CMS Downs - Website Terms of Use

Website Terms of Use

Additional Conditions Of Sale

1. Definitions: "The Company" means CMS Carpets Limited.
: "The Customer" means the customer named overleaf.
: The Goods means the floor covering briefly described under the word "Descriptions" overleaf.

2 If the Customer fails to make any payment on the due date then, without prejudice to any other right or remedy available to the Company, the Company shall be entitled to:

2.1 cancel the contract or suspend any further deliveries to the Customer.

2.2 Appropriate any payment made by the Customer to such of the Goods (or the Goods supplied under any other contract between the Customer and the Company) as the Company may think fit (not withstanding any purported appropriation by the Customer) and

2.3 Charge the Customer interest from and including the due date (both before and after any judgment) on the amount unpaid, at the rate of five percent per annum above Barclays Bank PLC base rate from time to time, until payment is made in full (a part of a month being treated as a full month for the purpose of calculating interest).

2.4 Disallow any discount to which the Customer may otherwise have been entitled.

3 Notwithstanding delivery and the passing of risk in the Goods, title to the Goods shall not pass to the Customer until the Company has received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by the Company to the Customer for which payment is due.

3.1 Until such a time as the property in the Goods passes to the Customer (and provided the Goods are still in existence and have not been resold) the Company shall be entitled at any time to require the Customer to deliver up the Goods to the Company and, if the Customer fails to do so forthwith, to enter upon the premises of the Customer or any third party where the Goods are stored and repossess the goods.

3.2 The Customer shall not be entitled to pledge or in any way charge by the way of security for any indebtedness any of the Goods which remain the property of the Company, but if the Customer does so all moneys owing by the Customer to the Company shall (without prejudice to any other right or remedy of the Company) forthwith become due and payable.

4 No order which has been accepted by the Company may be cancelled by the Customer except with the agreement in writing of the Company and on terms that the Customer shall indemnify the Company in full against all loss (including loss of profit) charges and expenses incurred by the Company as a result of cancellation.

5. Installations:

5.1 Whilst the company will use its best endeavours to take all reasonable care in the fitting of a floor covering it will not accept liability for any damage as may be caused to any pipes, wires, conduits, cables or similar conducting media or any loss arising therefrom unless the exact location and route of any such conducting media has first been notified to the company or its agent. No liability will be accepted by the company for any damage as may occur to skirting boards, doors, floors or decorations as may be caused as a consequence of fitting a floor covering.

5.2 Once an installation date has been agreed, the customer may re-schedule this, but notice must be given no later than 48 hours prior to the fitting.  Should the fitting be re-scheduled less than 48 hours prior then the Company resrve the right to make a service charge.

5.3 The Company will endeavour to complete the fitting on the required fitting date.  Should this need to be re-scheduled for any reason, then the Company will not be held responsible for the customer's loss of time or costs.