TERMS AND CONDITIONS OF SALE
In these Conditions of Sale:
“Customer” is the person who agrees to buy goods from Cannon Carpets & Flooring Ltd
“Conditions” are the standard terms and conditions of sale set out below.
“Contract” is the contract for purchase and sale/supply of goods of which the conditions form part.
“Goods” are the goods which Cannon Carpets & Flooring Ltd are to supply.
“Cannon Carpets & Flooring Ltd” means Kingsmere Investments Limited t/a Cannon Carpets & Flooring Ltd c/o Watersplash Farm Unit Barn Fordbridge Road Sunbury on Thames Middlesex TW16 6AU
2.1 Conditions are incorporated into the Contract and supersede any other conflicting Terms or Conditions appearing in advertisements, or other literature relating to the goods and override and exclude other Terms or Conditions stipulated or incorporated or referred to by the Customer.
2.2 All orders hereafter given by the Customer are given subject to the conditions and the signing by Cannon Carpets & Flooring Ltd of the Customer’s order form or other documentation shall not imply any modification of the conditions. The Customer acknowledge that there are no representations or warranties outside the conditions and the express written terms of the contract that have induced the customer to enter into the contract.
- ORDERS AND SPECIFICATIONS
3.1 The quantity, quality and description of, and any specification for, the goods shall be those set out in Cannon Carpets & Flooring Ltd quotation (if accepted by the Customer) or the Customer’s order (if accepted by Cannon Carpets & Flooring Ltd)
3.2 Cannon Carpets & Flooring may change the specification of the goods required to conform with any applicable safety or other statutory requirement.
3.3 No order which has been accepted by Cannon Carpets & Flooring Ltd may be cancelled by the customer except with the agreement in writing of Cannon Carpets & Flooring Ltd and on terms that the customer shall indemnify Cannon Carpets & Flooring in full against all losses and costs incurred by Cannon Carpets & Flooring Ltd as a result of cancellation.
3.4 All sizes are approximate and a tolerance should be made of plus or minus 1.25% in accordance with BS3655.
4.1 Unless otherwise stated on Cannon Carpets & Flooring Ltd invoice or otherwise agreed in writing, payments of all sums due from the customer pursuant to the contract shall be made in full by the Customer without any deduction whatsoever. Interest on overdue invoices shall accrue from the date payment is due from day to day until payment at a rate 4% above bank base rate in force at the time both before and after any Judgement.
4.2 It is understood and agreed by the Customer that the obligation in respect of payment contained in clause 4.1 is a fundamental obligation and that failure to make any payment within 7 days of payment falling due shall entitle Cannon Carpets & Flooring Ltd without prejudice to its other rights and remedies to;
4.21 treat the contract as repudiated by the customer and/or
4.22 withhold delivery of any subsequent installments of the goods and/or
4.23 withhold delivery of any other relevant Goods and/or
4.24 appropriate any payment made by the customer to such of the goods or other relevant Goods supplied to the Customer by Cannon Carpets & Flooring Ltd as they may think fit
5.1 Any period or date for delivery stated in the contract is an estimate only and Cannon Carpets & Flooring Ltd shall not be liable to the consumer for any delay howsoever caused. Neither the time of despatch nor of delivery shall be of the essence, however Cannon Carpets & Flooring Ltd shall endeavour to deliver as stated in the Contract and the customer shall make all arrangements necessary to take delivery of the goods then tendered for delivery.
5.2 A failure by Cannon Carpets & Flooring to make an instalment delivery will not entitle the customer to repudiate the contract
5.3 If the customer fails to take delivery of the goods by not collecting or not accepting them or fails to give Cannon Carpets & Flooring Ltd adequate delivery instructions before the time stated for delivery then, without prejudice to any other right or remedy Cannon Carpets & Flooring Ltd may at its option store the goods until actual delivery and charge the customer for the reasonable costs of storage and insurance or sell the goods at the best price readily obtainable and (after deducting all reasonable storage insurance and selling expenses) charge the customer for any short fall below the price under the contract.
- CONDITIONS & WARRANTIES
6.1 Cannon Carpets & Flooring Ltd warrants that the goods shall correspond with the specification or description referred to in the contract except when the customer is dealing as a consumer (as defined in section 12 of the unfair contract act 1977), All other conditions warranties or other terms relating to fitness for purpose merchantability or condition of the goods whether express or implied by statute common law or otherwise are hereby excluded.
6.2 Where the goods are sold under a consumer transaction (as defined by the consumer transactions (Restrictions on Statements) order 1976 the statutory rights of the consumer are not affected by the conditions.
- LIMITATION OF LIABILITY & INDEMNITY
7.1 If there is a breach of the warranty in clause 6 or the goods (or any of them) have been lost or damaged whilst at Cannon Carpets & Flooring Ltd risk Cannon Carpets & Flooring Ltd shall at its option either rectify or replace them or refund the price paid by the customer. Under no circumstances shall the liability of Cannon Carpets & Flooring Ltd exceed the price of the goods.
7.2 To the extend permitted by law, Cannon Carpets & Flooring Ltd shall in no circumstances have any liability to the customer for any economic loss, costs, expenses suffered or incurred by the customer, or for any loss or expense arising from any claim against the customer by any other person, or for any other claim whatsoever arising by reason of the representation or any implied warranty, condition or other term or any common law duty or under any express term of the contract and arising directly or indirectly in connection with the goods or their supply or their use or resale except as expressly provided in the conditions.
FLOOR COVERINGS PIPES & CABLES
Cannon Carpets & Flooring Ltd, or their contractors, cannot be held responsible for damage done to any pipes or cables, hidden from view, or for any consequential damage to property of fittings, unless they are clearly notified beforehand. It is the customer’s responsibility to notify Cannon Carpets & Flooring Ltd, in writing if any under floor piping or cable exist prior to arranging fitting. If an error of doubt exists, we will be pleased to arrange for any fittings to be glued to the floor, for a nominal charge.
Whilst every effort is made to ensure satisfaction, exact colour/design matching cannot be guaranteed between different widths of carpet due to manufacturing tolerances over which we have no control. Neither can an exact match be guaranteed between the carpet supplied and the sample displayed in the store. Further advice on matching should be sought from your sales consultant.
Shading due to pile pressure and reversal is a characteristic of all carpets, and is particularly noticeable in plain styles. This in no way reflects a defect in the carpet or the materials used in manufacture, and does not affect the durability of same. All cut pile carpets are subject to a characteristic called shading, and all Berber carpets use random blends of colours which by result gives a lined effect. In no way do any of these characteristics affect the wearing properties of the carpet.