S. SMITH & SONS CARPETS LTD (hereafter referred to as the Company)

TERMS OF BUSINESS

Statutory Rights

None of the contents of these terms of business shall affect the consumer’s statutory rights.

Estimates and Quotations

The Company will provide consumers with a verbal estimate as a rough estimate on the project cost. However it is only a guide and the detailed cost of the project is contained in the written quotation given when the order is confirmed.

The Company will provide a written quotation which will include an overall figure for the project. The following items will be covered by the quotation: the product cost and measurements, uplifting of old carpet and underlay, removal and disposal of the above, removal and disposal of new carpet waste, moving of furniture, trimming of doors and refitting, provision of underlay and accessories, installation costs, clearing up the site on completion, the position with “extras”, such as door bars.

Due to the increasing complexity of these devices the Company cannot accept responsibility for the disconnection and re-connection of hi-fi’s, home cinemas, TV’s, computers etc.

The Measure

The Company will carry out a detailed measure of the site for which a small charge will be made refundable against the invoice value of the project if it goes ahead.

We cannot be held responsible for any difficulties created by inaccuracies in the consumers own measurement of the project.

The Installation

The Company will organise the installation of your carpet using qualified fitters working in accordance with the residential terms of BS 5323 (2001) covered in sections 7.7, 7.8, 7.10, 7.11, and 8.

The consumer is responsible for the condition of the sub-floor and if additional preparation work is needed to rectify undisclosed faults in the floor, additional charges may be made for installation.

Any delays in carrying out the installation not within the reasonable control of The Company will not be our responsibility.

If the installation is required outside the normal working hours a premium for overtime payments may be added.

The position of the wiring and piping in vulnerable places must be drawn to the attention of the fitter.

The Company cannot be responsible for the accidental damage to pipe work or cables as a consequence of a failure on the consumer’s part in this respect.

If requested by the consumer The Company will carry out ancillary tasks to complete the project.

This will include: movement of furniture, door trimming and refitting, uplifting the old carpet and underlay, removal and disposal of waste and the old carpet/underlay, disconnecting, moving and reconnecting TV’s, hi-fi’s computers, home cinemas etc, clearing up the site and dealing with skirting-board gaps.

There will be charges associated with these tasks, the work content of which must be agreed prior to the production of the written quotation.

If the project requires seaming it must be appreciated that it is impossible to achieve a completely invisible seam.

The Company will provide a free one year guarantee against installation faults.

Due to a number variables carpet may “relax” in the first few weeks following installation and this may require a re-stretch which The Company will undertake at no cost.

Any problems with installation should be referred to The Company as soon as possible.

Guarantees and The Carpet Foundation Consumer Code of Practice

The Company will inform consumers of the guarantees which are provided for the products we sell.

The Company support the Carpet Foundation Consumer Code of Practice and adopt its contents in order to ensure that the consumer is treated in accordance with the best selling practices in the UK.

Cancellation of Orders

When an order is placed a contract exists between the consumer and The Company.

Cancellations are not normally acceptable although in extenuating circumstances where the consumer cancels on reasonable grounds a full refund of the deposit will be made (less any charges for work already completed).

In such cases any deposit paid would be refundable (less any charges).

Cancellations made for other reasons can lead to a loss of deposit and charges for the consumer for other work undertaken by The Company.

Delivery and Installation Deadlines

The Company will liaise closely with the consumer over delivery and installation dates to ensure that the consumer is not unduly inconvenienced if any problems occur.

When placing the order the consumer must inform The Company of any “critical deadlines” by which time the project must be completed.

Payment Methods

The Company will ask for a maximum deposit of 33.3% on confirmation of the order.

The balance of the total amount to be paid will become due on completion of the installation and production of the final invoice.

Payment methods may include cheque, bankers draft, credit card, debit card or cash.

Outstanding amounts not paid will attract a 2.5% interest rate per month.

The pursuit of consumers who fail to pay on time may lead to professional charges which may be passed on to the consumer.

The consumer’s deposit is protected against problems of business failure by the Carpet Foundation Deposit Protection Scheme.

The re-presentation of dishonoured cheques will lead to a payment of £15 charged to the consumer.

Any credit terms offered to the consumer will be explained in detail and are subject to the terms of the Consumer Credit Act.

Any additional payments for extra items will be shown separately on the invoice and undertaken once the agreement of the consumer has been obtained for the extra work.

The carpet and the new underlay remains the property of The Company until payment is made in full. Product Related Information All carpet measurements are provided subject to a tolerance of plus or minus 1.25% in accordance with BS3665.

Cut pile carpet products may develop “pile reversal” which is a localised change in the direction of pile lean which alters the pattern of reflected light to give a light and shade effect. This naturally occurring phenomenon does not affect the carpet’s resistance to abrasive wear.

On all carpet some tracking marks will occur in heavy traffic areas during the normal wear life of the carpet Berber or “Berber-look” carpet may contain random flecks of colour which can sometimes create a lined effect which would not be apparent in a small sample.

Colour matching between different production batches, including different widths of carpet cannot be guaranteed.

The consumer must make it clear to The Company where exact colour matches are required.

Individual samples held by The Company will be unlikely to be from current production batches and should only be used as a colour guide not an exact match.

Where colour is critical The Company will obtain a stock cutting from the manufacturer/supplier.

When a new carpet is installed The Company recommend a new underlay as this can have a positive impact upon the wear life of the product.

The carpet must be maintained in accordance with the manufacturers or The Company recommendations.

Complaints

The Company use the complaints, conciliation and arbitration procedures set out in the Carpet Foundation Consumer Code to help resolve any disputes which, although a rare phenomenon, could occur with your order.

In the first instance any complaints about the product, the underlay or accessories or the installation should be referred as soon as possible to The Company where every effort will be made to resolve the matter with the minimum of delay

The end.