Definitions

“Client” means the person or entity to whom the Invoice is addressed, with whom the Contract is made, and shall include their executors, administrators and assigns.

“Company”/“Company’s” shall mean Grimley Flooring who shall provide the Goods and/or Services detailed in the Invoice in the course of trade or business.

“Contract” shall mean the Contract, comprising these terms, for the supply of Goods and/or Services.

“Fitter”/“Fitters” shall mean Simon Grimley or any assigned flooring Contractor who shall fit or install the Goods detailed in the Invoice, or supply the Services detailed in the Invoice, in the course of trade or business.

“Goods” shall mean the items required by the Client and shall be exclusively detailed in the attached Invoice, and any descriptions applying thereto shall be core terms and shall exclude any additional Goods which shall be chargeable in addition to the price given in the invoice.

“Invoice” shall mean the document provided by the Company which contains a list of the Goods to be supplied and/or Services to be undertaken.

“Order” shall mean the Order (on the attached invoice) by the Client for the Goods and/or Services accepted by the Company.

“Services” shall mean the Services relating to fitting or installation of the Goods, or other services as identified on the Invoice.

General Terms

These terms:

will apply to the Client who is purchasing Goods and/or Services from the Company;
may only be changed in writing with reference to the specific clauses and signed by the Company owner; and
form the entire understanding between the Client and the Company and supersede any prior promises, representations (unless fraudulent) or undertakings however transmitted.

By accepting the Contract the Client is confirming that they are a consumer. No rights of enforcement of these terms are conferred upon any third party, and pursuant to Section 1(2) of the Contracts (Rights of Third Parties) Act 1999 any third party right of enforcement is expressly excluded.
As a consumer, there are certain terms implied into the Client’s Contract with the Company which the Company cannot exclude or limit (for example, under the Consumer Rights Act 2015 the Company have to supply Goods to the Client which are of satisfactory quality). It is important for the Client to know that nothing in these terms affects their statutory rights.
Nothing within this agreement shall operate to restrict the statutory rights of a consumer in any way. In respect of Commercial transactions, the Company restricts rights to the fullest extent permitted by law; the commercial Client being better placed to insure against failure.
Any failure or delay by the Company in enforcing, or partially enforcing, any of the terms of the Contract or any failure or delay by the Company in exercising any remedies or rights available to it shall not be considered a waiver of the Company’s rights under the Contract.
Each provision of this Contract shall be construed separately and notwithstanding that the whole or any part of any such provision may prove to be illegal or unenforceable the other provisions of this Contract and the remainder of the provision in question shall continue in full force and effect.
The laws of England and Wales shall apply to this agreement and the parties agree that the Lewes Combined Court shall have sole jurisdiction in this matter.
Risk in the Goods passes upon delivery and fitting, but title will only pass to the Client upon payment in full being made.
This Contract is made on the assumption by both parties that normal conditions prevail and that any unusual conditions which materialise shall be in addition to this Contract.
Any communication to the Company should be addressed to Grimley Flooring, c/o Fort Villa, Fort Road, Eastbourne, East Sussex. BN22 7SE or via the methods described on the website contact page.

Order for Goods and Services

The Order shall be detailed on the Invoice attached to these terms. Once the estimate has been accepted by the Client and the deposit received by the Company, the Order shall be deemed to have been accepted by the Company unless the Company notify the Client to the contrary within 7 days of the Client accepting the Contract (in which case the Company shall promptly refund any sums paid by the Client in respect of the Order).
The Client warrant to the Company that they:

have the right to Contract with the Company to supply the Goods and Services at the premises where they are to be delivered to and installed; and
will supply the Company with such information, rights of access, mains electricity and water that may reasonably be required by the Company or Fitter in order to deliver the Goods and perform the Services and/or check the Goods and their installation where the Client notifies the Company about a problem with the same.

Price and Payment

All prices are based on work being carried out during normal working hours being 8am – 5pm Monday to Friday.
If work is required to be carried out outside of the working hours listed in 3.1 then the Company reserves the right to amend their prices to compensate for working antisocial hours. Such amendments shall be notified to the Client and the Client will be required to confirm their agreement to the same before work commences.
All Orders must be paid in full upon the completion of fitting or installation.
A deposit equal to the cost of the Goods shall be payable upon the placing of the Order.
All Goods shall remain the property of the Company until payment in full is received.
If full and proper payment is not made in accordance with the payment schedule detailed in the Invoice, it shall be in the Company’s discretion as to whether the guarantee operates to part or at all, save as for any arrangements to the contrary reached in writing. In any event, where no scheduled payments are agreed, payment (being the balance due) shall be immediately payable upon completion of fitting/installation.
If full and proper payment is not made in accordance with the payment schedule detailed in the invoice then interest will be charged on a daily basis at 8% over the Bank of England’s base rate from time to time, or pursuant to the County Courts Act 1984, whichever is the greater, from the last date of installation.
The Company reserves the right to vary prices where such variation becomes necessary due to fluctuations in VAT, Government levies or other such variations beyond the control of the Company, such as currency fluctuations and other increases levied by manufacturers, importers or suppliers. On such variation prior to commencement, the Client shall have the option to withdraw from this Contract without penalty or to continue on the basis of an amended price. Where such variation takes place subsequent to commencement, the Client shall pay the increase.

Delivery of the Goods and Supply of the Services

The Company or Fitter will deliver the Goods and/or supply the Services to the delivery address noted on the Order.
Unless otherwise expressly agreed in writing, any delivery or supply date or time specified by the Company in any Order or otherwise is a best estimate only and the Company will not be liable to the Client for any loss or damage (including for the avoidance of doubt any loss of income or revenue, loss of business, loss of anticipated savings, loss of data or any waste of time related to a cancelled or delayed fitting appointment) sustained by the Client if the Company or Fitter fail to meet that time scale because of circumstances beyond the Company’s or Fitter’s reasonable control.
If the Client becomes unable to pay their debts (or have no reasonable prospect of so doing), make an arrangement with their creditors, suffer a bankruptcy order or breach their payment obligations and/or the obligations set out under the Contract, then the Company may, as well as any other rights which the Company have under this Contract, immediately terminate the Contract and suspend or cancel further delivery or supply.
Whilst every reasonable attempt will be made by the Company to ensure that the Goods supplied match in every respect any samples shown or description given to the Client, any minor or immaterial variation between sample or description and the Goods delivered shall not entitle the Client to reject the Goods, nor to withhold or reduce payment of the purchase price, nor claim any compensation for such variation or change.
Clients should ensure that the Goods they purchase can be delivered to the installation address and that any doorway or stairwell etc. is wide or high enough for Goods to be delivered. Unless a expressly stated in the Invoice, delivery shall be complete when Goods are delivered to the Client’s land and no warranty or promise is given by the Company that the Goods can be delivered into a property or to a specific room.
Where the Fitter and/or delivery personnel are requested to deliver to a specific room or property, such is done at the Client’s own risk and no liability shall rest with this Company in respect of damage to decorations, ornaments or fixtures (such as door frames and the like).
If a room that the Goods are to be fitted in, or will need to pass through, has been decorated within two weeks of the Goods delivery or fitting, then the Company cannot be responsible for any damage to the paintwork. Paintwork may take up to two weeks to harden and it is recommended that this amount of time is allowed to pass prior to any Goods delivery or fitting.
The Company or Fitter accept no liability in respect of incorrect fitting; shortage or oversupply where such is due directly to the Clients’ own measurements being incorrect. Clients are therefore reminded to check measurements or ask the Company to do so prior to the Order being placed. Unless the Company or Fitter have measured the area, the Company or Fitter are not liable for any product that has been bought or measured incorrectly. The Company can arrange to measure the area for the Client so that the Client can order the required amount.
The Company or Fitter shall not be liable for the removal and/or replacement of furniture and it is the responsibility of the Client to ensure that there is available space for fitting/installation prior to delivery, unless otherwise agreed beforehand in the Order. Where the Client fails to undertake such measures prior to delivery, installation may be postponed or additional charges may apply. Fragile and heavy items, and electrical items, are the Client’s responsibility and should be moved prior to delivery and/or fitting/installation.
The Company/Fitter shall not be liable for the uplift, removal and/or disposal of existing floor coverings, carpets or underlay, unless otherwise agreed in the Order.
The uplift of existing carpets and underlay and/or vinyl and the removal and replacement of furniture is not included in the Company’s standard fitting service. This service can be arranged in advance for an additional charge. If the service proves to be necessary on the day of fitting, and is possible, an additional charge will apply. This service excludes uplifting existing laminate and/or wood flooring, unless otherwise agreed in the Order. This additional service can be quoted for separately.
The disposal of existing carpets and underlay and/or vinyl is not included in the Company’s standard fitting service. This service can be arranged in advance via a third-party contractor for an additional charge. This service excludes the removal of existing laminate and/or wood flooring, unless otherwise agreed in the Order. This additional service can be quoted for separately.
The Company shall not be liable under any circumstances for damage to, interference with, or any other act in relation to under floor Services, floor boards etc. particularly where central heating pipes and electrical cables which are close to the carpet fixing area.
The Company shall not be liable for incorrect fitting of the Goods if the Client instructs their own fitters to undertake such work.
Pattern matching cannot be guaranteed unless specifically requested in the Order. To pattern match or fit without joins an amount of covering in excess of the measurements will be required. Additionally, pattern matching on stairs may not be possible where more than one flight of stairs requires carpeting. The Client should specifically request such matching in the Order if desired being mindful that such requests may not be capable of being fulfilled.
The Company reserves the right to have any damaged carpets professionally cleaned where damage is caused to them by any cause for which the Company is directly responsible.
If doors need easing the Company or Fitter may remove the doors as a gesture of goodwill. The Company or Fitter will not be liable for any damage to paintwork or hinges as a result of the removal of any doors. The Company can arrange for them to be eased at an additional charge.
Kick boards and side panels can be removed and trimmed on site for an additional charge. Items that have a high gloss finish will need to be trimmed by a third party. The Company can however arrange for them to be trimmed at an additional charge.
No responsibility is taken for damage to underfloor pipes, or for damage to cable or wires where they are concealed from view or are obstructing the area that the Company/Fitter have agreed to work in.
If appliances are required to be moved, they must be disconnected, and an additional charge will apply. Large American style fridge/freezers and double/range ovens cannot be removed or moved by the Fitter. No responsibility or liability is taken for disconnection and re-connection. The Company can arrange for a suitably qualified third party to disconnect and reconnect appliances and this will be added to the price quoted in the Company’s Order.
The Company or Fitter cannot be held responsible for any damage or failure of the floor finish due to a sub floor that the Fitter has not fitted.
The Company or Fitter cannot foresee a sub floor condition if flooring or objects are obstructing it. Extra charges will apply should the floor need extra work when it is fully visible. This will be discussed with the Client before any extra work commences.
Any works carried out by a third-party and after a quotation from the Company has been accepted, are subject to a further site visit by the Company or Fitter to confirm measurements and floor levels. Any further Goods or Services required arising from changes to the floor area made by a third-party will be chargeable.
Should the carpet need re-stretching, this will be carried out free of charge within the first twelve months, as long as it has not been lifted or professionally cleaned since fitting.
In new build installations, houses can be liable to shrinkage, especially wooden thresholds, door linings, architraves and skirting boards. Where this may happen and the wood pulls away from the flooring, this is not a problem with the installation. The Company will try and rectify the situation but the Company is not financially liable for the issue. A callout charge will apply for any remedial work undertaken.
It is the Client’s responsibility to ensure that where possible fee free parking is available. In the event that parking for the Fitters’ vehicles are in a fee paying area, the costs of the parking will be added to the Invoice; it is recommended that any parking restrictions are discussed at the time of ordering.
If the Client wishes to cancel or postpone fitting, at least 48 hours notice is required otherwise a charge for time lost may be added to the Services cost at the discretion of the Company. If the Fitter is postponed by the Client or their tradespeople on the agreed fitting day(s), an additional charge may be added to the Services cost at the discretion of the Company or Fitters for time lost.

Product

All pile fabrics are liable to shading and/or pile reversal, i.e. light and dark patches arising from unequal surface pressure. This tendency is a characteristic of pile fabric and is not a manufacturing or installation fault.
Colour reproduction can vary across batches of carpet. Carpets are matched back to the master sample to ensure that the colour remains within a commercial tolerance. Carpets varying in width (4m and 5m) may vary in colour as they may be from different batches. A greater level of tolerance is required for blended colours (heathers). Carpets that are identical, but laid with the pile travelling in different directions may appear not to match.
All carpets are graded for the use expected. The performance gained from each varies and the Client should consider the use the Goods will be put to before purchasing as no responsibility or liability can be accepted by the Company for incorrect selection.
The Company accepts no liability in relation to optical illusions such as carpet shading, pile reversal, waterpooling or shadowing, nor for fading or colour loss due to sun exposure, which are not defects. The Client is put on notice that certain types of carpets such as velvets and saxony plain piles are most prone to shading and pile reversal. This does not affect the durability or life expectancy of the carpet and does not amount to a quality defect.
The Company accepts no liability in respect of wear, damage caused by external means such as falling masonry, paint, water leakage, vacuum cleaners or other such items. Additionally, uneven floors or contamination by other means shall not amount to quality defects. This clause shall in no way operate to take away the rights of a consumer to complain regarding serious defects.
The Company shall not be liable for departures from the specification within the Contract where such departures are due directly to unforeseen changes by manufacturers. In addition, no guarantee can be given that swatches and other samples will correspond directly with the final product, as some variation is permissible for different batches and suppliers. Where the Client requires an exact match, this should be specified in the Order.
The Client is reminded that previously folded carpets will show creases even when stretched, and these creases may never come out depending on the type of carpet.

Warranties for the Goods and Services

All warranties provided apply to the installation address and Client only. The warranty is not transferable to any subsequent address or subsequent owner or occupier of the installation address. The Client should retain their sales Order to identify their purchase in the unlikely event of needing to claim under the warranty.
Any warranty provided is subject to terms available upon request and is provided entirely by the manufacturer. These terms should be read in conjunction with the warranty terms. Any warranty provided with the Goods is limited to the extent of the warranty provided by the manufacturer/importer, and to the length of such warranty. The Client is reminded to complete all warranty cards/documents within seven days of installation where appropriate. No other warranty or guarantee is given with the Goods.
Any manufacturer’s warranty does not cover appearance change, flattening and matting, fading, damage or wear due to abuse, misuse or poor maintenance, and may not be valid in the event of incorrect cleaning, use of solvents or chemicals which cause deterioration, damage caused by professional cleaners or others who attempt such cleaning, spillage or dampness or other environmental conditions which prevail. No liability in respect of shrinkage subsequent to cleaning will be accepted.
The manufacturer’s warranty applies only to the carpet or floor covering as originally fitted and will not apply to carpets or floor coverings which have been moved, altered or already replaced under the terms of the warranty or to underlay or other items which may have been affected.
The Company reserve the right to have alleged defects with carpets inspected by manufacturers or importers to assess the nature and cause, particularly where the defect complained of is of an unusual nature and could benefit future production. The Company also reserves the right to inform manufacturers and/or importers of developing faults.
The Company will supply the Services under this Contract with reasonable skill and care and in accordance with the specification set out in the Order which the Company have provided to the Client for those Services.
If the Services supplied by the Company are not in accordance with condition 6.6, above, the Client should notify the Company in writing within a reasonable time from their supply or of becoming aware of the defects which are not apparent to the Client on a reasonable inspection of the Services at the time of completion. The Company will arrange with the Client a time when the Company can visit the Purchaser’s property to examine the supplied Services and, if the Services are not in compliance with condition 6.6 the Company will, either remedy the defect in question or re-supply the defective Services.
Whilst every reasonable attempt will be made by the Company to ensure that the Goods supplied match in every respect any samples shown or description given to the Client, any minor or immaterial variation between sample or description and the Goods delivered shall not entitle the Client to reject the Goods, nor to withhold or reduce payment of the purchase price, nor claim any compensation for such variation or change.
The Company warrant that, subject to condition 6.10, should any defect in material or workmanship occur within the relevant warranty period (noted in condition 6.2 above) after the date of delivery and installation of the relevant Goods, the Company will arrange with the Client to examine the Goods and, if the Goods are defective, the Client shall either repair or replace the defective Goods free of any charge for labour or materials (always providing that the Goods have not been subject to any mis-use or modification).
The warranties referred to in Paragraph 6 and its subclauses shall not apply in relation to fading/discolouration caused by fair wear and tear; and/or where the relevant fault or defect has been caused by misuse and/or neglect of the Goods; and/or by accidents caused while the Goods are in the Client’s possession.
Where the Company provides installation services for the Goods that includes supplying all Goods used in the installation and all preparation of the installation area, then the Company warrants the installation work for a period of three years from the last day of installation (not including any subsequent visits). Such warranty is also dependent on full payment in accordance with the payment terms outlines in the Order and that neither the client nor any third party has interfered with, lifted any part of the carpet, or made any alterations in anyway in the intervening period of time between installation and revisit.
Where the Company provides installation services for the Goods that does not include supplying all Goods, but does include all preparation of the installation area, then the Company warrants the installation work for a period of three months from the last day of installation (not including any subsequent visits). Such warranty is also dependent on full payment in accordance with the payment terms outlines in the Order and that neither the client nor any third party has interfered with, lifted any part of the carpet, or made any alterations in anyway in the intervening period of time between installation and revisit.
Where the client insists on the reuse of preparation then no warranty for installation shall be provided.

Limitation of Liability

The Company will not be liable to the Client by way of representation (unless fraudulent), common law duty or under any express or implied term of the Contract for any losses which are not foreseeable by both Parties when the Contract is formed arising in connection with the supply of Goods and related Services or their use by the Client; any losses which are not caused by any breach by the Company; or business or trade losses.
Nothing in this Contract excludes or limits the Company’s liability for death or personal injury resulting from the Company’s negligence or that of the Company’s employees or Fitters, liability for damage to property or injury to persons under the Consumer Protection Act 1987, fraud, or any other matter that the Company cannot exclude or restrict by law.

Delay or Failure to Perform

Client payments or goodwill refunds will not be made and the Company shall not be liable to the Client if the Company or Fitter are prevented or delayed in the performing of any obligations to the Client if this is due to any cause beyond the Company’s reasonable control including (but not limited to): delays caused by the Company’s suppliers, shipping delays, an act of God, explosion, flood, fire or accident; war or civil disturbance; strike, industrial action or stoppages of work; any form of government intervention; a third party act or omission; failure by the Purchaser to give the Company a correct delivery address or notify the Company of any change of address; home adaptations; or deposit payments not being received by the Company.

Disputes and Arbitration

In the event of a dispute arising either party may refer the matter in dispute to arbitration or to a suitable qualified person, all fees to initially be shared equally amongst the Company and the Client but subject to any award made by such an Arbitrator or a Court of suitable jurisdiction.
The Client shall indemnify the Company on demand from and against all legal costs incurred by the Company in connection with any difference which may arise between the Company and the Client concerning the enforcement, construction, meaning or effect of the Terms & Conditions, in which judgment is in any proportion given in the Company’s favour; to include but not be limited to reasonable attorney’s fees and disbursements (calculated on a solicitor-own client basis) including fees and disbursements charged by counsel and other legal advisers (including solicitors and Counsel from other jurisdictions), fees levied by any court, arbitrator or mediator and the fees and disbursements charged by an expert witness.

Notice of the Right to Cancel (Bespoke Goods)

Where the Goods consist of Carpets (cut rolls), Vinyl (cut sheets), Artificial Grass (cut rolls) or bespoke Engineered/Solid Wood Flooring, they fall into the category of goods that are made to the Client’s specification within The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and hence the Client has no right to cancel the Order once placed. This will not affect the Client’s legal rights as a consumer in relation to made-to-measure Goods that are faulty or not as described.
Where the Client wishes to cancel the Order of bespoke Goods, the Client deposit shall be forfeited and shall be agreed as loss of profit damages and not a penalty.

Notice of the Right to Cancel (Non-Bespoke Goods)

Where the Goods consist of Carpet Tiles, Vinyl Tiles, Laminate Flooring, and non-bespoke Solid Wood and Engineered Wood Flooring, they are not made to the Client’s specification and are non-bespoke. As such the Client has the right to cancel the Order within 14 calendar days of the Order being placed, without giving reason.
If the Client wishes to overrule Clause 11.1 above and instruct the Company to arrange for the immediate ordering and fitting of the Goods in the Order this needs to be confirmed in writing by email from the Client to the Company at accounts@grimleyflooring.co.uk.
The notice of cancellation is deemed to be served from the day it is given correctly to the Company via the email address in Clause 11.2.
If the Client cancels the Order for non-bespoke Goods, the Company will reimburse to the Client all payments received from the Client with respect to the Order that has been cancelled.
The exception to clause 11.4 is where the stockist charges a re-stocking fee, in which case the costs of the same will be deducted from any monies due back to the Client. The Company will make all reasonable efforts to avoid such a fee being incurred but where one is charged it is the Client’s responsibility to settle the same and this shall be done on their behalf by the Company utilising the monies from any payments received.
The Company will make the reimbursement without undue delay.
The Company will make the reimbursement using the same means of payment as the Client used for the initial transaction; in any event, the Client will not incur any fees as a result of the reimbursement.

Miscellaneous

The Company holds full public liability insurance and a copy of Company’s policy certificate is available on request.
Time will not be of the essence unless specified and agreed in the Order. The Company will endeavour to update and inform the Client about any delay.
The Company do not hold stock and any items that are specifically ordered by a Purchaser will be subject to a handling charge if they are returned. Each supplier sets their own handling charge and is non-negotiable. This is out of the Company’s control.
The Client provides express permission for the Company to take photographs during the installation and of the installation for the purposes of presentation in advertising and social media. The Company shall make reasonable endeavours to ensure that the Client remains anonymous in the same.

‍

Terms & Conditions