Terms and conditions
Roger Oates Design Company Limited - GENERAL CONDITIONS OF BUSINESS
1. Definition: In these conditions “the Seller” means Roger Oates Design Company Ltd. or any subsidiary or associated company and “the Customer” means the purchaser of goods from the Seller under these conditions.
2. General: In the event that Customers’ orders contain conditions, such conditions are only acceptable in so far as they are consistent with our terms and conditions. For goods made specially to order we will submit Quotations and accept orders subject only to the terms and conditions which follow and to the exclusion of all other conditions.
3. Law & Jurisdiction: These conditions, quotations and contracts shall be governed by English Law and the Customer agrees to submit to the jurisdiction of the English Courts.
4. Description of Goods: The description of goods contained in the Seller’s copy and or confirmation of order shall be deemed to be the correct description of goods. Every care has been taken to ensure that the description and specifications are correct at the time of going to press, and the colour reproduction is a reasonable representation. However slight variation in the actual goods supplied can occur.
5. Representations: The Seller’s employees are not authorised to make any representations as to the life or wear of the goods supplied or that they will be suitable for any particular purpose or for use under any specific conditions.
6. Acceptance of Orders: No order shall be deemed to be accepted until the Seller’s Confirmation of Order/Invoice has been issued. The details shown in this Confirmation of Order/Invoice shall be deemed to be correct in all respects unless advices to the contrary are received in writing within five working days of issue.
All dimensions and quantities stated on Quotations, Confirmation of Order, Price Lists, Correspondence and Catalogues are subject to normal trade tolerance. The Seller reserves the right to make a charge, unless otherwise agreed, for delivery, assembly and installation on site. All delivery dates quoted will be met to the best of the Seller’s abilities, but the Seller shall be under no liability whatsoever for delay or failure to deliver from any cause. Value Added Tax or any other form of Tax or Levy on supply of goods is applied to all Quotations and orders, etc. at the rate in force at the date of invoice.
7.Terms of Payment: For Retail Orders the amount of all invoices/orders shall be payable in full prior to arranging delivery or collection of the goods. Balance of payment for goods made specially to order shall be made on notification by the Seller that the goods are available for collection or delivery. Terms of payment will be indicated on each invoice.
a) All Orders will be processed on receipt of a proforma or deposit payment.
b) Credit Accounts: 30 days. The Seller reserves the right to place a 2.5% surcharge per month on goods not paid within our terms.
c) All special/custom orders are subject to a minimum 30% surcharge on the list price.
d) Payment shall be made at the time and terms stated on the Seller's Quotation, Confirmation of Order or Invoice. In the event of non payment any discounts offered for payment by a stipulated date are forfeited.
a) Not withstanding that credit has hereinbefore been given for the payment of the price of the said goods, the Seller shall be entitled to retain possession thereof until payment.
b) In addition to any right of lien to which the Seller shall (in the event of the buyers insolvency) be entitled a general lien on all the goods of the buyer in the Seller’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 Seller under the same or any other contract.
9.Transfer of Title and Risk: Neither the ownership of nor the property in any goods sold by the Seller will pass from the Seller until such time as the Seller has received payment in full for such goods and any additional charges relating to such goods. Until such time the Seller reserves the right to recover possession of the relevant goods. Where goods are re-sold by the customer before title has passed from the Seller the proceeds of such re-sale (or other assets into which such proceeds have been converted) shall be held by the customer in a fiduciary capacity on trust for the Seller and the customer will account to the Seller for the same to the extent necessary to pay the full price for the goods and all other sums due to the Seller under the corresponding contract and until the debt to the Seller is fully discharged. Nevertheless all goods are at the risk of the customer as soon as they have been delivered or collected.
10. Delivery & Storage: Any time or date named by the Seller for delivery is given and intended as an estimate only and the Seller shall not be liable to make good any damage or loss of whatever nature including of a consequential nature whether arising directly or indirectly out of delay in delivery. The Seller shall not be liable for any delay in delivery resulting from use of a third party carrier. All goods delivered to the Customers premises and accepted by the Customer become the sole responsibility of the Customer and the Seller shall not be liable for any loss or damage to the goods thereafter. Delivery by the Seller is effected when the goods are tendered to the Customer at the Customer’s designated delivery address. The Seller is not responsible for the unloading of the goods and it is the Customers responsibility to off-load at the Customers own risk and expense.
Where a Customer fails for any reason to take delivery at the time when the goods are ready for delivery the Seller shall if its storage facilities permit store the said goods and take all reasonable steps to prevent their deterioration until the act of delivery and the Customer shall be liable to the Seller for the reasonable costs (including insurance) of its so doing. This provision shall be in addition to not in substitution of any other payment or damages for which the Customer may become liable in respect of his failure to take delivery at the appropriate date.
11. Cancellation of Order: The Seller reserves the express right not to accept any cancellation of an order by the Customer. All cancellations must be confirmed in writing and sent by recorded delivery. If cancellation is accepted then the Seller reserves the right to impose at its sole discretion a cancellation charge which shall be payable by the Customer on demand. Where goods are produced specially to a customers order no cancellation or amendment will be accepted.
12. Damaged or Defective Goods: The Seller will despatch all delivered goods under cover of a delivery note. Damage or other discrepancy noted on delivery must be notified immediately in writing to the Carrier and to the Seller. The Customer shall before the goods are cut or installed fully inspect the said goods within five days of delivery and shall within a further five days give notice in writing to the Seller of any matter or thing by reason whereof it is alleged that the goods are not in accordance with the Sellers Confirmation of Order/Invoice. If the Customer fails to give such notice the said goods shall be deemed to be in all respects in accord with the contract and the Customer shall be bound to accept the goods. The Seller shall use its judgement in determining whether or not any complaint made by the Customer is valid. Where the goods are returned to the Seller and after inspection the complaint is rejected, the Seller reserves the right to make a reasonable charge for inspection and handling. In no circumstances can any complaint be entertained where the state or condition complained of results directly or indirectly from the Customers actions.
13. Price & Product Variation: The Seller reserves the right to add or delete goods from the range or to change products in connection with improvement or development. The Seller reserves the right to amend prices quoted between the date of Confirmation of Order and date of delivery, according to any increases in cost, unless the original Quotation was submitted on a “Fixed Price” basis.
14. Claims - Limits on the Sellers Liability: The Seller shall not in any event be liable and no claims will be entertained in respect of any complaint whatsoever by the Customer in connection with the goods or delivery thereof unless notice is given and received as required in Clause 12 hereof. The Seller shall in no circumstances, howsoever arising be liable to the Customer in respect of the supply and delivery of goods unless the Seller shall be shown to have been negligent provided always that the liability to the Seller shall in no case or circumstances exceed the contract/order price.
The Seller shall not be liable for damage, injury, death, loss, expense to or in connection with any property, persons or other living creatures or produce howsoever caused and arising from the laying maintenance and use of goods or generally in connection with or arising out of the supply of the goods. The Customer agrees to indemnify the Seller for its costs in respect of any such claims and resultant expense.
Further and without prejudice to the generality of the foregoing the Seller shall not in any event be liable to loss, damage, deterioration, wear, expense whether such loss, damage, deterioration, wear or expense shall arise directly, indirectly, consequentially or otherwise out of or in connection with any of the following:
a) the installation, laying, fixing and fitting of the goods
b) the laying of the goods on uneven surfaces
c) the cleaning, maintenance or use of the goods
d) customers error in choice of colour or type of goods
e) variation in weave, shade and/or colour or type of goods
f) the fading of goods howsoever caused
g) damage caused by sharp objects, nails, claws etc.
h) infestation by insects or fungus/mould
i) inherent vice of the goods
j) delay in the delivery or non delivery
k) the off-loading of the goods or their storage or handling after off-loading
l) any other circumstances over which the Seller has no control or the consequences of which the Seller could not avoid by exercise of reasonable care. The Customer agrees to indemnify the Seller for its costs in respect of any claims for such loss, damage deterioration or expense.
m) No claims whatsoever will be entertained and no liability attached to the Seller in any event for goods sold at discount prices as remnants or as sub-standard stock.
15. Information/Advice Leaflet : Advice from professional sources is provided in order to assist Customers. However it is expressly agreed that the Seller provides this information without charge and assumes no liability in respect thereof. On request the Seller can give Customers names of professional Carpet Layers & Cleaners/Maintenance companies in relationship to our goods but it is expressly agreed that the Seller shall be under no liability whatsoever for any loss, damage, delay, expenses howsoever arising from the giving of such information or the consequences of it.
16. Force Majeure: In the event of war invasion, act of foreign hostilities (whether war has been declared or not), civil war rebellion revolution, acts of terrorism insurrection or military or usurped power, the Seller shall be relieved of liabilities incurred under this contract whatever and to the extent to which the fulfilment of such obligation is prevented, frustrated or impeded as a consequence of any such event or by any statute rules, regulations, orders or requisitions issued by any Government Department Council or other duly constituted authority or from strikes, lockouts, breakdowns of plant or any other causes (whether or not of like nature) beyond the Sellers control.
Roger Oates Design Company Limited - TERMS AND CONDITIONS OF INSTALLATION
Roger Oates Design provides carpets of high quality and design. To ensure their best appearance and
performance the following information relating to fitting and installation should be noted.
• Stair carpets should be laid with adequate protection on the nosings of the stairs. A good quality felt/ crumb rubber underlay will provide this protection and should always be used.
• The nosings must be smooth and rounded. Sharp angled nosings may cause unnecessary rapid wear.
• For installation on flat areas (ie. rooms and landings) it is essential that the sub-floor be sound, flat and even. This is especially relevant to our flatweave qualities that will follow and display the contours of the sub-floor, also any gaps between may cause up-draught soiling to the carpets.
• Dishing treads, broken or worn nosings and steps with movement constitute an unsuitable sub-floor and must be repaired in advance of the fitting taking place.
Particular notice of the above must be taken in period properties where old floorboards and staircases are present.
1. We do not accept responsibility for the condition of the sub-floor, nor for any sub-floor preparation that is required unless this is requested and included in our written quotation.
2. Advice can be given at the time of the measure but only if the entire area of sub-floor to be covered is accessible to view e.g. existing fitted carpets must already be uplifted.
3. We reserve the right to charge a cancellation fee if, on the day of installation, the fitters consider the condition of the sub-floor to be unsuitable.
4. We regret that we cannot be held responsible for any accidental damage to unprotected alarm or telephone wires or to water/electrical/gas services. We advise wherever possible the wires must be re-routed away from the carpet prior to fitting.
5. Seam positions will be at our discretion unless a seam layout is requested or provided.
6. At the time of installation, the site must be clear of all other trades men and through traffic.
7. ROD will not accept any responsibility for fitting customer-own stair rods or door plates.
8. The fitting is guaranteed for a period of one year.
Roger Oates Design quotations and order confirmations only include the items clearly stated within them. Any additional items that may be required can be quoted for upon request.
The following items will be charged for as extras unless specified within the existing quotation/order confirmation. Until the customer gives approval, this may cause a delay in the installation and incur the relevant charges.
i) Sub-floor preparation i.e. concrete screed / plywood.
ii) The uplift and disposal of existing floor covering.
iii) The moving of furniture.
iv) Removal / trimming / replacing doors.
v) The supply and fitting of door thresholds.
vi) Working outside normal office hours (9.00am – 5.00pm Monday to Friday).
vii) Any delay or cancellation of installation within 7 days of a pre-booked installation date for reasons not of our own making will be chargeable at a rate of £200.00 ex VAT per day over and above the original fitting costs quoted.
Additional unforeseen costs arising during the period of installation
Additional work will not be carried out nor extra items supplied, which do not appear in the quotation/order confirmation until approval is given by the customer. This may cause a delay in the installation and thus incur the relevant charges. Additional works/items agreed by the customer will be payable upon completion of the installation.
Payment Terms for Installations: 50% deposit, final balance payment prior to installation taking place.
Roger Oates Design Company Limited - COPYRIGHT AND INTELLECTUAL MATERIAL
1. If you wish to print or download extracts (images, graphics, documents) from the Website for your own use you must contact the company before doing so. By not doing so, you are infringing the company’s copyright and could incur legal action.
2. Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including without limitation photographs and graphical images) are owned by the Company or its licensors. For the purposes of this legal notice, any use of the extracts from the Website other than in accordance with clause 1 for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use the Website automatically terminates and you must immediately destroy any downloads or printed extracts from the Website.
3. Subject to clause 1, no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the Company’s prior written permission.
4. Any right not expressly granted in these terms are reserved.