
1. The Wood Gallery is a trading name of Andrew Banks Trading
Ltd. All sales shall be deemed to be made between the Buyer and
Andrew Banks Trading Ltd in accordance with the Terms and Conditions
of sale mentioned hereafter. In the event of any conflict between
these Conditions and any Terms and Conditions put forward by the
Buyer, these Conditions shall prevail.
By buying goods and/or services from Andrew Banks Trading Ltd,
Buyer accepts our Terms and Conditions.
2. No person has the authority to make any representation
on behalf of Andrew Banks Trading Ltd which
is not made or confirmed in writing and the Buyer shall not rely
upon any representation unless made or
confirmed in writing.
3. All printed price lists and all quotations are
subject to alteration without notice. Prices quoted in respect
of an order are based on wage rates, laying costs, delivery charges
and material costs current at
the date of the order and are, therefore, subject to fluctuations
beyond the Seller's control. The final price
payable may, therefore, be subject to the costs of such matters
ruling at the date of dispatch from the
Seller's works.
4. VAT shall be added at the applicable rate to all prices quoted.
5. Goods are not sold (or tested) as conforming
to any British Standard Specification or as fit for any particular
purpose, unless expressly stated in writing and any Term, Condition
or warranty that the goods
are so fit is excluded.
6. To secure an order, customers will confirm in
writing their acceptance of such and by sending a preagreed
deposit. 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 would
be quoted for accordingly. Once an
order confirmation is issued, Buyer agrees to purchase the goods
as specified. Orders cannot be cancelled
more than 48 hours from order confirmation. Special productions
and finishes require a non-refundable 50% deposit
prior to production and, once produced, cannot be cancelled. Andrew
Banks Trading Ltd reserves the
right to supply and invoice up to 5% more or less than the ordered
quantity.
7. All accounts and invoices are to be paid prior to despatch unless
other Terms have been agreed in
writing between the Buyer and Andrew Banks Trading Ltd.
8. Whilst delivery dates are given in good faith by the Seller,
they are not guaranteed and the Seller
hereby excludes liability for loss or damage of whatever nature
caused by delay in completing or delivering,
or failure to complete or deliver, any order or goods and the customer
shall not be entitled to treat
the contract as repudiated or otherwise at an end by reason only
for such delay and the full price shall be
payable without deduction.
9. The risk in the goods shall remain with the Seller until delivery
to the designated place of delivery.
10. Any shortages, damages or complaints concerning the goods,
wherever delivered or collected,
should be notified, in writing, to the Seller within seven days
from the date of delivery or collection, failing
which all claims shall be deemed to be waived. Any visible defects
in the goods must be notified immediately
after delivery or collection and Andrew Banks Trading Ltd must
be allowed sufficient time to replace
any faulty goods prior to installation. After installation of any
goods no visible defects can be claimed.
11. Wood is a natural product and can be subject
to infestation. Although all products are kiln-dried and
the utmost care is taken, no manufacturer guarantees their products
against infestation and, therefore,
no guarantee or warranty is given by Andrew Banks Trading Ltd.
12. In installing or using goods or equipment supplied
by Andrew Banks Trading Ltd, the Buyer shall observe
all instructions, directions and warnings issued by Andrew Banks
Trading Ltd or the manufacturer.
13. The ownership of the goods shall not pass to
the Buyer until the Buyer has paid Andrew Banks Trading
Ltd the whole price and the price of any other outstanding sale.
Notwithstanding that ownership of
the goods shall not pass to the Buyer, save as provided above,
the goods shall be at the risk of the
Buyer from the collection by or delivery to him of the goods.
14. All cases of Force Majeur such as war, riots,
strikes, lockouts, bankruptcy, fire, water damage, delay
in transport, lack of means of transport, breakdown in factories
or those of our suppliers or of any unforeseeable
events give us the right to postpone the fulfilment of the contract
as well as to cancel it partially
or wholly without conferring on the Buyer the right to claim any
damages against Andrew Banks Trading
Ltd or the manufacturer.
15. The Buyer shall have no right to cancel an order, unless agreed
in writing by the Seller and, in any
such event, the customer shall be liable to reimburse the Seller
in respect of costs incurred by it in fulfilment
of the order up to the date of its cancellation by the Buyer.
16. All contracts subject to these Conditions between
the Buyer and Andrew Banks Trading Ltd shall be
subject to and interpreted in accordance with English law and the
Buyer hereby agrees to submit to the
non-exclusive jurisdiction of the English Courts in respect of
any claims, disputes or differences arising
out of or in connection with any such contract.
17. If we are laying the floors, unless specifically quoted for,
it is assumed that the existing floor covering will be removed
and a sound level sub-floor provided, and that skirtings will be
removed and supplied and fitted by yourselves after the floor is
laid.
18. Site conditions which affect the end result
of your floor cannot be held to be the responsibility of Andrew
Banks Trading Ltd. Any verbal advice or written guidelines provided
are to be treated as guidelines
only and no rights can be obtained from these. The Buyer is required
to advise and instruct the end user
with respect to caring for the floor, including relative humidity
in the premises, cleaning and maintenance,
but not excluding any other care recommendations.
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