Terms & Conditions

1. Definitions

1.1 The ‘Company’ means City Wood Floors Ltd.
1.2 The ‘Customer’ means the customer of the Company.
1.3 The ‘Contract’ means any contract of sale of goods by the Company to the Customer.
1.4 The ‘Goods’ mean any goods forming the subject of this contract including parts and components of or materials incorporated in them.

2. Quotations

2.1 All quotations by the Company are subject to acceptance within 28 days. The Company reserves the right to withdraw a quotation at any time before it has been accepted by the Company. No quotation issued by the Company shall constitute an offer to supply goods.
2.2 Verbal Quotations for stock availability are correct at the time given by the Company, but unless confirmation of an order by the Customer is given immediately, the Company cannot guarantee stock availability.

3. Orders

3.1 The Company only supplies wooden or laminate flooring and accessories and does not fit or lay any type of floors. Any claims arising from badly laid or incorrectly supplied or fitted floors are the responsibility of the Customer or their agents. In cases where the Customer has used a floor layer recommended by the Company the Customer’s claim is subject to the floor layer’s own guarantee, terms and conditions which are separate from these terms and conditions. The Company is not responsible in any way for recommendations. Fitting prices given are for floor laying only, they do not include oils, lacquers or seals, specialist adhesives, sub-floor levelling, uplift or removal of existing floor-coverings or sub-floors, disconnection/removal of appliances and/or furniture or door easing which may be charged as an extra by the fitter, unless otherwise specified in writing.
3.2 All orders accepted by the Company are subject to these terms and conditions. These terms and conditions will prevail if there is any inconsistency between them and any Customer’s terms and conditions.

4. Delivery

4.1 Adequate labour etc. must be provided for unloading by the Customer.
4.2 Goods are delivered to ground floor only, with the exception of decking which is to kerb side only.
4.3 The Company can refuse delivery to site if it is deemed in any way dangerous or inaccessible to the driver.
4.4 The Company has no responsibility for unloading of goods on site or for the storage and security of such goods.
4.5 When delivering to site the Company’s drivers can refuse delivery in absence of a signature for receipt from authorised persons as proof of delivery.
4.6 Any period, time or date of dispatch is quoted is an estimate only and the Company shall not be liable for any loss or damage arising directly or indirectly from delay in dispatch or delivery.
4.7 Risk in the goods shall pass to the Customer when the Customer or its agent takes delivery of the goods.
4.8 The Company cannot be held responsible for non-delivery caused by the existence or apprehension of war, acts of terrorism, declared or undeclared hostilities, quarantines, riots or strike.
4.9 If a delivery is refused, or nobody accepts the delivery, re-delivery will be charged at twice the original charged amount.
4.10 A 25% handling fee will be charged on all goods returned from delivery. Excluded from this charge is the pick up fee which is not negotiable.

5. Prices and Terms of Payment

5.1 Goods will be invoiced at the prices current at the time of despatch. Descriptions and prices in the Company’s price list are only current at the day the list is produced. Details of alterations are available on request. Invoices are due for payment immediately unless account terms have been agreed in writing & set up.
5.2 Non-account Customer’s payments are payable with order. Account Customer’s invoices are payable 30 days following date of invoice, unless different terms have been agreed by the Company in writing. If an invoice is not paid by the due date all invoices rendered become due whether due or not, and become payable forthwith without demand. In cases of default the Company reserves the right to charge the Customer at 1% as interest of the outstanding debts per month until the debts are paid in full.
5.3 The price list is not an offer. The Company can reject any order. The Company is not bound by an order until an official acknowledgement, letter or dispatch document has been raised on its official forms.
5.4 All goods supplied by the Company remain its property until paid for. The Company reserves the right of disposal of all goods delivered to the Customer until paid for in full. The Customer will not deface or remove the Company’s goods however caused. Therefore retention of title remains with the Company.
5.5 If a Customer fails to pay for goods or stops payment, the Company has the right to claim legal fees and any other costs incurred as a result of the Customer’s failure to pay. The Company also reserves the right to withhold further deliveries.

6. General

6.1 Samples, brochures, pictures, photos and displays. Each piece of wood is unique in grain, knots, texture and colour and therefore cannot be truly representative of a finished installation.
6.2 The Company may at its discretion suspend or terminate the supply of goods if the Customer fails to make payment when and as due or otherwise defaults in any of its obligations under the contract or any other agreement with the Company.
6.3 Any qualification or variation to these conditions in the Customer’s order or made otherwise by the Customer is excluded from the contract unless expressly agreed by the Company in writing. Oral variations to these have no effect.
6.4 The contract or its agreement shall be governed by English Law and the Customer consents to the exclusive jurisdiction of the English Courts in all matters regarding this contract except to the extent the Company invokes the jurisdiction of the Courts of any other country.
6.5 It is strongly recommended a site survey should be carried out prior to installation to ensure site conditions, such as sub-floor and moisture levels, are acceptable for the laying of laminate or wood flooring according to the manufacturers guidelines. City Wood Floors cannot be held responsible for flooring laid in unsuitable areas or conditions according to recommended guidelines. Engineered wood or laminate flooring must be left to acclimatise at house temperature (usually around 20 degrees C) for a minimum of 48 hours prior to fitting. Solid wood flooring must be acclimatised for at least 7 days. Follow manufacturer’s guidelines for each individual product.
6.6 Packs/boxes of flooring should be stacked horizontally, with a gap between the packs and the walls to allow for air circulation. Flooring should not be stored in any damp/wet areas. Packaging should not be removed until fitting is to commence and each board must be inspected for defects prior to installation. If the Customer or their agent considers the goods to be flawed the goods must not be installed Follow manufacturer’s guidelines supplied for each individual product.
6.7 We reserve the right to refuse any special order in non-stock, opened or damaged goods returned to our warehouse. Other goods may be subject to a re-stocking charge of up to 50%.
6.8 No goods will be accepted back after 28 days from date of delivery/collection.
6.9 Price offers, orders and contracts are subject to variation or cancellation at the election of the Company, if owing to an act of God, war, strike, lock-outs, work to rule, fire, flood, drought, or any other causes outside the specific control of the Company, the Company is unable to procure the goods, materials or transport for delivery thereof, or, if the goods, materials or transport are only available at increased cost to the Company.

7. Claims

7.1 Any claim for non delivery of any goods must be notified in writing by the Customer to the Company within 7 days of date of the Company’s invoice.
7.2 Any claim the goods have been delivered damaged or not the correct quantity or do not comply with their description shall be notified by the Customer to the Company within 7 days of delivery.
7.3 Verbal advice given by the Company is by no means a guarantee unless put in writing by the Company. Furthermore the Company cannot be held responsible to hearsay.
7.4 Any alleged defect of goods shall be notified by the Customer to the Company within 7 days of delivery or, in the case of any defect not reasonably apparent on inspection, within 7 days of the defect coming to the Customers attention, prior to installation or laying of flooring. If the Customer or their agent considers the goods to be flawed the goods must not be installed. In any event any defect must be notified to the Company within 28 days of delivery.
7.5 If the Customer establishes goods are defective, the Company shall as its option replace the goods with similar goods or repair any defective goods. The Company reserves the right to carry out a full inspection of goods prior to any decision being made.
7.6 Where the Company is liable in accordance with these terms and conditions in respect of only some or part of the goods, the contract will remain in full force and effect in respect of the other or other parts of the goods and no set-off or other claim may be made by the Customer against or in respect of such other or other parts of the goods.
7.7 No action shall be taken to sell or disperse goods at reduced prices or any conclusion be reached about the validity of the claim until a member of the Company or their agent has inspected the goods or full written consent has been made in writing.

8. Cancellations

The Customer thereof may cancel contracts and orders only with the Company’s prior written consent. Any cancellation of contracts or orders may render the Customer liable for any or all costs, loss of profit, or expenses incurred by the Company as a result.

9. Waiver

Any waiver of all or any of these conditions shall not prejudice or affect the Company’s rights and remedies in respect of any subsequent breach, non-performance or non-observance by the Customer of the terms and conditions of the contract. The acceptance by the Company of any payment after the specified due date thereof shall not constitute a waiver of the Customer’s obligations to make future payments on the specified date.