1.     In these conditions, “Goods” mean the articles, including labour, which the Buyer agrees to buy from the Seller, “the Seller” means Alan Baker Flooring Ltd, “the Supplier” means the supplier of Goods to the Seller, and “the Buyer” means the purchaser of Goods from the Seller under these conditions.

• The price shall be the Seller’s quoted price, inclusive of VAT.
• Payment of a deposit of  50% of the quoted price will confirm the order of the works detailed in the quote.  Any additional materials or labour that may be required which does not constitute part of the original order would be classed as a separate entity and will be quoted for accordingly (excluding standard extras detailed on the quote).  It is not always possible to avoid the need for extras such as door thresholds, easing of doors, disposal of flooring, or clearance of furniture etc.  Individual charges for these are clearly notified in the quote.  If required, the Seller will inform the Buyer of the additional costs which are to be incurred and any extras will be clearly itemised on the final invoice.  The Seller will quote to undertake subfloor work to ensure that the subfloor is as smooth and level as required, however, all floor coverings will follow the general line and gradient of the sub-base floor.
•  On receipt of a deposit, it is deemed that the Seller’s Terms and Conditions of Trading as presented are accepted.  The Seller reserves the right to supply and invoice 5% more or less of the ordered quantity.  The Seller reserves the right to review and amend as necessary the Terms and Conditions of Trading at a later date.
• Only in exceptional circumstances can a cancellation be accepted in writing once deposits have been paid.  In such an event, the Buyer shall be liable to reimburse the Seller in respect of all costs incurred in fulfilment of the order up to the date of cancellation.
• Unless specific payment arrangements have been agreed at the time of order, final payment is required upon completion and on receipt of an invoice.  Time is of the essence.  Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 8% above Abbey National’s base rate in force and shall accrue at such a rate after as well as before any judgement.  The Seller reserves the right to refer any invoice which is not paid by the due date to our nominated debt collectors.  By accepting our terms, the Buyer agree to be responsible for all collections costs, court fees and any of the Seller’s legal costs.  All these additional costs will become the Buyer’s responsibility and will be legally enforceable.  
• In a matter of a dispute and where the dispute only relates to part of the account, then the Buyer may only withhold payment relating to that specific part of the account until such time as the dispute is resolved.  Once resolved, full and final payment is required.  Under no circumstances may the Buyer withhold payment of any invoice or other amount due to the Seller where no dispute refers.
• All Goods will remain the sole and absolute property of the Seller until the price for such Goods and services has been paid in full to include the price of any other outstanding sale.  If Goods are not paid for, the Seller reserves the right to enter the Buyer’s premises to retrieve the Goods even if they have been laid.  In such instances, if the Goods cannot be recovered, the Seller reserves the right to place claim a registrable mortgage or charge on any land or real property to the value of the Goods.  If the Buyer fails to pay for the Goods or stops payment, the Seller has the right to claim related collection costs, legal fees and any other costs as a result of the Buyer’s failure to pay.
• In such instances where Goods are supplied on a cash and carry basis only, the Seller cannot be liable for any failure which is as a result of the fitting, subsequent damage or failure in the subfloor or any costs incurred from any independent arbitration. 
• The Seller’s commitment to the Buyer is to provide a high quality service, the Buyer’s commitment to the Seller is to honour their payment terms and to notify them in writing within 5 days if their service falls below the standard expected so that the issue can be rectified , or take further action, if necessary.
• If Goods are sub-standard, or do not comply with the order, or have been inadvertently supplied, they will be taken back for credit or replacement only if the Seller has been alerted to the problem within  5 days of receipt, failing which all claims shall be deemed to be waived. Any visible defects in the Goods must be notified immediately.  After installation of any Goods no visible defects can be claimed.  Naturally occurring wood characteristics such as variations in grain, colour, mineral streaks and knots are not considered defects.
• If Goods supplied by the Seller to the Buyer are lost, damaged, stolen or destroyed whilst in possession of the Buyer and prior to installation, then the Seller accepts no insurance responsibility whatsoever, even though ownership may not have passed to the Buyer.
• When placing an order or registering as a Buyer, the Seller will store the Buyer’s personal information.  By doing this, the Seller accept that the Buyer stores the information needed to complete the handling of the order.  The Seller will not give any personal information to any third party.  The Seller complies fully with the provisions of the Data Protection Act.
• Lead times run at approximately 4 – 6 weeks and fitting dates are given in good faith by the Seller, they are not guaranteed.  The Seller endeavours to schedule fitting dates around specific timescales, however, should these be moved by the Buyer at short notice – primarily but not exclusively due to building schedule slippages – no guarantee can be given to accommodate revised dates and schedules and the Buyer shall not be entitled to  treat the contract as repudiated or otherwise at an end and the full price shall be payable without deduction.
• The Seller shall not be liable for any delay or failure to perform its obligations if the delay or failure results from events or circumstances outside its reasonable control, or for any unforeseeable events, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery, or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.  In such circumstances, the Seller reserves the right to cancel or postpone the fulfilment wholly or partially of the contract without conferring on the Buyer the right to claim any damages against the Seller.
• From time to time, the Seller may engage sub-contractors depending on the type and nature of the work.  In all instances, prior notification will be provided to the Buyer.
• The Seller assumes that all underfloor gas and water pipes are laid to the British Standards code of practice 331 part 31974, 12.2.1 which specifies a minimum depth of 20mm.  It is the responsibility of the Buyer to alert the Seller to the contrary.   If damage occurs to pipes resulting from fitting of the Goods, the Seller cannot accept responsibility for this and/or subsequent damage, unless notification has been given prior to the fitting of the Goods. The Seller requests that the Buyer specify prior to installation the specific location of any cabling that may either be a hazard, or may be located in a vulnerable place.  The Buyer will not accept liability for any subsequent damage that might occur to the wiring or cables or any other costs incurred relating to the damage.
• Rubber pipes fitted to appliances will perish (become brittle) over time unless they are regularly replaced - this can render the rubber pipes vulnerable to movement.  This must be taken into consideration when the Seller is requested to move kitchen appliances.  The Seller cannot be responsible for leaks that may arise in the above mentioned circumstances and would always recommend a plumber disconnect appliances prior to the floor being fitted.  
• Sub-Base Floors: If sub-base floors are not yet in place at the time of the measure, and the Seller has provided precise specifications as to the way in which the sub-base floor is to be built, it will be assumed  - unless advised in writing – that the specification provided has been adhered to.  The Seller will provide a written quote which will detail the subfloor work to be undertaken by the Seller, taking into account  the specification provided for the build-up of the base floor.   If this specification is not adhered to, and no notice is provided to the contrary, and the floor subsequently fails, then the Seller reserves the right to challenge replacement  or refund.
• The Seller shall not in any event be liable and no claims will be entertained in respect of any complaint whatsoever by the Buyer in connection with the Goods or services thereof unless notice is given and received as required in Clause 10 and 11.  The Seller shall, in no circumstances, be liaible to the Buyer in respect of the supply and laying 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/quoted price.
• The Seller shall not be liable for damage, injury, death, loss of expense to or in connection with any property, persons or other living creatures 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 Buyer agrees to indemnify the Seller for its costs in respect of any such claims and resultant expense.
• Futher and without prejudice to the generality of the foregoing, the Seller shall not in any event be liable for loss, damage, deterioration, wear, expense which may arise directly or indirectly, consequentially or otherwise out of or in connection with any of the following:
• Building defects relating to the sub-base floor, base floor or subfloor which are not visible prior to fitting and which the Seller has no knowledge
• Site conditions which affect the end result of the floor (including excessive heat or excessive dryness : ideal living conditions for wood flooring is: 18-22 degres Celsius with relative humidity of 55%-65%)
• Gapping in wood – this is not a fault but a condition of the product.
• Weather conditions
• The cleaning, maintenance, insufficient protection or use of the Goods
• Buyer’s error in choice of colour or type of Goods
• Variation in weave, shdade and/or colour type of Goods
• The fading of Goods howsoever caused
• Damage caused by sharp objects, nails, claws, shoe heels etc
• Stains
• Infestation by insects or fungus/mould
• Inherent vice of the Goods
• Delay in the delivery
• Shading and pile reversal which is a natural result of carpet wear.  

Or any other circumstances over which the Seller has no control or the consequences of which the Seller could not avoid by exercise of reaonable care.  The Buyer agrees to indemnify the Seller for its costs in respect of any claims for such loss, damage, deterioration or expense.

• Brochure photographs cannot adequately represent the colour and toning of the products, therefore it is recommended that final choices are decided upon after seeing samples.  However, it is important to note that wood is a product fashioned by nature and each sample board is totally unique and must be regarded as a general guide for colour, shade and/or grain characteristics.
• Any verbal advice or written guidelines provided are to be treated as guidelines only and no rights can be obtained from these.
• These conditions and this contract shall be governed by and construed in accordance with English law and the parties hereby submit to the exclusive jurisdiction of the English Courts.