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
East
Sheen
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
1.1
“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.
2.1
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.
3.1
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.
4.1
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.
5.1
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.
6.1
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.
7.1.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.