Touchstone Floors

Terms and Conditions

Table of Contents
Definitions Acceptance of Orders Cancellation of Orders Force Majeure Deliveries Packing and Carriage Prices Payment Terms	Defects Consequential Loss Reliance Governing Law Title Claims Transport Samples

1) Definitions

In these Conditions "Company" means Touchstone Floors Ltd. "Buyer" means that person, firm, company, corporation or other body to which this Acknowledgement of Order is addressed. We aim to offer all our customers an unequalled service and delivery of all our goods and services, goods and services can be ordered and paid for either on line or by contacting our office directly.

Our Contact details:

Address:
Touchstone Floors Ltd,
Unit 6, Scrooby Lane,
Barbot Hall Industrial Estate,
Parkgate, Rotherham,
S62 6NX

Phone: +44 (0) 1709 382513 - available Monday – Friday, 9.00 AM to 5 PM.

Email: enquiries@touchstonefloors.co.uk

VAT Reg: 646307830 – Company No.: 3564973

The text and graphics on this website are the exclusive copyright of Touchstone Floors Ltd 2008.

2) Acceptance of Orders

Orders are only accepted subject to these Conditions of Sale and any variation of these Conditions introduced by the Buyer shall be ignored unless the Company expressly agrees thereto in writing. By clicking the “Accept” button you agree to these terms and conditions. By completing and submitting the electronic order form you are making an offer to purchase goods, which, if accepted by us, will result in a binding contract. If payment is by credit card, receipt of payment does not mean we have accepted your order, and we reserve the right to return your payment. The return of the Buyers standard order acknowledgement form does not constitute a written agreement by the Company to the modification of these Conditions. Orders are accepted on the basis that the Buyer states in the purchase order the required material specifications e.g. test standards, shelf life requirement. In the absence of any shelf life requirement stated in the purchase order or previously agreed by the Company’s Quality Manager, material will be supplied with a minimum of 20% shelf life remaining.

3) Cancellation of Orders

The Company cannot accept the subsequent cancellation of orders unless notified to the Company in writing within seven working days from the date of receipt of the goods. A full refund will be given within 30 days of receipt of the returned goods provided they are returned in good condition. The right to cancel does not apply to personalised goods or goods made to the Buyer's specification. If the Buyer is unable or wrongfully refuses to accept delivery of the goods after notification by the Company that the goods are ready, then the Company reserves the right in addition to pursuing any other remedy that may be open to it to invoice the goods whereupon payment therefore shall become immediately due and payable.

4) Force Majeure

The acceptance of an order may be revoked ( in whole or in part ) or delivery dates postponed or delayed by the Company without liability in the event of any contingency beyond the Buyer's control which does or in its opinion is likely to prevent, hinder, delay, interrupt or interfere with the fulfilment of the order, or any part of it.

5) Deliveries

All times quoted for deliveries are dated from receipt by the Company of a written order to proceed and any information necessary to enable the Company to put the work in hand. The company will use its best endeavours to comply with its quoted delivery dates but it will not be liable in respect of any damage or loss arising out of delays in delivery whether such delays be caused by any act of the Company, its servants, or agents, or by any other cause . Furthermore any delay in deliveries shall not give rise to termination of any contract between the Company and the Buyer unless such delay results from the wilful default of the Company, its servants and agents.

6) Packing and Carriage

The company will charge the buyer with all packing and carriage costs to the destination specified by the Buyer unless otherwise agreed.

7) Prices

It is an express condition that the Company may at any time at its discretion amend without notice the price for all or any part of the goods that are to be supplied under the contract to the current market or exchange rate price for such goods at the time when the same are delivered. Certification charges will be added to the selling price of the goods as appropriate unless otherwise agreed.

8) Payment Terms

No discount is allowable in consideration of settlement on or before the due date. The Company reserves the right if payment has not been made by the due date to withhold further deliveries and to take whatever action legal or otherwise the Company thinks fit to enable payment to be obtained or the goods to be recovered. Ownership of the goods passes to the Buyer only on receipt of payment by the Company. Touchstone Floors Limited does not agree to any Retention on contract. Any dispute between the buyer and the main contractor or their client, which does not directly involve Touchstone Floors, will not affect these payment terms. We understand and will exercise our statutory right to claim compensation debt for recovery costs under the late payment legislation if we are not paid according to our stated credit terms. Furthermore interest on outstanding debt would be charged at 20% above current Bank of England base rate.

9) Defects

The Company will be prepared to consider any complaint about manufacture, workmanship or material which the Buyer may feel justified in making whilst accepting no legal liability and retaining sole discretion in such matters providing such a complaint is made within 14 days of invoice date.

10) Consequential Loss

In the event of goods supplied by the Company being proved defective whether by reason of any negligence on the part of the Company or from any other cause. The Buyer hereby undertakes that the goods supplied by the Company will be used as specified and for laid down uses in accordance with the appropriate Health and Safety information supplied by the Company. They must ensure that this information will be brougbt to the attention of all users of the goods. For uses outside those laid down the Buyer must refer to the Company for further advice. All such information provided by the Company is based on results gained from experience and tests by the manufacturers and is believed to be accurate and adequate for the uses laid down but no liability can be accepted for uses outside those laid down. No statements shall be incorporated in any contract unless expressly agreed in writing or construed as recommending the use of any product in conflict of any patent.

11) Reliance upon the Buyers' skill and judgement

The Buyer hereby acknowledges and represents to the Company that he is entering into the contract with the Company in reliance upon his own skill and judgement and not in reliance on any representation of statement (whether written or oral, whether express or implied by statute, trade custom or otherwise) made in the course of negotiation leading to the contract by or on behalf of the Company unless the said representation or statement is confirmed by the Company in writing by a Director of the Company.

12) Governing Law

The conditions of sale shall be construed according to and governed by the laws of England.

13) Title

Title of the goods, whether loose in store or fitted, shall only pass when all accounts due from the customer or their main contractor have been paid in full. The customer or main contractor is entitled to sell the goods before title has passed only under the explicit agreement that any monies raised shall be held in trust for Touchstone Floors Ltd. Touchstone Floors Ltd, its servants and agents shall be entitled at the customers expense, to take possession of the goods and for that purpose enter premises of the customer where the goods are believed to be.

14) Claims

The Company will accept no liability from the Buyer for:

(a) Any claims for losses, shortages, discolouration or damage to goods unless notice thereof is given to the Company, and to the carrier where appropriate on the delivery note accompanying the goods.
(b) For any loss, shortage or damage due directly or indirectly to causes directly or indirectly beyond the company’s control or of any indirect or consequential nature.
(c) Any loss or damage including personal injury, arising out of the incorrect storage, application or handling of the goods by the buyer or any agent, representative or employee of his. For any damage or loss sustained by the buyer how so ever caused as a result of the use of the goods by the buyer or his agent, representative or employee of his.
(d) Any claim where the company has complied with all stated purchase order requirements, e.g. test standards, shelf life, product type.
(e) Colours should be checked for conformity before application. Any claims for non-conformity after application cannot be accepted.

15) Transport

Our insurance does not cover goods in transit so all goods ordered should be collected from our premises or transport arranged by Customer. Where we arrange transport on your behalf we can only be held responsible for goods up to them leaving our premises. We cannot be held responsible for the effect of cold temperatures on our flooring materials during transport. Materials should be left to warm up before use. We cannot accept any denial of delivery or damage unless stated on delivery note. We will not accept wording such as “not checked” or “signed unseen”.

16) Samples

Should be supplied from the material manufactured for the project and supplied to your customer. Touchstone cannot guarantee colour conformity between colour batches.

Touchstone Floors Ltd reserve the right to change these terms and conditions at any time.

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