Terms and Conditions

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Terms and Conditions of Sale

Products

The products produced by us (Element Flooring Supplies) are described in the suppliers’ quotation or order confirmation. We produce bespoke products that are Customer specific i.e., the Customers desired colour, style, and size of flooring. 

We will produce products especially and customised to your requirements. When you place the order, we will ask for all the information we need from you. For example, what your desired colour is, the style of the flooring, the size and the total amount which you require. When providing us with the information while placing the order, please make sure you are certain, as we cannot accept any changes to the order once it is placed. 

The supplier uses reasonable commercial efforts to be as accurate as possible when providing sizes, weights, capacities, dimensions, and measurements in quotations. But please note that some discrepancies can occur due to batch variations. 

The Suppliers reserve the right to amend the specification if required by any applicable statutory or regulatory requirements.

The customer should only confirm the placement of the order after the Supplier has confirmed available stock of the Customer’s desired specification of the floor. In the event of an amendment to the specification, the Supplier is entitled to supply an alternative Product to match as closely as possible to the Products that the Customer has ordered. The Supplier will provide the Customer with reasonable notice as soon as this becomes apparent. Then the order shall be confirmed by the Customer by paying the required deposit. 

The Supplier strongly recommends ordering the Product for a job/project in one order, rather than splitting orders. This ensures that the product is consistent throughout. This minimises colour and grade inconsistencies/variations in the products’ final look.

The supplier is committed to complying with current EU and UK Timer Regulations. All Timber and timber products provided by the supplier are, to the best of the Suppliers knowledge and belief, in line with: 

- the EU regulations on timber contained in Regulations (EU) no 995/2010 of the European Parliament and of the Council (the EU Regulations), 

- 2013 no. 223 Environmental Protection, the Timber and Timber products (placing in the market) Regulations 2013 (the “UK Regulations”)

In accordance with Article 4(2) of the EU Regulations (as incorporated into the UK Regulations) the Supplier exercises all necessary yet proportionate due diligence procedures outlined in Article 6 of the EU Regulation to ensure that any timber or timber product provided by the Supplier has been legally harvested in accordance with the EU Regulations and the applicable legislation of its origin. 

Ownership of the products and Bespoke products is transferred to the Customer once the Supplier (us) has received the payment in full and in cleared funds. 

Orders

The quantity, quality and description of and any specification for the Products will be provided to the customer by the Supplier in the Suppliers quotation. These should be carefully reviewed by the Customer and confirmed with the Supplier. 

If any changes are to be made to the order, these need to be mentioned and confirmed with the Supplier BEFORE the order is placed. 

NO CHANGES TO THE ORDER WILL BE ACCEPTED AFTER THE ORDER IS PLACED. This includes, but is not limited to, the specification of the wood or the colour of the wood.

After placing the order, a deposit of 100% is required before we can proceed any further. The deposit is NON-REFUNDABLE due to any circumstances. 

WE DO NOT ACCEPT ANY RETURNS OF ANY PRODUCTS.

UV LIGHT IMPACT

Please note, all natural products are affected by light. When strong sunlight gives off UV rays, it can have significant effects on the natural wood flooring. We will always tell customers if their floor finish consists of UV Oils, natural oils or lacquers which can be affected if the floor is exposed to strong UV light for an extended period of time. 

Strong UV light can cause shrinkage to the wood, breakdown of the finish and accelerated oxidation. This can result in extreme colour fading if the surface temperature of the floor is too high. 

Wood flooring that is left exposed to extreme sunlight and unfiltered UV rays will noticeably change the colour in the first 1-3 months. These changes may include darkening, lightening or yellowing of the wood. 

Wood flooring that has a darker coloured finish may fade/change faster as darker colours absorb more heat. Prolonged exposure to heat and sunlight can also cause shrinkage to the wood floor, which can result in splits and cracks forming, eventually leading to delamination. 

Due to this, we recommend that customers have UV filter/UV film installed on their windows if the windows where our floor is fitted get a lot of sunlight. Please refer to our Terms and Conditions of Installation for specifications of allowed floor temperatures. 

Floor Data Logger

The Floor Sentry Wood Data Logger is a small device that is stuck onto the underneath of our engineered floor boards (not all boards, but a specific one in a room) to monitor and record the internal temperature and relative humidity (RH) within the floor board as well as the temperature and RH on the surface of the sub-floor. 

We install these small devices in floor-boards for warranty reasons. Having this device allows customers to track the humidity and temperature of their floor and therefore they will be able to monitor if anything goes wrong, or if the maximum temperature or relative humidity has been exceeded. The customer will be able to track all of this data on an app on their phone, if the customer noticed that the temperature or RH in the room is too high or too low, they will then be able to make any changes.

The battery on these devices can last up to 10 years. 

Delivery

The Customer is responsible for collecting the goods, unless otherwise agreed upon at the time of placing the order. 

All orders must be collected within 5 working days from the order being completed, and after the invoice is paid in full and cleared funds. 

Storing of products in our warehouse will cost £100 per palette, per month. 

The supplier shall ensure that:

- All products are safely packaged to ensure no product Is damaged during delivery.

- The products are delivered to the location set out in the order or such other location as the parties may agree upon when the order is placed.

If the customer chooses to collect their ordered product instead of arranging delivery with Us, the supplier is not liable for any damage that may occur during transporting of the product. 

The customer is responsible for checking the palettes upon collection of the products for visible mechanical damage. 

Once the products leave our warehouse, we will not be responsible for any damages caused during the transportation. 

If the customer fails to collect the product from the agreed collection address.

- The supplier will store the product until delivery/collection can be re-arranged. The supplier can charge the Customer for related costs and expenses (including, without limitation, costs and insurance).

- If the customer fails to collect the Products within 4 weeks of the agreed upon date, Supplier may re-sell or otherwise dispose of the products (or any part of them) to any third party, without any liability to the Customer.

If delivery is arranged with Us, the Supplier may deliver the products in instalments which shall be invoiced and paid for separately. 

The type and quantity of products recorded by the Supplier upon dispatch from its premises shall be conclusive evidence of the type and quantity received by the Customer upon delivery. However, the customer is responsible for ensuring checking the products upon Delivery and ensuring that is has been Supplied with the correct products (including, but not limited on, the correct colour), before installing the products. 

Upon receiving the products, the Customer is responsible for checking the colour with the corresponding sample board, which the customer should be in possession of (we provide colour samples to Customers). No claims shall be made once installation has begun.

If the Customer requires delivery to a country outside of the UK, this should be discussed and agreed upon with the Supplier beforeplacing the order. 

Price and Payment 

WE REQUIRE 100% PAYMENT OF THE ORDER BEFORE PROCEEDING WITH ANY MANUFACTURING/PRODUCTION. 

The price of the products shall be as quoted by the Supplier in writing in the Proposal/Quote of the project, or in email correspondence.

Additional wood may be followed by surcharges, as per square meter. The price of the product does not include a delivery charge. 

The price of the products does not include VAT. VAT is to be added to the final invoice and is to be paid by the Customer. 

The Supplier reserves the right, by giving notice to the Customer, to increase the price of any Product to reflect any increase in the cost to the Supplier, which is due to any factor beyond the control of the Supplier. Such as, but not limited to, any foreign exchange fluctuations, currency regulation, alteration of duties, a significant increase in the cost of labour, materials, or other costs of manufacture. 

The Supplier shall not dispatch the Bespoke products for delivery, allow the collection of them or release the products from our warehouse until the Supplier has received payment in full and cleared funds. 

Limitation of Liability

Nothing in these Conditions shall limit or exclude the Supplier’s liability for: 

(a) Death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable); 

(b) Fraud or fraudulent misrepresentation.

(c) Breach of the terms implied by section 12 of the Sale of Goods Act 1979; or

(d) Defective products under the Consumer Protection Act 1987

The Supplier should under no circumstances be liable to the Customer for any of the following:

(i) Loss of profit;

(ii) Loss of sales, business or revenue;

(iii) Loss of corruption of data, information or software;

(iv) Loss of business opportunities;

(v) Loss of anticipated savings;

(vi) Loss of goodwill;

(vii) Labour costs associated with the refitting of wood floor products that need to be reinstalled to the property; or

(viii) Any indirect or consequential loss arising under or in connection with the Contract 

Force of Majeure 

Neither party shall be liable for any failure or delay in performing its obligation under the Contract to the extent that such failure or delay is caused by a Force Majeure Event. A ‘force majeure event’ means any event beyond a party’s reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable. This includes strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third parties), failure of energy sources, or transport network, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters or extreme adverse weather conditions. The Supplier is entitled to terminate the contract without liability to the Customer if a Force Majeure Event means that it is unable to perform its obligations under the Contract in accordance with its terms. 

Notices

Any notice or other communication given to a party under or in connection with the Contract should be in writing and addressed to the Director of the company or Contract Manager. All correspondence regarding a project should either be done at the company’s main email address, info@elementflooringltd.co.uk, or in writing and addressed to the company’s listed address, Unit 27 Ockham Drive, Greenford Park, London, UB6 0FD. 

Severance 

If any provision or part-provision of the Contract is or becomes invalid, illegal, or unenforceable it should be modified to the minimum extent necessary to make it valid, legal, and enforceable. 

If such modification is not possible, the relevant provision or part-provision should be removed from the contract. Any modification to or deletion of a provision shall not affect the validity and enforceability of the rest of the Contract. 

If any provision or part-provision of this contract is invalid, illegal or unenforceable, the parties should negotiate in good faith to amend such provision so that, as amended, it is legal, valid and unenforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision. 

Waiver

A waiver of any right or remedy under the contract or law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by a party to exercise any right or remedy provided under the contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy. 

Third Party Rights

A person who is not a party to the contract shall not have any rights to enforce its items. 

Variation

Except as set out in these conditions, no variation of the contract, including the introductions of any additional terms and conditions, shall be effective unless it is in writing and signed by the Supplier. 

Governing Law

The contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the Law of England and Wales. 

Your personal information (data protection)

All personal information that we collect provided to us directly by the Customer, is processed and stored in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (GDPR) and your rights under the GDPR. 

We do not sell your personal data to anyone.