TERMS AND CONDITIONS

GALACROFT FLOORS LTD
GENERAL

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 91 Ballards Lanexxxxx

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.

DEFINITIONS

‘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.

TERMINATION

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

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.

SALES MATERIALS

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.

PAYMENT

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 ill 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.

MATERIALS

a) Quality

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 autl10rity 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.

d) Complaint

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.

GALACROFT GUARANTEE

Tile guarantee will be according to tile manufacturers certificate of guarantee- Terms & Conditions are available on request

EXCLUSIONS

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.