GENERAL CONDITIONS OF BUSINESS – DISNEY FLOORING LIMITED (“THE COMPANY”)
Your normal statutory rights apply – you have the right to cancel your order within seven days of the date of ordering or receiving the goods, whichever is the longer. If you cancel your order, your payment will be refunded. If your goods have already been dispatched, we will make contact with you using the details you provided to agree the best way to return the goods.
a) It is hereby expressly provided that although the goods sold and supplied by the Company are described as Seagrass, Coir, Sisal and Rush the goods delivered by the company hereunder shall be deemed to correspond with their description if they correspond with the sample which has been previously produced and examined by the buyer.
b) The description hereinbefore given of the said goods has been given by way of identification thereof only and the use of such description shall not constitute a sale by description.
Sample, quality, fitness
Notwithstanding that a sample of the said goods has been exhibited to and inspected by the Buyer it is hereby declared that such sample was so exhibited and inspected solely to enable the buyer to judge for himself of the quality of the bulk and not so as to constitute a sale by sample under this contract. The Buyer shall take the said goods at his own risk as to their corresponding with the said sample or as to their quality, condition or sufficiency for any purpose.
Inspection and notice
Damage or other discrepancy noted on delivery must be notified in writing to the carrier and to the Company. Otherwise the buyer shall, before the goods are cut and/or installed fully inspect the said goods within seven days of taking delivery thereof and shall within a further seven days give notice in writing to the Company of any matter or thing by reason whereof he alleges that the goods are not in accordance with the contract. If the buyer fails to give such notice the said goods shall be deemed to be in all respects in accord with the contract and the buyer shall be bound to accept and pay for the same accordingly. Cut or installed goods cannot be returned. Non-delivery must be notified to the seller within seven days of the invoice date.
Placing an order
Nothing in the Company’s published information shall be deemed an offer and the Company reserves the right to accept or refuse any order. Payment in full must be made with the order save for established account holders who must furnish an official written order. The contract for sale and supply of the goods is made when the customer receives an Acknowledgment of Order for the Company. This Acknowledgment of Order is deemed received two days after the Company has posted it by first class post. The terms specified on Acknowledgment of Order are valid for 28 days after which time the contract is deemed cancelled.
The Company reserves the right to alter the contract price in respect of the goods by reference to the price ruling at the date of dispatch of the goods if any variations in the cost of materials and/or labour and /or any other factor affecting the cost of production. Or delivery shall in the opinion of the Company make such alterations necessary.
Invoicing and payment
a) Where invoices for payment are rendered to customers they will be dispatched immediately after delivery of the goods. Any special terms or date for payment will be indicated on each invoice, otherwise payment will be considered due on completion of the works detailed in the invoice.
b) The time hereinbefore mentioned within which the buyer is to pay for the said goods shall be of the essence of the contract.
c) The Company reserves the right to charge interest at a rate of 2 per cent per month on any amounts remaining unpaid after 30 days from due date as specified on the relevant invoice.
a) Notwithstanding that credit has hereinbefore been given for the payment of the price of the said goods, the Company shall be entitled to retain possession thereof until payment.
b) In addition to any right of lien to which the Company may by law be entitled the Company shall (in the event of buyer’s insolvency) be entitled to a general lien on all the goods of the buyer in the Company’s possession (although such goods or some of them may have been paid for) for the unpaid price of any goods sold and delivered to the buyer by the Company under the same or any other contract.
Transfer of title and risk
Neither the ownership of nor the property in any goods sold by the Company will pass from the Company until such time as the Company has received payment in full for such goods and any additional charges relating to such goods. Until such time the Company reserves the right to recover possession of the relevant goods. Where goods are re-sold by the buyer before title has passed from the Company the proceeds of such resale (or other assets into which such proceeds have been converted) shall be held by the buyer in a fiduciary capacity on trust for the Company and the buyer will account to the Company for the same to the extent necessary to pay the full price for the goods and all other sums due to the Company under the corresponding contract and until the debt to the Company is fully discharged. Nevertheless all goods are at the risk of the buyer as soon as they have been delivered or collected.
a) The Company’s information leaflet is provided from advice received from technical and professional sources in order to assist buyers. However it is expressly agreed that the Company provides this information without charge and the Company assumes no liability in any event whatsoever for the information given.
b) The Company is prepared on request to give buyers the names of professional/technical advisers in relation to the laying and maintenance of the goods but it is expressly agreed that the Company is under no liability whatsoever for this service or for any loss, damage or delay expenses whatsoever howsoever arising out of it or the consequences of it.
The policy of the Company is one of increasing improvement and development so we reserve the right to add or delete from the range or to change products without notice.
All agreements and contracts entered into with the Company shall be governed by English Law and be within the exclusive jurisdiction of the English Courts.