TERMS AND CONDITIONS OF SALE
In these conditions of sale references to “the Company” means Decorative Products (UK) Ltd. References to “the Customer” means the person, firm, company or corporation by whom the order is given. References to “the Goods” means the subject matter of the order given or any part or variation thereof.
Any acceptance by the Company of the Customer’s order is conditional upon acceptance by the Customer of these terms and conditions, which, unless otherwise agreed in writing, shall be the only conditions applicable to any contract entered into by the Company for the sale of product or service to the Customer. All other conditions, warranties, descriptions and representations inconsistent therewith, express, implied, statutory or otherwise are hereby excluded except insofar as any statutory provisions, conditions or warranties shall not be capable of being excluded.
No cancellation or variation of the whole or any part of the order by the Customer is permitted, except where expressly agreed in writing by a person authorised to sign on behalf of the Company. The consent of the Company to cancellation or variation of the order shall not in any way prejudice the Company’s right to recover from the Customer full compensation for any loss or expense arising from such cancellation or variation on an indemnity basis. Where Goods are returned by the Customer without the Company’s prior written consent, they will not be accepted for credit. Orders for Goods to be brought in or manufactured specifically against Customer’s specification must be supported by an official order in writing from the Customer and cancellation, once placed with suppliers, will not be allowed.
All descriptive and sales literature including price lists and other advertising materials are intended merely to represent a general idea of the Goods described therein and none of these shall form part of any contract.
Unless otherwise expressly agreed by the Company in writing, prices quoted in any contract, order, price list or otherwise are subject to increase without notice in the event of there being, prior to delivery of the Goods, any rise in the market price of the Goods or any increase in cost to the Company of, or caused by, materials, fuel, labour, transport, government or other duties or taxes. Unless stated otherwise, all prices quoted are exclusive of VAT which would be charged at the rate ruling at time of despatch.
Unless the sale is for cash or other credit terms have been expressly agreed, all accounts are due for payment 30 days from date of invoice. In default of payment aforesaid, the Company reserves the right to charge the Customer at the rate of 4% above Bank of England base rate for the time being in force from the due date of payment until the date of receipt of payment. The Customer shall not be entitled to withhold payment of any amount payable by reason of any dispute or claim by the Customer. The Customer shall reimburse to the Company the entire cost of representing any cheque or other instrument delivered to it in payment of any sum due by the Customer. Without prejudice to any other rights of the Company, if the Customer shall fail to make prompt payments of any sum under any contract between the Company and the Customer, the Company may, at it’s option, either withhold delivery of the Goods until the total indebtedness of the Customer to the Company has been discharged or cancel this order. All legal costs and expenses reasonably incurred by the Company in seeking to collect overdue invoices from the Customer or otherwise to enforce its rights under this contract will be recoverable from the Customer on an indemnity basis.
The property in the goods shall not pass to the Customer until the Customer has paid for such Goods and discharged any other indebtedness to the company in full. If notwithstanding that the ownership of the Goods has not passed to the Customer and the Customer has sold to a third party, then the customer so sells as a fiduciary agent for the Company and shall hold all or part of the proceeds of such sale, or any Goods or property purchased therewith, on trust for the Company. The Customer agrees that prior to the payment for the Goods or the discharge of any other indebtedness in full, the Company may at any time enter onto the Customer’s premises or any other site where the Goods may be and remove the Goods from there and resell the same. Notwithstanding that the property in the Goods shall not pass to the Customer save as provided above, the Goods shall be at the risk of the Customer from the time of collection by or delivery to him of the Goods and in the event of the Goods being damaged, destroyed or lost after collection or delivery the Company shall be entitled to payment in full for the same.
Samples of products are only ever submitted as indicative of a class of Goods without any guarantees as to size, colour or quality of the Goods. The Company will endeavour to comply with any sample but it is to be under no liability for failure to comply as aforesaid or for failure to provide the size, colour or quality selected and any sale of Goods shall not be by reference to any such samples. Especially in the case of real wood floorings it is almost impossible to provide samples to cover all variations that occur in the natural product. Customers should only ever use samples together with grading descriptions as an indication of what the actual Goods shall be like.
Goods will be accepted back into stock only if they have unopened packaging and are received back by the Company in a perfect re-saleable condition. It is the responsibility of the purchaser to return the Goods to the Company. Goods will only be accepted back if returned within 2 months of original invoice date. The company must be warned in advance, in writing, of the intention to return Goods and must have given it’s written consent to the return. However, this policy does not extend to the return of laminate flooring. Due to the nature of the product and the difficulty of ensuring its return in an undamaged condition, we regret that the Company must enforce a policy of “no returns” with regards to this product group. This same policy of “no returns” also extends to customer specific or specially manufactured Goods that are not a regular stock item for the Company. With regards to any returns a 20% re-stocking charge will be levied.
Information that is provided by the Customer in any application for credit facilities may be verified and held within the Company’s records. In accordance with the Data Protection Act the customer must accept that credit checks may be carried out by one or more licensed credit agencies who may utilise the information contained within the credit application for their purposes and who will retain a record of the search. Such enquiries may be carried out at any time when outstanding monies are due.
The company shall not be liable for any failure to deliver or delay in delivery of the Goods arising from circumstances outside its control, including but not limited to lock-outs, strikes, fire, accidents, defective materials or shipment delays from suppliers.
Every contract to which these conditions apply shall be constructed and operate as an English Contract and in accordance with English Law. Any dispute arising shall be submitted to the jurisdiction of the English Courts.
