1. Subject to paragraphs 5, 6, 9 and 10, Allfloors will carry out the work in accordance with the Order overleaf.
2. The customer shall ensure that sufficient space has been cleared for installation, and that access is unrestricted. Adequate parking and vehicle access must be provided. Any charges incurred by Allfloors for parking etc will be chargeable to the customer. Prior to installation, the customer will cover and protect from dirt and dust all surfaces which do not require to be removed. Allfloors reserve the right to charge £30 for every half hour installation is delayed as a result of the customer’s breach of this condition.
3. If the customer fails to pay any part of the price within seven days of the date when it becomes due, Allfloors may charge interest at the rate of 2% per month on any outstanding amount.
4. Ownership of the goods shall not pass to the customer until the customer has paid Allfloors the whole of the price. The customer shall not be entitled to retain any part of the price pending completion of snagging items, or for any other purpose.
5. Allfloors shall use all reasonable endeavours to achieve delivery or installation by any specified or requested date, but each such date is to be treated as an estimate only, and time shall not be of the essence of this contract.
6. Allfloors shall not be liable for any delay or failure to perform any of its obligations as a result of circumstances outside its reasonable control, including but not limited to fire, water damage, delay in transport, breakdown of machinery or shortage or unavailability of materials, and further in such a case Allfloors shall be entitled to a reasonable further period to perform its obligations.
7. Allfloors will make good any damage caused by it in the course of installation, and on completion will leave all surfaces clean and tidy.
8. It is the customer’s responsibility to check that the installation has been carried out to their satisfaction. If the customer is absent when the installation is completed, the installation will be deemed to be completed to the customer’s satisfaction. Any subsequent visit to verify this will be chargeable at the rate of £30 for every half hour, including travel time.
9. Allfloors may refuse to proceed with any installation if it deems the installation location to be hazardous, or installation conditions otherwise unreasonable.
10. Allfloors shall be entitled to vary the goods, providing that the substitute are of equivalent quality and price.
11. If the customer provides incorrect measurements or other incorrect information, Allfloors shall be entitled to increase its price to cover the cost of making good any errors or doing any additional work required.
12. The customer may cancel this contract by notice in writing to Allfloors within five days of the date of this contract. Otherwise the customer may cancel this contract only with the agreement of Allfloors. In the event of such agreed cancellation, Allfloors shall be entitled to deduct from the deposit a fair and reasonable amount for expenses incurred, and services rendered, up to the date of cancellation. Any notice to cancel the contract must be given in writing and posted or delivered by hand to the address of Allfloors shown overleaf, quoting the contract number.
13. Allfloors shall be entitled to cancel the contract where the work shown in the order form cannot be carried out in safety, as provided for in Condition 6, or for any other technical reason. In such a case, Allfloors will return the deposit to the customer under deduction of expenses incurred by Allfloors up to the date of cancellation.
14. Allfloors shall have no responsibility for any damage caused to the goods as a result of the failure of the customer properly to maintain the goods. Without prejudice to the foregoing generality, the customer shall be obliged to maintain the goods by following any recommendation of the manufacturer.
15. Allfloors shall accept no liability for any indirect consequential loss, damage or special or punitive damages or costs of any loss of profit, revenue, business contracts (whether direct or indirect) in each case, however caused, even if foreseeable and even if Allfloors has been advised on the possibility of such damages. Nothing in this contract, however, shall exclude or limit the liability of Allfloors for personal injury arising from the negligence of Allfloors.
16. This contract comprises the whole agreement between Allfloors and the customer. The customer acknowledges that they have not entered into this contract in reliance upon any statement, warranty, or representation made by Allfloors, unless confirmed in writing.
17. If any term of this contract shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term shall be divisible from the remaining terms, which shall remain enforceable.
18. Allfloors may assign, transfer, novate or subcontract any or all of its rights and obligations under this contract.
19. This contract shall be governed and construed in accordance with Scots law, and the parties hereby submit to the exclusive jurisdiction of the Scottish courts.