Marcus Sibley Carpets Limited Terms and Conditions

Please read our terms and conditions carefully.

1. PAYMENT AND TERMS

All Goods are at the Customer’s risk once delivery has been accepted or Goods collected. The property of the Goods will not pass to the Customer until payment is made in full. The Company reserves the right to charge for all work carried out at the request of the Customer. The Company reserves the right to enter the premises of the Customer and repossess the Goods in the event of non-payment of any outstanding balance.

2. APPOINTMENTS

Any delivery, fitting and home consultation times and dates are quoted on a best endeavours basis and approximate. The Company is not liable for any delay howsoever caused. Where there is any delay caused or requested by the Customer, the Company reserves the right to make an additional charge for any expenses incurred.

3. INSPECTION OF GOODS

The Customer should inspect the Goods immediately upon delivery or completion of fitting. Any faults in the Goods or fitting must be reported to the Company. Notice of any issues in the goods or fitting should be given in writing to the Company within 2 days.

4. PRICE AND QUOTATIONS

All quotes are subject to amendment and the Company reserves the right to correct/amend prices as necessary. Quotes are given under the assumption that the subflooring is in good condition.

5. CANCELLATION AND RETURNS

The Company will not accept any cancellation on Goods specifically ordered for the Customer where the Goods have already been cut/ordered. For LVT, Laminate and Wood flooring there is a £50.00 cancellation charge if the Customer cancels within 3 days of the install date. If a carpet fitting is cancelled within 1 day of the fitting, this will incur a charge of £30.00 to cover fitter charges. The Company may cancel the Contract at any time before it notifies the Customer that the Goods are ready for fitting/delivery/collection if it is unable to fulfil the contract due to any cause beyond its control. In this event, the Company’s only liability is to refund any deposit/payment made by the Customer.

6. INDEMNITY

The Customer will indemnify the Company in respect of any claim made upon them by third parties arising out of this contract including all claims alleging negligence on the part of the Company, or its agents. The Customer will indemnify the Company in respect of all legal costs paid by them in connection with defending any such claim as mentioned above. Without prejudice to the generality of the above, the Customer will indemnify the Company against all liabilities including the cost of defending unsuccessful actions arising as a result of work done or Goods supplied by the Company in accordance with the Customer specifications, instructions or designs.

7. CLAIMS

The Company will not accept any claims for soiling after the Good have been accepted or for shading (variation in colour) on Goods ordered at different times. Claims for faulty Goods accepted by the Company will be settled on a basis calculated on the selling price from the Company to the Customer. It is the Customers responsibility to ensure that any material accepted by the Customer is of merchantable quality before installation is undertaken. The Company will not be responsible for claims arising from the Customer’s failure to observe this Condition of Sale.

8. DOOR TRIMMING

Doors may need to be trimmed to allow clearance. This is not part of the fitting work unless this has been specifically agreed. In the event that the doors do not have sufficient clearance for the goods the fitters may remove the doors, allowing you to appoint a carpenter to carry out the trimming in your own time.

9. PIPES, ELECTRICAL WIRES, UNDERFLOOR HEATING

It is a requirement of the Customer to inform the Company/fitters of the location of any underfloor heating, gas/water pipes or electrical wiring that may be at risk of damage due to the installation of your goods. No liability will be accepted by the fitters or the Company with regard to damage caused in relation to the above if such information is not given.

10. LENGTHS AND WIDTHS

Full roll lengths are approximate sizes. In the case of specified sizes to be cut or specially ordered, the Company will be deemed to have fulfilled the Contract if actual measurements of the Goods are + or- 1.25% of the quoted measurements. This complies with Clause 3 of the British Standard 3655 (1974). If the Customer has provided their own dimensions of any item ordered, the Company will not be liable for any errors arising from incorrect dimensions.

11. RIGHT OF SET OFF

No right of set off shall exist in respect of any claims by the Customer against the Company unless and until such claims are accepted by the Company in writing and the Customer shall not withhold all or any part of any sum which has become due for payment.

12. STORAGE

For any Goods, including carpets, kept in storage for longer than 3 months, the Company reserves the right to charge for this service at a rate of £1 per day.

13. FITTING

Every care is taken by the fitters, however sometimes scuff marks are possible on skirting boards and surfaces especially on new decoration work that has not fully dried or where new paint has been applied. We will not be liable for any such accidental damage. The fitters expect clear and empty rooms on the fitting date. If furniture is required to be moved this must be arranged prior to fitting, which will incur an extra cost. The Company and fitters do not move white/electrical/heavy goods. If fitters are required to move any items the Company will not be held liable for any damage except where it has been caused by their negligence. It is the responsibility of the Customer to ensure that adequate space is present to carry ordered Goods onto their property.

14. LOOKING AFTER YOUR CARPET

All pile carpets are liable to shading i.e. show light and dark patches arising from unequal crushing of the surface pile. The amount a carpet shades is determined by its design and colour. The effect can be minimised by regular vacuuming. Light and delicate carpets are likely to become soiled with wear. Carpets can suffer from pile reversal. This is not a manufacturing defect and the Company will not accept any liability for pile reversal. UV rays can be very damaging to a carpet when exposed to direct sunlight, we recommend installing protective blinds to prevent fading.

15. LIABILITY FOR DAMAGE/INJURY

We will endeavour to ensure that all goods are free from defect, however where this is not the case we shall not be liable for any expenditure, damage, loss (including consequential loss) or injury arising out of any use or dealing with the Goods supplied however such expenditure, damage, loss or injury shall arise and whether from any defect in the Goods or otherwise. The Company, its agents or employees shall not be liable for any damage caused by the carriage or transfer of goods through difficult areas.

16. MARKETING

Marcus Sibley Carpets Limited reserve the right to publish any pictures taken after fitting for marketing purposes only unless the customer requested otherwise.

The above in no way affects the statutory rights of the Customer.