Terms & Conditions of Trading


Settlement

Goods invoiced day after despatch. All invoices due by 20th month following date of invoice. 2.5% discount excl. VAT allowed on invoices settled by due date. We reserve the right to charge interest at 2.5% per month from the due date on accounts which remain unpaid 30 days after the date. Legal costs involved in collection will be added to the account.

Non Delivery

Every effort is made to deliver goods promptly. The Company accepts no liability arising from delay or non-delivery. Non delivery of goods must be reported to the Company within 14 days from date of invoice and confirmed in writing within 3 days of such report otherwise no claim can be considered.

Damage in Transit

The Company cannot accept any responsibility for goods that are damaged in transit unless the Company and carrier are notified within 3 working days of receipt. Written confirmation must be received within 7 days of receipt. The company also not accept liability for any goods that have been signed for as received in good condition.

Delivery Charges

Due to the costs of transport John Lanham Watts Carpets must make a delivery charge of £15 for each and every cut under 3 Linear Metres.

Offshore Deliveries

All deliveries to offshore addresses (Northern Ireland, Isle of Man & Channel islands) will be subject to a surcharge of £30 per cut or £50 per roll over 50 sqm

Return of Goods

No goods will be accepted for return by the Company without it’s prior written consent. Any goods accepted for return may be liable to a restocking charge of up to 25%.

Defective Goods and Complaints

The Company warrants that the goods will be free from defects in material or workmanship. The Company may, at its option, discharge any such liability by supplying free of charge an equal quantity of goods in replacement or by repairing the goods if possible.
The goods must be inspected on delivery by the customer. The Company shall only be liable for any defect if notice of the defect is given within 3 working days of receipt of the goods and written notice given within 7 days of receipt where the defect is readily discernable upon inspection and (6 months) after receipt where the defect is not readily discernable.

Notwithstanding the above, the Company will not be liable where goods have been cut, laid or fitted or where the defect was caused by any act, admission or default of the customer, where the defect was caused by normal wear and tear, negligence of the customer or any failure to follow the sellers or manufacturers instructions or where the goods have been used in abnormal circumstances or unusual conditions. No warranty is given that the goods are fit for any specific purpose, unless such purpose has been disclosed in writing by the customer. The Company is not liable for carpets that have been soiled, inappropriately used or damaged by stiletto heels or pets.

The Company (except in respect of death or personal injury caused by the Company’s negligence) shall not be liable for any loss of profit or any indirect special or consequential loss or damages, costs, expenses or other claims for compensation whatsoever which arises out of or in connection with the supply of the goods and the entire liability of the Company under or in connection with the agreement shall not exceed the price of the goods except as expressly provided in these terms.

Nothing in this clause shall restrict the Company’s liability in respect of death or personal injury arising due to the Company’s negligence.

General

Cut lengths will be cut to next 5cms.

Where carpets are fitted on stairs, provision should be made to move the carpet regularly to spread the wear. The company recommends that stair carpets should be moved every 6 months.

Every effort is made to match weavings as near as possible but an exact colour match cannot be guaranteed.

Slight variations cannot be avoided but tolerances should be within BS 3655 i.e. 1.25% either way.

Any cut pile or velvet carpet is liable to shading and pile pressure.
This can be caused by the pile changing direction which alters the way light is reflected by the carpet. This factor cannot be predicted or prevented and is NOT a manufacturing fault and is NOT detrimental to the durability of the carpet. The Company therefore cannot accept any responsibility relating to this.

Title

All goods sold by the Company shall be at the customers risk from delivery.

In spite of delivery having been made, property in the goods shall not pass from the Company until the Company receives payment in full by or on behalf of the customer of the goods and of all sums (whether in respect of the goods or otherwise) due or owing from the customer to the Company.

Until property in the goods passes to the customer in accordance with this clause the customer shall hold the goods as bailee for the Company and as a fiduciary agent for the Company and shall store the goods safely and separately from the customers own goods or other of any other person and in a manner which makes them readily identifiable as goods of the Company.

Notwithstanding that the goods remain the property of the Company, the customer may sell or use the goods in the ordinary course of business. When such sale occurs the customer shall deal as principle. Until the property in the goods passes from the Company the entire proceeds of sale for the goods shall be held in trust for the Company and shall not be mixed with monies belonging to the customer or paid into an overdrawn bank account.

Until such time as the property in the goods has passed to the customer, the Company shall be entitled at any time to require the customer to deliver up the goods to the Company. If the customer fails to do forthwith the Company or its agents may enter the premises of the customer and take possession of the goods in which the property remains in the Company and remove and dispose of them as the Company thinks fit. The Company shall apply the proceeds of disposal (after deduction of all expenses) in discharge of the amounts unpaid by the customer. The customer will reimburse the Company for any expense incurred.

The customer shall insure the goods at its own expense.

The customer shall immediately inform any third party with an interest in the Company, including any liquidator, receiver or administrator that the goods belong to the Company.