The specialist kitchen & bathroom worktop, shower panel and flooring supplier and distributor for the North West of England.

Terms

TERMS AND CONDITIONS OF SALE

  1. Definitions

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.

  1. General

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.

  1. Cancellation

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.

  1. Delivery
    • – Subject to receipt of all necessary information relating to any order the Company will strive to comply with the Customer’s delivery instructions. However, the Company will not be liable for delay or failure to deliver the Goods or for any damage, loss or expense suffered arising from any such failure. Time of delivery shall not be deemed to be of the essence of any contract.
    • – Delivery promises are based on the assumption that there is an unobstructed good hard roadway giving adequate access to the Customer’s delivery point; available storage space for the Goods and suitably sufficient labour / machinery for unloading the Goods when delivered. The Company will accept no responsibility for any damage done to the Goods during unloading or handling on site. If there is no such adequate and unobstructed access, suitable storage or sufficient and suitable labour / machinery to effect prompt unloading, the Company reserves to right to withhold the delivery any charge for wasted journeys.
    • In the event of delivery of the wrong Goods as a result of the Companys’ error, the Company will seek to replace the Goods in question within 3 days and liability shall be restricted to the said replacement. Where the Customer unloads incorrect Goods then the Customer agrees to keep them safely and re-load to the Company’s vehicle or appointed carrier without charge in good condition and original packaging. Should incorrect Goods be delivered as a result of the Customer’s error then provided they are not off-loaded the Company will accept return for credit subject to deduction for wasted carriage costs – both delivery out and return plus a 20% re-stocking charge.
    • Where Goods are held by the Company awaiting delivery instructions or where the Customer does not accept or make facilities available for the delivery and acceptance of Goods as herein provided, then the Company shall be entitled to invoice the Customer and be paid for the Goods as herein provided.
    • It is the Customer’s responsibility to ensure that the person or persons effecting the off-loading of Goods check the Goods for any transit damage or shortage. Once a clear signature has been received, no claims will be accepted by the Company for transit damage or shortage. Signing delivery notes “unchecked” or similar will constitute a clear signature. Where carriers are used to effect delivery the Company has no recourse where clear unendorsed delivery notes are provided.
  2. Literature

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.

  1. Prices

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.

  1. Terms of Payment

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.

  1. Passing of Property / Risk

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.

  1. Samples

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.

  1. Claims
    • – The Customer must accept full responsibility for the suitability of any Goods ordered being fit for any particular purpose. The Company will accept no responsibility in guaranteeing any such suitability.
    • – The company will accept no liability in respect of any matter concerning the Goods, whether this be for shortage, defective quality or for any discrepancy or fault of whatever kind as to the number, condition, quality or description or otherwise, unless the Customer shall given written notification thereof to the Company within 3 days of the delivery of the Goods giving rise to complaint  or claim. The liability of the Company for a claim made hereunder shall, at the option of the Company, be limited to replacing the Goods the subject of the claim or complaint after the delivery thereof.
    • – Save as aforesaid the Company shall be under no liability in respect of short-delivery, defective goods, failure to comply with description or lack of quality, delay in delivery or in respect of any other claim or complaint relating to the Goods. In any event the Company shall not be liable for any direct or indirect or consequential loss or damage or loss of profit of whatsoever nature, labour costs incurred in repairing or replacing goods or any loss or damage or delay howsoever arising caused by circumstances outside the reasonable control of the Company.
    • – All terms, express or implied, relating to the quality of the Goods are warranties only the breach of which gives no right to reject the Goods or terminate the contract in any circumstances whatsoever.
    • – Where the Customer requests a site inspection following the notification to the Company of any claim or complaint, the Company may, at it’s option,  arrange for an independent inspector to carry out such inspection. The Customer agrees that the company can invoice and agrees to pay for such a service – the charge being as per the independent inspector’s normal tariff – i.e. without any additional charge from the Company. Should the independent inspector find that there is a genuine manufacturing defect with the Goods, the said charge for the inspection will be credited by the Company in full.
  2. Returns and Re-stocking Policy

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.

  1. Data Protection

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.

  1. Force Majeure

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.

  1. Proper Law

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.