From: Richard Clough [richardclough@mr-carpet.co.uk]
Sent: 28 August 2018 16:52
To: 'shona cronin'
Cc: 'Carpet Sheen'
Subject: RE: S29918 Scott agreed replacement carpet

Hi Mrs Scott

 

I have spoken to my manager regarding your re-selection of our Nepal 100% carpeting, colour Jaipur JAI-922 that is currently on promotion @ £38.48m2.

 

The offer to you was that we would replace your current carpet with a re-selection up to the value of £33.35m2 (this figure was your original purchase price of £29.00m2 + 15%). This offer was put in writing back in March of this year (see email chain below for reference).

 

You require 139.5m2 of carpet so the difference is as follows:

 

 

Therefore the different between our offer to you and your re-selection is an additional £715.64 inc VAT

 

Fitting is booked for Wednesday 24th and Thursday 25th October with our fitting team arriving between 9-10am (this is a different team than the original installation as discussed and agreed).

 

I hope you are in agreement with all of the above and if so would ask that you contact me to pay the £715.64 and confirm the fitting dates.

 

I look forward to hearing from you.

 

Regards

 

Richard

 

Richard Clough

293-299 Upper Richmond Road West

East Sheen

London

SW14 8QS

T: 020 8876 9126

 


From: shona cronin [mailto:scronin76@hotmail.co.uk]
Sent: 25 April 2018 14:11
To: Richard Clough
Subject: Re: S29918 Scott agreed replacement carpet

 

Hi Richard

Apologies for not being in touch sooner, it’s been very busy

and the kids have been sick. 

When are you in the store for the rest of this week so I can 

try and come in and have a look at some carpets? 

Thanks a lot

Shona Scott 

Sent from my iPhone


On 28 Mar 2018, at 13:39, Richard Clough <richardclough@mr-carpet.co.uk> wrote:

Hi Mrs Scott

 

I have spoken to my manager David and he has confirmed that the offer in place to you is that you can re-select a carpet up to 15% more than the current selling price of the Boston carpeting.

 

Have a great holiday and we’ll see you on your return.

 

Regards

 

Richard

Richard Clough

293-299 Upper Richmond Road West

East Sheen

London

SW14 8QS

T: 020 8876 9126


From: shona cronin [mailto:scronin76@hotmail.co.uk]
Sent: 27 March 2018 22:39
To: Richard Clough
Cc: sheenbranch@mr-carpet.co.uk
Subject: Re: S29918 Scott agreed replacement carpet

 

Hi Richard

Thanks for the email and for agreeing to replace the carpet. 

I believe your manager agreed to replacing our current carpets with a carpet up to 15% more than the actual price of the Boston rather than the sale price. Otherwise we could end up with a carpet of inferior quality to what we have currently if your sale is no longer on. Can you please confirm that this is the case. 

We are going on holidays on Saturday for a week so I will be in touch re coming in once we’re back. 

No problem for the fitting to be done in 2 parts. 

Thanks 

Regards

Shona Scott 

Sent from my iPhone

 

On 27 Mar 2018, at 09:15, Richard Clough <richardclough@mr-carpet.co.uk> wrote:

Hi Mrs Scott

 

Following our site visit yesterday I am writing to confirm our offer that we will replace your current Boston carpeting with a re-selection of your choice up to the value of £33.35m2 inc VAT (this is the value of your current carpet that was £29.00m2 inc VAT during our Winter Sale + 15% which was the agreed amount).

 

I would ask that you inform me of when you intend to call into the branch to re-select and I will make sure that I can be there to assist given the issues you have had and points raised yesterday. I can therefore point you in the direction of carpets that will not have the same characteristics as your current carpet to avoid any potential further disappointment.

 

When it comes to the installation we would like to carry this out over 2 visits and would ask that you clear all small, breakable, personal items just as before. I can discuss the fitting phases with you when you call in to reselect.

 

If you have any other questions please contact me.

 

Regards

 

Richard

 

Richard Clough

293-299 Upper Richmond Road West

East Sheen

London

SW14 8QS

T: 020 8876 9126

Carpeting Facts and Characteristics

 

Fading on Wool Carpets

Carpets made from wool can and do fade in use. The degree of fade can vary, depending on the colour chosen and the local conditions to which the carpet is subjected.

Fading can be caused by exposure to ultra violet light which is found in daylight, but accelerated when sunlight shines directly onto the carpet. This has the effect of lightening or ‘bleaching’ the colour just as exposure to sunlight will lighten human hair. Wool is after all animal hair.

 

Soiling

Soiling is usually the result of a local condition to which the carpet has been subjected to or lack of maintenance programme. There are several types of soiling which are quite common.

Spillages – Liquids, such as soft drinks, cordials or any drink which contains sugar, particularly hot drinks, are likely to leave a stain. In such instances, professional help should be sought.

Dust – Dust can soil carpets in various ways. Apart from the obvious soiled edges, at gaping skirting boards for instance; dark lines appearing on the surface might suggest airborne dust settling. Dust can also soil carpeting through poorly fitting skirting boards. If a substantial gap is left between the sub-floor and the skirting board, dust can travel through this gap and soil carpeting from underneath. Whereas surface dust/soiling can be hoovered and cleaned, soiling from underneath through skirting boards cannot be hoovered/cleaned.

We will advise you on our site visit if incorrectly fitted skirting boards can be a potential concern for soiling in any new carpeting. (We can only offer this advice if either there is no carpeting down, so we can physically see the gaps in skirting’s OR if the currently laid carpeting has soiling visible) From this assessment we will then advise you to seek the aid of a separate contractor to resolve any further issues.

 

Flattening

Flattening will occur as a result of traffic which eventually flattens the pile, particularly in the main areas of use. All pile fabrics will flatten to a greater or lesser degree dependant on the amount of traffic to which it is subjected and the construction. Regular hoovering once a week is recommended to ensure the effects of flattening do not take on a permanent state in the carpeting.

 

Shading

Shading occurs because the pile of the carpet has become crushed, flattened or brushed in a different direction to the natural pile direction of the carpet. Whilst in situ, this causes light reflection at differing angles resulting in the creation of light and dark patches in the carpet. This will occur on all pile fabrics but can be more noticeable on plain carpeting, such as velvet and twist pile carpets, and less noticeable on carpets with a heavy pattern or mottled/heather effect.

 

 

Indentations

When a carpet is subjected to a heavy point load, such as under the legs of furniture, it is unreasonable to expect the carpeting not to indent. Usually, the longer the load is in place, the longer will be the time for the pile to recover. It must be remembered that it is not only the pile of the carpet that becomes indented. The underlay will also indent and the backing of the carpet may also distort into the indentation in the underlay. The use of cups below furniture legs can spread the loads and the net result is a larger area of less deeply indented carpet. Often, normal maintenance (vacuum cleaning) will speed up the recovery, but with so many factors involved (weight of item, time the item was there, carpet thickness, underlay density) the carpet could potentially have permanent indentations.

 

Shedding

All cut pile carpets will lose short fibre, which is created during production when spun yarn is cut for tuft formation. These fibres fall onto the surface of the pile and appear as ‘fluff’. This is generally resolved by regular hoovering in the initial installation period and will clear up.

 

Sampling

Any sampling supplied by either Mr Carpet LTD or direct from the manufacturer will be supplied in good faith that you, the consumer, understand and agree that the sample provided might not be an exact match of the colour you will receive when your carpet is fitting. Carpet colour can vary between different dye batches, but will always be within ‘commercial tolerance’.

 

 

Terms and Conditions of Trading

 


 

1              Definitions

1.1 “The Company” means Mr Carpet Limited (and/or licensed Franchises operating under the name of Mr Carpet).

1.2 “The Customer” means the customer as stated overleaf.

1.3 “The Materials” means the materials described overleaf, whether in detail or by reference to a previous specification.

1.4 “The Site”        means the customer’s premises (or other delivery address as shown overleaf).

1.5 “The Contract”  means the contract for the sale of goods and services by the Company to the Customer.

1.6 “Head Office”   means the offices of the central administration of the Company, not necessarily the registered offices.

1.7 “Working days” means MONDAY to FRIDAY inclusive.

2              General

2.1           Unless otherwise agreed in writing by Head Office these terms and conditions shall apply to all orders placed with the Company by the Customer.

2.2           These conditions shall be incorporated in the Contract to the exclusion of any terms or conditions stipulated or referred to by the Customer.

2.3           No variation or amendments of this Contract shall be binding on the Company unless confirmed in writing by Head Office.

3              Acceptance

3.1           A Contract price given by the Company is open for acceptance by the Customer for 28 days. Queries regarding quantities of materials, methods of fitting, position of joins etc. must be resolved before acceptance thereof.

3.2           All prices quoted by the Company are inclusive of Value Added Tax (charged at the rate applicable at the date of invoice), unless otherwise stated.

3.3           Where measurements are provided by the Customer and are not subject to prior confirmation and checking on Site by the Company the Customer is liable for any errors resulting from incorrect measurements. If requested by the Customer to carry out any additional or remedial work necessitated by the Customer’s incorrect measurements the Company reserve the right to charge for any additional materials, fares, travelling time and time spent on Site in addition to the Contract price.

3.4           To facilitate quick and efficient fitting all areas must be cleared of furniture, effects and old carpets unless a separate charge has been agreed and included in the Contract price. If this is not done the Company reserves the right to make a charge for this service in addition to the Contract price.

3.5           The Company will not accept responsibility for damage to pipes or cables under the floor or consequential damage to property or fittings unless the location of the pipes and cables are clearly marked for the fitter to see.

3.6           The Company does not provide a door trimming or easing service, but by request of the Customer a subcontractor can be organised on behalf of the Customer.

3.7           A firm, level floor is essential to obtain maximum wear. Subsequent complaints about the carpets resulting from inadequate floor quality cannot be upheld.

3.8           Slight variations in widths of carpets and smooth-flooring cannot be avoided but tolerances are within British Standards Institute stipulated tolerances.

3.9           Unless otherwise stated the Contract price is for one visit to the Site only. If this Contract is interrupted or extended due to change of specifications and/or instructions by the Customer or it is found that additional remedial work is necessary by the Company or there is interference by other trades which delay the Contract additional fares, travelling time and time spent on Site will be charged in addition to the Contract price.

3.10         Any times quoted for delivery are estimates only and time will not be of the essence of the Contract. Delay will not render the Company liable to any claims for damages, direct or indirect.

4              Matching, Shading and Berber Effect

4.1           We draw your attention to the difficulty of producing an exact match of shades and pattern repeats with different widths of carpet and smooth-flooring of any quality which are required to be laid together. As it is not possible for us to give, or to obtain from the manufacturer, a guarantee of perfect matching we regret that orders are accepted on the understanding that the nearest obtainable match is provided. Naturally every effort will be made to supply as satisfactory a match as possible.

4.2           All pile carpets (especially plains and Berbers) are liable to shading, that is to show light and dark patches arising from unequal crushing of the surface. Shading is an inherent characteristic and this tendency is not detrimental to the carpet and is not due to any manufacturing defect. The Company cannot therefore accept any responsibility for the effect.

4.4           All manufacturers of Berber carpets produced from wool or containing wool use a random blend of colour. This can cause a lined effect in the carpets which may not be noticed in sample form.

5              Cancellation/Changes

5.1           Cancellation or change cannot be accepted without written agreement by both parties.

5.2           Cancellations are considered only when materials have not already been cut. Where materials have been ordered specially from the manufacturer/supplier cancellation will only be accepted after it has been ascertained that materials are not in transit, and that the manufacturer will accept cancellation.

5.3           If the Company agrees to the return of any materials ordered by the Customer, the Customer shall be liable to pay the Company a restocking charge of 20% of the nett sale price of the goods.

5.4        Changes to the Contract cannot be accepted within 3 working days of the appointment for delivery/fitting.

5.5           Cancellations or deferment by the Company will not render the Company liable to any claims for compensation for damages, direct or indirect.

6              Delivery/Fitting

6.1           Where delivery only or delivery and fitting of Materials is included in the Contract price a date (or dates, where appropriate) will be agreed between the Company and the Customer. Every effort will be made by the Company to accommodate the Customer’s preferences and wishes.

6.2           It is not possible to quote an exact time on the agreed day for delivery or fitting. An indication can be given by the Company to the Customer according to other work booked on the same day, once known but must be seen by the Customer as a guideline only.

6.3           Should the Customer wish to change an appointment once made for delivery or fitting the Customer must contact the branch of the Company where the order was placed at the latest before Noon - 2 working days prior to the appointment day.

6.4           The requirement for 2 working days notice means that changes to MONDAY bookings must be made before Noon on the preceding THURSDAY and changes to TUESDAY bookings must be made before Noon on the preceding FRIDAY.

7              Deposits and Payments

7.1.A    Non-Account Customers – delivery to own house

For Orders under £500; FULL PAYMENT will be due upon acceptance of the Contract price.

For Orders over £500; 50% deposit will be due upon acceptance of the Contract price and balance due 48 HRS before the 1st day of installation or 1 Calendar Month after the order is placed if the fitting is delayed at the Customer’s request.

7.1.B    Non-Account Customers – delivery to Third Party address

For Orders under £500; FULL PAYMENT will be due upon acceptance of the Contract price.

For Orders over £500; 50% deposit will be due upon acceptance of the Contract price and balance due 48 HRS before the 1st day of installation or 1 Calendar Month after the order is placed if the fitting is delayed at the Customer’s request.

7.1.C    Account Customers

FULL PAYMENT will be due 30 days after installation or 1 Calendar Month after the order is placed if the fitting is delayed at the Customer’s request.

7.2           Time for payment shall be the essence of the Contract. Without prejudice to the rights of the Company, if the Customer fails to pay the Contract price by the due date the Customer shall pay interest on any overdue amount from the date on which payment was due to that on which it was made (whether before or after judgment) on a daily basis at a rate of 2 1/2 % per month, and reimburse the Company all costs and expenses (including legal costs) incurred in the collection of any overdue amount.

7.3           The Materials shall remain the property of the Company until the whole of the Contract price has been paid. The Customer shall be responsible for the safe custody, loss or damage to the Materials whilst they are on the customer’s premises (or other delivery address as shown overleaf).

7.4           Notices of any faults or defects in workmanship or materials must be sent to the Company in writing within 14 days of delivery/fitting and the Company must be given the opportunity to inspect such defects otherwise the Company will not be responsible in respect thereof. The Company will not be liable in any event for defects beyond the Company’s control.

7.5           A Customer shall not be entitled to delay or withhold payment in full or in part for any reason whatsoever.

7.6           Where materials are available but at the customer’s request, have not been fitted (or fitting has commenced but not completed) within 28 days of acceptance of the Contract price the balance becomes immediately payable in full.

7.7      A charge of £15 plus Value Added Tax (at the rate applicable at the time) will be made in respect of any Customer’s cheque referred to drawer or returned to the Company by the Customer’s bank.