Terms & Conditions of Trading
Calderdale Carpets Limited

Definitions

In these Terms and Conditions: “Seller” means Calderdale Carpets Limited. “Customer” means the person, firm or company purchasing the Goods and/or Services. “Goods and/or Services” means all goods and services supplied by the Seller. “Contract” means any contract formed between the Seller and the Customer for the supply of Goods and/or Services.

1. Application & Entire Agreement

1.1 These Terms & Conditions shall apply to all Contracts and shall override any terms proposed by the Customer, whether expressed or implied, including those contained in any purchase order, correspondence or negotiations.

1.2 No terms endorsed on, delivered with, or contained in the Customer’s purchase order or other document shall form part of the Contract unless expressly agreed in writing by a director of the Seller.

1.3 This Contract constitutes the entire agreement between the parties and supersedes all prior discussions or representations.

2. Quotations

2.1 All quotations issued by the Seller are provided based on information supplied by the Customer and/or the Customer’s nominated contractor.

2.2 Quotations shall remain valid for a period of thirty (30) days from the date of issue unless otherwise stated.

2.3 The Seller shall not be liable for any inaccuracies in drawings, specifications, measurements, or quantities provided by the Customer, and reserves the right to revise any quotation where such information is amended.

2.4 The Customer shall be responsible for verifying all quantities stated within the quotation and must notify the Seller of any discrepancies prior to placing an order.

3. Orders & Acceptance

3.1 All orders must be submitted in writing either by email from a recognised company domain or on official company letterhead.

3.2 No order shall be binding upon the Seller unless and until accepted in writing or by despatch of the Goods.

3.3 Confirmed despatch dates shall only be issued upon receipt of a valid and accepted order.

3.4 The Seller reserves the right to refuse or cancel any order at its discretion prior to despatch.

4. Price & Taxes

4.1 Prices are those ruling at the date of despatch unless otherwise agreed in writing.

4.2 All prices are exclusive of VAT and any other applicable taxes or duties, which shall be paid by the Customer.

4.3 Prices quoted for bespoke or contract orders are firm and not subject to increase.

5. Payment Terms

5.1 The Seller may invoice at any time after delivery, collection, or notification that Goods are ready for collection.

5.2 Payment is due immediately upon receipt of invoice unless expressly agreed otherwise in writing.

5.3 Where no credit account exists, the Seller may require a full payment in advance; or a deposit at the time of order, with the balance payable prior to despatch.

5.4 If any sum is unpaid 20 days after the end of the month of invoice, the Seller may charge interest at 2.25% per month, accruing daily.

5.5 The Customer shall be liable for all reasonable costs incurred in the recovery of overdue sums, including legal fees and debt collection agency costs, together with statutory interest and compensation under the Late Payment of Commercial Debts (Interest) Act 1998.

5.6 The Customer shall not withhold, deduct, or set off any sums without the Seller’s prior written consent.

6. Credit Control

6.1 Any credit facility is granted at the Seller’s sole discretion and may be withdrawn without notice.

6.2 The Seller may suspend or cancel further deliveries if payments are overdue or a credit limit exceeded, without liability.

7. Delivery

7.1 Delivery dates are estimates only and time shall not be of the essence.

7.2 Delivery shall take place at the goods entrance and unloading is the Customer’s responsibility.

7.3 Goods will be shipped immediately upon readiness unless agreed otherwise in writing.

7.4 Goods not delivered within one month may be invoiced and subject to storage charges.

7.5 The Seller shall not be liable for delays howsoever caused.

7.6 Delays caused by credit issues, nonpayment, or Customer default shall not constitute a breach of contract.

8. Risk

8.1 Risk shall pass to the Customer upon delivery or collection of the Goods, whichever occurs first.

9. Retention of Title

9.1 Title to Goods shall not pass to the Customer until all sums owed to the Seller have been paid in full.

9.2 Until title passes, the Customer shall store the Goods as bailee for the Seller and keep them clearly identifiable.

9.3 The Seller may recover its Goods at any time if payment remains outstanding.

10. Inspection & Claims

10.1 The Customer shall inspect Goods immediately upon receipt.

10.2 Shortages or damage must be noted on delivery documentation and notified in writing within 3 working days.

10.3 Carpets must be inspected before cutting or installation; no claims will be accepted thereafter.

11. Product Tolerances & Installation

11.1 Variations within British Standards tolerances (±1.25% as per BS 3665) shall be accepted by the Customer.

11.2 Installation must comply with BS5325.

12. Cancellations

12.1 No order may be cancelled without the Seller’s prior written consent.

12.2 Goods made to order or adapted to the Customer’s requirements may not be cancelled under any circumstances.

12.3 If cancellation is accepted, the Seller may charge an administration fee of up to 25% of the contract value and recover all costs incurred.

13. Returns

13.1 Goods may only be returned with the Seller’s prior written consent.

13.2 Goods must be returned unused, undamaged, and fit for resale.

13.3 The Seller reserves the right to charge for reconditioning, handling, and restocking.

14. Defects & Exclusions

14.1 The Seller’s liability for defective Goods shall be limited to the original invoiced value of the Goods.

14.2 No liability is accepted for shading, wear patterns, fading, soiling, cleaning damage, or characteristics inherent to textile flooring.

14.3 No liability is accepted for shrinkage unless installed strictly in accordance with BS 5325.

14.4 No claims will be accepted for Goods used in moisture-prone environments.

15. Limitation of Liability

15.1 The Seller shall not be liable for loss of profit, loss of business, indirect or consequential loss, delays, or third-party costs.

15.2 Nothing in these Terms limits liability for death or personal injury caused by negligence or fraud.

16. Force Majeure

16.1 The Seller shall not be liable for failure or delay caused by events beyond its reasonable control.

17. Insolvency

17.1 The Seller may terminate the Contract immediately if the Customer becomes insolvent, enters administration or liquidation, or ceases or threatens to cease trading.

18. Assignment

18.1 The Customer may not assign or transfer this Contract without the Seller’s prior written consent.

19. Notices

19.1 All notices must be in writing and sent to the Seller’s registered office.

20. Severability

20.1 If any provision is held invalid or unenforceable, the remainder shall remain in full force and effect.

21. Third Party Rights

21.1 No third party shall have any rights under the Contracts (Rights of Third Parties) Act 1999.

22. Governing Law

22.1 This Contract shall be governed by the laws of England and Wales and the English courts shall have exclusive jurisdiction.