In these conditions: “Seller” means Fitwell Flooring Limited “Buyer” means the customer buying the goods. These conditions shall apply except as may be expressly agreed by the Seller in writing. Any concession or waiver made by the Seller at any time shall not prejudice the exercise of its rights hereunder.
The Seller’s guarantees are identical to those of the manufacturer
Prices are subject to alteration at any time without notice, and all orders are accepted on the condition that they are charged at prices ruling at the date of dispatch.
For problem-free installation it is extremely important that all packs of flooring are individually checked for any manufacturing defects before attempting to lay.
If any faults become apparent, the Seller should be notified at the earliest possible time and the installation suspended.
This will ensure no re-fitting costs are incurred by the Buyer, which will not be recoverable by the Seller or manufacturer.
All pile carpets, particularly plain carpets can be subject to light and dark areas where there is regular foot traffic.
This is not a manufacturing fault and in no way affects the performance of the carpet.
All goods must be signed for.
Any damages must be reported within 5 days. No claims will be accepted on faulty carpets once fitted.
Complaints on carpets must be supported by the satisfactory completion of the Sellers complaints form.
The Seller will not accept responsibility for any remedial action without its authority.
GOODS AWAITING COLLECTION
Any Carpet, Vinyl, and Matting orders not collected after two months from the date the order is received by the seller will be invoiced to the buyer at the prevailing price.
Normal payment terms will then apply.
RETURN OF GOODS/CANCELLED ORDERS
Goods may not be accepted for return without the required return documents duly authorized by the Seller.
No order cancellations will be accepted unless agreed by the Seller.
The Seller reserves the right to charge the Buyer a restocking charge of up to 25% of the prevailing price on any goods returned or cancelled.
A restocking charge of up to 50% will be applicable on any goods which have already been cut or specially ordered.
The Seller reserves the right to date all invoices to the Buyer on the date the goods arrive in the seller’s warehouse and not the date the Buyer receives the goods.
VALUE ADDED TAX
Where applicable, Value Added Tax will be applied in accordance with United Kingdom Legislation in force at the tax point date.
Buyers on a ‘cash basis’ trading facility with the seller must pay each invoice on receipt of that invoice or collection/delivery of goods whichever comes first. Any Buyer with a credit account with the Seller must settle each monthly account balance by the end of the following calendar month.
OVERDUE PAYMENTS AND CANCELLATION
The Seller shall be entitled to suspend or cancel further deliveries under any contract between the parties hereto: 1. if any payment is overdue, or 2. if the Buyer shall have failed to take delivery of any product, or 3. (After notice) if and to the extent that the value of the products delivered but not paid for exceeds or, if delivered, would exceed the Buyers credit limit with the Seller, whether or not advised to the Buyer and whether or not payment is overdue. For the purpose of this condition, time
Any dishonoured cheque(s) will be subject to an administration charge of £25 and may affect credit offered.
The Seller will fix a credit limit to each credit account and reserves the right to request payment from a Buyer at any time to keep account within its credit limit.
RETENTION OF TITLE
a) The title to goods shown on any invoice or advice note shall remain with the Seller until payment is made in full.
b) Until title shall pass, the Buyer has the goods in his possession and at his risk solely as bailee for the Seller, and such bailment shall be deemed to terminate forthwith if the Buyer, being an individual commits an Act of bankruptcy, or being a company enters into liquidation or has a winding up petition presented against it or has a Receiver appointed, whereupon the Sellers hall be entitled to resume immediate possession of the goods, for which purpose the Buyer grants to the seller an unrestricted right to access to and entry upon any premises in which the said goods may be from time to time be situated.
c) If the Buyer disposes of the goods before title shall pass to him, he shall be deemed to do so as agent for the Seller and shall hold the proceeds of sale in trust for the Seller.
The Buyer hereby assigns to the Seller all his rights and claims against the sub-purchaser.
INSOLVENCY OR DEFAULT
If the Buyer shall commit any breach of the Contract or be or become insolvent or unable to pay his debts or commit any act of bankruptcy or (being a Limited Company) go into liquidation other than a voluntary liquidation for the purpose of amalgamation or reconstruction only or have a receiver appointed of its undertakings or assets or a substantial part thereof, the Seller may without notice suspend or determine the contract or the unfulfilled part thereof and stop any goods in transit without prejudice to any other right or remedy which the Seller may lawfully enforce or exercise.
SAFETY DATA SHEETS
Information is available on request on all relevant products.
Minimum order value for delivery is £100 nett – orders less than this will incur a £20 surcharge. All delivery dates / times are given in good faith & whilst every endeavour will be made to effect deliveries on time, no guarantee as to exact dates and times are to be implied and no liability will be accepted for any loss or damage occasioned by delay on delivery however caused. Goods must be checked for damage immediately upon delivery. We cannot accept responsibility for goods reported damaged after they have been signed for in good condition. 3rd Party carrier deliveries are executed in good faith. No Liability will be accepted for any loss or damage occasioned by delay on delivery however caused.
Except as expressly provided in the contract the Seller shall be under no liability:
Neither the Seller nor the Buyer shall be responsible for failure or delay in fulfilment of any terms of the contract if prevented or hindered by any circumstances not reasonably within its immediate control.
Phone Calls to and from Fitwell Flooring Ltd are recorded & monitored for quality & training purposes
Any order placed implies acceptance of our terms & conditions of sale
The contract shall be governed and construed by the Law of England.