Conditions of Sale and Order

STEVE’S DISCOUNT CARPETS AND TIMBER (‘the Company’) hereby agrees to supply the goods and/or services described overleaf to the purchaser named overleaf (‘the Customer’) under the following terms and conditions:

1.Title in all carpet, vinyl, timber flooring and underlay (floor coverings) remains with the company until payment in full of the purchase price.

2. (a) No right title or interest in or to any floor covering provided by the company shall pass to any customer until payment of the purchase price is made in full and the customer hereby acknowledges that no claim in respect of such right title or interest shall be made until such payment is made in full.
(b) Failure to pay the purchase price in full when due shall entitle the company to rescind this contract and sue for the balance of such purchase price without prejudice and in addition to any other rights of the company as herein provided,
(c) In the event of nonpayment of the purchase price in full the customer hereby irrevocably authorizes the company or any authorized employee or agent of the company to enter upon the premises where any such floor covering is then placed for the purpose of recovering any such floor covering and no claims or demand shall be made against the company its employees or agents in relation any claims for damages allegedly arising from the said recovery including, but not limited to, any action for damages to the premises at which the floor covering are then kept.
(d) In the event of any claim or demand being made against the company, its servant or agents as a consequence of the recovery of any floor covering pursuant to sub-clause (c) hereon the customer will indemnify and keep indemnified the company, its servants and agents from any such claim or demand including, but not limited to, any claim for damages or action or action for trespass.
(e) The customer hereby irrevocably authorizes the company, its servants and agents to enter upon any premises at which the floor coverings are to be installed and/or kept while any part of the purchase price for such floor covering remains unpaid for the purpose of removing such floor covering and the customer warrants that it has the power to grant such authority.

3. Unless otherwise stated, no allowance in the purchase has been made for:
(a) preparation for the subfloor;
(b) cleaning and polishing; and
(c) shifting furniture or removal of existing floor coverings and the customer acknowledges it shall be liable for any cost of expenses incurred by on behalf of the company in relation to the above items. The customer otherwise acknowledges it shall be responsible for the disconnection and shifting of all gas and electrical appliances, removal of furniture from floor areas to be covered and removal of the existing floor coverings.

4. The customer shall notify the company of any defects or irregularities in the subfloor prior to the application and/or laying of any floor coverings and the customer acknowledges the company shall not be liable for any aesthetic or material defects, faults or damage arising in or to any floor coverings as a result of the defects or irregularities in the subfloor.

5. lt shall be the customers responsibility to ensure availability of electricity and keys for access to the property at which the floor coverings are to be installed or kept and the company shall not be responsible for any loss or damage caused by or arising from any delay as a result of such failure to supply electricity or keys as hereinbefore mentioned.

6. The customer otherwise acknowledges:
(a) colour shades in floor coverings supplied may vary from samples shown;
(b) movement of carpet fibres In different directions after installation of some cut pile carpets may cause random light and/or dark areas as a result of normal wear;
(c) the outline of hardboard underlay joins may be apparent on highly polished or smooth resilient floor coverings under certain light conditions;
(d ) edge trimming may leave scratches on certain paints and/or stains; and no claim or demand for any loss or damage allegedly arising from any matter referred to in sub clause (a) to (d) inclusive shall be made.

7. This order shall be irrevocable and may not be cancelled by the customer at any time where it relates to the supply of product lines which are not normally stocked by the company or which have been ordered by the company at the specific request of the customer.

8. ln the event of any conflict between these terms and any Statute wherever made these terms shall be read so as to avoid any such conflict.

9. The Customer acknowledges the company shall not be liable for any loss or damage caused by or arising from any delay in the delivery of any product whatsoever by the company and no claim in respect of the same shall be made.

10. The Customer acknowledges that these conditions and any endorsements overleaf are the inclusive terms of the supply of floor coverings or other products by the company and may only be varied in writing by agreement with the company or its authorized agent.

11. All products sold as seconds do not carry any warranty whatsoever, no refunds will be available for sales of this nature.

12. TERMS OF PAYMENT
(a) 50% of the total cost of goods and services is to be paid at the time of signing the quotation; and
(b) the balance of monies owing under the Contract, including any variations is strictly payable upon completion of the job in cash, or by other prior agreed
method.

13. (a) Should the Customer fail to pay the full amount or part thereof and the account remains outstanding for 7 days from the date of completion of the works or as otherwise agreed, the Customer will be charged interest according to the rate for the applicable time under Section 2 of the Penalty Interest Rates Act 1983. Penalty Interest shall accrue daily on all amounts outstanding from the date when payment becomes due, until the date when payment is made.
(b) If accounts remain unpaid, the Customer agrees to indemnify the Company against all costs and disbursements incurred in pursuing the debt including legal costs on a solicitor/client basis and any other applicable collection agency costs.