Terms and Conditions
TERMS AND CONDITIONS OF KUDOS FLOORING
Please read these terms and conditions carefully as they set out important provisions which will affect you and are
deemed to form part of the Agreement. In particular please consider clause 5 (The Goods and Natural Variations) and
Clause 11 (Limitations and Exclusions of Liability).
- 1. Definitions
In this Agreement, unless the context requires otherwise:
1.1 ‘Agreement’ means the agreement between the Company and the Customer comprised of these
Conditions and the Order Form; 1.2 ‘Business Day’ means any day which is not a Saturday, Sunday or a
bank or public holiday in England; 1.3 ‘Conditions’ means these terms and conditions and any special
terms and conditions agreed in writing by the Company; 1.4 ‘Consumer’ means any natural person who
acting for purposes outside his business has concluded an Agreement with the Company exclusively via
the telephone, fax, e-mail, catalogues or other means of distance communication who has additional
rights of cancellation pursuant to clauses 8 and 9. 1.5 ‘Customer’ means the person or entity specified on
the Order Form; 1.6 ‘Delivery Date’ means the date specified on the Order Form by the Company when
the Goods are to be delivered; 1.7 ‘Goods’ means the articles which the Customer agrees to buy from the
Company; 1.8 ‘Order Form’ means a form signed by the Customer confirming the order of the Goods; 1.9
‘Price’ means the price for the Goods excluding carriage, packing and insurance; and
1.10 The ‘company’ means Stone Wood and Porcelain 30 Thornwood Close, London, E18 1RH
- 2. Conditions applicable
2.1 These Conditions shall apply to all contracts for the sale of Goods by the Company to the Customer
and where applicable the supply of services to the exclusion of all other terms and conditions including
any terms or conditions which the Customer may purport to apply under any purchase order, confirmation
of order or similar document. 2.2 All orders for Goods shall be deemed to be an offer by the Customer to
purchase Goods pursuant to the Conditions. 2.3 Acceptance of delivery of the Goods shall be deemed
conclusive evidence of the Customer’s acceptance of the Agreement. 2.4 Any variation to the agreement
(including any special terms and conditions agreed between the parties) shall be inapplicable unless
agreed in writing by the company.
3. Price
3.1 Unless otherwise agreed by the Company in writing, the Price shall be the price set out in the Order
Form. 3.2 The price is exclusive of any value added tax and all costs or charges in relation to carriage and
insurance, all of which amounts the customer shall pay in addition when it is due to pay for the goods.
- 4. The Goods and natural variations
4.1 The quantity and description of the Goods shall be as set out on the Order Form.
4.2 All samples, descriptive matter, specifications and advertising issued by the Company and any
descriptions or illustrations contained in the Company’s catalogues, brochures or internet website are
issued or published for the sole purpose of giving an appropriate idea of the goods described in them.
4.3 The Customer acknowledges that due to the natural variations of stone the Company cannot
guarantee colour or shade differences between the batches of tiles. 5.4 The Customer is advised to
increase the size of his order by 10% to cover wastage that may occur during site handling and if any of
the Goods are damaged during delivery.
- 5. Delivery of the Goods
5.1 Delivery of the Goods shall be made by palletline logistic services within 1-5 working days to the address specified on the Order Form. - The Goods may be delivered in advance of the Delivery Date upon the giving of reasonable notice to the Customer. The Customer shall make all arrangements to take
delivery of the Goods whenever they are tendered for delivery. 5.2 The Company uses an independent
delivery company for which the Company is not responsible and therefore the Company cannot guarantee
the delivery times. The delivery driver will not handle the Goods and deliveries will be made to the kerb
side at the delivery address specified on the Order Form. 5.3 The Customers shall provide at the delivery
point and at its expense adequate and appropriate equipment and manual labour for handling the Goods.
5.4 The Company will not be responsible for the Goods once they have been received and accepted by
the Customer. 5.5 If for any reason the Customer fails to accept delivery of any of the Goods or the
Company is unable to deliver the Goods on time because the Customer has not provided appropriate
instructions: 5.5.1 risk in the Goods shall pass to the Customer; 5.5.2 the Goods shall be deemed to have
been delivered; and 5.5.3 the Company may store the Goods until delivery, whereupon the Customer shall
be liable for all related costs and expenses (including without limitation, storage and insurance). 5.5 Any
dates specified by the Company for delivery of the Goods are intended to be an estimate only and time
for delivery shall not be made of the essence by notice. If no dates are so specified, delivery shall be within
a reasonable time.
- 6. Acceptance of the Goods
6.1 The Customer should inspect the Goods on delivery. 6.2 If the Customer is not satisfied with the Goods
he can either refuse the Goods on delivery or return the Goods to the Company within 7 days from the
delivery specifying the reasons for return and in accordance with clause 6. 7.3 The Customer shall be
deemed to have accepted the Goods if the Goods have not been returned to the Company in accordance
with clause 6.2 above. 6.4 After acceptance the Customer shall not be entitled to reject Goods which are
not in accordance with the description on the Order Form save in the circumstances set out in clause 8.
6.5 The quantity of any consignment of Goods as recorded by the Company upon despatch shall be
conclusive evidence of the quantity received by the Customer on delivery unless the Customer can provide
conclusive evidence proving the contrary.
- 7. Right of cancellation for consumers
7.1 Subject to clause 7.6 a Customer who is a Consumer has the right to cancel the Agreement within
Ten Business Days beginning with the day on which the Goods are delivered to the Consumer by giving
a written notice of cancellation to the Company. 7.2 A notice of cancellation in clause 7.1 shall be treated
as being properly given if it is addressed to the Managing Director of the Company and sent by post, fax
or e-mail to the trading address of the Company noted on the Order Form. The notice of cancellation must
specify the number of the order listed on the Order Form, name and contact details of the Consumer and
the arrangements made by the Consumer to return the Goods to the Company. 7.3 In the event that the
Consumer cancels the Agreement pursuant to clause 7.1 the Consumer is responsible for returning the
Goods to the Company and any associated costs such as delivery and insurance expenses. The Consumer
is liable for any damage that may occur in returning the Goods to the Company until they have
been returned and accepted by the Company and must take reasonable care of them.
7.4 If the Consumer cancels the Agreement in accordance with clause
- 8. Reimbursement
8.1 the Company shall reimburse any sum paid by or on behalf of the Consumer less any charge of recovering the Goods in the event that the Consumer fails to return the Goods in accordance with clause 8.3. 8.5 For the avoidance of doubt
whether the Customer is a Consumer shall be determined by the Company acting in its sole reasonable
opinion. A Customer who is not a Consumer shall not have a right of cancellation. 8.6 A Consumer will
have no right of cancellation where Goods are made to the Consumer’s specification or clearly
personalized or which by reason of their nature cannot be returned or liable to deteriorate or expire rapidly.
8.7 Any complaints about the performance of the Company pursuant to these conditions must be
addressed to Managing Director of the Company at the trading address shown on the Order Form.
- 9. Title and risk
9.1 The Goods are at the risk of the Customer from the time of delivery. 9.2 Ownership of the Goods shall
not pass to the Customer until the Company has received in full (in cash or cleared funds) all sums due to
it in respect of: 9.2.1 the Goods; and 9.2.2 all other sums which are or which become due to the Company
from the Customer on any account. 9.3 Where the Customer collects the Goods from the Company’s
premises then the Goods will be at the Customer’s risk from that point.
- 10. Limitations and exclusions of liability
10.1 Subject to clause 5 and your statutory rights, all warranties, conditions or terms relating to fitness
for purpose, quality or condition of the Goods, whether express or implied by statute or common law or
otherwise are excluded to the fullest extent permitted by law. 10.2 Nothing in the Agreement excludes or
limits the liability of the Company for death or personal injury caused by the Company’s negligence, for
any matter which it would be illegal for the Company to exclude or for fraud or fraudulent
misrepresentation. 10.3 Subject to clause 11.2: 10.3.1 the Company’s total liability in contract, tort
(including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in
connection with the performance or contemplated performance under this Agreement shall be limited to
the Price; and 10.3.2 the Company shall not be liable to the Customer for any pure economic loss, loss of
profit, loss of business, depletion of goodwill or otherwise, in each case whether direct, indirect or
consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise
out of or in connection with the Agreement. 10.4 Where the Customer rejects any Goods then the
Customer shall have no further rights whatever in respect of the supply to the Customer of such Goods or
the failure by the Company to supply Goods which conform to the contract of sale. 10.5 Where the
Customer accepts or has been deemed to have accepted any Goods then the Company shall have no
liability whatever to the Customer in respect of those Goods save as set out herein. 10.6 The Company
shall not be liable to the Customer for late delivery or short delivery of the Goods.
- 11. General
11.1 The Company reserves the right to defer the date of delivery or cancel the Agreement or reduce the
volume of the Goods if it is prevented from or delayed in the carrying on of its business due to
circumstances beyond its reasonable control, including without limitation acts of God, natural disasters or
restraints or delays effecting suppliers or carriers. If the event in question continues for a period of 1
month the Customer shall be entitled to terminate the Agreement. 11.2 If any provision of this Agreement
is found by a body of competent jurisdiction to be wholly or partly illegal, invalid, void, unreasonable or
unenforceable then the contravening element shall be deemed severable and the remaining provisions of
the Agreement such continue in full force and effect. 11.3 This contract is subject to the law of England
and Wales and is subject to the exclusive jurisdiction of the English courts.