Sales Terms and Conditions
‘Customer’ shall be the person who accepts a quotation for the sale of goods.
‘Goods’ shall be the products which the Company is to supply to the customer.
‘Company’ shall FLOOR DEPOT GROUP OF COMPANIES.
‘Completion’ shall be the final date at which the products are installed.
‘Contracts’ shall be contract for the good and services offered by the Company.
‘Installer’ shall be the person sent by the Company to fit the floor.
‘Price’ shall be the total price for the goods and services offered by the Company.
‘Installation Service Delivery Note (ISDN)’ shall be where the customer signs that he/she is satisfied with the installation and no faults are found in the work.
2. Basic of the sale
(a) The Company shall sell and the Customer shall purchase the Goods and Services as detailed in the Contract and is mutually agreed by the Company and the Customer. The Customer shall read these terms and conditions thoroughly before signing and agreeing to the Contract to ensure he/she understands the basis of the Contract. If the Customer has any confusion over any of the terms and conditions or the Contract he/ she must clarify before they sign the Contract.
(b) The Customer`s signature on the Contract constitutes as a legally binding order by the Customer but no by the company until a full survey of the area has been carried out.
(c) Only the work detailed in the Contract will carry out by the Company at the time of installation and at the Price agreed on the Contract. Any additional work carried out will be at an additional cost agreed by the Customer.
3. Description of Goods and Order
(a) A sample of the Goods shall be shown to the Customer and agreed before installing takes place. If there are and disputes over the Goods, or should they be different to those that were ordered, this must be pointed out before installation begins. Any stipulations after this point will be the fault of the Customer and not the Company and shall only be rectified with cost to the Customer.
(b) Although every care has been taken in choosing the very best quality of flooring however it will vary slightly from sample to sample. Natural flooring will contain knots and markings. These are not faults in the planks containing small natural knots and marking will not be changed. Only damaged planks will be changed. Natural flooring, particularly Solid Wood and Engineered Wood, are subject to change in room humidity, hence seasonal movement and shrinkage gaps. These are unavoidable and are to be expected.
(c) All flooring materials remain the property of the Company until the final balance has been received from the Customer. The Company reserved the rights to collect all materials should there be any dispute with the final balance.
(a) The Customer shall agreed to pay the Company the Price as agreed by the Customer. This Price shall remain fixed for 30 days from the date of the Contract. The Company reserves the rights to change the Prices of its products/ services from time to time to reflect the change in living costs.
(b) The Price quoted is on the agreement that the full survey will find no faults or hindrances i.e damp, before installing takes place. Any unforeseen obstacles could result in the termination of the contract or new pricing. The Price quoted, unless otherwise specified or agreed, is based upon the cost of wages, materials, plant hire, taxes etc prevailing at the date of this Contract. The Company reserves the right to amend the Contract by the net amount of any extra costs arising or incurred by the Company occurring before completion of the works as specified in the Contract. Due to any factors beyond the control of the Company such as without limitation any unforeseen structural works, conditions requiring repair as uncovered, or advised by the Company prior to final installation of the Goods, any change in delivery dates, quantities or specifications for the Goods which is requested by the Customer, any delay caused by any instructions of the Customer or failure of the Customer to give the Company adequate information or instructions regarding pre-existing site conditions.
5. Terms of payment
(a) All Flooring Materials & Services Price shall be paid for before delivery or any other installments or credit approved by the Company.
(b) In the event that any of the installments payable shall not be paid within 7 days of the due date the whole of the balance of the price shall become immediately due together with the interest thereon which interest shall accrue on any outstanding balance at the rate of 10% per annum above the current BLR until payment in full is made.
(c) Should the Installer deem that the floor cannot be installed at the time of survey because of structural problems or damp, etc, the Installer will recommend how to rectify the problem and, on agreement with the Customer, the payment will be kept until a time when floor can be installed.
(d) In the event of final payment dispute, the Customer & the Company shall conduct joint final site measurement to ascertain the final amount of payment of which must subject to 10% material wastage factor on top of the net measurement derived.
6. Installation and Completion
(a) Installation of the Goods shall be undertaken by the Company strictly in accordance with the Contract and these terms and conditions.
(b) The Customer must ensure ALL areas are cleared prior to installing. If areas are not cleared, the Company takes no responsibility for damage that may occur to furniture, walls, doors etc as a result of the Installer does refuse to install the floor due to the areas not being cleared, the Company will arrange another time for the Installer to return to install the floor. This will therefore incur an additional cost to the Customer for time rescheduling and wages.
(c) The Customer must ensure ground floor waterproof system has been done prior to the installation of wooden types flooring.
(d) The Customer has to supply installation required electricity and water at no cost to the Company.
(e) Completion of the Contract shall take place on completion of the installation and the Customer will sign the ISDN. Once ISDN has been signed, Customer is legally binded by these terms and conditions. Any scratches and marks found in the floor that have been caused by the Installer will only be rectified if pointed out to the Installer before the Customer has signed the ISDN. Any scratches noticed after this time i.e. the following day, will be assumed to be the fault of the Customer and will not be rectified at no cost to the Customer. Therefore, it is requested that the Customers take time to check the floor before they sign the ISDN. Wooden type flooring is a delicate material and will result in scratches if improper maintenance & care.
(f) Any changes to the original Contract will be agreed and ISDN signed with the Customer before they are carried out. Any disputes after this ISDN signed will not be rectified at no cost to the Customer.
(g) Due to the cost of loading and landfill tax, all types of old floor materials that were uplifted in order for the new floor to be laid, will not be removed by the Installer. It is up to Customer to dispose of his/ her own waste. Rubbish will only be removed if this has been costed into the Contract.
7. Company`s rights to cancel
The Company may cancel this Contract at any time on 7 days in written notice to the Customer. In this event, the Company will pay the Customer on the cancellation of no more than the Contract value, unless the cancellation was by reason of any act of default of the customer.
8. Warranties and Liabilities
(a) In addition to the Customer statutory rights, the Company warrants that the Flooring Materials will be free from defect. Please refer to warranty sheet for detail.
(b)The Company shall be under no liability whatsoever in respect of any defect arising from subsidence, building movement, storm damage, fair wear and tear, domestic pet or vermin damage, willful, or accidental damage, negligence, abnormal working conditions, misuse or alteration or repair of the flooring materials without the Company`s approval.
(c)The Company shall be under no liability whatsoever in respect of any damage or deterioration in the flooring materials where any intermittent, prolonged, or chronic contact with excessive moisture or humidity, or free water has occurred or been permitted, even unknowingly, by the Customer.
(d)The Company shall be under no liability under the above warranty, condition or guarantee if the Price of the Contract is not paid on the due date from the date that the payment was due until such time as the price is paid in full. The Customer`s statutory rights are not affected. If the Customer has any doubts as to their statutory rights they should seek independent legal advice.
(a) Any dispute, controversy or claim arising out of or relating to this Contract, or the breach, termination or invalidity thereof shall be settled by arbitration in accordance with the Rules for Arbitration of the Kuala Lumpur Regional Centre for Arbitration.
(b) The Company reserves the rights to change these terms and conditions from time to time. This will not affect the terms and conditions that are agreed by the Customer at time of purchase.