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TERMS & CONDITIONS

ALL FLOORING

1. PIPES & CABLES: We are unable to accept liability for damage to pipes and cables if less than 3cm under sub floor (in contravention of building regulations) unless previously advised of pipes whereabouts.

2. SKIRTINGS; Skirtings particularly when freshly painted may require some touching up after fitting.

3. CEILINGS: Particularly in old or recently refurbished properties, banging down gripper in upstairs rooms may affect plaster in rooms downstairs. We can accept no liability for damage caused in this way to you or your neighbours’ property. Sound plaster will not be affected by our work.

4. COMPUTERS/ AUDIO/ TV’S etc: Please unwire these items prior to fitting if they need to be moved.

5. CLEANING: Professional cleaning recommended or please visit consumer’s maintenance guide on www.flooring-guild.co.uk

6. TILED FLOORS: Please ensure that tilers leave a straight finished edge in doorways for us to fit up to.

7. CHANGES AFTER SURVEY. Please advice us of any changes to site after we have visited to quote. Please be particularly aware that changes to level in adjoining areas we are flooring (for example new limestone floor in bathroom next to carpeted hall) may necessitate different accessories. Any additional materials or labour required might be chargeable.

8. PARKING: Please advise us of any parking restrictions and whether a permit will be required.

9. DOOR TRIMS: If door trimming is required, we can arrange this via a specialist company at a cost of £35 for the first door and £15 thereafter. This may be payable directly to the contractor.

10. CANCELLATIONS: It may not be possible to cancel orders once the carpet or flooring has been cut by the supplier.

11. FURNITURE & BREAKABLES: Our quote for moving furniture is on the basis that books, china, glass and ornaments etc. will have been removed in advance.

12. WARDROBES: If you wish us to move wardrobes, this will be done at customers own risk, unless taken to pieces prior to our arrival. We will not be responsible for damage unless taken to pieces.

CARPETS

13. STAIRS: When Stair Runners are fitted it may cause the paint between the flat and the riser to crack which may entail some minor touching up afterwards.

14. CARPET FOUNDATION: We are founder members of Carpet Foundation organization and abide by their consumer code of practice and deposit protection scheme (www.carpetfoundation.com).

15. UNDERFLOOR HEATING. Please advise us specifically at point of order if you are planning to install flooring over under floor heating

16. SHADE VARIATION: (i) Like all dyed materials, carpets can vary slightly in shade between different batches (e.g. between sample and carpet supplied) (ii) Velvet and cut pile carpet may develop light and dark patches, this shading or pooling is not a defect and will not affect the wear of your carpet.

17. PILE REVERSAL: Pile reversal is a phenomenon that can affect any cut pile or velvet carpet. It is not considered a fault

18. RESTRETCH: If carpet requires re-stretching, this will be carried out free of charge 2 years from the date of fitting.

MARMOLEUM/AMTICO/RUBBER

17. WOOD FLOORS: Wood is a natural material and can move in response to changes in heat and humidity. During this process small gaps may appear between the boards. This is a natural feature of timber flooring.

18. WOOD SAMPLES: Wood samples are representations of product actual floor may vary in colour.

WOOD FLOORS

19. MARMOLEUM: Sometimes Marmoleum will develop a yellowish tinge (stoving) during storage; this is a natural reaction, which will disappear over a day or two when exposed to light.

20. SUB-FLOOR: This quotation assumes the sub floor is suitable to lay to. However, if sub-floor is covered by existing flooring it may not be possible to inspect fully. Therefore if after removing the existing floor covering, we find extra work is required there may be additional charges.

21. SMOOTHING OF FLOORS. When fitting smooth floors (Amtico, Rubber, Marmoleum) the Floor will be smoothed to take out as much unevenness as possible. It will not always be possible to make the floor totally even. Contours of the sub-floor will be visible this is especially the case with plain flooring.

GENERAL

1. FORMATION OF CONTRACT: The Contract between the Seller and the Purchaser comprises the Confirmation of Order signed by the Seller (the ‘Order’) and these Terms and Conditions. Any other terms proposed by the Purchaser are excluded

2. PRICE & PAYMENT: A 50% deposit is required on order. The balance is to be paid in full prior to fitting. Please note: All pre-payments are protected by the Carpet Foundation Deposit Scheme www.carpetfoundation.com

3. DELIVERY & INSTALLATION: All delivery and installation dates given by the Seller are given in good faith but dates are not guaranteed and the Seller will not be liable to the Purchaser for any delay in delivery. The Seller will notify the Purchaser when the Products are ready for delivery.

4. OWNERSHIP & RISK: The risk of loss or damage to the Products passes to the Purchaser upon delivery or installation. Ownership in the Products will remain with the Seller until payment in full of all amounts due from the Purchaser have been received by the Seller.

5. LIABILITY: The Seller does not limit or exclude any liability for fraud or for death or personal injury resulting from the Seller’s negligence. Otherwise, the Seller’s liability is limited to the cost of replacing the Goods under a Contract in relation to the Buyer’s claim. Under no circumstances whatever shall the Seller be liable for losses special to the particular circumstances of the Buyer or in connection to: indirect loss; loss of profits; damage to goodwill reputation; damage to property; wasted expenditure; consequential losses; economic loss; special damages and indirect losses; business interruption, loss of business, contracts, opportunity and/or production.

6. WARRANTY & LIABILITY: The Seller will exercise reasonable skill and care in the manufacture or preparation of Products (where applicable). Any defects should be notified within one month of delivery or installation. When the Seller accepts that the defect is due to faulty workmanship or materials the Seller will have the option either to repair or replace the defective Product. The warranty given above will not apply to defects which are due to: fair wear and tear, accidental damage or failure by the Purchaser to adhere to the Seller’s recommendations.

7. FORCE MAJEURE: The Seller will not have any liability to the Buyer if prevented from performing the Contract on account of force majeure which includes, but is not limited to severe weather conditions, war, terrorism, strikes or difficulty in obtaining materials and labour. In any of these circumstances, the Seller reserves the right to cancel or delay the Order.

8. LAW & DISPUTES: The contract between Seller and Purchaser is governed by English Law. Any dispute will be referred to mediation at the request of either party. CEDR (the Centre for Effective Dispute Resolution) will arrange the mediation. Any dispute that is not settled will be resolved in the English Courts.

9. RETENTION OF TITLE. All goods remain property of Brocklehurst Flooring until paid for in full

10. SPECIFICATION: Save as provided in these conditions, the quantity, quality an description of the Goods shall be as expressed in the Quotation or (if different) in the Order and/or in any applicable specifications supplied or advised by the Seller to the Buyer. The Buyer is responsible for checking the Quotation and satisfying itself that any specification including in the case of Made to Measure Goods given is accurate and adequate. The Seller reserves the right at any time to alter the dimensions or composition of the Goods to conform to applicable standards or laws or otherwise within reasonable limits having regard to the nature of the Goods. The Goods shall be of satisfactory quality and reasonably fit for the purpose of merchandise of the nature of the Goods. The Buyer acknowledges that: unlike machine-woven Goods; hand-woven or hand-knotted Goods ordered from the Seller will not have a uniform finish and agrees that the Seller shall not be liable for any discrepancies in such hand-woven or hand-knotted Goods including but not limited to slight variations in colour and weave unless caused by the Seller’s negligence; velvet hand-woven carpets may show Pile Reversal and that such Pile Reversal is not a manufacturing defect.