Terms and Conditions of Contract

 

1. Ownership:  All goods remain the property of The Flooring Centre Ltd (TFC) until paid for in full.

2. Payments terms:  Unless you have a commercial account, a deposit of 50%, or otherwise agreed sum is to be paid upon placement of order to TFC. The balance is to be paid within 7 days of invoice date, unless Hire Purchase or other agreements are made at the time of order confirmation. 

3. Account Application: If you have or intend opening an account with TFC, goods will not be ordered in for any work without signed acceptance of contract and approval of account application. The purchaser hereby agrees to have TFC or its agent seek whatever information as deemed appropriate in order to obtain a clear view of applicant's credit history and credit worthiness. The Purchaser also agrees to have a general security interest registered on PPSR in favour of TFC.

4. Interest:  Interest will be charged at 2.5% per month on overdue accounts.

5. Default:  Until payment for goods is made in full, the customer hereby grants TFC (or its agent) an irrevocable license and otherwise authorises it to enter land and/or buildings upon which goods are stored, installed or kept, to uplift goods and carry out such work as may be necessary to return the goods to the possession of TFC. All due care will be taken by TFC and or its agents, however no responsibility for damage caused in this process shall lie with TFC. Any legal costs, costs of collection and / or repossession will be further charged by TFC and owed by the purchaser, in addition to the original sum outstanding, as well as interest due as set out in 4 above.

6. Cancellation:  If orders are cancelled; deposits will be non-refundable when the goods have been specifically cut or ordered in for your supply or installation.  Any refund or partial refund is entirely at the discretion of TFC management.

7. Variations / Changes to contract:  Once goods have been ordered in by TFC or put aside from stock for your project, and through no fault or control of TFC the job is delayed or the goods are not required until a later date (or not required at all) full payment for these goods is required in accordance with your contract. The purchaser will be invoiced for these goods in the same month as TFC orders in the goods from the supplier. TFC are not able to credit or take back these goods should any accepted work be varied, changed or deleted. In the event that changes or deductions to work are instructed, the “labour portion only” will be credited, or altered against any instruction.

8. Quantities / Measurements: Following acceptance of contract, goods will be ordered in accordance with TFC measurements, quantities and calculations. No credit is offered for any oversupply or wastage left over. (Note: Additional quantities are often supplied at no cost from the manufacturers and suppliers when orders are nearing full rolls, containers, batches or pallets)

9. Progress Claims / Work completed to date:  If work is not completed within one calendar month, a progress claim (invoice) will be issued for goods bought in and/or supplied, and services undertaken to date.  These goods may be stored and insured by TFC at our premises, or delivered to your site by arrangement.  Payment is due within 7 days of invoice.

10. Delays:  Best endeavours will always be made by TFC to carry out work or deliver goods in accordance with any pre-arranged dates and times, however no guarantee is given, and TFC shall not be responsible for any loss, damage or consequential costs resulting from any delays.

11.  Consumer Guarantees Act:   TFC endorse and recognise all rights of the consumer as set out in the Consumer Guarantees Act 1993 for residential purchases (CGA) Commercial contracts are specifically excluded from the CGA.

12. Storage:  TFC is unable to store goods except by special arrangement prior to purchase.  TFC does not accept any responsibility for goods held or stored for any longer than 6 months from date of purchase (invoice date).

13. Supply Only of Goods:  In the event of a SUPPLY ONLY contract (i.e. installation is not to be carried out by TFC) all goods must be paid for in full before being collected. Please check your order carefully and inspect all goods upon receipt. Advise immediately (within 24 hours) if goods are damaged, defective, short supplied or incorrect in any way. No credit or replacement is offered after this time and no credit or replacement is offered following installation by others.

If your order is made up from quantities supplied by you, again please check your order is accurate as noted above, as no refunds will be given after the 24 hour checking period following purchase. No refunds will be given for over-supply and no responsibility is taken for under-supply.

14. Other Important information:  In providing your quotation for new flooring, considerable additional information has been included relating to various product expectations and outcomes, product maintenance, warranties, BPIR information, guidelines and other. It is important that you have read and understood all of this information before proceeding with your order. This important information is deemed as part of your contract and in the event of any dispute; it shall be relied upon accordingly.

15. Dispute Resolution:  In the event of a dispute arising between the purchaser and TFC, an independent inspection and report will be undertaken by the manufacturer’s representative or other suitably qualified representative appointed by TFC. The purchaser hereby agrees to this dispute resolution process and further agrees to abide by the findings of this independent report. In some instances there may be a cost involved in obtaining an appropriate report. In the event that no fault is attributed to TFC, the purchaser hereby agrees to pay for any fees or costs that may be incurred in the inspection and reporting process. The purchaser further agrees that no monies will be withheld from payment to TFC at any time (in accordance with contract terms) including undertaking of any remedial work, product repair or replacement, or in any other circumstance. Full payment will be made by the purchaser to TFC as outlined in Section 2 above.

16. Contract Acceptance:  

By accepting this contract or instructing TFC to proceed, you are deemed to have read, understood and agreed to all items above. Acceptance of TFC standard Terms and Conditions of contract remain in force for all present and future purchases. Signing of or reference to the contract quote (verbally, by email or other communication) is deemed as acceptance of contract, including all contract terms and conditions as set out above. TFC reserves the right to cancel the contract in part or in full at any time. In this event, TFC will invoice for all work carried out, or goods supplied to date (as per 9 above) Any deposit paid may be refunded partially or fully at TFC discretion, excluding any applicable freight or restocking fees.