TERMS & CONDITIONS
1.1 In these conditions “Company” means Modeco Interiors of 35-37 High Street, Sittingbourne, Kent, ME10 4AP.
“Estimate” means the estimate provided to the Customer detailing the Goods to be supplied by the Company and the price to be paid by the Customer for those Goods;
“Customer” means the person named in the Estimate;
“Goods” means the items or any of them described in the Estimate;
“Contract” means the contract for the sale by the Company to the Customer of the Goods constituted by these terms and including the Estimate.
1.2 The headings are for convenience only and do not affect interpretation.
2. Basis of the sale:
2.1 Where Goods only are supplied under the Contract those Goods are sold by the Company to the Customer on the terms contained in the Sales of Goods Act 1979 except as expressly varied by the Sales Invoice and or by these terms.
2.2 Where Goods are provided and fitted under the Contract, the Goods are provided on the terms contained in the Supply of Goods and Services Act 1982 except as expressly varied by the Sales Invoice or by these terms.
2.3 No change may be made to the Contract unless agreed in writing by the Company.
3. Payment: Unless a customer has a bona fide trading account with the Company, all sales are on the following basis:
3.1 Excluding goods supplied under cause 3.7, a deposit of 50% of the total amount of the order is due upon placement of order with the balance being due within 7 days of receival of the final invoice. In cases where the Company is required to store the Goods or fitting takes place more than 30 days from order or the order is part of a promotional offer the full sum of the goods and materials may become due within 30 days of the order being placed.
3.2 Time is of the essence for payment and interest shall begin to accrue on the outstanding balance from 7 days after invoice at 4% over the base lending rate of HSBC Bank Plc.
3.3 In the event that payment is late and the Company litigates to ensure performance of the Contract, the Customer shall pay the sum of £500 plus VAT to the Company in addition to the Contract price on entry of judgement in the Company’s favour or on the earlier settlement of the claim by the Customer as a contribution towards the Company’s anticipated legal expenses.
3.4 The price shown on the Contract is a fixed price as on the date of contract. Any subsequent price or offer advertised during any store promotion will not be applicable.
3.5 It is the responsibility of the customer to check that all seams and additional services are agreed at the point of order. Our estimate will stipulate any additional items to the standard supply and fitting service such as uplift and disposal of existing floorcovering, easing of doors, moving of furniture etc. as discussed agreed at the time of measuring.
3.6 Please note the title of goods supplied remain the property of Modeco Interiors until fully paid for in accordance with our Terms and Conditions of sale.
3.7 Supply only purchases must be paid for in full at the time of ordering. No flooring will be ordered unless paid for in full. As the Company orders flooring in, the Company does not accept returns unless faulty therefore the Customer must ensure they are ordering the correct amount of flooring.
4. Order and specification:
4.1 The Company may make and changes to the specification of the Goods without notifying the customer in so far as such changes of specification do not materially affect the appearance or quality or performance of the Goods.
4.2 If the Company seeks to change the specification of the Goods and such change in specification shall materially affect appearance or quality or performance of the Goods then the Company shall notify the Customer of the proposed changes and the Customer shall have the option to rescind the contract by notice within 7 days and the Company shall in that event return the deposit in full.
5. Cancellations: The following conditions apply in respect of any cancellations:
5.1 If the Customer chooses to cancel the Contract before delivery of the Goods and not in the circumstances described in clause 4.2 above, the Company shall retain the deposit and the Goods.
5.2 Goods specially ordered cannot be cancelled and any deposit cannot be refunded unless the Company are able to obtain a zero-cost cancellation with their suppliers.
5.3 The Customer cannot cancel the contract after delivery of the Goods.
5.4 The Company reserve the right to cancel the Contract at any time prior to notification of the Customer that the Goods are ready for delivery if it is unable to fulfil the order. In this event the Company’s only liability is to refund any deposit or advance payment paid by the Customer.
5.5 Fitting is booked at a mutually convenient time and sufficient fitting time is reserved for the work. A minimum of one weeks notice of cancellation for fitting appointments should be given in order that alternative work can be arranged otherwise the client will become liable for any costs for fitter’s time involved. Any cancellation with less than 48 hours’ notice will usually incur a charge equivalent to the full fitting cost involved.
5.6 The Company reserves the right to charge the cost of effecting any cancellation.
6.1 The Company will notify the Customer once the Goods are ready for delivery.
6.2 Any dates quoted for delivery of the Goods are approximate only and whilst the Company will use its best endeavors to meet any delivery dates quoted it shall not accept any liability for delay or failure to meet delivery dates quoted.
6.3 If the Goods are to be delivered in instalments cause 6.1 and 6.2 apply to each instalment. Failure by the Company to deliver an instalment does not constitute a fundamental breach of this Contract.
6.4 Delivery and fitting is on the basis that convenient parking and access to the relevant rooms will be available. If parking charges apply these will be payable by the Customer immediately on receipt of an invoice from the Company. Flooring and associated materials are bulky, and the Customer shall ensure that access will be possible on the date of delivery.
6.5 No goods on a supply only basis can be left at a customer’s address unless they are paid for prior to delivery.
6.6 If the Goods cannot be delivered due to the Customer’s failure to provide access or due to the Customer’s failure to take delivery when tendered the Customer shall pay the reasonable storage and redelivery costs and charges of the Company.