Terms and Conditions
Terms and Conditions of Contract
1. Account Application:
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.
2. Contract Acceptance:
Upon acceptance of contract, all goods will be ordered in from various suppliers. Once goods have been ordered, we 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. Any materials ordered in and unused or left over (through changes to contract) will be invoiced and will be passed over to the principal upon contract completion.
3. Progress Claims & Payment:
In the event that work is not completed within one calendar month, a progress claim will be made for goods bought in and / or supplied, and services carried out to date. These goods may be stored and insured by TFC at our premises or delivered to your site by arrangement. Payment is required by 20th of month following invoice.
Interest will be charged at 2.5% per month on overdue accounts.
5. Supply Only:
In the event of a SUPPLY ONLY contract (i.e. installation is not to be carried out by TFC) goods must be paid for in full before being collected (Progress Claims apply as per 1 (b) above). Please check your order carefully as no refunds will be given for over-supply and no responsibility is taken for under-supply from client quantities.
All goods remain the property of The Flooring Centre Ltd (TFC) until paid for in full.
TFC regrets it 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).
Until payment for goods is made in full, the customer hereby grants TFC (or its agent) an irrevocable license and otherwise authorizes 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 customer, in addition to the original sum outstanding, as well as interest due as described in Item 4 above.
9. For vinyl flooring or other installations that require adhesive fixing, it is imperative that all substrates are clean and uncontaminated. Paint or other contaminants will usually require sanding off, or removing prior to installation. In the event paint over spray or other contaminants are apparent on the substrate after final quotation, an additional charge will be made for their removal.
10. Upon TFC measure or site inspection, best endeavors will be made by TFC staff to assess the floor or substrate, for suitability and preparation which will be reflected in the quotation or estimate. As it is often not possible to completely view existing substrates, TFC does not accept responsibility for any unforeseen items that may become apparent during the preparation or installation process. In this event, TFC will cease work and will forward an additional quote for this unforeseen work for your approval, prior to continuing.
TFC will not accept responsibility for any movement in the substrate after floorcovering preparation or installation.
11. It is important to note that all cut pile and plush pile carpets will track and shade to varying degrees. Plush pile carpets are particularly susceptible to “shading” (permanent pile reversal) where random light & dark patches may become apparent following installation. This is a characteristic of this style of carpet and is not regarded as a manufacturing fault (refer to the reverse of the sample for further information; we will be happy to discuss this should you have any concerns prior to making your purchasing decision. TFC accepts no responsibility from this “normal” characteristic)
12. Peaking of seams or raised seams is caused by the thickness of the heated joining tape under the carpet. This is an inherent characteristic of a conventional carpet installation stretched over underlay. It is often prominent in some rooms and not in others, as it is dependent on light source, colour and style of carpet. Peaking seams do not constitute an installation fault and are not deemed acceptable grounds for a warranty or installation claim, providing the seam is completed to industry standards and best trade practice.
13. Due to the nature of textured or patterned carpets, variances in width and length can be expected. For this reason an exact pattern match is often not possible and will not be deemed acceptable grounds for a warranty claim.
14. Floor Preparation, Application of Moisture Barriers, easing of doors, shifting of furniture and equipment, white-ware or other; as well as cleaning on completion or flooring protection from other trades, will be charged in addition to contract unless specifically allowed for in written quotation, or specific arrangements have been made between TFC and purchaser.
15. TFC does not accept any responsibility for paint damage to skirtings, walls or adjacent surfaces that have not been allowed to properly dry, cure or harden, in accordance with paint manufacturers recommendations (i.e. 15 days for acrylic paints, 28 days for enamel paints). Should damage of any nature occur, during the installation of your new flooring, please advise TFC salesperson or Manager immediately by email, in order that we can inspect and rectify as appropriate. TFC will not accept responsibility for any damage that has not been reported (as above) within 7 days of occurrence. No charge, contra charge or deductions from account will be accepted for damage or any other perceived contra charge items, without this notice (as above) along with a clear written instruction from TFC that responsibility is accepted and agreed.
16. TFC recommends walk off mats for hard wearing areas and plastic under-chair mats where roller or castor type chairs are in use. Manufacturer and TFC warranties exclude premature wear when appropriate mats or protection is not in use.
17. Best endeavours will always be made by TFC, to carry out work or deliver goods in accordance with any pre-arranged dates, however no guarantee is given and TFC is not responsible for any loss, damage or consequential costs resulting from any delays.
18. TFC is not responsible for any costs incurred due to inaccurate measurements or other incorrect information given by the customer to TFC, for the purpose of quantifying, pricing or supplying of goods or services.
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 the national flooring body “Floor NZ”. For timber floors, inspections may be undertaken by the Australasian Timber Flooring Association (ATFA). The purchaser hereby agrees to this dispute resolution process and agrees to abide by the findings of this independent report. The purchaser agrees to pay for any fees or costs that may be incurred in the inspection and reporting process, if it is found that no fault is attributed to TFC. The purchaser further agrees that no money will be withheld from payment to TFC at any time including during the dispute process, undertaking of remedial work, product repair or replacement, or in any other circumstance. Full payment will be made by the purchaser to TFC as outlined in Sections 3 & 4 above.
By accepting this contract, 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 by customer. Signing of or reference to the contract quote or estimate (verbally, by email or other communication) is deemed as acceptance of contract, including all contract terms and conditions as 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.