submitted are to be received by the Supplier at the Supplier’s Warehouse within 30 days from the Goods being delivered to the Delivery Location.
10.3 All Goods are to be returned in their original, full packaging and in a resaleable condition.
10.4 Once the Goods have been received at the Supplier’s Showroom, the Supplier shall inspect the Goods as to their condition, and their suitability for resale. If the condition of the Goods is satisfactory, the Supplier shall inform the Customer of the same in writing within Business Days 14 days of receipt of the Goods at the Supplier’s Showroom via email (“Refund Confirmation”).
10.5 A refund for the Goods shall be processed by the Supplier within 14 days of receipt of the Refund Confirmation date in full to the Customer to the bank account of which the Order was processed.
10.6 In conjunction with clause 4, no refunds or return of Bespoke Goods shall be processed unless in accordance with clause 9.
11. Importation Levies
11.1 If the Goods subject to any Order are to be sourced from outside of the United Kingdom, then the Order may be subject to varying taxes, levies and duties upon importation (“Levies”).
11.2 The Supplier shall set out in the Invoice at the point of sending the Acceptance Email, the extent of such Levies of which the Customer shall be responsible for.
12. Title and Risk
12.1 The risk in the Goods shall pass to the Customer on completion of delivery.
12.2 Title to the Goods shall not pass to the Customer until the Supplier receives payment in full (in cash or cleared funds) for the Goods and any other goods that the Supplier has supplied to the Customer in respect of which payment has become due, in which case title to the Goods shall pass at the time of payment of all such sums.
12.3 Until title to the Goods has passed to the Customer, the Customer shall:
12.3.1 store the Goods separately from all other goods held by the Customer so that they remain readily identifiable as the Supplier’s property;
12.3.2 not remove, deface or obscure any identifying mark or packaging on or relating to the Goods;
12.3.3 maintain the Goods in satisfactory condition and keep them insured against all risks for their full price on the Supplier’s behalf from the date of delivery;
12.3.4 notify the Supplier immediately if it becomes subject to any of the events listed in clause 21.2.2 to clause 21.2.4; and
12.3.5 Give the Supplier such information as the Supplier may reasonably require from time to time relating to:
(a) the Goods; and
(b) the ongoing financial position of the Customer.
13. Supply of Services
13.1 The Supplier shall supply the Services to the Customer in accordance with the Service Specification in all material respects and in conjunction with the Supply of Goods.
13.2 The Services shall be supplied considering and in accordance with Schedule 2.
13.3 The Supplier shall use all reasonable endeavours to meet any performance dates for the Services specified in the Acceptance Email, but any such dates shall be estimates only and time shall not be of the essence for the performance of the Services.
13.4 The Supplier reserves the right to amend the Service Specification if necessary to comply with any applicable law or regulatory requirement, or if the amendment will not materially affect the nature or quality of the Services, and the Supplier shall notify the Customer in any such event.
13.5 The Supplier warrants to the Customer that the Services will be provided using reasonable care and skill.
14. Customer's Obligations
14.1 The Customer shall:
14.1.1 ensure that the terms of the Order, Acceptance Email, and any information it provides in the Service Specification and the Goods Specification are complete and accurate;
14.1.2 co-operate with the Supplier in all matters relating to the Services;
14.1.3 provide the Supplier, its employees, agents, consultants and subcontractors, with access to the Customer’s premises, office accommodation and other facilities as reasonably required by the Supplier to provide the Services;
14.1.4 provide the Supplier with such information and materials as the Supplier may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects;
14.1.5 prepare the Customer’s premises for the supply of the Services;
14.1.6 obtain and maintain all necessary licences, permissions and consents which may be required for the Services before the date on which the Services are to start;
14.1.7 comply with all applicable laws, including health and safety laws;
14.1.8 keep all materials, equipment, documents and other property of the Supplier (Supplier Materials) at the Customer’s premises in safe custody at its own risk, maintain the Supplier Materials in good condition until returned to the Supplier, and not dispose of or use the Supplier Materials other than in accordance with the Supplier’s written instructions or authorisation; and
14.1.9 comply with any additional obligations as set out in the Service Specification [and the Goods Specification.
14.2 If the Supplier’s performance of any of its obligations under the Contract is prevented or delayed by any act or omission by the Customer or failure by the Customer to perform any relevant obligation (Customer Default):
14.2.1 without limiting or affecting any other right or remedy available to it, the Supplier shall have the right to suspend performance of the Services until the Customer remedies the Customer Default, and to rely on the Customer Default to relieve it from the performance of any of its obligations in each case to the extent the Customer Default prevents or delays the Supplier’s performance of any of its obligations;
14.2.2 the Supplier shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from the Supplier’s failure or delay to perform any of its obligations as set out in this clause 14.2; and
14.2.3 the Customer shall reimburse the Supplier on written demand for any costs or losses sustained or incurred by the Supplier arising directly or indirectly from the Customer Default.
15. Cancellation of Services
15.1 If for any reason the Customer is required to re-schedule the Services, or indeed cancel then altogether, the Customer shall inform the Supplier of any desired change to the supply of Services within 14 Business Days of the scheduled Service date stipulated in the Services Specification.
15.2 If the Supplier is unable to perform the Services due to there not being adequate access to the Delivery Location and re-schedule of the Services is forced to be arranged, the Customer shall be liable to pay a re-schedule charge which shall be calculated on the day of the arranged Services, to include full labour costs, travel and expenses (Re-Schedule Charge). The Customer shall be informed of the total of the charge within 24 hours of the Services having been re-scheduled.
15.3 If notification of such re-schedule is received after the period within clause 15.1, then there shall be a 10% chargeable fee due and payable by the Customer which shall be added to the Invoice (Re-Schedule Fee). The Supplier reserves the right in its sole discretion to waiver the Re-Schedule Fee on a case-by-case basis.
15.4 If Services are cancelled entirely, and notification is received after the timeframe set out in clause 15.1, the Customer shall forfeit any Deposit already paid.
16. Charges and Payment
16.1 The price for Goods only:
16.1.1 shall be the price set out in the Order or, if no price is quoted, the price set out in the Supplier’s published price list as at the date of the Order (exclusive of VAT); and
16.1.2 shall be exclusive of all costs and charges of packaging, insurance, transport of the Goods, which shall be invoiced to the Customer (exclusive of VAT).
16.2 In accordance with clause 16.7, the price for materials, labour and or delivery may vary from time to time, and the Supplier reserves the right to amend any Orders which have yet to be fulfilled in order to account for such variations but shall not apply to any Orders which have already received a confirmation of delivery.
16.3 Payment for Goods only is due in full within 10 Business Days upon receipt of the Invoice contained within the Acceptance Email. No Orders for Goods shall be processed until full payment is received.
16.4 Payments can be made via any of the Payment Methods.
16.5 If the Supplier receives any acceptable amendments to an Order after payment has been received, then any reasonable additional charges shall be applicable and due from the Customer immediately upon acceptance of such changes,
16.6 The charges for Services and Goods:
16.6.1 Payment for Services and Goods is due within 10 Business Days upon receipt of the Invoice contained within the Acceptance Email. The Deposit is payable at this point and no Orders for Services and Goods shall be processed until such Deposit is paid.
16.6.2 Payments can be made via any of the Payment Methods.
16.6.3 the Supplier shall be entitled to charge the Customer for any expenses reasonably incurred by the individuals whom the Supplier engages in connection with the Services including travelling expenses, hotel costs, subsistence and any associated expenses, and for the cost of services provided by third parties and required by the Supplier for the performance of the Services, and for the cost of any materials.
16.7 The Supplier reserves the right to:
16.7.1 increase the price of the Services and or Goods, by giving notice to the Customer at any time before delivery, to reflect any increase in the cost of the Goods to the Supplier that is due to:
(a) any factor beyond the control of the Supplier (including foreign exchange fluctuations, increases in taxes and duties, and increases in labour, materials and other manufacturing costs);
(b) any request by the Customer to change the delivery date(s), quantities or types of Goods ordered, or the Goods Specification in accordance with clause 3; or
(c) any delay caused by any instructions of the Customer in respect of the Goods or failure of the Customer to give the Supplier adequate or accurate information or instructions in respect of the Goods.
16.8 The Customer shall pay each invoice submitted by the Supplier in full and in cleared funds to a bank account nominated in writing by the Supplier and time for payment shall be of the essence of the Contract.
16.9 All amounts payable by the Customer under the Contract are exclusive of amounts in respect of value added tax chargeable from time to time (VAT). Where any taxable supply for VAT purposes is made under the Contract by the Supplier to the Customer, the Customer shall, on receipt of a valid VAT invoice from the Supplier, pay to the Supplier such additional amounts in respect of VAT as are chargeable on the supply of the Services or Goods at the same time as payment is due for the supply of the Services or Goods.
16.10 If the Customer fails to make a payment due to the Supplier under the Contract by the due date, then, without limiting the Supplier’s remedies under clause 21, the Customer shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause 16.10 will accrue each day at 4% a year above the Bank of England’s base rate from time to time, but at 4% a year for any period when that base rate is below 0%.
16.11 All amounts due under the Contract shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
16.12 Any Orders made for Services and Goods shall be automatically upgraded to Premium Delivery, regardless of the Customers Delivery Location.
17. Intellectual Property Rights
17.1 All Intellectual Property Rights in or arising out of or in connection with the Services (other than Intellectual Property Rights in any materials provided by the Customer) shall be owned by the Supplier.
17.2 The Customer grants the Supplier a fully paid-up, non-exclusive, royalty-free non- transferable licence to copy and modify any materials provided by the Customer to the Supplier for the term of the Contract for the purpose of providing the Services to the Customer.
18. Data Protection
18.1 The following definitions apply in this clause 18:
18.1.1 Controller, Processor, Data Subject, Personal Data, Personal Data Breach, processing and appropriate technical and organisational measures: as defined in the Data Protection Legislation.
18.1.2 Data Protection Legislation: all applicable data protection and privacy legislation in force from time to time in the UK including the UK GDPR, the Data Protection Act 2018 (and regulations made thereunder) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) and the guidance and codes of practice issued by the Information Commissioner or other relevant regulatory authority and applicable to a party.
18.1.3 Domestic Law: the law of the United Kingdom or a part of the United Kingdom.
18.2 Both parties will comply with all applicable requirements of the Data Protection Legislation. This clause 18 is in addition to, and does not relieve, remove or replace, a party’s obligations or rights under the Data Protection Legislation.
18.3 The parties acknowledge that for the purposes of the Data Protection Legislation, the Customer is the Controller and the Supplier is the Processor.
18.4 Without prejudice to the generality of clause 18.2, the Customer will ensure that it has all necessary appropriate consents and notices in place to enable lawful transfer of the Personal Data to the Supplier and/or lawful collection of the Personal Data by the Supplier on behalf of the Customer for the duration and purposes of the Contract.
18.5 Without prejudice to the generality of clause 18.2, the Supplier shall, in relation to any Personal Data processed in connection with the performance by the Supplier of its obligations under the Contract:
18.5.1 process that Personal Data only on the documented written instructions of the Customer unless the Supplier is required by Domestic Law to otherwise process that Personal Data. Where the Supplier is relying on Domestic Law as the basis for processing Personal Data, the Supplier shall promptly notify the Customer of this before performing the processing required by the Domestic Law unless the Domestic Law prohibits the Supplier from so notifying the Customer;
18.5.2 ensure that it has in place appropriate technical and organisational measures, reviewed and approved by the Customer, to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting Personal Data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to Personal Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it);
18.5.3 ensure that all personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential; and
18.5.4 not transfer any Personal Data outside of the UK unless the prior written consent of the Customer has been obtained and the following conditions are fulfilled:
(a) the Customer or the Supplier has provided appropriate safeguards in relation to the transfer;
(b) the Data Subject has enforceable rights and effective legal remedies;
(c) the Supplier complies with its obligations under the Data Protection Legislation by providing an adequate level of protection to any Personal Data that is transferred; and
(d) the Supplier complies with reasonable instructions notified to it in advance by the Customer with respect to the processing of the Personal Data;
18.5.5 assist the Customer, at the Customer’s cost, in responding to any request from a Data Subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
18.5.6 notify the Customer without undue delay on becoming aware of a Personal Data Breach;
18.5.7 at the written direction of the Customer, delete or return Personal Data and copies thereof to the Customer on termination of the Contract unless required by Domestic Law to store the Personal Data; and
18.5.8 maintain complete and accurate records and information to demonstrate its compliance with this clause 18.
18.6 Either party may, at any time on not less than 30 days’ notice, revise this clause 18 by replacing it with any applicable controller to processor standard clauses or similar terms adopted by the Information Commissioner or forming part of an applicable certification scheme (which shall apply when replaced by attachment to the Contract).
19. Confidentiality
19.1 Each party undertakes that it shall not at any time, and for a period of two years after termination or expiry of the Contract, disclose to any person any confidential information concerning the business, assets, affairs, customers, clients or suppliers of the other party or of any member of the group of companies to which the other party belongs, except as permitted by clause 19.2.
19.2 Each party may disclose the other party’s confidential information:
19.2.1 to its employees, officers, representatives, contractors or subcontracts or advisers who need to know such information for the purposes of exercising the party’s rights or carrying out its obligations under or in connection with the Contract. Each party shall ensure that its employees, officers, representatives or advisers to whom it discloses the other party’s confidential information comply with this clause 19; and
19.2.2 as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
19.3 No party shall use any other party’s confidential information for any purpose other than to exercise its rights and perform its obligations under or in connection with the Contract.
20. Limitation Of Liability: The Customer's Attention Is Particularly Drawn To This Clause.
20.1 The Supplier has obtained insurance cover in respect of its own legal liability for individual claims not exceeding £10,000,000 per claim. The limits and exclusions in this clause reflect the insurance cover the Supplier has been able to arrange and the Customer is responsible for making its own arrangements for the insurance of any excess loss.
20.2 The restrictions on liability in this clause 20 apply to every liability arising under or in connection with the Contract including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
20.3 Neither party may benefit from the limitations and exclusions set out in this clause in respect of any liability arising from its deliberate default.
20.4.1 death or personal injury caused by negligence;
20.4.2 fraud or fraudulent misrepresentation;
20.4.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); and
20.4.4 Defective Products under the Consumer Protection Act 1987.
20.4 Nothing in the Contract limits any liability which cannot legally be limited, including liability for:
20.5 Subject to clause 20.4, the Supplier’s total liability to the Customer in respect of all breaches of duty occurring within any contract year shall not exceed the cap.
20.6 In clause 20.5:
20.6.1 cap. The cap is limited to the total of the purchase price;
20.6.2 contract year. A contract year means a 12-month period commencing with the Commencement Date or any anniversary of it; and
20.6.3 total charges. The total charges means all sums paid by the Customer and all sums payable under the Contract in respect of goods and services actually supplied by the Supplier, whether or not invoiced to the Customer.
20.7 This clause 20.7 sets out specific heads of excluded loss:
20.7.1 Subject to [clause 20.3 and] clause 20.4 Subject to clause 20.7.2 excludes specified types of loss.
20.7.2 The following types of loss are wholly excluded:
(a) loss of profits;
(b) loss of sales or business;
(c) loss of agreements or contracts;
(d) loss of anticipated savings;
(e) loss of use or corruption of software, data or information;
(f) loss of or damage to goodwill; and
(g) indirect or consequential loss.
20.8 The Supplier has given commitments as to compliance of the Goods and Services with relevant specifications in clause 8 and clause 13. In view of these commitments, the terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.
20.9 This clause 20 shall survive termination of the Contract.
21. Termination
21.1 Without affecting any other right or remedy available to it, either party may terminate the Contract by giving the other party not less than 28 days written notice.
21.2 Without affecting any other right or remedy available to it, either party may terminate the Contract with immediate effect by giving written notice to the other party if:
21.2.1 the other party commits a material breach of its obligations under the Contract and (if such breach is remediable) fails to remedy that breach within 30 days after receipt of notice in writing to do so;
21.2.2 the other party takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), obtaining a moratorium, being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;
21.2.3 the other party suspends, or threatens to suspend, or ceases or threatens to cease to carry on all or a substantial part of its business; or
21.2.4 the other party’s financial position deteriorates so far as to reasonably justify the opinion that its ability to give effect to the terms of the Contract is in jeopardy.
21.3 Without affecting any other right or remedy available to it, the Supplier may terminate the Contract with immediate effect by giving written notice to the Customer if:
21.3.1 the Customer fails to pay any amount due under the Contract on the due date for payment; or
21.3.2 there is a change of Control of the Customer.
21.4 Without affecting any other right or remedy available to it, the Supplier may suspend the supply of Services or all further deliveries of Goods under the Contract or any other contract between the Customer and the Supplier if the Customer fails to pay any amount due under the Contract on the due date for payment, the Customer becomes subject to any of the events listed in clause 21.2.2 to clause 21.2.4, or the Supplier reasonably believes that the Customer is about to become subject to any of them.
22. Consequences of Termination
22.1 On termination of the Contract:
22.1.1 the Customer shall immediately pay to the Supplier all of the Supplier’s outstanding unpaid invoices and interest and, in respect of Services and Goods supplied but for which no invoice has been submitted, the Supplier shall submit an invoice, which shall be payable by the Customer immediately on receipt;
22.1.2 the Customer shall return all of the Supplier Materials and any Deliverables or Goods which have not been fully paid for. If the Customer fails to do so, then the Supplier may enter the Customer’s premises and take possession of them. Until they have been returned, the Customer shall be solely responsible for their safe keeping and will not use them for any purpose not connected with this Contract.
22.2 Termination or expiry of the Contract shall not affect any rights, remedies, obligations and liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry.
22.3 Any provision of the Contract that expressly or by implication is intended to have effect after termination or expiry shall continue in full force and effect.
23. Force Majeure
23.1 Neither party shall be in breach of the Contract or otherwise liable for any failure or delay in the performance of its obligations if such delay or failure results from events, circumstances or causes beyond its reasonable control (a Force Majeure Event). This includes but is not limited to:
23.1.1 acts of God, flood, storm, drought, earthquake or other natural disaster;
23.1.2 epidemic or pandemic, whether viral, infectious, bacterial or otherwise;
23.1.3 terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations;
23.1.4 nuclear, chemical or biological contamination or sonic boom;
23.1.5 any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition, or failing to grant a necessary licence or consent;
23.1.6 collapse of buildings, breakdown of plant or machinery, fire, explosion or accident;
23.1.7 any labour or trade dispute, difficulty or increased expense in obtaining workers, materials or transport, strikes, industrial action or lockouts;
23.1.8 non-performance by suppliers or subcontractors; and
23.1.9 interruption or failure of utility service.
23.2 Provided it has complied with clause 23.3, if a party is prevented, hindered or delayed in or from performing any of its obligations under this agreement by a Force Majeure Event (Affected Party), the Affected Party shall not be in breach of this agreement or otherwise liable for any such failure or delay in the performance of such obligations. The time for performance of such obligations shall be extended accordingly.
23.3 The Affected Party shall:
23.3.1 as soon as reasonably practicable after the start of the Force Majeure Event but no later than 7 days from its start, notify the other party in writing of the Force Majeure Event, the date on which it started, its likely or potential duration, and the effect of the Force Majeure Event on its ability to perform any of its obligations under the agreement; and
23.3.2 use all reasonable endeavours to mitigate the effect of the Force Majeure Event on the performance of its obligations
23.4 If the Force Majeure Event prevents, hinders or delays the Affected Party’s performance of its obligations for a continuous period of more than 3 months, the party not affected by the Force Majeure Event may terminate this agreement by giving 14 days written notice to the Affected Party.
24. General
24.1 Assignment and other dealings
24.1.1 The Supplier may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights and obligations under the Contract.
24.1.2 The Customer shall not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of its rights and obligations under the Contract without the prior written consent of the Supplier.
24.2 Notices.
24.2.1 Any notice given to a party under or in connection with the Contract shall be in writing and shall be:
(a) delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case); or
(b) sent by email to the email addresses contained within the Acceptance Email.
24.2.2 Any notice shall be deemed to have been received:
(a) if delivered by hand, at the time the notice is left at the proper address;
(b) if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; or
(c) if sent by email, at the time of transmission, or, if this time falls outside Business Hours in the place of receipt, when Business Hours resume.
24.2.3 This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
24.3 Severance. If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of the Contract. If any provision or part provision of the Contract is deemed deleted under this clause 24.3 the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the commercial result of the original provision.
24.4 Waiver.
24.4.1 A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy.
24.4.2 A delay or failure to exercise, or the single or partial exercise of, any right or remedy shall not waive that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.
24.5 No partnership or agency. Nothing in the Contract is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, constitute either party the agent of the other, or authorise either party to make or enter into any commitments for or on behalf of the other party.
24.6 Entire agreement.
24.6.1 The Contract constitutes the entire agreement between the parties.
24.6.2 Each party acknowledges that in entering into the Contract it does not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Contract.
24.7 Third party rights.
24.7.1 Unless it expressly states otherwise, the Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.
24.7.2 The rights of the parties to rescind or vary the Contract are not subject to the consent of any other person.
24.8 Variation. Except as set out in these Conditions, no variation of the Contract shall be effective unless it is agreed in writing and signed by the parties (or their authorised representatives).
24.9 Governing law. The Contract and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
24.10 Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.
Schedule 1
Variation of Goods
1. Wood Flooring
1.1 Colour variations are a natural occurrence due to species, age, character and exposure to UV light or sunlight. For these reasons, new and/or replacement Goods may not match display samples and/or existing Goods.
1.2 Natural occurring characteristics such as variations in grain, colour, knots, mineral streaks, and sap wood are not considered defects.
1.3 The ultraviolet rays that burn and age skin will affect any organic material, including wood. Prolonged exposure to sunlight will change the colour of virtually any wood floor, regardless of the stain or finish. Some woods lighten when exposed to sunlight. Others, like cherry and oak, tend to darken. This is not a product defect.
1.4 To achieve some colours the timber is smoked and although this process is controlled the colour tones are dictated by a reaction with the natural tannins within the Oak. Please advise if you wish to order Additional Waste to be selective on site.
1.5 To achieve a distressed appearance a tumbling process is performed. Damage to some corners, the surface and edges of the boards is part of the distressed appearance and adds to the character of an old looking floor. Please advise if you wish to order Additional Waste to be selective on site.
1.6 Accessories required to finish the Goods will always be produced with the intention to compliment the selected Goods as close as possible, however due to the natural products and variation of finishes the Accessories may not perfectly match the floor. This is not a product defect.
1.7 Wood flooring, being a natural hygroscopic product will expand and contract through heating and non-heating seasons.
During these seasons you may experience some separation between the boards. This is not a product defect and is not covered by our Warranty. Correct job site pre-inspection, installation and maintenance procedures must be followed. Failure caused by excessive expansion of the flooring, excessive subfloor moisture and / or water damage, including but not limited to broken water pipes or flooding, are not covered under the Warranty.
2. Luxury Vinyl Tiles, Luxury Vinyl Flooring
2.1 There may be variations in colour, shade, pattern, texture or other characteristics between Samples and the final Goods due to the product being manufactured in baths. It is therefore not guaranteed that the Sample will be from the same batch as the Goods you order and receive.
3. Carpet, Carpet Runners and Rugs
3.1 Colour variation may occur between Goods that are supplied from different batches, different width rolls or manufactured using different looms. The Supplier will always endeavour to supply Goods for multiple room sets from the same batch, roll and width of carpet. However, there may be occasions when this is not possible and therefore shade variations will occur.
3.2 Shortly after Installation, the Goods will go through a process called “First Fade”. This usually occurs quickly after Installation and is a reaction to UV lights projected though windows and doors. Goods will fade in exposed areas and will show variance in colour to other areas of the room. This is NOT a fault with the product, this is a natural characteristic of the Goods.
3.3 The Goods can also occasionally be subject to discoloured patches appearing in the pile areas. This is when areas of the pile of pulled in the opposite direction to the rest of the Goods and will give a visual shade variance. This is a largely unexplained phenomenon that can affect any cut pile, velvet or velour carpet. The colloquial name for this phenomenon is “Pile Reversal” but can also be referred to as “Pooling” or “Puddling”. This is a naturally occurring phenomenon and is NOT a fault with the Goods or the Installation.
Schedule 2
Supply of Services
1. Subfloor Preparation
1.1 The Order will include a cost for subfloor preparation required to install the floor covering of choice. Although best effort will be made during the Supplier’s survey (which shall take place prior to any Acceptance Email being issued) to choose the correct Goods and methods to complete the subfloor preparation it is not always possible to do so. Existing floor coverings make it difficult to ascertain the type and/or condition of the subfloor. This is also the case on building sites where work is in progress at the time of survey and quote.
1.2 A further inspection and moisture test will be required prior to starting Installation, this will be done by a Supplier lead installer on the first day or separate date arranged prior to the scheduled Installation. Any further work/materials required to make it possible for the Supplier to install the new floor covering will then be quoted as a variation and/or additional and/or remedial works.
1.3 During any process of preparation as detailed above, there may need to be works completed to level any sub-floor. This work shall either be originally quoted in the Acceptance Email, or additionally quoted on survey to the Customer.
2. Variation, Additional, and Remedial Works
2.1 Due to the nature of our work and the individuality of properties the Supplier provides Services to, there may be occasions when unforeseen and/or unexpected issues may occur which cause a variation to the Services. On such occasions additional and/or remedial works may need to be completed prior to or following an Installation.
2.2 Although best efforts will be made by the Supplier during the survey and quote to identify and explain what additional and/or remedial works may be required however the Supplier shall not be held responsible for this.
2.3 Examples of additional/remedial work include but are not limited to the following:
Removal of laitance and contamination on a screeded subfloor
Removal of asphalt subfloors if damaged or cracked
Uplift and disposal of hidden floor coverings such as thermal plastic tiles
Addition of moisture barrier on a damp subfloor
Repair of rotten joists or broken floorboards
Repair and decoration of interior walls after the removal of skirting boards
Repair and decoration of skirting boards and walls after the installation of carpets
2.4 In all circumstances, materials and labour quoted for additional and/or remedial works would need to be approved by the Customer before proceeding with the Services. If the recommendations are declined by the Customer, the Supplier reserves the right to refuse to continue to provide the Services as the Supplier would not be able to provide Warranty for the Goods supplied or Installation completed.
2.5 If the recommended works are refused in relation to this Schedule, payment for the all Goods and Services supplied and completed up until such point, will be required in full. If the Invoice has already been paid in full a partial refund will be processed and issued to the Customer within 14 working days.
3. Clearance of Furniture and Appliances
Unless it is stated and agreed within the Acceptance Email, the Supplier requires that all rooms are clear of furniture and appliances prior to the scheduled Installation.
4. Uplift and Disposal of Existing Floor Coverings
4.1 Unless it is stated and agreed within the Acceptance Email, the Supplier requires that all rooms are clear of existing floor coverings such as carpets, laminate, vinyl tiles and wood prior to the scheduled Installation.
4.2 Current legislation regarding the disposal of waste is strict. The Supplier is only allowed to return waste to a skip for collection by a certified carrier of waste. There is a cost for doing this. The Supplier’s waste is handled by companies who are working towards sending zero waste to landfill.
5. Underfloor Heating
5.1 The Customer is to ensure that the Supplier is made aware of any underfloor heating present in the area of works at the point of Order. This shall then be stated in the Acceptance Email if that this is the case.
5.2 It is the Customer’s responsibility to control the sub floor surface temperature to a maximum of 27 degrees Celsius. The Customer is to ensure floor probes are connected to the thermostat for each zone. The Supplier recommends Fidbox’s are installed to engineered wood floors monitor the temperature and relative humidity in the sub floor and wood floor covering.
6. Snagging
Snagging is the process of checking for minor faults that need to be rectified. The Customer shall be given 7 days to complete snagging after the completion of the Services. Any snags should be listed in full and sent by email to the Supplier. The Supplier shall respond within 72 hours to arrange a date to rectify accordingly or complete an inspection.
7. Installers and Third Party Trades
7.1 It is possible that an Installation will be completed by a self-employed installer contracted by the Supplier. All sub-contractor installers will have been trained by the Supplier. They shall undertake work for the Supplier on a regular basis and are skilled craftsman who are competent in completing the Services.
7.2 There may be occasions where the Suppler uses a third party tradesman such as a decorator to complete part of the Services. This will be stated on the Acceptance Email. When the Supplier chooses to use a third party although they will not be trained by the Supplier, they will competent to complete Services required to a professional level.
7.3 There may be occasions where works may need to be completed prior to or following an Installation by a third party tradesman. On these occasions the Customer may be asked to find and hire a third party to complete these works and such works would not be the responsibility of the Supplier.
Schedule 3
Good Warranty
12 months unless otherwise stated.
The following Warranty is subject to the variations contained in Schedule 1 and Schedule 2 and those variations shall NOT fall under the Warranty.
The Supplier warrants that the Goods are free from defects caused by manufacture, fit for purpose and are free from faulty material.
The Warranty is limited to the Goods being used for its intended purpose, applied / installed and maintained in line with the Manufacturer Instructions. The Warranty is given from the date of original Order and is not transferable.
INSTALLATION IMPLIES ACCEPTANCE
NO WARRANTY WILL BE OFFERED FOR APPEARANCE-RELATED CLAIMS ONCE THE GOODS ARE INSTALLED.
The nominated party “owner, installer or representative” takes ownership and has final responsibility to ensure that they have received the correct species, finish and grade that was selected in the Supplier’s Showroom.
STRUCTURAL INTEGRITY WARRANTY
The Supplier warrants its Goods, in their original manufactured condition, to be free from structural defects for the periods as outlined in the Goods Specification and in each individual Order.
WARRANTY DISCLAIMERS
The Supplier warrants to investigate each complaint on individual merit. Provided that the complaint is solely attributable to a manufacturing fault and the correct fitting instructions and maintenance of the Goods have been fully adhered to.
Liability arising from this Warranty is restricted to hidden defects. These are defects that were not visible before or during the installation of the floor/carpet.
The Supplier reserves the right and must be offered the opportunity to inspect the complaint in situ and, where applicable, to inspect the Goods in its installed condition within 14 Business Days of receiving notification from the Customer of a fault.
All Goods require maintenance. Please follow the care guidelines/instructions which shall be made available at the point of delivery.
WARRANTY EXCLUSIONS
Any of the following shall void and invalidate this Warranty.
Damage due to moisture including but not limited to, leaking pipes, incorrect maintenance, excessive moisture in subfloor or humidity, or likewise by conditions that are too dry.
This Warranty does not cover damage caused by settling or uneven subfloors outside the scope of the Services.
Incorrect installations conducted by third parties (other than an authorised third party of the Supplier) done in a way that is contrary to the instructions provided.
Improper maintenance or inadequate care as per instructions given to the Customer.
This Warranty does not cover damage resulting from accidents or abuses that stains, scratches, diminished finish or indent the surface of the Goods. It also does not cover damage caused by heavy or concentrated foot traffic, damage by pet’s claws (nails), sand, gravel and other abrasives.
This Warranty excludes any consequential or incidental occurrences that may arise and is strictly limited to the replacement of Goods. The Suppler shall not be liable for any loss, expense, inconvenience or damage other than to the affected Goods.
Schedule 4
Goods And Services Warranty
The Supplier is committed to delivering unmatched quality and reliability in flooring solutions. As part of our dedication to customer satisfaction and trust, we are pleased to announce an enhanced warranty period. Unless otherwise stated in the Acceptance Email, our services are now backed by a comprehensive 3-Year Installation Warranty.
STANDARD 3-YEAR INSTALLATION WARRANTY
The Supplier guarantees that all Goods and Services will be covered against any faults due to incorrect installation and Goods failure for three years. This assurance is a testament to our confidence in the quality of our products and the expertise of our installation teams. Should a problem arise, the Supplier commits to responding within 72 hours to assess the issue and, once liability is established, to rectify it accordingly.
This Warranty is subject to change at the discretion of the Supplier but promises a steadfast commitment to addressing any installation-related faults or Goods failure within the specified period. Exclusions to this Warranty include damage or accidents caused directly by the Customer or third parties. In instances of minor imperfections noticed by the Customer, or if the Goods are damaged by the Customer, the Supplier will assist in rectifying the problem at an additional cost, determined on a case-by-case basis.
The same exclusions and disclaimers as detailed in the Goods Warranty at Schedule 2 apply. Our team takes pride in offering a service that not only installs your chosen flooring but also ensures it remains in perfect condition, reflecting our dedication to excellence and customer peace of mind.