Skip to content

Terms of Business

NATIONAL FLOORCOVERINGS LTD

Conditions of Sale

1.    Definitions

1.1    'Buyer'
Means the person who buys or agrees to buy the goods from the Seller.

1.2    'Conditions'
Means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller

1.3    'Delivery Date'
Means the date specified by the Seller when the goods are to be delivered.

1.4    'Goods'
Means the articles which the Buyer agrees to buy from the Seller

1.5    'Price'
Means the price for the Goods excluding carriage, packaging, insurance and VAT.

1.6    'Seller'
Means National Floorcoverings Ltd, Wellington Mills, Liversedge, West Yorkshire WF15 7FH

2.    Conditions applicable

2.1    These Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions including any terms or conditions which the Buyer may purport to apply under any purchase order confirmation of order or similar document

2.2    All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Conditions

2.3    Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer's acceptance of these Conditions.

2.4    Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller

3.    The Price and Payment

3.1    The Price shall be the Seller's quoted price as set out in the Seller's current price list, a copy of which is available on request.  The Price is exclusive of VAT which shall be due at the rate ruling on the date of the Seller's invoice

3.2    Payment of the Price and VAT shall be due on the 20th day of the month following the month of the invoice. Time for payment shall be of the essence

3.3    Interest on overdue invoices shall accrue from the date when payment becomes due from the day to day until the date of payment at a rate of 2.5% per month and shall accrue at such a rate after as well as before any judgement.

3.4    The Seller reserves the right to withhold delivery until suitable credit facilities are approved, during which period, delivery will only be made on full payment having been received and cleared.

4.    The Goods

The description of the Goods as set out in the Seller's specification/price list.

5.    Warranties and liability

5.1    The goods shall be manufactured and supplied in accordance with the description contained in the Seller's specification and manufactured in accordance with all applicable British Standards which relate specifically to the Goods.

5.2    The Seller may from time to time make changes in the specification of the Goods which are required to comply with an applicable safety or statutory requirements or which do not materially affect the quality or fitness for the purpose of the Goods.

5.3    Unless specifically agreed in writing between the Seller and Buyer, the Seller makes no warranty relating to fitness for purpose.

6.    Delivery of the Goods

6.1    Delivery of the Goods shall be made to the Buyer's stated delivery address on the Delivery Date. Out standard delivery cycle is 3 days. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.

6.2    The Seller accepts no liability for late delivery, and time for performance of the Seller's obligation to deliver is not of the essence.

6.3    If the Goods are lost or damaged in transit, the carriers note must be endorsed accordingly and the Seller notified within 24 hours of deliver of the Goods.

7.    Acceptance of the Goods

7.1    The Buyer shall be deemed to have accepted the Goods 24 hours after delivery to the Buyer

7.2    After acceptance the Buyer shall not be entitled to reject Goods which are not in accordance with the contract

8.    Title and risk

8.1    The Goods shall be at the Buyer's risk as from delivery

8.2    In spite of delivery having been made property in the Goods shall not pass from the Seller until

8.2.1    The Buyer shall have paid the price plus VAT (where chargeable) in full; and

8.2.2    No other sums whatsoever shall be due from the Buyer to the Seller

8.3    Until the property in the Goods passes to the Buyer in accordance with Clause 8.2 the Buyer shall hold the Goods and each of them on a fiduciary basis as bailee for the Seller.  The Buyer shall store the Goods (at no cost to the Seller) separately from all other goods in its possession and marked in such a way that they are clearly identified as the Seller's property.

8.4    Notwithstanding that the Goods (or any of them) remain the property of the Seller the Buyer may sell or use the Goods in the ordinary cause of the Buyer's business at full market value for the account of the Seller. Any such sale or dealing shall be a sale or use of the Seller's property by the Buyer on the Buyer's own behalf and the Buyer shall deal as principal when making such sales or dealings.  Until property in the Goods passes from the Seller the entire proceeds of sale or otherwise of the Goods shall be held in trust for the Seller and shall not be mixed with any other money or paid into any overdrawn bank account and shall be at all material times identified as the Seller's money.

8.5    The Seller shall be entitled to recover the price (plus VAT) notwithstanding that property in any of the Goods has not passed from the Seller.

8.6    Until such time as the property in the Goods passes, from the Seller the Buyer shall upon request deliver up such of the Goods as have not ceased to be in existence or be resold to the Seller.  If the Buyer fails to do so the Seller may enter upon any premises owned or occupied or controlled by the Buyer where the Goods are situated and repossess the Goods.  On the making of such request the rights of the Buyer under clause 8.4 shall cease.

8.7    The Buyer shall not pledge or in any way charge by way of security for indebtedness any of the Goods which are the property of the Seller.  Without Prejudice to the other rights of the Seller, if the Buyer does so all sums whatever owing by the Buyer to the Seller shall forthwith become due unpayable.

8.8     The Buyer shall insure and keep insured the Goods to the full price against all risks to the reasonable satisfaction of the Seller until the date that property in the Goods passes from the Seller, and shall whenever requested by the Seller produce a copy of the policy of insurance.  Without Prejudice to the other rights of the Seller, if the Buyer fails to do so all sums whatsoever owing by the Buyer to the Seller shall forthwith become due and payable. 

8.9    The Buyer shall promptly deliver the prescribed particulars of this contract to the registrar in accordance with the Company's Act 1985 Part XII. Without prejudice to the other rights of the Seller if the Buyer fails to do so all sums whatever owing by the Buyer to the Seller shall forthwith become due and payable.

9.    Remedies of Buyer

9.1    Where the Buyer rejects any Goods then the Buyer shall have no further rights whatever in respect of the supply to the Buyer of such Goods or the failure by the Seller to supply Goods which conform to the contract of sale

9.2    Where the Buyer accepts or has been deemed to have accepted any Goods then the Seller shall have no liability whatever to the Buyer in respect of those Goods

9.3    The Seller shall not be liable to the Buyer for late delivery or short delivery of the Goods.

9.4    The Seller shall be under no liability whatsoever to the Buyer for any indirect loss and/or expense (including loss of profit) suffered by the Buyer arising out of a breach by the Seller of this contract.

9.5    In the event of any breach of this contract by the Seller the remedies of the Buyer shall be limited to damages.  Under no circumstances shall the liability of the seller exceed the price of the Goods.

10.    Special Terms

10.1     All sheet carpets sold and supplied by the Seller are subject to a width tolerance in accordance with relevant British Standards.

10.2     For technical reasons, as with all textile materials, it is not possible to colour match in different batches.  Orders to colour match must be placed at the same time.

10.3     Orders with a net value of £125 or less will be subject to an additional surcharge.

11    Defects

The Seller may replace free of charge any Goods supplied to its normal standard, found on examination by the Seller to be defective in the material or workmanship, provided that notification of the defect is made in writing by the Buyer and received by the Seller within 28 days of the date of delivery.  The Seller's liability will be as defined in clause 9 herein.  The carpet must be laid in accordance with the Seller's laying instructions in a location with intensity of wear corresponding to the description given to the material.  The Seller does not accept any responsibility for complaints arising from faulty laying and installation

11.1     Shading is not a fault, it is characteristic in textile products. Shading may also occur where carpets can soil and flatten.  This is not a   manufacturing fault

12. Law

12.1 This contract is subject to the law of England and Wales, and the parties hereto agree to the exclusive jurisdiction of the Courts of England and Wales