Standard Terms and Conditions of Floorkraft Limited. as at 1 June 2020
- Business Customers and Consumers
1.1 Some of these terms apply to consumers only; some apply to business customers only. These terms are marked as such.
1.2 All other terms apply to all customers.
1.3 You are classified as a business customer if you indicate to us that the goods supplied by us will be used in the course of your business or you use the goods in the course of your business.
1.4 If you are not a business customer, you are a consumer. Your statutory rights are unaffected by these terms.
2.1 The Company means Floorkraft Limited, with its registered office at Floorkraft Building, Besides Eterna Filling station, Agungi, Lekki
2.2 The Customer means the person or persons, firm, business, partnership, company or other organisation by whom an order has been placed for the company to provide goods or to avail of one of our services.
2.3 The ‘Contract’ means any contract for sale of goods by the Company to the Customer.
2.4 The Contract Price shall mean the amount payable by the customer under the terms of the contract.
2.5 The ‘Goods’ mean any goods forming the subject of this contract including parts and components of or materials incorporated in them.
2.6 “Quotation” 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;
2.7 The Premises means the address of the customer, as detailed in the contract, or any other premises or building agreed by the company where the good are to be delivered.
3.1 All quotations by the Company are subject to expressed acceptance within 7days. The Company reserves the right to withdraw a quotation at any time before it has been accepted by the Customer. No quotation issued by the Company shall constitute an offer to supply goods.
3.2 Written quotations for stock availability and current price are correct at the time given by the Company, but unless confirmation of an order by the Customer is given immediately, and deposit placed at this time, the Company cannot guarantee stock availability or price.
3.3 Quotations are only valid in writing & when signed by authorised personal only, or in the form of official company paperwork (invoice, quotation, pro-forma etc).
3.4 A contract exists only when a deposit is placed on a quotation.
3.5 We reserve the right to amend the original quotation from any point up until the final payment if any arising circumstances present the need to do so e.g. incorrect site measurement.
- Contract Terms
4.1 A contract for the supply of the goods by the company to the customer shall only exist when an order has been placed by the customer and accepted by the company and the deposit has been paid in full.
4.2 No provisions, modifications, amendments, or variations of the contract by the customer shall apply unless they are in writing and are agreed and signed by or on behalf of the company. In such a case, these shall be deemed to be amendments to the contract and shall not constitute a new contract and the customer shall confirm any such variation in writing as soon as requested by the company, but the company shall not be obliged to request or obtain such confirmation.
4.3 Where any variation to the goods is agreed by the company, after the date of contract, the company reserves the right to amend the contract and/or the contract price accordingly. Any typographical or clerical error or omission in any quotation, pricelist, contract, order, acceptance, invoice, or any other document issued by the company shall be subject to correction without any liability on the part of the company at whatever time and whenever such a correction shall be necessary.
4.4 These terms and conditions shall apply to every contract. The company shall not be bound by any terms and conditions which may be inconsistent with these terms and conditions.
4.5 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.
4.6 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.
- Base of Sale
5.1 Where Goods only are supplied under the Contract those Goods are sold by the Company to the Customer except as expressly varied by the Sales Invoice and or by these terms;
5.2 Where Goods are provided and fitted under the Contract, the Goods are provided on the except as expressly varied by the Sales Invoice or by these terms;
5.3 No change may be made to the Contract unless agreed in writing by the Company
- Lead Times
6.1 Special order lead times are a minimum of 6-12 weeks from the date of deposit placed.
6.2 Any lead times given are approximate only and while normally correct, are subject to change without notice.
7.1 Adequate labour etc. must be provided for unloading would be made available by the company
7.2 Goods are delivered to ground floor only, with the exception of Decking, which is to curbside only.
7.3 It is the responsibility of the Customer or their agents to be present at the time of delivery and to check that the correct quantity and product has been delivered. A proof of delivery must be signed by the customer or somebody representing them.
7.4 The Company has no responsibility or liability for the unloading of goods on site and for the storage and security of such goods.
7.5 When delivering to site the Company’s drivers can refuse delivery in the absence of a signature for receipt from an authorized person as proof of delivery.
7.6 Any period or date of dispatch quoted is an estimate only and the Company shall not be liable for any loss or damage arising directly or indirectly from delay in dispatch or delivery.
7.7 Risk in the goods shall pass to the Customer when the Customer or its agent takes delivery of the goods.
7.8 The Company cannot be held responsible for non-delivery caused by reasonably unforeseeable circumstances such as the existence or apprehension of war, acts of terrorism, declared or undeclared hostilities, quarantine, riots or strike.
7.9 All deliveries have a charge and it is solely at the Company’s discretion whether to pass on this charge or not.
7.10 A 25% handling fee will be charged on all returned goods. Excluded from this charge is the pick-up fee, which is not negotiable.
7.11 It is understood that the customer shall bear all delivery costs and all further costs incurred by failure of the customer to accept delivery.
7.12 Delivery in instalments should be treated separately and each delivery is a separate contract.
7.13 Goods described in the contract will not be delivered unless paid for in full and said monies are in the Company’s bank account.
8.1 The Price will be the agreed amount for goods or services made by the Company with the Customer in writing, or as per the Company’s price list on the date of dispatch.
8.2 The price is as set out in a Pro-Forma Invoice on order. Prices may vary from date of quotation to date of dispatch.
8.3 The price list is not an offer. The Company may choose to reject any order. The Company is not bound by an order until an official acknowledgement letter or dispatch document has been raised on its official forms.
8.4 If goods are not paid for we reserve the right to enter the Customer’s premises to retrieve the goods even if they have been laid.
8.5 If a customer fails to pay for goods or stops payment, the company has the right to claim legal fees and any other costs as a result of the customer’s failure to pay.
9.1 Payment is preferred by Bank Transfer however; Credit Card, Debit Card or Cash is also accepted.
9.3 Deposits / First Payments can only be accepted if the cardholder is present in the store. Second payments may be accepted on the phone subject to some additional terms and conditions.All payments must be authorized electronically by the company’s in-store terminals.
9.4 Deposits / First Payments can only be accepted if the cardholder is present in the store. Second payments may be accepted on the phone subject to some additional terms and conditions.
9.5 Cheques usually take two (2) business days to clear – the customer should ensure that the company gets payments, in time for clearance, before the payment is due.
9.6 Failure to pay in full or any monies deducted from the overall price must have written consent from the Company.
10.1 The Company only supplies and installs SPC, Carpet tiles and deck flooring and accessories
10.2 All orders accepted by the Company are subject to these terms and conditions. These terms and conditions will prevail if there is any inconsistency between them and any Customer’s conditions.
10.3 The Company excludes any liability for recommending floor fitters or individuals. Should there be any dispute as to the quality of the workmanship this must be between the Customer and the fitter not the Company.
10.4 The Company may at its discretion suspend or terminate the supply of any goods, if the Customer fails to make payment or defaults in any of its obligations under the contract or any other agreement with the Company.
10.5 Any qualification or variation to these conditions in the Customer’s order or made otherwise by the Customer is excluded from the contract unless expressly agreed by the Company in writing. Oral variations to these conditions have no effect.
10.6 The contract or its agreement shall be governed by Nigerian Law and the Customer consents to the exclusive jurisdiction of the Nigerian Courts in all matters regarding this contract except to the extent that the Company invokes the jurisdiction of the Courts of any other Country.
10.7 We reserve the right to refuse any out of stock/ opened or damaged goods returned to our warehouse.
10.8 No goods will be accepted back after 14days from delivery. There is a no-return policy on wet goods such as glues, primers and lacquers.
10.9 If goods are sold to a Business Customer that has not been paid and are delivered to a third party the Company still retain ownership. If the original purchaser becomes insolvent or applies for receivership the third party will become liable for the goods.
10.10 Notices to be given by either party to the other must be in writing. Notices to the Company shall be addressed to their company address or other address as notified to the Customer or to such email address as provided by the Company. Notices to the Customer shall be addressed to the delivery address or such other address as notified to the Company or to such email address as provided by the Customer.
10.11 The Company may at its discretion procure the performance of any of its obligations or the exercise of any of its rights under the Contract by or through any subcontractor where appropriate.
10.12 If any provision of the Contract is held by any competent court to be invalid or unenforceable then that provision shall be deemed severed from the Contract and the remainder of the Contract shall remain binding and in force.
10.13 The Contract is the entire agreement between the parties and no other terms shall be deemed to be incorporated into the Contract unless agreed in writing between the Company and the Customer.
11.1 Each piece of wood is unique in grain and colour and therefore cannot be truly representative of a finished installation.
11.2 Each board is individual with variation in colour, grain structure and knot size.
11.3 We cannot guarantee that a small sample will represent the overall appearance of a laid floor. A sample is for reference only and no rights may be claimed.
11.4 The Company accepts no liability for any delay in performance nor any defects in the Goods if beyond the Company’s control.
11.5 Pile reversal and shading (permanent light and dark patches) can occur on any carpet or SPC. This is not considered to be a manufacturing defect therefore the Company will accept no liability for its occurrence.
11.6SPC and Carpet tiles are variant products of Floorkraft and as such variation in colour and appearance from any sample supplied may occur and shall not constitute a breach of this contract. Similarly the colour and appearance of SPC flooring may change over time and the Company will bear no liability for this unless such variation being beyond the natural wear and tear of the product can be directly attributed to some default of the Goods or default of the installation of the Goods by the Company.
10.7 Carpet tiles and SPC supplied may vary slightly in colour to that seen in samples
12.1 Any claim for non-delivery of any goods should be notified in writing by the Customer to the Company within 5 days of the date of the Company’s invoice.
12.2 Any claim that the goods have been delivered damaged or not the correct quantity or do not comply with their description shall be notified by the Customer to the Company within 7 days.
12.3 Verbal advice given by the Company is by no means a guarantee unless put in writing by the Company. Furthermore the Company cannot be held responsible to hearsay.
12.4 The Company is not liable for any badly or incorrectly laid floors or any subsequent damage, liability or costs incurred from any independent arbitration arising from verbal or referred recommendations of floor installers given by the Company or any of its representatives.
12.5 Any alleged defect shall be notified by the Customer to the Company within 7 days of the delivery of the goods or in the case of any defect that is not reasonably apparent on inspection within 7 days of the defect coming to the Customer’s attention prior to installation or laying of flooring. In any event within 28 days of delivery.
12.6 If the Customer establishes that any goods are defective, the Company shall as its option replace with similar goods or repair any defective goods.
12.7 Where the Company is liable in accordance with these conditions in respect of only some or part of the goods, the contract will remain if full force and effect in respect of the other or other parts of the goods and no set-off or other claim shall be made by the Customer against or in respect of such other or parts of the goods.
13.Risk & Retention
13.1 Risk of damage to or loss of the Goods passes to the Customer on delivery of the Goods.
13.2 All goods supplied by the Company remain its property until paid for. The Company reserves the right for the reacquisition of all goods delivered to the Customer until paid for. The Customer will not deface or remove the Company’s notices of ownership and Retention of Title affixed to goods until paid for. If the Customer sells goods delivered by the Company before they are paid for it will do so as agent of the Company. Notwithstanding the foregoing, risk in goods delivered by the Company and all liability to third parties in respect of the goods will pass to the Customer from the time when the customer has collected the goods, or when the Company has delivered them either to the Customer or to an independent carrier. The Customer will bear responsibility and risk for any loss arising from damage or theft of the Company’s goods however caused.
13.3 Property of the Goods shall pass to the Customer when the Company has received cleared funds payment in full for the Goods.
13.4 Until property in the Goods passes to the Customer a) the Customer holds the Goods as the Company’s bailee and must keep the Goods properly stored, protected and insured and b) the Company may at any time require the Customer to deliver up the Goods to the Company.
14.1 The Company cannot accept any liability for incorrect measurements or specifications provided by the Customer.
14.2 Any claim by the Customer which is based on any defect or failure in the Goods or in the provision of services in respect of the Goods shall be notified to the Company in writing within 7 days of the date of delivery;
14.3 The Company’s liability for the defect or failure or for any shortage in Goods delivered or for any loss, injury or damage which the Customer may suffer directly or indirectly as a consequence (other than in respect of death or personal injury) is limited to the Company’s option of:
- replace the Goods or the relevant part; or
- repair the defects or failure; or
- refund to the Customer the price of the Goods or a proportionate part of the price.
14.4 The Company accepts no liability for any delay in performance nor any defects in the Goods if beyond the Company’s control.
14.5 Pile reversal and shading (permanent light and dark patches) can occur on any carpet or SPC. This is not considered to be a manufacturing defect therefore the Company will accept no liability for its occurrence.
14.6 SPC and Carpet tiles are variant products of Floorkraft and as such variation in colour and appearance from any sample supplied may occur and shall not constitute a breach of this contract. Similarly the colour and appearance of SPC flooring may change over time and the Company will bear no liability for this unless such variation being beyond the natural wear and tear of the product can be directly attributed to some default of the Goods or default of the installation of the Goods by the Company.
14.7 Carpet tiles and SPC supplied may vary slightly in colour to that seen in samples
The term Floorkraft Limited‘ , ‘us’, ‘our’ or ‘we’ refers to the owner of the website whose registered office is: Floorkraft Building, Besides Eterna Filling station, Agungi, Lekki, Lagos. The term ‘you’ refers to the user or viewer of our website.