1. All our quotations and all orders accepted by us are subject to these terms of business. In these terms all orders are termed contracts. No contracts are entered into by us except upon these terms. We shall not be bound by any terms which are inconsistent with these terms: any Purchaser’s order or acceptance which purports to include any inconsistent terms shall be construed as if that term was not included therein and shall be deemed for all purposes to be an order or acceptance incorporating these terms of businesses. In these terms the expression “quotations” shall include tenders and the expression “goods” shall include all equipment and materials supplied by us.
2. No variation of these terms of business or additions thereto shall be effective unless in writing duly signed on our behalf.
3. Quotations are limited to the goods specified therein and are subject to availability of the goods at the time when the order is placed. Unless otherwise specified, a quotation at a fixed price will be subject to withdrawal if any order is not placed within 30 days from the date appearing on the quotation.
4. We reserve the right to take-up financial references. Acceptance of any order shall be conditional upon such references being found by us to be satisfactory.
5. Prices are based on the costs of materials, components, accessories, labour, transport, statutory obligations and establishment charges and may be subject to variation if any change in such cost in currency exchange rates affecting such cost takes place before or during the performance of the contract.
6. Carriage prices are inclusive of all carriage charges but any special despatch arrangements to or from ourselves made at the customer’s request will be chargeable.
7. Payment of invoices of approved credit customers shall be due 30 days from date of invoice unless terms are stated on the invoice. If payment is delayed the company reserve the right to charge interest at the rate of 2.5% per month or part of. The company reserves the right to employ Solicitors and/or Debt Collectors in order to recover the debt. The customer will be liable for all charges incurred by the company in recovering the debt.
8. From the date of despatch from our works or delivery by our own transport (as the case may be) until payment of the whole sum payable under the contract has been received by us, all goods shall be at the sole risk of the Purchaser who shall keep them insured against all risks and shall indemnify us against any depreciation or damage to the goods in the event of such payment not being made.
9. Whenever delivery is made before payment of the whole sum payable under the contract, goods delivered shall, to the extent permitted by the law of the country where the goods are situated after delivery remain our property until we received such payment. If such law does not permit us to retain the property in the goods we shall be entitled to the benefit of such rights in respect thereof as such law permits us to retain. The purchaser shall give us every assistance, and shall procure that any ultimate user of the goods shall give every assistance in taking measures required to protect our right of property or other such rights as aforesaid.
10. All drawings, photographs, illustrations, advertisements, particulars and descriptive matter supplied by us are intended to present a general idea of the goods described therein but are not binding and are subject to variation.
11. Dimensions, weights, and performances are not guaranteed but will be within reasonable tolerances. Shading: All pile carpets are liable to shading and the customer is advised to take this into account when choosing the carpet. Therefore the company will not entertain any claims with respect to shading.
Matching: Carpets cut from more that one roll may vary slightly in colour or pattern. The company reserve the right to supply the customer with the best match obtainable.
12. Despatch and completion times are approximate only and we accept no liability whatsoever in respect of any delay however caused. Such times shall date from the acceptance by us of a written order and shall be subject to our receiving as and when required all instructions, approved drawings, licenses, letters of credit, guarantees, deposits, components to be provided by the Purchaser or his supplier and generally all such information and other assistance as may be necessary to enable the works to be carried out. Within seven days after the date of notification that any goods are ready for despatch, the Purchaser shall take delivery or arrange storage at the risk and cost of the Purchaser and the goods shall thereupon be deemed to have been delivered.
13. We shall be relieved of any obligations incurred under a contract and the Purchaser shall be responsible for any extra costs involved whenever and to the extent that the fulfilment of such obligations is prevented, frustrated or impeded as the consequence of war, civil war, strikes, lockouts, trades disputes, fire, earthquake, statute or regulations issued by any duly constituted authority or other contingencies beyond our control.
14. If goods in transit within the United Kingdom are damaged or partially lost the Purchaser shall give notice of damage or loss in writing to us and to carrier (if any) within three days of the end of the transit. If such goods are wholly lost the Purchaser shall give notice of loss in writing to us and the carrier (if any) within twenty-eight days after the transit began.
15. Cancellations cannot be accepted once goods have been cut or dispatched. If the Purchaser proposes any alterations after the contract has been accepted, or is in breach of any terms of contract, we shall have the right, to charge the Purchaser (in addition to the contract price) the whole of the expenses arising from such proposal or breach, including in particular all extra drawings, surveys, materials, components, accessories, waiting time, together with establishment charges and profit allowances at the rate included in our original price.
16. The Purchaser shall be responsible for providing the necessary facilities and means of unloading goods delivered.
17. Any order placed by a Purchaser shall constitute a representation that the Purchaser has complied with every applicable statute, order regulation, direction or by-law and all other lawful requirements of any government duly constituted authority and that, in particular, the Purchaser has lawfully obtained every necessary license, permit or consent which may be required in connection with the performance of the contract.
18. Credit is not normally allowed on returned goods, such return being assessed on its merits. No goods may be returned without our written authority that we will accept the returns. Application for return must be made in writing 14 days from date of despatch. Credit if any, would be notified after we have inspected the goods at our works. Unless otherwise agreed by us in writing all such returns must be arranged and transported at the customers expenses.
19. These terms and all contracts relating to them shall in all respects be construed and governed by English Law and the parties hereby submit to the jurisdiction of the English Courts.