PRO-TEK™ Flooring: Terms and Conditions
1. Terms of Payment
1.1 The Seller shall invoice the Buyer for the goods immediately following delivery.
1.2 If the Buyer fails to pay on the due date, the Seller shall be entitled to:
1.2.1 the immediate payment of all outstanding payments on the Goods or any other goods, services or works under any contract even if payment is not due and irrespective of any credit facilities;
1.2.2 charge the buyer interest at the rate of 2.5% per month on unpaid amounts until payment is made (a part of a month being treated as a full month) for the purposes of calculating interest); and
1.2.3 charge the Buyer the cost of recovery of any unpaid amount including any legal costs, disbursements and bank charges incurred.
2. Risk and Property
2.1 Risk of damage to or loss of the Goods shall pass to the Buyer on delivery. The property in the Goods shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full for the Goods and all other goods for which payment is due.
2.2 Until the property in the Goods passes to the Buyer the Seller shall be entitled to require the Buyer to deliver up the Goods to the Seller and if the Buyer fails to do so, to enter upon any premises of the Buyer or any third party where the Goods are stored and repossess the Goods.
2.3 Until property in the Goods passes to the Buyer, the Buyer shall keep the Goods separate from those of the Buyer and any third party and properly stored, protected, insured and identified as the Seller’s property. If the Buyer sells the Goods before the Property has passed to the Buyer, the Buyer will account to the Seller for the proceeds of any such sale.
2.4 The Buyer shall not be entitled to pledge or in any way charge any of the Goods which remain the property of the Seller but if it does so all monies owing by the Buyer to the Seller shall forthwith become due and payable.
2.5 Where the Seller is unable to determine whether any goods are the Goods, the Buyer shall be deemed to have re-sold, or otherwise dealt with all goods of the kind sold by the Seller in the order in which they were invoiced to the Buyer.
3.1 This clause applies if:
• the Buyer makes any voluntary arrangement with its creditors or (being an individual or firm) becomes bankrupt or (being a company) becomes subject to an administration order or goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or
• an encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Buyer; or
• the Buyer ceases, or threatens to cease, to carry on business; or
• the Seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly.
3.2 If this clause applies then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without any liability to the Buyer, and if the Goods have been delivered but not paid for the prices shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
All orders accepted subject to the conditions that prices charged will be those ruling at the time of despatch.
Cancellations which must be confirmed in writing can only be accepted prior to goods being picked or dispatched.
When goods are returned solely on the account of customer error, we will only issue credit amounting to that obtained for the goods on resale less 20% handling charge. In cases where goods returned are seriously damaged in transit due to inadequate packing or failure to pack the goods up properly in their boxes, credit for scrap value only can be accepted. Any Goods which are returned is at the customer’s risk and should be clearly marked with the sender’s name and address.
7. Duplicated Orders
In the event of a telephone order or verbal order being duplicated due to failure on the part of the customer to mark the confirmation order as such, credit will be admissible only within the terms stated above, under the heading “Returns”
8. Damage or Loss in Transit
Claims for damage can only be considered if notification is received within 7 days of delivery (23 days if internal damage to full pallet/container). Claims for suspected loss must be lodged within 28 days from date of invoice.
All goods should be inspected by dealer/customer prior to installation as claims resulting from visible defects cannot be entertained after the Goods have been fitted. Any complaint that arises on goods already fitted can only be considered once the installation has been inspected by a dealer/supplier and the details submitted on our official complaints form, a copy of which will be supplied on request. We can accept no lability for consequential loss or damage due to circumstances beyond our control or that of our suppliers.
Anticipated delivery dates are given in good faith and whilst every effort is made to ensure they are met this cannot be considered as the essence of any contract. Therefore, on the rare occasion that a delay does occur we are not able to accept liability in the event of any corresponding claim.
Transfer of Title
The ownership of the goods shall remain with us and until payment in full for all the goods has been received by us in accordance with the terms of sales, together with payment of all sums which may be due or owing by you to us. If such payment is overdue in the while or in part, we may (without prejudice to any other right of ours) recover or re-sell the goods or any of them and may enter upon your premises by our servants or agents for that purposes. Such payment shall become due immediately upon the commencement of any act or proceeding in which your solvency is involved.
It is the responsibility of the claimant of any award to notify the Inland Revenue where appropriate.
E. & O. E.
PRO-TEK™ Flooring: Product Warranty
PRO-TEK™ Flooring products can only be invoked if all the following conditions have been fulfilled. In doubt, please contact PRO-TEK™ Flooring or your supplier.
|Essential||0.3mm||10 years||5 years|
|Excel||0.7mm||Lifetime *||30 years|
|Excel Long Plank||0.7mm||Lifetime *||30 years|
|Excel Tile||0.7mm||Lifetime *||30 years|
|Distressed Plank||0.7mm||Lifetime *||30 years|
|Warranty Period for 0.3 and 0.7mm||* Lifetime is defined as 35 years|
Residential: installation is defined as a private domestic residence
Commercial: installation is defined as one in which business is conducted
This warranty is in addition to and does not affect your statutory rights. PRO-TEK™ Flooring offer a discretionary, prorated labour compensation scale for product which is entitled to have a repair or replacement.
|Discretionary: - Labour compensation||Prorated||Prorated|
|7mm & 3mm qualities||7mm||7mm||3mm||3mm|
- This warranty applies only to the first owner and the first installation of the product and is not transferable. The person deemed to be the first owner is the person stated as the buyer on the purchase invoice. The date of purchase is the invoice date. The original purchase invoice, duly dated and carrying the distributor’s or retail’s stamp, will need to be submitted.
- Before installation, all planks/tiles must be checked carefully for material defects under an optimal clear light condition before and during installation. Product with visible defects must not be installed under any circumstances. Installation implies acceptance. PRO-TEK™ Flooring or the distributor/retailer must be informed in writing of such defects within 15 days. After this time has elapsed, no further complaints will be accepted. Under no circumstances can PRO-TEK™ Flooring be held responsible for any loss of time, inconvenience, expenses, costs or other consequential damages caused by or resulting directly or indirectly from a problem about which a claim was made.
- This product warranty only applies to defects inherent to the material supplied. This is understood to mean any material or product defects, acknowledged by PRO-TEK™ Flooring, including delamination, reduced resistance of the wear layer and water resistance of the planks/tiles.
- All planks/tiles for the same commercial flooring project must be ordered at the same time. Compatibility of planks/tiles in repeated orders cannot be guaranteed.
- Do not allow cigarettes, matches or other very hot items to contact the floor as this may cause permanent damage. Use of inappropriate cleaning products must be avoided at all times.
- The residential lifetime and commercial warranty applies solely for indoor installation applications only. For other applications an individual written warranty must be requested from PRO-TEK™ Flooring.
- PRO-TEK™ Flooring must be installed following the PRO-TEK™ Flooring installation method, using the approved PRO-TEK™ Flooring accessories. The installer must be able to provide proof of compliance with PRO-TEK™ Flooring installation and maintenance instructions. These instructions are located on the cardboard packaging and from www.pro-tek-flooring.com. If installation is not performed by the end user, at least one copy of the installation and maintenance instructions as well as the warranty conditions (on www.pro-tek-flooring.com) must be provided to the end-user by the installer
- The ingress of sand and or dust on the floor must be prevented by installing a suitable non-rubber backed mat at all entrance doors.
- This warranty does not cover damage to the product caused by: Installation error. PRO-TEK™ Flooring products must be installed following PRO-TEK™ Flooring installation method using the approved PRO-TEK™ Flooring accessories.
- The commercial warranty is valid for PRO-TEK™ Flooring for a period of 5 years for 0.3mm products and 30 years for 0.7mm wear layer products from the date of purchase by the original buyer (the original invoice serving as the sole valid proof of purchase) for indoor commercial applications inside buildings under all above mentioned conditions. In addition to this the following must be considered.
- To see commercial areas of use, please click on link: Business sectors for commercial use. If in doubt for commercial use, please contact PRO-TEK™ Flooring.
- We strongly recommend you contact your dealer or PRO-TEK™ Flooring to discuss your commercial project in advance, to make sure you choose the right PRO-TEK™ Flooring and accessories.
- This commercial warranty has the same general conditions, values, scope, liability, applicable law and dispute resolution as for the residential warranty.
PRO-TEK™ Flooring reserves the right, and must be offered the opportunity, to inspect the complaint in situ and, where applicable, to inspect the floor in its installed condition.
Liability arising from this warranty is restricted to:
- Hidden defects. These are defects that were not visible before or during the installation of PRO-TEK™ flooring.
- The cost of removing and replacing the material is borne by the purchaser. If the product was originally professionally installed. PRO-TEK™ flooring will cover reasonable labour costs.
- PRO-TEK™ Flooring can never be held liable for any secondary damage
In cases where a replacement of the flooring is agreed upon, only new planks/tiles - of the current supply program at the time the complaint is upheld - will be supplied by PRO-TEK™ Flooring, the distributor or retailer. There will be no other form of compensation.
Applicable Law and Dispute Resolution:
No other warranties of any kind are granted, either explicitly or implicitly, including sale ability or suitability for a specific purpose. PRO-TEK™ Flooring is not liable for labour costs, installation costs or similar costs. Consequential damage, unusual damage and incidental damage are not covered by this warranty.
PRO-TEK™ Flooring shall not accept or be liable for any direct, indirect, special or consequential loss, claim damages including liquidated damages.
This warranty does not affect your statutory rights.