1. Andrew Banks is a trading name of Andrew Banks Trading Ltd (the Seller). All sales contracts shall be deemed to be made between the Buyer and the Seller in accordance with these Terms and Conditions. In the event of any conflict between these Terms and Conditions and any Terms and Conditions put forward by the Buyer, these Terms and Conditions shall prevail. By buying goods and/or services from the Seller, the Buyer agrees to accept these Terms and Conditions.
2. No person has the authority to make any representation on behalf of the Seller unless it is made and confirmed in writing by the Seller and the Buyer shall not rely upon any representation unless so made and confirmed.
3. All printed price lists and quotations are subject to alteration without notice. Prices quoted in respect of an order are based on wage rates, laying costs, delivery charges and material costs current at the date of the order and are, therefore, subject to fluctuations beyond the Seller's control. The final price payable may, therefore, be subject to increase to reflect such fluctuations on or before the date of dispatch from the Seller.
4. VAT shall be added at the applicable rate to all prices quoted and/or charged.
5. Goods are not sold (or tested) as conforming to any British Standard Specification or as fit for any particular purpose, unless expressly confirmed by the Seller in writing and any term, condition or warranty that the goods are so fit is otherwise hereby excluded.
6. To secure an order, the buyer must confirm in writing its acceptance and send a pre-agreed deposit. Any additional materials or labour that may be required, which are not part of the original orders shall, be treated as a separate order and quoted and charged for accordingly. Once an order confirmation is issued the Buyer agrees to purchase the goods as specified. Orders may not be cancelled more than 48 hours from order confirmation. Special productions and finishes require a non-refundable 50% deposit prior to production and, once produced, may not be cancelled. The Seller reserves the right to supply and invoice up to 5% more or less than the ordered quantity.
7. All accounts and invoices are to be paid prior to dispatch unless other payment terms have been agreed in writing between the Buyer and the Seller.
8. Whilst delivery dates are given in good faith by the Seller, they are not guaranteed and the Seller hereby excludes liability for loss or damage of whatever nature caused by delay in completing or delivering, or failure to complete or deliver, any order, goods or services and the Buyer shall not be entitled to treat the contract as repudiated or otherwise at an end by reason only of such delay and the full price shall remain payable without deduction or set off.
9. The risk in the goods shall remain with the Seller until delivery to the designated place of delivery or collection by or on behalf of the Buyer.
10. Wood is a natural product and can be subject to infestation. Although all products are kiln-dried and the utmost care is taken, no manufacturer guarantees their products against infestation and, therefore, no guarantee or warranty is given by the Seller in respect thereof.
In installing or using goods or equipment supplied by the Seller, the Buyer shall observe all instructions, directions and warnings issued by the Seller and/ or the manufacturer.
11. Any shortages, damages or complaints concerning the goods, whether delivered or collected, should be notified, in writing, to the Seller within seven days from the date of delivery or collection, failing which all claims shall be deemed to be waived. Any visible defects or issues regarding colour must be notified immediately upon delivery or collection and the Seller must be allowed sufficient time to replace any faulty goods prior to installation. After installation of goods the seller shall cease to be liable for such issues once installed goods are deemed to have been accepted.
13. Title in goods shall not pass to the Buyer until the Buyer has paid the Seller in full for them together with any other outstanding balance. Notwithstanding that ownership of the goods shall not pass to the Buyer save as provided above, the goods shall be at the risk of the Buyer from the collection by or delivery to him of the goods.
14. All cases of Force Majeure such as war, riots, strikes, lockouts, bankruptcy, fire, water damage, delay in transport, lack of means of transport, breakdown in factories or those of our suppliers or of any unforeseeable events give the Seller the right to postpone fulfilment of the contract as well as to cancel it partially or wholly without conferring on the Buyer the right to claim any damages against the Seller.
15. In the event of a claim Andrew Banks Trading Ltd will only be liable for the costs of replacement of their material supplied and not any ancillary costs incurred by others, such as redecoration etc.”
16. The Buyer shall have no right to cancel an order, unless agreed in writing by the Seller and, in any such event, the Buyer shall remain liable to reimburse the Seller in respect of costs incurred by it in fulfilment of the order up to the date of its cancellation by the Buyer and thereafter to the extent that the Seller incurs further costs as a result of cancellation.
17. All orders subject to these Terms and Conditions shall be subject to and interpreted in accordance with English law and the Buyer hereby agrees to submit to the non-exclusive jurisdiction of the English Courts in respect of any claims, disputes or differences arising out of or in connection with any such contract.
18. If the Seller is laying the floors, unless specifically quoted for by the Seller, it is assumed that the existing floor covering will be removed and a sound level sub-floor provided by the Buyer, and that skirtings will be removed to allow installation and new skirtings supplied and fitted by the Buyer after the floor is laid.
19. The condition of the site must comply with the advised site conditions as stated on our Installation page on our website. If these site conditions are not met and the site is not ready when our staff arrive to do their work, and as a result have to go away again, another date will be fixed at our convenience and a charge of up to £300.00 + vat per person per day may be levied to cover the labour and travel costs wasted.
20. We include 2 site visits free of charge as part of our consultation, should further site visits be required or requested due to the complexity of the job a charge of £100.00 + vat pp visit may be made.