Reflex Sports Floors are part of the British Wood Flooring Association.


© Reflex Sports Floors 2007
Terms & Conditions
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Reflex Sports Floors Ltd Terms & Conditions of Sale

General

  • Subject as below all contracts for the supply of goods by Reflex Sports Floors Ltd (The Company) will be subject to the following terms and conditions and in dealing with the Company the Buyer accepts that these terms and conditions shall apply to any Contracts between the parties in preference to the Buyers own terms and conditions if any.
  • "Working Days" means any day between Monday to Friday inclusive but excluding bank and public holidays.

Quotations

  • Quotations and any accompanying technical or other information supplied by us are illustrative only and are not offers from the company capable of immediate binding acceptance. A Contract shall come into existence only when we accept your order.

Prices

  • All prices are subject to VAT.
  • Goods will be invoiced at the prices prevailing at the date of dispatch unless prior arrangements to the contrary have been agreed in writing.
  • The company reserves the right to vary quoted prices:
    • to conform its prices for similar goods at the date of dispatch
    • to take account of changes in manufacturing or other costs between quotation and delivery.

A new price list will be issued periodically but the Company reserves the right to alter prices and specifications without notice.

Delivery

  • The Company reserves the right to only deliver to the buyers business address unless by prior arrangement.
  • The goods are delivered when either:
    • You collect them from the company or
    • If you have requested an alternative delivery point and we have agreed, when we have delivered the Goods to that place. If the buyer requests changes to the delivery point, you shall be liable for any charges made by us or any additional costs or expenses incurred by the company as a result of such a change.
  • All goods are offered subject to being unsold on receipt of order.
  • The Company will not be liable for any loss, damage or expense of whatsoever nature and howsoever caused arising out of the failure of the Company by non-delivery, late delivery or otherwise to fulfil and contract with the Buyer unless such loss or damage or expense arises as a result of any neglect or omission by the Company itself, its employees or agents.
  • Without prejudice to the provisions of sub-paragraph (d) of this paragraph the Company will not entertain any claim for non-delivery unless written notification is received by the Company within 7 days of receipt of invoice.
  • In the event of the Company accepting back goods incorrectly ordered, the Company shall be free to make, and the Buyer will pay a reasonable charge for all expenses incurred as a result of the Company so doing.
  • Time for delivery of goods shall not, unless otherwise expressly agreed, be of the essence, and the Buyer shall not be entitled to cancel the order for non-delivery unless he has given the Company 21 days notice in writing of his intention so to do in the event of the goods not being delivered within that time.
  • Under no circumstances whatsoever shall the Company's liability under any contract between the Company and the Buyer exceed the invoice price of the particular goods the subject of the claim except in so far as the Buyer has given notice in writing prior to the conclusion of such contract to the Company of any factors indicating that such liability would exceed the invoice price.
  • Goods are delivered on the Company's own transport or by Carriers appointed by the Company during the Working.
  • The goods shall be presumed to have been delivered in good and undamaged condition if on delivery of it the receiver signs the consignment note without making any notation on it as to the damage or loss alleged to have been suffered.

Risk in Property and Title

  • Risk of damage to or loss of the goods shall pass to the buyer:
    • in the case of goods to be delivered at the Company's premises at the time when the Company notifies the Buyer that the goods are available for collection or
    • In the case of goods to be delivered otherwise than at the Company's premises at the time of delivery or, if the Buyer wrongfully fails to take delivery of the goods, the time when the Company has tendered delivery of the goods.
  • Until such time as the property in the goods passes to the Buyer the buyer shall hold the goods as the Company's fiduciary agent and bailee, and shall keep the goods separate from those of the Buyer and third parties and properly identified. Until that time the Buyer shall be entitled to re-sell or use the goods in the ordinary course of its business, but shall account to the Company for the proceeds of sale or otherwise of the goods.
  • Until such time as the property in goods passes to the Buyer (and provided the goods are still in existence and have not been re-sold) the Company shall be entitled at any time to require the Buyer to deliver up the goods to the Company and, if the Buyer fails to do so forthwith to enter upon any premises of the Buyer or any third party where the goods are stored and repossess the goods.

Warranties and Claims

  • The Company warrants that the goods will correspond with their specifications at the time of delivery and will be free from defects in materials and workmanship.
  • Save as aforesaid except where the goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977) all warranties, conditions or other terms implied in or by Statute or Common Law are excluded to the fullest extent permitted by law.
  • The company will not in any event be liable for loss of profit, injury, damage or any consequential or special loss or damage sustained by the customer, howsoever arising.
  • Where the Buyer has used or installed the goods such use or installation shall be taken as conclusive evidence that the Buyer has accepted the goods notwithstanding that there is a defect in the quality or condition of the goods or that they fail to correspond with the specification and the Buyer in those circumstances waives the right to make any claim against the Company.
  • Subject to (c) above any claim by the Buyer based on any defect in the quality or condition of the goods or their failure to correspond with the specification shall be notified to the Company within 7 days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure.
  • Subject to (d) above where any valid claim in respect of any of the goods which is based on any defect in the quality or condition of the goods or their failure to meet their specification is notified to the Company in accordance with these conditions, the Company shall be entitled to replace the goods free of charge or, at the Company's sole discretion, refund the Buyer the price of the goods (or if a portion a part thereof) but the Company shall have no further liability to the Buyer.

Return of Goods

The customer will contact the company for a returns number, before returning any goods and are subject to the following conditions:

  • They are returned within 14 Days of purchase, in the unopened packaging, and are subject to a full inspection.
  • The goods value before any deductions value £50 nett of VAT.
  • All returned goods are subject to a 20% handling charge with no exceptions.
  • The customer will return the goods at their own cost, the company may organise collection of the return with the cost of shipment being deducted from any credit given. Should the product be found to be faulty at time of supply, any cost of return shipment will be refunded.
  • All goods returned failing inspection not collected by the customer within 14 days may be disposed of by the company with no liability.

Payment/Refunds

The terms of payment are as follows:

  • For Buyers with credit facilities - Nett by 20th of the month following invoice.
  • For Buyers without credit facilities - Nett cash with order before delivery.
  • In all cases VAT should be taken at Nett.
  • Payment may be made by credit card (MasterCard or Visa) prior to delivery should the facility be available.
  • Any refunds due where original payment was made by credit card will be refunded back to the original credit card unless written authorisation is made by the card holder to the company, otherwise all other refunds will be made by cheque.

Non-Payment

  • All overdue accounts will bear an administration fee of £50 on any outstanding debt and interest of 4% per month with a minimum fee of £25, which may be collected by a nominated risk management company or authorised company agents.
  • The company reserves the right to withhold deliveries in the event of non payment of any overdue monies.

Interpretation

These conditions and any act or contract to which they apply shall be governed by English Law.

Credit Accounts

When establishing credit facilities for the Buyer, the Company reserves the right to make a search with one or more credit reference agencies. A record of such searches will be held by the Company and this information may be shared with other businesses. The Company also reserves the right to make enquiries about the Buyer's principal and directors with one or more credit reference agencies.