1. For the purpose of these terms & conditions the following words shall have the following meanings:
(a) “The Company” shall mean Shafique Dossa Trading as The Ultimate Flooring 46A Friars Stile Road, Richmond, Greater London TW10 6NQ
(b) “The Customer” shall mean the person or organisation for whom the Company agrees to carry out works &/or supply materials.
2. The Company reserves the right to refuse or decline work at its own discretion. Where the Company agrees to carry out works for the Customer those works shall be undertaken by the designated operative of the Company at its absolute discretion.
3. Quotations will only remain valid for 30 days and subject to reconfirmation by the Company at time of order.
(i) where a quotation has been supplied by the Company to the Customer the total charge to the Customer may be revised in the following circumstances:—
(ii) if after submission of the quotation the Customer instructs the Company (whether orally or in writing) to carry out additional works not referred to in the estimate.
(iii) if after submission of the quotation there is an increase in the price of materials.
(iv) if after submission of the quotation it is discovered that further works need to be carried out which were not anticipated when the estimate was prepared.
(v) if after submission of the quotation it is discovered that there was a manifest error when the estimate was prepared.
(vi) The Company must receive payment in full for goods ordered before order can be accepted unless otherwise agreed in writing.
(vii) The Company requires the Customer to pay a deposit to cover the cost of goods used for fitting/renovating floors. Balance money is due immediately upon completion of job.
(viii) For renovation work The Company requires the Customer to pay a deposit of 25% at time of acceptance of work; balance 75% immediately upon completion of job.
(ix) The Company reserves the right to exercise their statutory right to claim interest and compensation for debt recovery cost under payment legislation if they are not paid accordingly under the above terms
4. The Company will endeavour to hold sufficient stock to meet all orders. The Company reserves the right to supply or deliver a substituted product at the Company’s discretion or refund the Customer the price paid for such goods.
5. If the Customer cancels their order prior to any delivery being carried out or materials supplied then the Customer shall be liable for any related expenditure together with the profit that would have been made by the Company had the work been carried out &/or materials supplied in accordance with such instructions.
6. On cancellation, you must return the goods to the Company at the cost of the Customer unless the goods are being returned because they are faulty, incorrect goods or because of unsuitable substitution by the Company, in which case the Company will meet the cost of return but ask that the Customer allow the Company to nominate the carrier.
7. A restocking fee of 30% of the purchase price will be charged on all goods returned to the Company, which prove be non-defective. An additional cost for collection will also be charged if collected by the Company.
8. Where the date &/or time for works to be carried out is agreed by the Company with the Customer, then the Company shall use its best endeavours to ensure to attend on the date & at the time agreed. However, the Company accepts no liability in respect of the non-attendance or late attendance for the late of goods.
9. If, after the Company shall have carried out the works, the Customer is not wholly satisfied with the works then the Customer shall give notice in writing within two working days to the Company & shall afford the Company the opportunity of both inspecting such works, & carrying out any necessary remedial works if appropriate. The Customer accepts that if he fails to notify the Company as aforesaid then the Company shall not be liable in respect of any defects in the works carried out.
10. The Guarantee shall be for labour only in respect of faulty workmanship for 12 months from the date of completion with the manufacturer’s warranty in force. The Guarantee will become null & void if the work/appliance completed/supplied by the Company is:
(i) Subject to misuse or negligence.
(ii) Repaired, modified or tampered with by anyone other than a Company operative. The Company will accept no liability for, or guarantee suitability, materials supplied by the Customer & will accept no liability for any consequential damage or fault.
(iii) Work is guaranteed only in respect of work directly undertaken by the Company & payment in full has been made. Any non-related faults arising from recommended work which has not been undertaken by the Company will not be guaranteed.
11. These terms & conditions may not be released, discharges, supplemented, interpreted, varied or modified in any manner except by an instrument in writing signed by a duly authorised representative of the Company & by the Customer. Further, these terms & conditions shall prevail over any terms & conditions used by the Customer or contained or set out or referred to in any documentation sent by the Customer to the Company; by entering into a contact with the Company the Customer agrees irrevocably to waive the application of any such terms & conditions.
12. Title to any goods, supplied by the Company to the Customer shall not pass to the Customer but shall be retained by the Company until payment in full for such goods has been made by the Customer to the Company.
Until such time as title in the goods has passed to the Customer:
(i) the Company shall have absolute authority to repossess, sell or otherwise deal with or dispose of all any or part of such goods in which title remains vested in the Company,
(ii) for the purpose specified in (i) above, the Company or any of its agents or authorised representatives shall be entitled at any time & without notice to enter any premises in which goods or any part thereof is installed, stored or kept, or is reasonably believed so to be.
(iii) the Company shall be entitled to seek a court injunction to prevent the Customer from selling, transferred or otherwise disposing of such goods.
(iv) Notwithstanding the foregoing, risk in such goods shall pass on delivery of the same to the Customer, & until such time as title in such goods has passed to the Customer, the Customer shall insure such goods to their replacement value & the Customer shall forthwith, upon request, provide the Company with a certificate or other evidence of such Insurance.
13. The Company shall not be liable for any delay or for the consequences of any delay in performing any of its obligations if such delay is due to any cause whatsoever beyond its reasonable control, & the Company shall be entitled to a reasonable extension of the time for performing such obligations.
14. The Company shall only be liable for rectifying works completed by the Company & shall not be held responsible for ensuing damage or claims resulting from this or other work overlooked or subsequently requested & not undertaken at that time.
These terms & conditions & all contacts awarded between the Company & Customer shall be governed & construed in accordance with English law & shall be subject to the exclusive jurisdiction of the English law.