TERMS AND CONDITIONS OF SALE
GALACROFT FLOORS LTD
All contracts between Galacroft and the Customer shall be governed by English law for the sale of goods and supply of services.
The Customer accepts that these terms and conditions shall apply to any contracts between the parties in preference to the Customer’s own terms and conditions if any. Previous dealings between Galacroft and the Customer shall not vary or replace these terms and conditions in any way what so ever The parties to the contract are:
the Customer and Galacroft Floors Limited whose registered office is 8 Barningham Way, Kingsbury, London, NW9 8AU.
Any condition held to be invalid will not affect other conditions. A decision not to enforce any condition will not diminish the rights of any party No alteration or variation of the terms and conditions shall be accepted by Galacrolt unless such alteration or variation is signed by the Directors of Galacroft. The signatory warrants authorisation by the Customer to enter into the contract and indemnifies Galacroft against all losses and costs incurred where such authority is misrepresented.
‘Galacroft’ shall include Galacroft Floors Limited, its servants or agents.
‘Goods’ shall mean all the materials specified on the Order Confirmation and/or the Invoice.’Price’ shall mean the total price on the Order Confirmation and/or the Invoice for Goods, including VAT ‘Deposit shall mean the deposit requested.
‘Special Requirements’ shall mean the Customer’s requirements specified on the Order Confirmation and/or the Invoice.
If the Customer terminates this contract before manufacture of the goods has commenced,then the customer shall pay 20% of the contract price. A cancellation cannot be accepted once manufacture has commenced.
Because all our products are hand finished please allow at least 7-10 working days. We will of course give you an exact delivery date once your product has been sent down to production.
All deliveries are made to the nearest kerbside, but if you have any problems with access you must inform us. Please try and assist the driver in unloading wherever possible.
Deliveries will be made wherever possible between 9.00 am and 6.00 pm. For an exact delivery time please feel free to call the day.
You must be present at the time of delivery to sign for the goods, and whenever necessary, to show proof of credit card.
Whilst we make every effort to ensure that your goods are delivered in perfect condition, you must inspect your goods upon delivery as no claims for damages can be accepted after the driver has left. Any damages must be signed for.
Any goods refused on delivery and subsequently returned, will be replaced. However, if there is found to be no damage, a return delivery will be charged for. Please also note we cannot leave any goods with neighbours, or outside houses. You or a representative must be present on delivery.
Any claims re damaged goods or faults must be made within 14days of receipt of goods.
We do not accept responsibility for late deliveries, and you should not book other tradesmen before your goods have arrived.
Any goods not signed for will be returned to our workshops, and another delivery will be chargeable.
RISK IN GOODS
Risk of damage to, or loss of the Goods, shall pass to the Customer at the time of delivery.
EXTENT OF CONTRACT
The Customer must ensure that any statement made on
behalf of Galacroft prior to or at the signing of this contract, which statement is not included in this contract, is specified in writing and signed by the Directors or their duly appointed representative.
All descriptions and illustrations contained in Galacroft’s catalogues, price lists and advertisements, or otherwise communicated to the Customer, are intended merely to present a general idea of the Goods described therein,
and nothing contained in any of them shall form any part of the contract. Not with standing that a sample of the Goods may have been presented to and inspected by the Customer, it is hereby agreed that such sample was so presented and inspected solely to enable the Customer to judge for himself the quality of the bulk and shall not constitute a sale by sample.
a) Non account customers
The customer agrees to pay the full amount upon ordering.
b) Account customer.
The customer agrees to pay invoices within 30 days of invoice date. Terms of payment shall in no circumstance exceed credit limit
c) Non payment.
If the above terms are not adhered to Galacroft is entitled to: (i) Remove credit facilities for such customers and
(ii) Charge interest on total amount unpaid calculated on a daily basis at the rate of 4% per annum above the base rate for Galacroft’s Banker, from the date on which payment is due until payment is made in full, and
(iii) Charge an administration fee of £100 as compensation for the time spent by Galacroft in connection with the administration of the account and for the recovery of amounts due and/or goods. Galacroft reserves the right to alter or withdraw the credit limit at any time.
Galacroft warrants that only good quality new materials will be supplied, unless reclaimed materials are requested, but reserves the right to substitute items of similar quality, specification and performance when necessary. From time to time Galacrolt will have available goods of a ‘factory’ nature. These goods are in no way guaranteed, but Customers will be informed before purchasing such products.
b) Title to the good
All goods supplied by Galacroft remain the property of Galacroft until Galacroft has received both payment therefore and payment of any other monies due from the Customer to Galacroft and it is a condition of any contract that the Customer is deemed to have given his irrevocable authority for Galacroft to enter upon his land and remove goods at any time and/or sever from the Customers land or that of any person or company who has notice of these conditions any goods belonging to Galacroft which may have become a fixture. Not with standing the foregoing, from the time when the Customer has collected goods, or when Galacroft has delivered goods either to the Customer or to an independent carrier, then the risk therein and all liability to third parties in respect thereof shall pass to the Customer, and the Customer shall accept the responsibility for, and shall
carry the loss arising from damage to Galacroft’s goods however caused.
c) Returned Goods
Galacroft shall not be obliged to accept the return of any goods unless specific authority is obtained from the Directors of Galacroft. Except in the case of faulty merchandise or error in completion of any order. All authorized returns must be forwarded carriage paid and in full standard packs
in resalable condition.
In the event of any complaint that goods delivered do not comply with the order or are otherwise defective in regard to quality, the Customer shall notify Galacroft in writing of the nature of such complaint not later than 14 days from
the date of delivery of such goods to the Customer, and afford to Galacroft all reasonable facilities for the inspection and testing of the goods complained of. Claims for faults discernible on inspection, such as size, colour, flashing, pattern or texture will not be considered if made after the goods are cut, processed, installed or otherwise altered from the condition in which they were dispatched to the customer. Goods subject to complaint may at the sole option of Galacroft and at its sole discretion either be replaced so as to comply with the order, or a cash allowance not exceeding the amount of the purchase price of such goods be made to the Customer.
Galacroft’s liability shall in no case exceed the price paid for the goods, and in no circumstances will Galacroft be responsible for loss of profits or any other expenses, direct or indirect, consequential or contingent attributable to defects in material or manufacture or otherwise.
e) The initial inspection responsibility shall be with the Customer of Galacroft. No action will be taken by Galacroft until a full written report is received by Galacroft from the Customer.
Tile guarantee will be according to tile manufacturers certificate of guarantee – Terms & Conditions are available on request.
a) Hardwood flooring is a natural material and as such in time small scratches and dents will occur.
b) Hardwood flooring is a natural product and will be subject to movement over time; as such small gaps and height differences are to be expected.
c) Galacroft will entertain no complaints on floors not installed according to the manufacturer’s or Galacroft’s installation instructions.