Terms & Conditions
1) In these terms and conditions, the following words shall have the following meanings:
The Company” shall mean Oakes Flooring & Blinds.
The Goods shall mean the products, articles, services or things offered for sale by The Company and agreed by the Customer to purchase and as listed on the order form.
“The Customer” shall mean the corporate entity, firm or person purchasing The Goods from The Company.
2) The Company agrees to sell to The Customer and when applicable to install at the address nominated by The Customer overleaf, the items specified in the schedule overleaf. The Customer agrees to purchase and accept the delivery of the goods.
3) This Agreement and Order form shall be a complete record of the items agreed between us and no additional work or variation shall be valid unless agreed by the Company in writing.
4) The Company will pass on any Suppliers Guarantees where applicable, these do not cover wear, breakages or special finishes.
5) The removal and replacement of any existing curtains, blinds, pelmets and alarms is the responsibility of The Customer unless specified in order form.
6) The Customer acknowledges that the items specified in the Order form have been checked. The Customer acknowledges that the schedule is correct. No work shall be done nor goods supplied by The Company other than specified in the schedule unless previously agreed by The Company in writing.
7) The Customer acknowledges that the items specified in the schedule will be made especially to order and to the specification of The Customer’s premises. However the Customer may cancel this agreement by sending written notice of cancellation within 7 days from the date of this agreement to the address of the Company given overleaf forfeiting any deposit but without further obligation. This agreement may only be cancelled by the Customer after 7 days from the agreement date subject to the payment in full for the Goods.
8) The Company shall be under no liability whatsoever arising from the verbal representation, statements, or reports made by an employee or agent of The Company unless it is confirmed in writing and supplied by and on behalf of The Company.
9) Brochures, leaflets and like documents published by or supplied to The Company are intended to give information to the customer in good faith. No statement in such documents shall bind The Company or become part of any contract.
l0) Technical drawings and samples are intended to demonstrate the workings of a typical blind and of the materials used. The items to fulfil this order will be manufactured and fitted in the way The Company considers most suitable, after inspection and measuring by The Company’s installation department. The size of the window opening will be determined by The Company unless these are specifically stated in the schedule. If at the time of measuring it is found to be impossible for The Company to do the work contracted for. The Company reserves the right to cancel the agreement, and in such an event. The Company will repay to The Customer any deposits paid up to the time of cancellation.
11) It is The Customer’s responsibility to ensure that all goods and products which are sold on a supply only basis by the Company are suitable for the purpose required. No liability shall rest with The Company for any specification problems, imperfections (other than where this affects the purpose for which the Goods are supplied or them being fit for the purpose for which they are supplied) or natural optical phenomena.
12) The Company will use its reasonable endeavours to arrange for The Customer supply and installation where applicable to be carried out in the time quoted and The Company will notify The Customer when the goods are ready for supply or installation. The Company is not responsible for the delays due to causes beyond its control. The Company shall not be liable for any consequential loss howsoever arising. The customer undertakes that they will permit supply or installation to take place within a reasonable period after The Company has notified them. If, after 28 days of Notification of Installation an appointment has not been fixed the balance of the purchase price is payable by The Customer in any event.
13) The Customer will give The Company’s authorised fitters/inspectors access to their premises at reasonable times to enable the installation work to be carried out and completed.
14) The balance referred to in the agreement becomes due on delivery to the customer’s premises of The Goods. The balance should be handed to The Company’s fitter or representative and may not be withheld for any reason. The Company can only investigate any alleged defect after full payment of the balance. Any overdue account will incur interest at 8% over the prevailing base rate of HSBC bank from time to time, and the payment of our full costs including legal fees recovering any overdue amount. Cheques should be made payable to Oakes Flooring & Blinds. Customers who have taken advantage of our loan Schedule to finance their purchase agreed sign the appropriate documents which will be handed to them by The Company’s fitter or representative at the time of delivery.
15) The property in the Goods shall not pass to The Customer until payment has been received in full by Once The Goods are in The Customer’s possession or under the Customers Control and until the property therein has passed to the Customer, the Customer shall hold theGoods at their risk and the Customer will indemnify The Company against any loss or damage to the Goods to the full value of the Goods and insur against
any claims arising out of injury or damage attributable to the goods.
16) No guarantee or warranty is given to an installation of The Company’s products if the area is subjected to condensation or other damage arising subsequent to the products being supplied.
17) No neglect or forbearance on The Company’s part in endeavouring to enforce The Company’s rights in this agreement shall be constructed as a waiver of any such rights.
18) Any guarantee or other representation or undertaking relating either to the items specified in this schedule or any work in connection with this contract shall not be considered valid unless confirmed in writing and signed by The Company.
19) The Customer shall be responsible for ensuring that the supply and fitting of the Company’s products complies with any applicable statute, order, council, regulation or direction of the government local or other authority and in particular that he has lawfully obtained every necessary licence, permit or authority required in connection therewith.
20) Where supply only goods /products are found to be defective and are accepted by The Company as such The Company’s maximum liability shall extend to the replacement of the faulty goods or to credit the customer at The Company’s discretion. Written notification of the fault should be received at The Company’s office no later than 7 days following the delivery of the goods/products. Faulty goods shall not form the subject of any claim for labour costs, or other expenditure incurred by the customer and The Company shall not be in any way responsible for the direct or indirect or consequential loss or damage, however arising out of any such fault.
21) This is a legal binding agreement and cannot be cancelled by The Customer other that in accordance with clause 7 above, neither will any deposit be refunded unless clause l0 above is effective. The Company will not be liable for any consequential loss in the event that it has to cancel this agreement under clause 10.
22) The Goods shall remain the property of the Company by retention of title until the Goods are paid for in full, and will be removed from any premises should full payment not be made under our term and conditions. The Customer gives us your irrevocable consent to enter your premises for the purpose of removing the Goods in default of payment under this clause.
23) This agreement is subject to the Law of England and the parties submit to the exclusive jurisdiction of the English Courts.