R.S.Bateman Ltd (owner of carpet-accessories.co.uk)
is referred to as "the Company" throughout
quotations are made and all orders are accepted subject
to the following conditions.
All other terms, conditions or warranties whatsoever are excluded from
the contract or any variation thereof unless expressly accepted by the
Company in writing.
of delivery of Goods shall constitute acceptance of these conditions
where acceptance has not previously been communicated by the Customer
to the Company.
are accepted (save where the contrary is expressed in
writing in the acceptance) subject to availability of
stocks of the Goods ordered at the time specified for
any statement or representation has been made to
the Customer by the Company, its servants or agents,
upon which the Customer relies other than the documents
enclosed with the Company's quotation or acknowledgement
of order then the Customer must set out that statement
or representation in a document to be attached
to or endorsed on the order and in any such case
the Company may confirm, reject or clarify the
point and submit a new quotation.
shall not be liable for any loss or damage
whatsoever arising from failure by us to
perform the contract, whether wholly or
in part, which is caused by:
(1) default by our supplies or;
(2) any cause whatsoever beyond our control.
inclusive liability for failure to perform the contract whether wholly
or in part and for negligence (other than liability for negligence resulting
in personal injury or death) shall be limited to:
(1) In cases in which goods are returned complete and in the condition
which they were despatched, the supply of replacement goods.
(2) In all other cases the payment of a sum not exceeding the proportion
of the net invoice price which is attributable to the goods which are subject
of the claim.
no circumstances whatsoever shall we be liable to indirect or consequential
loss or for loss of profits.
for delivery is given as accurately as possible but
is not guaranteed. The Customer shall have no right
to damages or to cancel the order for failure for any
cause to meet any delivery time stated.
date of the delivery shall in every case be dependent
upon prompt receipt of all necessary information, final
instructions or approvals from the Customer. Alterations
by the Customer in design specifications or quantities
required may result in delay in delivery.
by the Customer to take delivery of or to make
payment in respect of any one or more instalments
of goods delivered hereunder shall entitle the
Company to treat the whole contract as repudiated
by the Customer.
Company will endeavour to comply
with reasonable requests by
the Customer for postponement
of delivery but shall be under
no obligation to do so. Where
delivery is postponed otherwise
than due to default by
Company the Customer shall
pay all costs and expenses
including a reasonable charge
for storage and transportation
occasioned thereby and payment
for the Goods shall be made
in accordance with these conditions.
packaging supplied by the Company unless
otherwise expressly agreed is intended
to provide adequate protection throughout
normal conditions of transit of usual
Customer is responsible in all cases for
unloading the delivery and shall be responsible
for all loss or of damage to the Goods
during the course of such unloading.
delivery note or notes for the Company
must be signed on receipt of the Goods.
shall pass to the Customer so that the Customer is
responsible for all loss, damage or deterioration
the Company delivers the Goods by its own transport
or in accordance with a specific contractual obligation
arranges transport for the Goods at the time when
the Goods or a relevant part thereof arrive at
the place of delivery, or
all other circumstances at
the time when the Goods or
a consignment or other part
thereof leave the premises
of the Company.
to the Goods or any relevant
part thereof shall only pass
to the Customer upon the happening
of any one of the following
Customer has paid the Company all sums
due and payable by it to the Company under
the contract and all other prior contracts
between the Company and the Customer,
the Company serves on the Customer notice in writing specifying that title
in the Goods or such part thereof has passed.
Company may recover Goods in respect of which title has not been passed
to the Customer at any time and the Customer hereby licenses the Company
its officers, employees and agents to enter upon any premises of the
Customer for the purpose either of satisfying itself that condition 3.4
below is being complied with by the Customer or of recovery of any Goods
in respect of which property has not passed to the Customer.
title to the Goods has passed to the Customer pursuant
to the terms hereof it shall possess the Goods as a bailee
of the Company on the terms of the contract. If the Company
so requires the Customer shall store the Goods separately
from other Goods and shall ensure that they are clearly
identifiable as belonging to the Company.
will only be agreed to by the Company on condition
that all costs and expenses incurred by the Company
up to the time of cancellation and all loss of profits
and other loss or damage resulting to the Company by
reason of such cancellation will be paid forthwith
by the Customer to the Company.
prices are unless otherwise stated quoted are
inclusive of VAT and carriage costs for online sales
only (UK Mainland only)
and are subject to fluctuation in the event
to local or national awards or increases in the cost
of materials and overheads. Any increase in such
costs during the period of the contract will
be added to
the quoted price.
All other prices quoted in the website are inclusive
of VAT (ie. for telephone orders)
will be subject to a carriage charge - we do this
keep our prices
enable our customers to save time and money.
the event of any alteration being requested by
the Customer and agreed by the Company in design
the Company shall be entitled to make an adjustment
of the contract price corresponding to such alteration.
quoted are for the total quantities shown and
the Company may not offer the rates or prices
for smaller quantities.
deliveries are free other
than orders or part orders
the minimum carriage paid
order value currently applicable,
as specified in a current
quotation, or in the absence
thereof, the Company's
prevailing price list.
orders are subject to minimum order
charge, as specified in a current
special quotation or, in
absence thereof, the
Company's prevailing price list.
otherwise agreed by the Company in writing the terms
of payment shall be made by credit card on order of
goods and services. The Company will submit its invoice
with its delivery advice note or at any time thereafter.
Goods are delivered by instalments the Company
may invoice each instalment separately and the
Customer shall pay such invoice in accordance with
disputes arising under the
contract nor delays beyond
the reasonable control of the
Company shall interfere with
prompt payment in full by the
Company reserves the right to alter or change dimensions
of the Goods supplied within reasonable limits having
regard to the nature of the Goods. Dimensions specified
by the Company are to be treated as approximate only
unless the Customer specifically states in writing
that exact measurements are required.
the event of any loss or damage or delay to any Goods
delivered at our risk to a buyer or to his agent or
otherwise to his order notice of the same shall be
given in writing by the buyer forthwith upon delivery
(or, in the case of the loss of any Goods, at the time
when the Goods should have been delivered) and the
buyer shall at the same time take all necessary steps
to notify the carrier in writing within 24 hours of
any such loss, damage or delay and where practicable
shall enter a note of the same upon the carriers receipt.
If by reason of the failure of the buyer to give any
provided above we are precluded from making a recovery from the carrier
in respect of the loss or damage or delay complained of then we shall not
be liable for any claim by the buyer in respect thereof and the buyer shall
be liable to pay for the Goods as though no such loss or damage has occurred.
are accepted subject to the incorporation in the contract of these Conditions
of Sale and any special conditions of sale, which shall override and
exclude any terms and conditions proposed by a buyer, except insofar
as acceptance of the same has been communicated by us to a buyer in writing.
and conditions proposed by a buyer cannot be accepted
by our staff without express written sanction, it is
a buyers responsibility to ensure that such sanction
has been given.
drawings, drawings, confidential records, computer
software and other information supplied by the Company
are supplied on the express understanding that copyright
is reserved to the Company and that the Customer will
not without the written consent of the Company either
give away, loan, exhibit or sell any such drawings,
documents, records, software or other information or
extracts herefrom or copies thereof or use
them in any way except in connection with the Goods in respect of which
they are issued.
Customer shall be solely responsible for ensuring that
all drawing information, advice and recommendations
given to the Company either directly or indirectly
by the Customer or by the Customer's agents, servants,
consultants or advisers are accurate, correct and suitable.
Examination or consideration by the Company of such
drawings, information, advice or recommendations shall
no way limit the Customer's responsibility thereunder unless the Company
specifically agrees in writing to accept responsibility.
Customer indemnify the Company from and against all actions, claims,
costs and proceedings which arise due to the manufacturer of Goods to
the drawings or specifications of the Customer where such drawings or
specifications are at fault or where it is alleged that they involve
an infringement of a Patent copyright Registered Design or Design Copyright
or other exclusive right.
and Technical Information
information contained in the advertising, sale and
technical literature issued by the Company may be relied
upon to be accurate in the exact circumstances in which
it is expressed otherwise any illustrations, performance
details, examples of installations and methods of assembly
and all other technical data in such literature are
based on experience and upon trials under test conditions
and are provided for general guidance only.
risk in all Goods supplied by us shall pass immediately
they are delivered into the physical custody of a buyer
or his agents, or otherwise to his order. We shall
retain sole and absolute property in such goods as
beneficial owner until such time all moneys due to
us from the buyer have been paid in full, until that
time a buyer shall be in possession of the goods as
bailee only and shall be deemed to have so acknowledge.
buyers right to possession of any goods supplied by
us, shall cease if, being an individual, he commits
an available act of bankruptcy, or, being a company,
a receiver becomes entitled to take possession of any
of its assets or any person becomes entitled to present
a petition for its winding up or it is resolved that
it be wound up. Or under any other circumstances by
which moneys due to us are not forthcoming. We shall
be entitled in these events to enter at any time with
or without vehicles upon any premises at which we reasonably
believe such goods to be stored and to repossess them.
buyer shall be at liberty in the ordinary course
of business to process and make products from and,
as our agent, to sell our goods, whether paid for,
or not. The proceeds of any such sale shall be
for our account and shall be held in trust for
us to the extent of the full price of the goods.
party shall be under any liability for any delay, loss
or damage caused wholly or in part by act of God, governmental
restriction, condition or control or by reason of any
act done or not done pursuant to a trade dispute whether
such dispute involves its employees or not or by reason
of any other act, matter or thing beyond its reasonable
control including failure by the other party to carry
out the provisions of these conditions.
contract shall be governed and interpreted exclusively
according to the Law of England and shall be subject
to the jurisdiction of the English Courts only.
Ltd reserve the right to make product design changes
to carpet accessories in this website,
for reasons including improvement of performance and other factors dictated
by market forces.
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