HARMONY CARPETS—CONDITIONS OF SALE
1. Terms of payment
a) Payment is due strictly according to the terms laid down in our quotation.
b) We reserve the right to charge interest on outstanding invoices if not paid according to agreed terms. The contractual late payment interest rate shall be 10% and shall be applied at the time that the account is deemed to be overdue. In addition to this all court fees and recovery charges incurred in pursuit of the debt will be the responsibility of the customer and will be legally enforceable.
c) Unless and until the company approves a company or individual to open a credit account, the client must pay for all goods in full prior to delivery if said goods are provided on a supply-only basis, and must pay a 50% deposit where goods AND services are to be provided.
2) Quotations and Estimates
a) All quotations and estimates are based on the information available to the company at the time the relevant quotation or estimate is given, and are valid for 30 days from the date of issue.
b) In the event that an order is placed in reliance on a quotation or estimate, the company reserves the right to vary the price for the work if the order requires any variation to the services or materials contemplated by the quotation.
c) In the event that any such variation is significant the company will use its reasonable endeavours to inform the client of the anticipated variation prior to completion of the work.
The company accepts no liability for any error arising from the clients failure to provide full and unambiguous instructions.
4) Customer Obligations
a) The customer shall clear the area to be floored of all furniture and fittings prior to the work being carried out unless previously expressly agreed to the contrary in the Quotation or with the supplier in writing. Where Harmony Carpets are required to move furniture and fittings, it shall be at the customers own risk and contra-charges from the customer for damage to furniture or fittings that we have been instructed to move shall not be accepted.
b) The Customer shall remove all existing floor coverings from the area to be floored unless previously expressly agreed to the contrary in the Proposal or with the supplier in writing.
c) The Customer shall take all reasonable steps to ensure that the Supplier does not sustain any damage or loss to any materials, tools or equipment stored on site.
5) Supplier Obligations
a) The Supplier shall supply the Services and/or Products as specified in the proposal.
b) The Supplier shall perform the Services with reasonable skill and care and to a reasonable standard and in accordance with accepted codes of practice.
The Supplier shall comply with all relevant health and safety regultions.
d) The Supplier shall endeavour to match colours and finishes where possible, but such consistency cannot be guaranteed due to the nature of the goods.
e) The Supplier shall hold valid employer and public liability policies.
Times and dates of delivery are given in good faith by the Company as an indication of the estimated delivery time but time of delivery is not of the essence of the contract.
7) Title to Goods
a) The title to any goods supplied by the company shall not pass to the client until such time as they have been paid for in full
b) The client hereby authorises and gives licence to the company, its servants or agents, to enter any premises where any goods supplied by the company and not paid for may be as the agent of the client and to remove the same without prior notice.
a) The delivery of an order to the company shall be deemed to be an acceptance by the client of these terms and conditions.
b) In the event that any order placed with the company seeks to impose any terms and conditions which differ from or are in conflict with these terms and conditions the client agrees that the terms and conditions here set out will take precedence.
9) Specification of Goods: Defects
It is the responsibility of the Customer to examine goods supplied by the company and to notify the Company of any defects or errors in writing within seven days and for the Company to be given the opportunity to correct such defects or errors. In the absence of such notification the customer shall be deemed to have accepted the goods.
10) Invoice Disputes
Customers are not entitled to withhold payment on invoices, or make deductions from invoices against items which are not in dispute. Unless written notification of a dispute is received within seven days of invoice date, the invoice will be deemed to be correct and payable as per our standard terms and conditions.
11) Data Protection Act
To comply with Data Protection Act of 1984 we are required to inform you that we have recorded your name and address on our computer for the sole purpose of sending you our quotation and other information. Your name and address will not be given to third parties.
No variation to these terms will be accepted by the company unless the same are in writing and signed on the company’s behalf by a director of the Company.
13) Force Majeure
We will not be under any liability whatsoever in the event that we are prevented or delayed from supplying or making delivery of any Goods or Services by any reason or cause beyond our control.