TERMS & CONDITIONS
All goods are supplied in accordance with our Current Terms and Conditions of Sale. Please ensure you have a copy and if you require one please contact our office. The following Terms and conditions apply to trade both in our Republic of Ireland Office and Our Northern Ireland office.1) The following are extracted from the current terms and conditions of sale and shall apply in all transactions and contain all the terms thereof except as otherwise specifically agreed in writing by Laydex and the Purchaser beforehand and override any terms or conditions incorporated or referred to by the Purchaser which may be at variance with the terms and conditions set out herein.
TERMS OF PAYMENT
2) Unless otherwise stated in writing payment for the goods shall be made
within thirty days of the date upon which the goods are invoiced.
3) Laydex may at any time require the Purchaser to make payment in advance of delivery.
4) Should the Purchaser fail to make payment by the due date then Laydex reserves the right without prejudice to any other remedy which it may have to cancel this contract and/or any other contract between the Purchaser and Laydex and/or suspend delivery until payment shall have been made.
5) Laydex reserves the right to charge interest on overdue accounts at the rate of 1.5% per month (apportionable by the day) on all overdue accounts.
QUOTATIONS
6) Laydex shall not be bound by any oral quotation given, unless
confirmed in writing. Goods will be invoiced at the price ruling at the date
of dispatch and a carriage contribution may be payable based on rates then
applicable. Laydex reserves the right to vary prices without notice.
Discounts do not apply unless by arrangement with Laydex.
DELIVERY/WARRANTIES
7) No claim shall be maintainable by the Purchaser against Laydex for
loss or damage to the goods unless the delivery docket is appropriately
endorsed with brief details of the loss and/or the nature of the damage, and
a written claim is submitted to Laydex within 7 days of the date of
dispatch shown on the delivery docket. If the Purchaser shall fail to give
such notice the goods shall be deemed in all respects to be in accordance
with the contract and the Purchaser shall be bound to accept and pay for the
same accordingly.
8) The Purchaser shall determine the suitability of the products for their intended use and shall not rely upon any representations made by or on behalf of Laydex. The Purchaser must satisfy themselves that the goods are fit for the purpose for which the Purchaser intends to use them save as herein stated all express or implied statutory or other warranties, representations, whether as to fitness or otherwise, relating to the goods supplied by Laydex is hereby excluded.
9) Laydex shall not be liable to the Purchaser for any loss, damage, delay, injury or any consequential or special loss or damage sustained by the customer whatsoever, howsoever, and whensoever caused arising directly or indirectly out of or in connection with the performance or non performance of Laydex's obligation, including but without prejudice to the generality of the foregoing, loss or damage or delay caused by any faulty or unsatisfactory goods sold.
10) Acceptance of goods will be treated as acceptance of Laydex's conditions.
OWNERSHIP
11) The risk in the goods shall pass to the Purchaser upon delivery of the
goods to them or any carrier or location nominated by the Purchaser.
Notwithstanding delivery and the passing of risk to the Purchaser the
property in the goods shall remain in Laydex's possession until the
Purchaser has paid all monies owed by them to Laydex under this or any
other contract or otherwise and that by virtue of the fiduciary relationship
between the Purchaser and Laydex the Purchaser will hold the proceeds of
sale in trust for Laydex absolutely to pay there out all monies due to
Laydex under this or any other contract or otherwise.
12) The Purchaser agrees that in the event of the goods being made into any product either alone or mixed with other materials and becoming a constituent of any such materials or products, the Purchaser herein declares that (1) the ownership of the product and/or materials belongs to Laydex as security for the payment of all monies due on foot of this contract (2) by virtue of the fiduciary relationship between the Purchaser and Laydex they hold the proceeds of sale of any such product and/or materials in trust for Laydex absolutely to pay thereof all monies due by the Purchaser under this or any other contract or otherwise and (3) they shall execute at their expense any deed, document or paper or do any act or thing necessary to vest the title to the said product and/or materials in their possession and to transfer the proceeds of the sale thereof to Laydex.
13) Until the property therein has passed, Laydex shall be entitled upon demand to enter the premises of the Purchaser and to recover possession of any goods supplied and the Purchaser in accepting these conditions irrevocably grants a licence to Laydex to enter the Purchaser's premises for that purpose.
CONTRACT
14) The contract shall be governed and interpreted by Irish Law. PLEASE NOTE
THE FOLLOWING CONDITIONS APPLYING TO FLOORING MATERIALS:
CANCELLATIONS
Cancellations cannot be accepted for cut length orders after goods have been cut or despatched, or for Contract or Special Orders of non stocked lines brought in.
MATCHING
For technical reasons it is not possible to colour match from different
batches. Orders that need to colour match must be placed at the same time.
Every effort will be made to supply orders for Floor coverings from the same
batch but Laydex cannot accept claims for shade variations once the
material has been laid.
GOODS RETURNED
Goods supplied in accordance with the contract cannot be returned without
Laydex's prior written consent. Laydex will only accept material
back which is in a saleable condition and returned in full rolls or full
boxes. Any goods accepted for return will be liable to a handling charge of
25% of their value with no exceptions. 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 days of purchase, in the unopened packaging, and are subject to a full inspection.
- The goods value before any deductions must exceed a value £50 net of VAT.
- All returned goods are subject to a 25% handling charge with no exceptions.
- The customer will return the goods at their own cost, Laydex 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.
DELIVERIES
Requests for deliveries to contract sites will be facilitated as much as
possible with the co-operation of our carriers. Please ensure that there is
assistance available for off-loading. Information on date of delivery is
given in good faith. Laydex cannot accept responsibility for delays in
delivery however caused.
DAMAGE IN TRANSIT
If goods are damaged in transit the carriers note must be endorsed
accordingly and Laydex notified of the damage within 7 days. Failure to
notify will invalidate any claim.
CUT LENGTHS
Special Orders requiring cut lengths will be invoiced at cut length price
regardless of whether supplied with or without a full roll and will be
charged to the next 0.25 linear meter.
LIABILITY
Liability in all cases will be limited to the value of goods supplied.
Claims for manufacturing faults will not be accepted after goods have been
laid. Floor coverings should therefore be inspected prior to fitting. Laydex
will not accept any responsibility for shrinkage of Carpets which have not
been secured to the floor. All carpets should be inspected prior to cutting
and fitting to ensure the correct pattern and quality has been received.
FORCE MAJEURE
(a) Any times or dates quoted for the manufacture or dispatch of goods are
intended to be estimates only and Laydex shall not be liable in any
manner whatsoever for failure or delay in manufacture or delivery howsoever
such a failure or delay shall have been caused.
(b) Laydex shall have the option to affect dispatch by instalments and
to issue a separate invoice in respect of each instalment.
(c) Without prejudice to Laydex's rights under Clause (a) above all
contracts or quotations may be cancelled or suspended without liability on
Laydex's part by reason of contingencies beyond its control such as
strikes, lockouts, fire or the like interrupting due deliveries, causing
shortage of supplies or abnormally affecting prices of raw materials, or by
reason of the Laydex's inability to secure the necessary materials,
labour, transport or licences.
LENGTH AND WIDTH TOLERANCES
All goods sold or supplied by Laydex are subject to a length and width
tolerance of plus or minus 1mm for tiles. All other products to BS3655 plus.