In these conditions of sale the 'SELLER' means Calderdale Carpets Limited. The 'CUSTOMER' means the person, firm or company purchasing the Goods and/or Services. The 'GOODS AND/OR SERVICES' means the Goods and/or Services, which shall be the subject of the contract between the seller and customer. The 'CONTRACT' means the said contract.
The acceptance by the Customer of the Seller's written quotation, or the placing of any order whether written or oral by the Buyer, includes the acceptance of these conditions which shall prevail over any terms or conditions incorporated or referred to by the Customer whether in the order or in any negotiations and whether or not the same is expressed to override these conditions. If there is any conflict between these conditions and any such other terms or conditions these Conditions shall prevail unless otherwise agreed in writing by the Seller.
Goods will be charged at the price ruling at the date of despatch. Orders accepted by the Seller as special or contract orders at an agreed price will not be subject to any increase. All prices are exclusive of VAT at the current rate applicable.
Cancellations of any order accepted by the Seller cannot be made without the Seller's consent in writing and in no circumstances can the seller allow cancellation of orders for Goods and/or Services made or specially adapted to the Customer's requirements. Goods returned by prior arrangement will only be accepted if they are completely re-saleable and in the same condition as that in which they were delivered or collected. If the Seller accepts a cancellation by the Customer in relation to any or all of the Goods, the Seller shall have the right to charge the Customer, or to deduct from any credit due to the Customer, an administration charge not exceeding 15% of the price of such Goods.
Goods which have been supplied in accordance with the Customer's order but which are subsequently returned, will only be credited if the Seller's written agreement to the return has first been obtained, and the price at which the Goods will be credited has been agreed. The Seller reserves the right to make a charge where necessary to cover the Seller's costs in putting the Goods so returned into a re-saleable condition.
The Seller shall be entitled to invoice the Customer for the price of the Goods and/or Services on or at any time after delivery, collection or notification that the Goods and/or Services are awaiting collection. Payment shall be made by the Customer immediately upon receipt of the Seller's invoice and if the purchase price or any part thereof is not paid within 20 days after the end of the month of being invoiced, the Seller shall be entitled to charge and the Customer shall pay interest calculated at the rate of 2.25% per month upon the purchase price or any part of the purchase price which is outstanding. Should the Customer not pay within the Sellers terms the Seller can engage an outside agency to assist with collection and the Customer agrees to pay the agency’s collection fee in addition to any interest together with any charges specified in the ‘Late Payment of Commercial Debts (Interest) Act 1998’.
Risk of damage to or loss of the Goods and/or Services shall pass to the Customer following receipt of the said Goods and/or Services by the Customer.
The ownership of Goods and/or Services delivered by the Company will only be transferred to the Customer when they have met all that is owed to the Company no matter on what grounds. All risk in the Goods and/or Services shall pass to the buyer but the legal and beneficial title to the Goods and/or Services shall not pass to the buyer until all monies owed by the buyer to the Seller both in respect of this contract and any other subsisting contract between the buyer and Seller have been paid to the seller. Until the date of such payment the buyer will hold the Goods and/or Services in a fiduciary capacity for the Seller so that in the event of prior resale the Seller shall be entitled in law and equity to the proceeds of such sale or any claim for the same. The buyer shall if the Seller so requests store the Goods and/or Services in such a way that they are clearly shown to be the property of the Seller.
No waiver by the seller or any breach of the Contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision.
Whilst every effort is made to manufacture the sizes agreed, slight variations can occur in manufacture. The Customer agrees to accept variations up to the British Standards Institution tolerance. For a metric figure it is +/- 1.25% as specified in BS3665 – clause 3.
Whilst every effort is taken to ensure that goods are made from sound materials and by good workmanship the Seller shall not be liable for any compensation above the original cost of the goods. Shading in carpets, particularly cut pile carpets are liable to show light or dark patches due to the goods being subjected to uneven and or concentrated pressure in use and is not due to any fault in the manufacture and therefore the Seller will accept no responsibility for shading and the Customer agrees to this. Although every care is taken with materials and dyestuffs, carpets in common with other textiles cannot be dyed absolutely fast to light. Light or delicate shades are particularly prone to soiling in wear and may give the appearance of fading. This is not a manufacturing fault and the Seller will accept no responsibility for fading and the Customer agrees to this. No liability is accepted for Goods damaged as a result of cleaning. The Seller will accept no responsibility for shrinkage of carpets unless they were secured to the floor in an approved manner according to BS 5325. Claims for shrinkage of carpets installed in areas subject to excessive moisture (i.e. bathrooms) will not be accepted.
If any provision of these conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.
The Contract shall be governed by the laws of England and shall be subject to the jurisdiction of the English Courts.
The Contract of which these conditions form part is personal to the Customer who shall not assign the benefit thereof without the Seller's prior written consent.
The period quoted for delivery is an estimate only, as given verbally or on the order acknowledgement. The Seller will use its best endeavours to deliver the Goods within the specified date but shall not be liable in any way for delay in delivery arising from any cause whatsoever. Delivery of an order may be delayed should the Customer’s agreed credit limit be exceeded or payment for any previous deliveries remain outstanding and subject to the Sellers discretion. The Seller shall not be liable in any way for this delay and is not liable for any breach in contract that may occur by the Customer as a result of any delay. The Customer accepts sole and full responsibility for any of these delays.
Goods must be checked on receipt and details of any shortage or damage must be endorsed on the delivery note and the shortage or damage must be notified in writing to the Seller within 3 working days of receipt of the Goods. Carpet must be inspected prior to and before being prepared for laying. Claims for manufacturing faults cannot be accepted after the carpet has been cut and or laid.
In the event the Customer ceases to trade or should the legal identity of the Customer be subject to change in any way the Customer must inform the Seller immediately in writing by registered post.