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Terms and Conditions

Terms and Conditions of Sales and Fitting

Within these terms and conditions, the following words shall have the following meanings:

  1. “The Company” shall mean Naturally Oak Flooring which is the trading name of NOF Ltd.
  2. “The Goods” shall mean the products, articles, services or things offered for sale by the company.
  3. “The Customer” shall mean the corporate entity, firm or a person seeking to purchase the goods from the company.

Contracts and Quotations

  1. Orders are accepted, delivered and carried out only upon the terms and conditions stated as follows:
  2. Any changes or additions to these terms and conditions will be binding only of detailed in writing and signed by a director or area manager of the company and will in any event apply only to the particolar order concerned and not to subsequent orders for the same or similar goods.
  3. NO modification to these terms and conditions of sale shall be deemed to have been made by subsequent receipt of any of the customer’s documentation which conflict with those set out in this document. Acceptance of the delivery of the goods by or on behalf of the customer shall in any event be conclusive evidence of the customer’s acceptance of these terms and conditions.
  4. The customer shall not be entitled to cancel the contract without the written agreement of the company signed by a director or area manager. In the event of such agreed cancellation the customer shall indemnify the company folly against all expenses incurred up to the time of such cancellation.

Prices

  1. All prices, unless otherwise specified are exclusive of Value Added Tax.
  2. The prices of goods or materials quoted by the company are firm (subject to prices clause 3) only where specifically stated in writing to be so and the period of validity given. The company reserves the right to increase or decrease any price quotes without notice, where the company has not specifically stated in writing that the price is firm and the period of validity given.
  3. Prices may be varied by the company without notice after the date of acceptance of an order by the company, if after making of this contract there be a rise or fall in the cost of labour, or in the cost of transport, kilning or other services necessary for the performance of this contract, or in the cost of materials and any such rise for fall affects the company’s cost of performing this contract.
  4. The right is reserved to correct the price or terms of all quotations or price lists or of orders resolting from such quotations or price lists, if it is found that owing to typographical, clerical or engineering errors or misinterpretations, or lack of complete information from the customer regarding his requirements, such prices or terms are incorrect and in the event of such correction the customer shall not be entitled to terminate the contract or be entitled to any damages or costs by reason or such correction.

Warranty

  1. All supply and fit work undertaken comes with a years guarantee with the following exceptions:
  2. Exposure to water or any other liquids including chemicals.
  3. Climate indoors must be kept between 40-60% humidity, failure to do so may resolt in the floor moving, expanding, cupping and lifting. As a resolt of this the company holds NO responsibility for damage.
  4. The company shall have NO liability for any defects in any goods which arise from improper use or storage of the goods, appear after the claims period stated herein applicable to the original goods has expired, resolt from any inaccurate or incomplete information or details supplied by the customer.

Extent of Liability

  1. These conditions state the total liability of the company in connection with any goods supplied by it whether arising in contract tort (including negligence) or otherwise howsoever, except only to the extent that, by statute, the company may not exclude liability for death or injury resolting from it’s negligence. In particolar the company shall in no circumstances have any liability for the quality of any goods, except as stated in these conditions, or their fitness for any purpose or for any indirect or consequential loss suffered by the customer under or in connection with any contract, including but not limited to wasted time or expenditure, loss of profits, production, business revenue or goodwill or any claim against the customer by any person.
  2. he company shall be discharged of all liability to which these conditions apply unless proceedings are begun within one (1) year after the customer become aware (or shoold reasonably have become aware) of the facts giving to such liability.
  3. The company’s liability in connection with any goods shall in no circumstances exceed the price (or proportionate part thereof) payable for them.
  4. Where the company is liable under these conditions in respect of some only of any goods forming the subject matter of any contract the contract shall remain in foll force and effect in respect of the remaining goods and the customer shall not reject or refuse to pay for them.

Terms of Payment

  1. Deliveries are subject to credit approval by the customer. Payment is due on or before the last day of the month following the month of delivery, except where indicated on the quotation, acknowledgement or order or invoice. The company reserves the right to charge interest at a rate of 5% above the best rate of HSBC at the time being in force on amounts outstanding after this time.
  2. At any time before the delivery of the goods, the company may notify the customer that payment is required prior to such delivery and the company shall be entitled to withhold delivery until payment is made.
  3. All goods invoiced pro-forma shall be deemed to have been accepted by the customer but the company shall retain a lien to cover all or such part of the purchase price as may remain unpaid, and such invoices are due for payment before the delivery of the goods.
  4. If the customer shall fail to pay to the company any monies due, the company shall be entitled to withhold delivery of any goods due to be delivered to the customer.
  5. If the customer does or suffered to be done anything which might prejudice his liability to pay the foll price, he shall be deemed to have repudiated the contract.
  6. The company reserves the right to set-off against any amount due for goods purchased by the company from the customer against any amount due for payment to the company.

Technical Matters

  1. Metric Measure – Timber only. The company shall have the option to supply any or all of the goods in either imperial or metric sizes in the nearest equivalent thickness, width and length as shown in the conversation tables published by the Timber Trade Federation and goods may be charged for in metric measures in accordance with the calcolation therein contained. A copy of the conversation tables will be supplied on request. Attention is drawn to the fact that in general metric dimensions are marginally smaller and shorter than there nearest imperial equivalent.
  2. Metric Measures – Sheet Materials only. Notwithstanding goods being sold in metric measure, the company has the option to supply any or all the goods in imperial surface dimensions and/or thickness on the basis of the Timber Trade Federation conversation scales for sheet materials, all imperial and metric surface dimensions and thicknesses being subject to normal manufacturing tolerances.
  3. The company shall have no liability under these conditions in respect of any advice, opinion or information furnished by the company, its employees or agents unless given in writing in pursuance of a written term of contract.
  4. The company reserves the right at any time without notice to change the particolars of any specification of any goods except such particolars that have been agreed in writing by the company.
  5. Any description, or particolars contained in the company’s leaflets, price lists or other material are intended merely to present a general idea of the goods described in them and shall not form any part of any contract.

General

  1. The company shall not be liable for any delay or other failure to perform the whole or any part of the contract resolting from any cause whatsoever beyond the company’s control existing at the date of the order acknowledgement or arising thereafter including but not limited to fire, explosion, breakdown or failure of plant or machinery, lack or failure of transportation facilities, supply of labour, materials, power or supplied, strikes, lockouts or labour dispute (whether or not at the company’s works), illnesses, epidemic, flood, drought, war, civil commotion, or restriction of any authority or government agency.
  2. If the customer fails to make any payment when and as due or otherwise defaolts in any of its obligations under any contract or other agreement with the company. Becomes insolvent, commits any act of bankruptcy. Has a receiver or administrator appointed for all or any part of its business, enters into liquidation, whether compolsory or voluntary, compounds with its creditors or suffers any similar action in consequence of debt of the company bona fide believes that any of such events may occur, the company shall, without prejudice to any other remedy, be entitled at its discretion , by giving the customer written notice at any time, to forthwith suspend its performance of or terminate such contract.
  3. The customer shall treat each contract and all its information which it acquires thereunder as confidential and shall not make any unauthorised use or disclosure thereof except to the extent the same is or becomes part of the public domain otherwise than in breach hereof.
  4. The company shall have a lien on any undelivered goods in the company’s possession for all sums due at any time from the customer on any account and shall be entitled to use, sell or dispose of the same as agent for and at the expense of the customer and apply the proceeds in and towards the payment off such sums on twenty eight (28) days written notice to the customer.
  5. Any notice to be given in writing under the contract may be sent by facsimile or forwarded by first class prepaid letter post to the receiving party to its business address as last notified in writing to the other party and shall be deemed to have been given on the date of the facsimile copy or on the day following the date of posting.

Law, Jurisdiction and Construction

  1. This agreement shall be deemed to have been made in England and the construction validity, and performance of this agreement shall be governed in all respects by English Law.
  2. Any term or condition herein set out, to the extent that it woold be void as against a person dealing as a consumer by virtue of the provisions of the Unfair Contract Terms Act 1977, shall not apply in respect of a sale to a person of who so deals.
  3. Shoold any part of this contract be found to be unforceable such part shall be severed from the remainder of the contract which shall remain in foll force and effect.
  4. The headings of conditions are for convenience or reference only and shall not affect their interpretation.