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This privacy policy sets out how The Reclaimed Flooring Company use and protects any information that you give when you use this website.
The Reclaimed Flooring Company is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.
The Reclaimed Flooring Company may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 1/9/2012.
We may collect the following information:
What we do with the information we gather:
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests.
1. Definitions
In these Conditions
1.1. The "Company" means THE RECLAIMED FLOORING COMPANY LIMITED, 6a, Waterloo Works, Gorsey Mount St, Stockport, SK1 3BU
1.2. The "Customer" means the customer of the Company.
1.3 The "Contract" means any contract for sale of goods by the Company to the Customer.
1.4. The "Goods" means any goods forming the subject of this contract including parts and components of or materials incorporated in them.
2. Quotations
All quotations by the Company are subject to acceptance within 28 days. 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 and/or services.
3.
No variation or alteration to these Conditions shall be valid unless agreed in writing by a duly authorised representative of the Company.
4. Delivery and Performance
4.1. Adequate labour etc must be provided by the buyers for unloading.
4.2. Goods are delivered to the Customer when the Company makes them available to the Customer or any Agent of the Customer or any Carrier who shall be the Customer's Agent whoever pays his charges at the Company's premises or other delivery point agreed by the Company.
4.3. The Company may at its discretion deliver the goods by instalments in any sequence.
4.4. Where the goods are delivered by instalments each instalment shall be deemed to be the subject of a separate contract and no default or failure by the Company in respect of any one or more instalments shall vitiate the contract in respect of the goods previously delivered or undelivered goods.
4.5. Any period or date of despatch quoted is an estimate only and the Company shall not be liable for any loss or damage arising directly or indirectly from delay in despatch or in delivery. If any such delay continues for more than 50 days either the Company or the Customer may by written notice to the other to cancel the order so far as its remains to be performed by the Company.
4.6. If a Customer fails to take delivery of the goods or any part of them on the due date and fails to provide any instructions, documents, licences, consents or authorisations required to enable the goods to be delivered on the due date the Company shall be entitled upon giving written notice to the Customer to store or arrange for storage of the goods and the risk in the goods shall pass to the Customer, delivery shall be deemed to have taken place, and the Customer shall pay to the Company all costs and expenses including storage and insurance charges arising from its failure.
4.7. Risk in the goods shall pass to the Customer when the Customer or its Agent takes delivery of the goods.
4.8 Customer is responsible for providing delivery vehicle space at site location. Please ask for size of delivery vehicle. Failure to do so may result in the goods being returned to the warehouse and an extra delivery charge incurred.
4.9. The Company is not responsible for stacking the wood and delivery is for ground floor only. The company is not responsible for any damages or losses of any kind while delivering the flooring. The customer takes full responsibility without question of all damages and losses incurred once the flooring has left the delivery vehicle.
5.
Even though risk in the goods is passed in accordance with Clause 4 above the Customer will not own the goods until one of the following events occurs:
(a) The Company is paid for the goods and no other amounts are outstanding from the Customer to the Company in respect of other goods supplied by the Company.
(b) The Customer sells the goods in accordance with this Agreement in which case ownership of the goods will pass to the Customer immediately before the goods are delivered to the Customer
(c) Before title has passed to the Customer under the terms of this clause and without prejudice to any of its other rights, the Company will have the right to recover and resell the goods or any of them and may enter upon the Customer's premises by its Agents and/or servants for that purpose.
(d) Should the Customer alter the goods by subjecting them to any manufacturing process or incorporating them into any other product or mixing them in any way the Company will own the resulting product ("altered goods") until payment due under all contracts between the Company and Customer has been made in full and all the Company's rights under these clauses shall extend to the altered goods.
(e) Until payment due under all contracts between the Customer and the Company has been made in full.
(i) the Customer shall hold upon trust to the Company the goods and altered goods
(ii) in the event of the sale or hire of the goods or altered goods by the Customer he shall hold the proceeds of such sale or hire on trust for the Company in a separate Bank account opened by the Customer for this purpose
(iii) the Company may trace all such proceeds of sale and hire charges received by the Customer through any Bank or other account maintained by the Customer
(iv) in the event of the sale or hire of the goods or the altered goods by the Customer in the ordinary course of its business the Customer shall assign its rights to recover the selling price or hire charges from the third parties concerned to the Company if required to do so in writing by the Company
(v) the Customer shall not assign to any other person any rights arising from the sale or hire of the goods or the altered goods without the express consent of the Company in writing
(f) as the insurable risk in the goods shall pass to the Customer as soon as the goods are delivered to him or to his order and pending disposal the Customer shall keep the goods insured in the amount of the price at which the goods are sold to the Customer against all insurable risks
(g) if the goods are destroyed by an insured risk prior the same being paid for by the Customer the Customer shall receive the proceeds of insurance as Trustees for the Company
(h) if the Customer does not make payment to the Company when such payment becomes due or becomes Bankrupt or enters into liquidation or any composition with its creditors and or has a Receiver or Manager appointed over all or part of its assets or becomes insolvent or if the Company has reasonable cause to believe that any of these events is likely to occur the Company shall have the right without prejudice to any other remedies.
(i) to enter the premises where the goods owned by the Company are stored or kept and to repossess and dispose of any such goods owned by it so as to discharge any sums owed to it by the Customer
(ii) to retain any undelivered goods
(iii) to insist that the Customer does not resell or part with possession of any of the goods owned by the Company until the Customer has paid in full all sums owed to the Company by the Customer
6. Price bespoke goods deposits returns and payment
6.1. The Company shall have the right to adjust its prices for any increase at any time before the goods have been delivered and such increased prices shall apply to any goods contracted to be purchased by the Customer whether or not delivered unless within 7 days from the date of such notice the Customer notifies the Company in writing that such increased price is not acceptable in which case the contract in so far as it relates to such goods and remains to be performed by the Company shall be determined.
6.2. All invoices are payable as stated on confirmation of sale and Company's invoice at the Company's premises stated on the invoice and in no circumstances shall the Customer be entitled to make any reduction or withhold payment for any reason at all.
6.3. The type of payment shall be of the essence of the contract. Without prejudice to any other rights of the Company, if the Customer fails to pay the invoice price by the due date the Customer shall not be allowed discount (if any) given in that invoice and shall pay interest on any overdue amount from the date of which payment was due to that on which it is made (whether before or after judgement) on a daily basis at a rate of 4% over the Base Rate from time to time quoted by Barclays Bank PLC and reimburse to the Company all costs and expenses (including legal costs) reasonably incurred by the Company in the collection of any overdue amount.
6.4 If the Customer orders comprise special made to order Goods or Goods adapted at your request, then the specifications provided by the Customer and used to produce or adapt the Goods shall be at the Customer's risk. Those Goods will be produced using the agreed specification. Once the Goods have been completed the Company shall not be held liable if the Goods no longer suit the Customer's intended purpose for whatever reason. Once produced, the Company reserves the right to charge the Customer for any alterations to the ordered Goods and any changes to the agreed specification.
6.5 A non-refundable payment equal to 50 % of the price of the bespoken Goods must be made in advance on the date of the order. Once the Goods have started the manufacturing process, the quantity ordered cannot be reduced. Unless stated otherwise on the order, the balance must be paid on or before delivery of the Goods.
6.6 Where the Customer has ordered Goods (whether such Goods are a stock item or not), any deposit paid by the Customer shall be non-returnable in the event that the Customer subsequently cancels the order or fails, for whatever reason, to collect or take delivery of such Goods within a period of 6 weeks from the date of the order.
6.7 Where the Customer, at its own cost, returns any non-bespoken Goods (due to non-default on the part of the Company), the Company retains the right to levy a handling/restocking charge equivalent to 20% of the invoice value of those Goods.
7. Storage
The Customer shall store all goods supplied by the Company in accordance with British Standard Institute recommendations, unless otherwise stated. We advise you to contact The British Standard Institute for further information and read through our website wood storage guidelines.
8. Claims and Notifications
8.1. Any claim for non-deIivery of any goods shall be notified in writing by the Customer to the Company within 10 days of the date of the Company's invoice.
8.2. Any claim that the goods have been delivered damaged or not of the correct quantity or do not comply with their description shall be notified by the Customer to the Company within 10 days of their delivery
8.3. 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 which is not reasonably apparent on inspection within 7 days of the defect coming to the Customer's attention and in any event within 28 days of delivery.
8.4. The Company shall be afforded all reasonable opportunities and facilities to investigate any claims made under this condition and the Customer shall, if so requested in writing by the Company, promptly return any goods the subject of any claim and any packing securely packed and carriage paid to the Company for examination
8.5. The Customer acknowledges that he has not entered into any contract with the Company in reliance upon any representation not contained in the quotation given by the Company.
8.6. The Company shall have no liability to the Customer (other than liability for death or personal injury resulting from the Company's negligence) for any loss or damage of any nature arising from any breach of any express or implied warrant or condition of the contract or any negligence, breach of statutory or other duty on the part of the Company or in any other way out of or in connection with the performance or purported performance of or failure to perform the contract except in accordance with this condition.
8.7. Under no circumstances shall the Company have any liability of whatsoever kind for any defects resulting from wear or tear, accident, improper use by the Customer or use by the Customer otherwise than in accordance with the instructions or advice of the Company or Manufacturer of any goods or in disregard to British Standards Institute recommendations.
8.8. The Company shall not have any liability of whatever kind for failure by omission or disregard by the Customer for storage use or otherwise of the British Standards Institute recommendations nor in respect of any description illustration specification figures as to performance drawings and particulars of weights and dimensions submitted by the Company contained in the Company's catalogues, price lists or elsewhere since they are merely intended to represent a general idea of the goods and not form part of the contract or to be treated as representation nor could any technical information recommendation statements or advice furnished by the Company or its servants and or agents unless given in writing by the Company its servants and/or agents in response to a specific written request from the Customer before the contract was entered into.
8.9. If the Customer establishes that any goods are defective, the Company shall as its option replace with similar goods or repair any defective goods and allow the Customer credit for their invoice value or to the extent that the goods are not of the Company's manufacture, assign to the Customer (so far as the Company is able to do so any warranty to be given by the Manufacturer of the goods to the Company
8.10. Where the Company is liable in accordance with these conditions in respect of only some or part of the goods, the contract shall remain in 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 other parts of the goods.
9. Obligations of the Customer
The Customer shall undertake to ensure that in relation to any goods supplied by the Company, that the Customer will comply with all relevant sections of the Health and Safety at Work Acts or Statutory Modifications thereof and in particular will ensure that any instructions as to the use of the goods supplied by the Company shall be clearly displayed and that adequate information is passed to all persons concerned about the conditions necessary for the safe use of such goods.
10. General
10.1. The contract is between the Company and the Customer as principals and shall not be assignable by the Customer without the express written consent of the Company.
10.2. The Company shall have a lien on all the Customer's property in the Company's possession for all sums due at any time from the Customer and shall be entitled to sell use or dispose of that property as Agents for and at the expense of the Customer and apply the proceeds in and towards payment of such sums on 28 days notice in writing to the Customer.
10.3. The Company may at its discretion suspend or terminate the supply of any goods if the Customer fails to make payment when and as due or otherwise defaults in any of its obligations under the contract or any other agreement with the Company.
11. Force Majeure
If the performance of the contract or any obligation under it is prevented, restricted or interfered with by reasons of circumstances beyond the control of the party obliged to perform it, the party so affected upon giving prompt notice to the other party, shall be excused from the performance to the extent of the prevention restriction or interference but the party so affected shall use its best endeavours to avoid or remove such causes of non-performance and shall continue performance under the contract with the utmost despatch whenever such causes are removed or diminished.
12. Law and Construction
12.1. The contract or its agreement shall be governed by English Law and the Customer consents to the exclusive jurisdiction of the English Courts in all matters regarding this contract except to the extent that the Company invokes the jurisdiction of the Courts of any other Country.
12.2. The headings of conditions are for convenience only and shall not affect their interpretation.
13. Moisture Content
13.1. The moisture content of new wood delivered by the Company will be in accordance with British Standards Institute recommendations unless otherwise stated. The moisture content of reclaimed wood delivered by the Company will be in accordance with British Standards Institute if stated to be so, in the relevant section. If there is no mention of British Standards Institute moisture recommendations, we advise you to request the relevant moisture content information. Some of our reclaimed wood stock is seasoned timber and therefore does not need kiln drying in accordance with British Standards Institute recommendations.
13.2. Any complaints as to the moisture content must be made to the Company within 72 hours of delivery and followed up in writing by the Customer within 72 hours thereafter.
13.3. Any goods delivered by the Company must be stored by the Customer in proper conditions and in accordance with British Standards Institute recommendations.
14. Samples
All samples are only an indication and not a guarantee of size, quality or colour of the goods to be supplied.
15. Machining
All solid wood boards are accurate to .1-1% of their width due to blades blunting while machining and board acclimatization. This is to be seen add a characteristic of the natural material and not a defect; we advise you to buy engineered flooring if the above mentioned variation is viewed as a concern.
16. Grade
16.1 All grades apart from Prime Grade of new wood will contain potential knots, shakes, worm holes, sap wood, colour variation of different amounts and sixes. Castle Grade, Character B/C and C will all show any of the above, Character A/B and Grade A wood will show minimal character variation as mentioned above. Prime Grade, is the cleanest grade with zero of the mentioned above characteristics.
16.2 Some batches of reclaimed timber flooring will require cleaning and some batches will be supplied with more surface and material contamination than others. Reclaimed wood flooring stock changes throughout the year, no batch of wood will be identical to the next. Reclaimed stock may require de-nailing, grading, cleaning, re-machining before fitting, depending on the product ordered. This is to be considered standard and expected practice with genuine reclaimed wood flooring unless otherwise stated.