Our Terms and Conditions - Quotations

 

1.       Parties

In these conditions, the term “the company” shall mean Express Flooring Solutions Limited and the term “the Customer” shall include not only the person, Company or firm to whom this quotation is addressed but also where appropriate the General Contractor nominated by and on behalf of such person, Company or firm.

 

2.       General

The conditions shall be incorporated in any contract with the Company and no conditions contrary to or inconsistent with these conditions may be imported into any such contract without the express written assent of the Company given by its duly authorised agent or employee.

 

3.       Quotation

This quotation shall remain open for acceptance for a period of 30 days from the date hereof whereafter it is withdrawn. This quotation is based upon the current cost to us of labour and maintenance and unless otherwise stated we reserve the right to pass onto the Customer any subsequent increase or decrease in those prices that may occur before complete performance of the contract. In addition any extra charge or expenses due to the variation of quantities in our quotation caused by insufficient information or non-submission of full quantities or specification shall be paid for by the Customer.

 

4.       Preparation of Sub-Floor

The cost of any preparation of the sub-floor is not included in this estimate unless specifically stated. The Company shall not be held responsible for any structural or other defects in the floor or building that may affect or be caused by our flooring in any way, nor can the Company be held responsible for any damage to the floor by the use of unsuitable cleaning or surface treatment.

 

5.       Measurement

The standard method of measurement of building work authorised by agreement between the Institute of Chartered Surveyors and the National Federation of Building Trades Employers (current issues) shall be the basis of all measurements taken.

 

6.       Delivery

(i)                  The Company will use its best endeavours to deliver at the time stated but delivery dates shall be regarded as approximate only.

 

(ii)                Failure to deliver at the time stated will not be sufficient cause for cancellation and the Company will not be liable for any losses, cost, damages or expenses consequential or otherwise suffered by the Customer.

 

(iii)               Where delivery is made by instalments delay in delivering one or more instalments shall not entitle the Customer to refuse to accept any remaining instalments.

 

(iv)              The Customer shall not refuse to accept delivery of any consignment or instalment on account of any shortage or deflect on any other delivery.

 

 

 

7.       Terms of Payment

(i)                  Payment for work done and / or goods supplied shall be made in full not later than 30 days from the date of the invoice date unless otherwise agreed in writing.

 

(ii)                In the event of non-payment of the invoice price by the due date all monies owing (whether due or not) by the Customer shall become due and the Company shall become due and the Company may without prejudice to any of its rights, under these conditions charge interest on the aggregate of all such monies then outstanding at the rate of 4% per annum above the base rate of  Barclays Bank Plc from time to time such interest to accrue on a daily basis until the date of actual payment , after as well as before any judgement.

 

(iii)               All payments are to be made on or before the due date as a condition precedent to carrying out future work and / or future deliveries and where work is carried out and / or the goods are delivered in instalments, payments for each instalment shall be a condition of the carrying out of future work / or delivery of subsequent instalments.

 

(iv)               We will make a search on your credit status with a credit reference agency, which will keep a record of that search and will share that information with other businesses. We will also make enquiries about the principle directors with a credit reference agency.

 

8.       Risk and Title

(i)                  Goods shall remain the property of the company until unconditional payment in full has been received by the customer for the goods and for all other goods which have been delivered by the Company to the Customer.

 

(ii)                Until such unconditional payment the Customer shall:-

(a)    Keep such goods in its capacity as bailee for the Company, and

(b)   Store the goods separately and clearly identify the goods so that they can be clearly recognised as the property of the Company.

 

(iii)               The customer may dispose of the goods in respect of which property has not passed hereunder in the ordinary course of its business as principal but only as such time as the Purchaser has disposed of all goods of the same kind supplied by the Company for which payment in full has already been made.

 

(iv)              If the Customer incorporates the goods into other products before property passes (with the addition of its goods or those of others) or uses such as goods as material for other products (with or without such additions) the property in those products including the final product is upon such incorporation or use and by that event transferred to the company and the Customer shall maintain records sufficient to enable the manufactured products and the goods incorporate therein to be identified, measured or otherwise quantified.

 

(v)                If the goods or any part thereof whether or not incorporated into other products or used as material for other products are re-sold by the Customer before he has made unconditional payment to the Company as aforesaid the Customer shall in its fiduciary capacity as agent for the Company hold all proceeds of sale in respect thereof in trust for the Company and in a separate account to be opened by the Customer for the purpose of receiving only the proceeds of such sales and be accountable to the Company in respect thereof.

 

(vi)              The Company may appropriate payments by the Customer to such goods and accounts as it thinks fit, notwithstanding any purported appropriation by the Customer to the contrary, and may make such appropriation at any time.

 

(vii)             The Customer hereby assigns to the Company all rights and claims which the Customer may have against its own customers arising from sales to its own Customer referred to in sub-clause (v) above until unconditional payment has been made to the Company in full as aforesaid.

 

(viii)           If before property in goods has passed to the Customer the Customer is in breach of any payment obligation hereunder or enters into liquidation administration or has received  or receiver or manager appointed over its assets or in the case of an individual has a trustee in bankruptcy appointed or makes an application for a voluntary arrangement or scheme of arrangement or composition (as defined in the Insolvency Act 1986 and any amendment thereto) or calls a meeting of its creditors or has any execution or distress levied on goods in its possession the Customer shall at its own expense re-deliver such goods to the Company. In such cases the Company may with or without previous notice take possession of and sell the goods and is in such circumstances irrevocably authorised by the Customer to enter the premises on which the goods are situated and remove the same at the Customers expense.

 

(ix)              Notwithstanding the provisions of this clause risk in all goods supplied shall pass to the Customer on delivery whereupon the customer shall be liable for insurance of such goods.

 

9.       Damage in Transit

Except where the customer has given special instructions as to carriage or delivery and delivery has been made to order of the Customer the Company will either repair or replace free of charge goods damaged in transit or allow credit therefore provided the Customer shall give the Company notice in writing of the extent and nature of the damage:-

 

(a)    where goods are delivered by the Company within 7 days of the date on which the goods were delivered, or

(b)   where the goods are delivered by outside carriers within such times as will enable the Company to comply with such carriers’ conditions of carriage for the notification of such claims

 

 

 

 

 

10.   Shortages and Damaged Goods

No claims for shortages or in respect of damaged goods shall be made unless the Company is notified in writing within 7 days of receipt of the goods and in the absence of such notification the Customer  shall be deemed to have accepted the goods.

 

11.   Return of Goods

The Customer shall not be entitled to return goods supplied for credit except by special arrangement confirmed by the Company in writing. Any request for the return of goods must be must be accompanied by the invoice number and the date on which the goods were delivered.

 

12.   Warranty

(I)                 Save as provided in sub-clauses (ii), (iii) and (iv) of this clause all warranties, conditions, guarantees or representations, express or implied, statutory or otherwise are hereby excluded, and the Company shall not be liable for any loss, damage, expense or injury of any kind whatsoever, consequential or otherwise, from any cause whether directly or indirectly attributable to the installation of the Company’s good including theft or fire or explosion or use of any substance heating apparatus or equipment use in the execution of the contract, or arising out of or due to or caused by any defects or deficiencies of any sort in any work carried out by the Company or in the goods supplied by the Company, and whether such defects or deficiencies are caused by the negligence of the Company or its servants or agents or otherwise.

 

(II)               The Company agrees to make good replacement or repair, defects which arise solely from faulty materials or workmanship within a period or twelve months of delivery or installation (as the case may be) provided that the Company is immediately notified in writing of the defect.

 

(III)             The Company does not exclude its liability for death or personal injury and accepts liability for any breach of the part of the Company of any undertaking as to title, quiet possession and freedom from encumbrance which may be implied be Section 12 of the Sale of Goods Act 1979.

 

(IV)             This clause shall not deprive a Customer dealing as a consumer pursuant to Section 12 of the Unfair Contract Terms Act 1977 of his statutory rights.

 

13.   Limitation of Liability

Without prejudice to sub-clauses (iii) and (iv) of clause 13 above the amount of any damages recoverable by the Customer from the Company for breach of contract or negligence shall be limited to the invoice price for work carried out and the goods.

 

14.   Inability to Supply

(i)                  Without prejudice to any other condition hereof should the manufacture, supply, despatch or installation of the whole of any part of the goods, contracted for be interrupted, prevented or hindered by any cause or causes whatsoever beyond the Company’s control the Company shall be entitled to postpone or suspend any delivery or deliveries under the contract until (in the Company’s judgement) any such cause has ceased to operate. The Company shall be under no liability whatsoever in respect of such postponement or suspension.

 

(ii)                If delivery is delayed for more than 3 months the Company has the option (without incurring any liability for loss or damage arising there from) of cancelling the contract and refunding any payment made by the Customer.

 

(iii)               Without limiting the generality of the cause referred to above the damage shall include war, fire, accident breakdown of plant or machinery, industrial action, disputes (including strikes and lockouts) unavailability of and restriction on supplies, non delivery or delays in delivery of any materials or any other circumstances (of whatsoever nature and not limited to the foregoing) which directly or indirectly interrupt or hinder the due performance of contract.

 

15.   Termination

The Company shall be entitled to terminate any contract forthwith without prejudice to its own rights accrued at the date of such termination and to recover damages in the event of any breach by the Customer of its obligations hereunder if the Customer shall be adjudicated bankrupt or has a receiving order against it or enters into liquidation, or has a receiver or receiver and manager appointed, or if an Administrator or Administrative Receiver is appointed of the whole or any part of its assets or undertaking or a Winding-up order is made against the Customer or the Customer goes into voluntary liquidation (other than for the purpose of reconstruction or amalgamation) or causes a meeting to be convened or makes any arrangement or composition with creditors or enters into a voluntary arrangement  or scheme of arrangement  with its creditors or allows execution or distress to be levied against its goods.

 

16.   Governing Law

The contract shall be governed by and construed in accordance with English Law and the parties here to submit to the exclusive jurisdiction of the English Courts.