- The Reclaimed Flooring Company

TERMS AND CONDITIONS OF THE RECLAIMED FLOORING COMPANY LTD

BUSINESS TO CONSUMER

(these “Terms and Conditions”)

1. Definitions

In this Contract:

1.1 the following terms shall have the following meanings unless the context otherwise requires:

“Accessories”	any accessories supplied or to be supplied by us to you pursuant to this Contract, as more particularly identified in the Order and which may include paint and furniture;
“Bespoke Products”	has the meaning given to it in Clause 4;
“Business Day”	any day other than: (i) a Saturday; (ii) a Sunday; or (iii) a day when the clearing banks in the City of London are not physically open for business;
“Contract”	these Terms and Conditions together with the Order and any document referred to in these Terms and Conditions or the Order;
“Customer”, “you” or “your”	the purchaser of products and/or services under this Contract, as stipulated in the Order;
“Delivery Location”	has the meaning given to it in Clause 8.3;
“Event Outside Our Control”	has the meaning given to it in Clause 17.2;
“Fees”	the Product Fees and the Services Fees;
“Flooring Products”	the flooring products supplied or to be supplied by us to you pursuant to this Contract, as more particularly identified in the Order;
“Order”	the order submitted by you to us to purchase products and/or services from us either in-store or by telephone;
“Party”	us or you, and “Parties” means both of us and you;
“Products”	the Flooring Products and the Accessories;
“Product Fees”	the fees payable by you to us for the supply by us to you of the Products, as stipulated in the Order;
“Services”	the services we are to provide to you under this Contract, as may be stipulated in the Order (and which may include installation services relating to the Products);
“Services Fees”	the fees payable by you to us for the provision of the Services, as may be stipulated in the Order; and
“Specification”	the specification of the Products you order from us, as stipulated in the Order;

1.2 references to “Clauses” are to clauses of these Terms and Conditions;

1.3 the headings are inserted for convenience only and shall not affect the construction or interpretation of this Contract;

1.4 any phrase introduced by the terms “including”, “include”, “in particular” or any similar expression, shall be construed as illustrative and shall not limit the sense of the words preceding those terms; and

1.5 a reference to “writing” or “written” includes email.

2. Contract

2.1 The terms of this Contract apply to the exclusion of any terms and conditions submitted, proposed or stipulated by you in whatever form and at whatever time. These Terms and Conditions apply to all Products and Services.

2.2 Any Order provided by you to us must be in the form we require from time to time. You may place an Order by telephone or in-store. When making an Order, you must:

2.2.1 if placing the Order by telephone, provide the necessary details requested by our sales team; or

2.2.2 if placing the Order in-store, fill in and sign the written Order that our sales team provides to you.

2.3 This Contract shall be legally formed and the Parties shall be legally bound when:

2.3.1 if you make the Order by telephone, when our sales team expressly tells you that we have accepted your Order; and

2.3.2 if you make the Order in-store, we have signed an Order that has been signed by you.

Signature by you, or the making by you by telephone, of an Order shall be deemed to be an offer by you to obtain Products and Services (as specified in the Order) from us, subject to the provisions of these Terms and Conditions, and our counter-signature on the relevant Order or acceptance of the Order by telephone shall be considered acceptance of such offer, but the requirements for us to perform any of our obligations under this Contract shall be conditional upon our receipt from you of any advance payment of Fees as required under this Contract.

2.4 Please read these Terms and Conditions carefully, and check that the details on the Order are complete and accurate, before you pay the deposit to us as required in the Order and any subsequent invoice that we send to you. If you think that there is a mistake, please contact us to discuss.

2.5 This Contract shall, unless terminated earlier in accordance with the termination provisions of this Contract, continue in full force and effect until the latest of:

2.5.1 the completion of the provision of the Services, and the supply of any Products, as specified in the Order, in accordance with this Contract; or

2.5.2 the conclusion of payment of all sums due under this Contract.

2.6 In the event of a conflict between these Terms and Conditions and the Order, then the Order shall prevail over these Terms and Conditions.

3. Changes to order or terms

3.1 Once we and you have entered into this Contract, you may ask us to make a change to the terms of this Contract within 7 days of us and you entering into this Contract by contacting us, except in the case of Bespoke Products. Where this means a change in the total price of the Products, we will notify you of the amended price in writing. You can choose to cancel this Contract in accordance with Clause 13 or Clause 14 (as appropriate) in these circumstances.

3.2 If you wish to cancel this Contract before it has been fulfilled, please see your right to do so in Clause 13 or Clause 14 (as appropriate). In the case of Bespoke Products, unfortunately, because we make these Products to your specific requirements, you will not be able to cancel this Contract once it has been accepted by us.

4. Bespoke Products

Unfortunately, we cannot accept the return of Products supplied to your particular specification, including Flooring Products (new or reclaimed) that have been either re-machined, machined or hand-worked in any way; such Products are considered to be bespoke and we will spend time and money in manufacturing them for you (“Bespoke Products”). However, this will not affect your legal rights in relation to Bespoke Products that are faulty or not as described. Advice about your legal rights is available at your local Citizen’s Advice Bureau or Trading Standards office.

5. Services

5.1 We warrant that:

5.1.1 we shall use our reasonable skill and care in providing the Services;

5.1.2 our employees, agents and subcontractors have the necessary skill to provide any Services;

5.1.3 any Services will be provided in a professional, competent and workmanlike manner;

5.1.4 we have all necessary consents, rights and permission to enter into, and perform our obligations under, this Contract;

5.1.5 we shall ensure that our employees, agents and subcontractors co-operate with, and make themselves available at all reasonable times for, discussion and meetings with, you;

5.1.6 where necessary, we shall provide the Services at your premises as set out in the Order; and

5.1.7 we shall comply with all applicable laws, statutes, regulations and bye-laws in relation to the exercise of our rights and performance of our obligations under this Contract.

5.2 Subject to us performing the Services within any timeframe agreed as being necessary for the performance of the Services, we may select our own working times and location provided that the nature of particular services does not require those particular services to be undertaken during particular working times or at a particular location (in which situation you shall be entitled to request that we perform the Services at such working times and location as are reasonable in the circumstances). For the avoidance of doubt, where we have agreed to install the Flooring Products under this Contract, we will never install the Flooring Products on the same day as delivery, in accordance with Clause 9.2.

5.3 We shall use our reasonable endeavours to perform our obligations under this Contract within any timescales set out in this Contract. However, subject to Clause 12.1, we shall not have any liability for any delays or failures to accurately perform our obligations:

5.3.1 if we have used those endeavours; or

5.3.2 if caused by any failure or delay on your part or by any breach by you of this Contract or any other agreement.

If there is any slippage in time, we shall use our reasonable endeavours to reschedule delayed tasks to a mutually convenient time. For the avoidance of doubt, time shall not be of the essence in respect of the performance of our obligations under this Contract.

5.4 If we are delayed or hindered in providing any Services as a result of any breach, delay or failure by you to perform any of your obligations under this Contract or of any other agreement between us and you, then we may charge you at our time and materials rates from time to time for:

5.4.1 any time reasonably incurred as a result of the hindrance or breach (including any wasted time for which we had anticipated that our personnel would provide Services under this Contract but become unable to provide the Services at that time as a result of your act or omission); and

5.4.2 any time that we were going to spend in providing the Services, in addition to the time we actually do spend in providing the Services.

5.5 Except where expressly stated in this Contract, we exclude all conditions, warranties, terms and obligations, whether express or implied by statute, common law or otherwise, to the fullest extent permitted by law in respect of the Products and the Services.

6. Warranty

6.1 We warrant that:

6.1.1 on delivery, the Products shall be free from material defects that negatively affect the overall quality and appearance of the Products once quality inspected onsite, installed and fully finished; and

6.1.2 only in respect of Flooring Products that have been engineered (and we will advise you whether or not this applies when you submit your Order to us), the Products shall not delaminate in the 12 months following delivery.

Please note that these guarantees do not apply in the circumstances described in Clause 6.3. If any Products do not conform to the warranties given in this Clause 6.1 (where such warranties are applicable), we shall, at our option, replace or repair, or repay an appropriate portion of the Product Fees in respect of, or provide a credit note in respect of a reasonable part of, the relevant Products

6.2 You will check the Products for obvious defects and/or damage on delivery. At our option, we shall replace repair or provide a refund for Products lost or damaged in transit to the place of delivery. Subject to Clause 12.1, we shall not have any liability for loss of, or damage to, Products in transit or on delivery to the point of delivery unless you inform us (and the carrier, if applicable) in writing within seven days:

6.2.1 after the expected date of delivery or receipt that you have not received the correct Products at all or in full; or

6.2.2 after receipt that the Products have any damage as would be obvious from such inspection as we would reasonably expect;

and also unless you provide us with our delivery note number and such other information or documentation as we may reasonably require at the same time as the notice.

6.3 Our liability for defective or damaged Products is subject to:

6.3.1 you inform us in writing of any claim promptly on discovery of the defect or damage together with reasonable details of the way in which such defect or damage was caused and how the Products do not conform with this Contract;

6.3.2 you providing us with our delivery note number and such other information as we may reasonably require;

6.3.3 where the Products have already been installed (if applicable), you show us that the Products have been installed correctly;

6.3.4 you showing to us to our reasonable satisfaction that there is a defect or damage and that the defect or damage is solely attributable to our (or our supplier’s) defective design, materials or workmanship in respect of the Products and not:

(a) wear or tear from normal use;

(b) the Product is a natural product with unique character variations; or

(c) the combination, incompatibility, attachment, affixation or incorporation of the Products with any other goods, products, materials or substances;

6.3.5 the Products have not been:

(a) misused or subjected to neglect, improper or inadequate care or carelessness; or

(b) involved in any accident or attempt at repair, replacement, alteration, change or modification except by us or on our behalf or as approved by us; or

(c) dealt with or used or stored contrary to good trade practice or any oral or written instructions, advice or recommendation of us;

6.3.6 you have paid for the Products in full;

6.3.7 you holding the Products safely and securely in good conditions; and

6.3.8 you allow the Company the opportunity to have access to and inspect the Products and, on our reasonable request, having the Products returned to us.

6.4 If you are of the opinion that the Products are defective or damaged, you shall not install (if applicable) the Products without our prior approval, and you shall store the Products in accordance with our instructions until we have dealt with your claim. In the event that you proceed with installation by using your own contractor, in such circumstances without our consent, we shall not have any liability (subject to Clause 12.1) for such defect or damage.

6.5 If you make an invalid claim under the warranty set out in this Clause 6, we may charge you for our fees and costs of dealing with that claim, including examining (and traveling in order to examine), storing, repairing or replacing the Products.

6.6 This warranty given under this Clause 6 is in addition to your legal rights in relation to the Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.

7. Products

7.1 You acknowledge that, as wood is a natural product, each section of a Flooring Product (including each sample) is unique and no two sections of a Flooring Product will be the same. All samples, in all sizes are for reference purposes only and variations are to be expected once the floor is installed, in terms of wood grain, texture, colour, sheen, lipping between wood pieces and gaps between wood pieces. You accept that such variations are acceptable and to be expected because wood is a natural product.

7.2 All solid wood board Flooring Products are accurate in size to between approximately 0.1% to 1% of their width due to blades blunting while machining and board acclimatization. This is to be seen as an added characteristic of the natural material and not a defect; we recommend that you buy new engineered flooring if you consider this variation to be a concern. Subject to Clause 12.1, we shall not have any liability for any such variations in size of solid wood board, overlay wood boards or on-site or off-site custom-made engineered board which are Flooring Products. These are considered to be unique characteristics of the Flooring Products and will not be considered a breach of the warranty in Clause 6.

7.3 All grades of wood used in the Products may contain knots, shakes, worm holes, sap wood and colour variation of different amounts. We recommend that, prior to submitting your Order, you ask us for more information about the grading of the particular Products that you are interested in ordering, and the required storage conditions for those Products following delivery and prior to installation.

7.4 Some batches of reclaimed timber Flooring Products will require cleaning and some batches will be supplied with more surface and material contamination than others. Stock of reclaimed wood Flooring Products changes throughout the year, and no batch of wood will be identical to the next. Reclaimed Flooring Products will vary in colour, wood grain, wood characteristics, straightness and thickness. Reclaimed Flooring Products stock may require de-nailing, grading, cleaning and re-machining before fitting, depending on the Flooring Product you have ordered. We have zero liability for any damage caused to any area of the property or furniture that may be caused by wood infestations such as woodworm or beetles, even if our wood is pre-treated by kiln dried or fumiged, we cannot guarantee 100% that the inside of the wood, it will be 100% free from any such, natural infestations. All of this is standard and expected practice with genuine reclaimed wood Flooring Products and we shall have not liability, subject to Clause 12.1, for any variations in the Flooring Products and from board to board at any time, including following the installation.

7.5 The moisture content of new wood in the Flooring Products has been produced in accordance with British Standards Institute recommendations unless we agree otherwise in writing. The moisture content of reclaimed wood Flooring Products will only be produced in accordance with British Standards Institute where we specifically state this to be the case. If we make no mention of British Standards Institute moisture recommendations, we recommend that you request the relevant moisture content information if required prior to purchase. Some of our reclaimed wood stock is seasoned timber and therefore does not need kiln drying in accordance with British Standards Institute recommendations. Where the Flooring Products you purchase have been in our storage warehouse for some time, we will use our reasonable endeavors to ensure that they are stored at the correct moisture level; however, due to changes in the weather over time, resulting in increased or decreased moisture in the air, we cannot guarantee that the correct moisture level has been maintained continually and consistently for days, weeks, or months for Flooring Products prior to delivery.

7.6 Any complaints as to the moisture content of Flooring Products must be made to us within 72 hours of delivery and followed up in writing by you within 72 hours after we have been initially informed. However, it is your responsibility to know the relevant moisture content of the Flooring Products you have ordered so that you are able to store them correctly following delivery. If you have any queries, please ask us.

7.7 Thr sizes of samples of Flooring Products are commonly available; they are small hand samples, mini panels and large control sample panels. We recommend that, prior to submitting your Order, you obtain from us a large control sample panel of the Flooring Product that you intend to order. We do not guarantee that any samples will give you an accurate reflection of the Flooring Products if you were to place an order for them and have them installed, due to variations between individual boards as set out in this Clause 7, although a large control sample panel will give a better reflection than a hand sample. Subject to Clause 12.1, we shall not have any liability if any of the Flooring Products vary from any samples that we supply to you in respect of those Flooring Products, and you acknowledge in signing the Order that you have not relied on that sample in making a decision to order the Flooring Products from us.

7.8 Any photographs of the Products that appear on our website from time to time are not an accurate reflection of the Products. Subject to Clause 12.1, we shall not have any liability if any of the Products vary from any such photographs, and you acknowledge in signing the Order, paying the deposit, and agreeing to our terms, that you have not relied on such photographs in making a decision to order the Products from us.

7.9 Lipping between wood pieces and gapping between wood pieces can be seen as an intentional design feature of certain Flooring Products. You are able to ascertain the presence of lips by requesting or purchasing a large control sample panel; lips on large control sample panels are accurate to a 1mm to 2mm in height tolerance. If we install the Flooring Products, we accept responsibility for ensuring that any lips are softened and do not form a potential trip hazard, meaning the lips are over 4mm in height. If we do not install the Flooring Products, subject to Clause 12.1, we shall not have any liability for any trip hazards, gaps or lips that appear in or on the installed Flooring Products. If we install the floor, and it has not been instructed by yourselves that zero gapping is required, then it is accepted than 1-2mm gapping is acceptable in random areas of the floor. For reclaimed Flooring Products, 1-3mm gapping is acceptable in random areas, for all gaps between wood pieces above 3mm and less than 8mm, in random areas, it is accepted that filler will be used as a decorative feature to fill these larger gaps. It should be noted that when we install reclaimed wood over underfloor heating unless otherwise requested by our customers, 1-3mm gapping between wood pieces is acceptable and these gaps will appear in random places over time as the wood contracts due to the underfloor heat source. If zero gapping is a requirement, it is your responsibility to ensure that this is requested when purchasing your flooring, with or without our installation services.

8. Delivery of the Products

8.1 Each delivery of the Products may be accompanied by a delivery note which may show the date of the Order, all relevant reference numbers, the Specification, special storage instructions (if any) and, if the Products are being delivered by instalments, the outstanding balance of Products remaining to be delivered. However, not all deliveries are accompanied with a delivery note.

8.2 We shall ensure that, if we require you to return any packaging materials to us, we clearly inform you of that requirement. You shall make any such packaging materials available for collection at such times as we shall reasonably request. Returns of packaging materials shall be at our expense.

8.3 Unless we and you agree otherwise in writing, we shall deliver the Products to you at the address set out in the Order (“Delivery Location”) within the timeframe set out in the Order.

8.4 It is your responsibility to ensure that our delivery vehicle is able to access the Delivery Location to deliver the Products, including assuring that the access routes are of a sufficient size for the delivery vehicle and that there is space for the delivery vehicle to stop at the kerb-side outside the Delivery Location. If you have any concerns in this respect, you should contact us as soon as possible.

8.5 Unless we are providing Services that include the installation of the Products, we will deliver the Products to the kerb-side at the nearest access point for our delivery vehicle to the Delivery Location. It is your responsibility to transport the Products from the kerb-side once the Products have been unloaded from the delivery vehicle unless we agree otherwise in writing, in which instance we may charge additional Fees for such transportation and insurance for our workers who undertake such actions.

8.6 We cannot leave Products at the Delivery Location if you, or someone you have authorised to accept delivery, is not present to accept delivery. Anyone at the delivery address will be deemed to be authorised to accept delivery.

8.7 Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. Subject to Clause 12.1, we shall not have any liability for any delay in delivery of the Products that is caused by an Event Outside Our Control or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Products.

8.8 If you are not available to take delivery of the Products, we may leave instructions to arrange redelivery. We may also pass on to you any costs incurred by us as a consequence of no-one being available to take delivery.

8.9 If delivery of the Products is delayed by your unreasonable refusal to accept delivery, if you are not at the Delivery Location on the delivery date that we agree with you, if you refuse to sign for the delivery of the Products on delivery or if you do not (within two weeks of our first attempt to deliver the Products to you) accept delivery, then we may (without prejudice to any other right or remedy available to us) charge you for our reasonable storage fee and other costs reasonably incurred by us, including redelivery costs.

8.10 We may deliver the Products by instalments, which we may invoice and require payment for separately. Any delay in delivery or defect in an instalment shall not entitle you to cancel any other instalment.

8.11 Risk in the Products shall pass to you on completion of delivery.

9. Storage, installation and use

9.1 If we are not providing installation services for the Flooring Products, we recommend that you make arrangements for the installation only once you have received delivery of the Flooring Products. On request, we may provide advice in respect of installation of the Flooring Products by a third party instructed by you, but, subject to Clause 12.1, we shall not have any liability for any failure by the third party installer to comply with that advice or for any other action or omission of that third party installer.

9.2 Following delivery of the Flooring Products and prior to installation, you should store the Flooring Products in the same environment to that into which the Flooring Products are to be installed. As such, the Flooring Products should be stored on the same floor and, if possible, in the same room where they are to be installed to allow the Flooring Products to acclimatise prior to installation. In any event, you should store all Flooring Products in accordance with British Standard Institute recommendations, unless we advise you otherwise. We recommend that you contact The British Standard Institute for further information or speak to an appropriately qualified flooring installer who will be able to advise you how best to store the Flooring Products prior to installation. We may also be able to provide relevant storage information or contact details for someone to speak to on request.

9.3 Due to the period of time that the Flooring Products require to acclimatise to new environments, where we agree to install the Flooring Products under this Contract, we will never install Flooring Products on the same day as we deliver them; rather, we will agree an installation date with you which allows for such acclimatisation period to take place. We shall not have any liability (subject to Clause 12.1) for the consequences of any failure by you to store the Flooring Products in accordance with this Contract and any other instructions we give to you from time to time.

9.4 Where we agree to install the Flooring Products, we will inform you prior to the installation date as to how to prepare the relevant premises for installation and any precautions that you should take prior to installation taking place, to ensure that the Flooring Products are appropriate protected and that we are able to undertake installation as easily as possible. We shall not have any liability (subject to Clause 12.1) for the consequences of any failure by you to comply with such instructions and, if we are unable to install the Flooring Products due to such failure by you, we shall be entitled to charge you for our time and such fees and costs that we incur as a result of your failure, including any costs we incur in revisiting your premises to install the Flooring Products in future.

9.5 We cannot guarantee the durability or finish of the Flooring Products as this will be dependent on the environment in which they are installed and the level of traffic using them. Colour variation on the Flooring Products may also occur over time due to sunlight and other conditions in the environment in which the Products are installed. On request, we may be able to offer advice in respect of the finishing oils and lacquers used to finish the Flooring Products in order to assist with maintenance and care.

9.6 We are able to offer advice on the installation of the Flooring Products over underfloor heating systems, and aftercare, on request, but we recommend that you also contact your underfloor heating supplier for more information and check our website, which contains useful information on this issue.

10. Your obligations

10.1 You shall:

10.1.1 be present and available at the Delivery Location at the required times to enable us to perform our obligations at the times we reasonably require under this Contract;

10.1.2 sign a confirmatory note upon any of the Services (in whole or in part) having taken place, or any of the Products having been delivered, if we reasonably require you to do so;

10.1.3 co-operate with us and our employees, agents and subcontractors and to enable us to promptly perform our obligations under this Contract;

10.1.4 promptly provide to us such information and assistance that will enable us to carry out fully, accurately and promptly our obligations under this Contract to the best of our ability; and

10.1.5 comply with all applicable laws, statutes, regulations and bye-laws in relation to the exercise of your rights and performance of your obligations under this Contract.

10.2 It is your responsibility to ensure that the Services and the Products are sufficient and suitable for your purposes and meet your individual requirements.

11. Fees

11.1 In consideration of obtaining the relevant Products and Services we provide pursuant to this Contract, you shall pay to us the relevant Fees.

11.2 The Fees shall be as set out in the Order.

11.3 You shall pay the Fees to us at such times and in such instalments as we may direct from time to time. Unless set out otherwise in this Contract, we may issue invoices to you for the Fees at such intervals as we may, in our absolute discretion, consider appropriate.

11.4 Unless otherwise set out in the Order, all sums due under this Contract are exclusive of VAT or other sales, import or export duties or taxes (if applicable) which shall be payable in addition at the same time as payment of any sums due.

11.5 We will not deliver any Products until we have received payment of the Fees in full.

11.6 You shall pay us by any payment method that we may reasonably stipulate from time to time. No payment shall be considered paid until we have received it in cleared funds in full.

11.7 Payment shall be in the currency in force in England from time to time or such other currency as we may reasonably stipulate from time to time for the Fees.

11.8 We reserve the right to increase the Fees in respect of any Services or Products not included in the Order which we may agree, in our absolute discretion, to provide to you in addition to those Services and Products set out in the Order.

11.9 We reserve the right to increase the Fees in respect of any Products, by giving notice to you at any time before delivery, to reflect any increase in the cost of the Products to us that is due to:

11.9.1 any request by you to change the delivery date(s) or specification of Products ordered;

11.9.2 any delay caused by your instructions in respect of the Products or your failure to give us adequate or accurate information or instructions in respect of the Products.

11.10 If you are late in paying any part of any monies due to us under this Contract and such payment remains outstanding for seven days following us providing notice to you of such outstanding payment, we may (without prejudice to any other right or remedy available to us whether under this Contract or by any statute, regulation or bye-law) do any or all of the following:

11.10.1 charge interest and other costs on the overdue amount due but unpaid at the annual rate of 3% above the Bank of England’s base rate from time to time from the due date until payment (after as well as before judgment), such interest to run from day to day and to be compounded monthly;

11.10.2 recover our costs and expenses and charges (including legal and debt collection fees and costs) in collecting the late payment;

11.10.3 sell or otherwise dispose of any Products which are the subject of the relevant Order and apply the proceeds of sale to the overdue payment; and

11.10.4 suspend performance of this Contract until payment in full has been made.

12. Limitation of liability

12.1 We do not exclude or limit in any way our liability for:

12.1.1 death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;

12.1.2 fraud or fraudulent misrepresentation;

12.1.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);

12.1.4 breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples);

12.1.5 defective products under the Consumer Protection Act 1987; and/or

12.1.6 any other liability that cannot be limited or excluded at law.

12.2 If we fail to comply with this Contract, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of this Contract or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into this Contract.

12.3 If we are installing the Products in your property, we will make good any damage to your property caused by us in the course of installation or performance. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover in the course of installation and/or performance by us.

12.4 We only supply the Products for domestic and private use. You agree not to use the Products for any commercial, business or re-sale purpose, and, subject to Clause 12.1, we shall have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

13. Your rights to cancel and applicable refund if you signed your Order in-store

13.1 Subject to Clause 13.2, once we and you have entered into this Contract, and before the Products are delivered, you have the right to cancel your order for the Products (other than Bespoke Products), including where you choose to cancel because we are affected by an Event Outside Our Control, in accordance with the following provisions:

13.1.1 You may cancel this Contract within two days of us and you entering into this Contract by contacting us. We will confirm your cancellation in writing to you.

13.1.2 If you cancel this Contract under Clause 13.1.1 and you have made any payment in advance for Products that have not been delivered to you, we will refund these amounts to you.

13.1.3 Unfortunately, if you cancel this Contract under Clause 13.1.1 and we have already despatched your Products to you, we will not be able to cancel this Contract until it is delivered. In this case, if you return the Products to us, we will have to charge you the cost of collection or you will have to pay the cost of returning the Products back to us. This will not affect your refund for the Products, but any charge for collection will be deducted from the refund that is due to you.

13.2 Unfortunately, as Bespoke Products are made to your requirements, you will not be able to cancel this Contract once made in so far as it relates to Bespoke Products (but this will not affect your legal rights as a consumer in relation to Bespoke Products that are faulty or not as described).

14. Your rights to cancel and applicable refund if you made your Order by telephone

14.1 If you did not sign your Order in-store, you have a legal right to cancel this Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in Clause 14.3. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel this Contract and receive a refund. Advice about your legal right to cancel this Contract is available from your local Citizens’ Advice Bureau or Trading Standards office.

14.2 The cancellation right set out in this Clause 14 does not apply in the case of Bespoke Products.

14.3 Your legal right to cancel this Contract starts from the date on which you signed the Order, which is when the Contract between us and you is formed. Your deadline for cancelling this Contract 14 days after the day on which you receive the Products (or, if delivered in instalments, 14 days after the day on which you receive the last instalment of the Products).

14.4 To cancel this Contract, you just need to let us know that you have decided to cancel. You can e-mail us at [email protected] or contact our Customer Services team by telephone on +44 (0) 207 250 1108 or by post to 64 Clerkenwell Road, London Ec1m 5px, UK. If you are e-mailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day.

14.5 If you cancel this Contract we will:

14.5.1 refund you the Products Fees you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the Products, if this has been caused by your handling them in a way which would not be permitted in a shop;

14.5.2 refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method); and

14.5.3 make any refunds due to you as soon as possible and in any event within the deadlines indicated below:

(a) if you have received the Products and we have not offered to collect it from you: 14 days after the day on which we receive the Products back from you or, if earlier, the day on which you provide us with evidence that you have sent the Products back to us. For information about how to return the Products to us, see Clause 14.8;

(b) if you have not received the Products or you have received them and we have offered to collect them from you: 14 days after you inform us of your decision to cancel this Contract.

14.6 If you have returned the Products to us under this Clause 14 because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.

14.7 We will refund you on the credit card or debit card used by you to pay the Fees.

14.8 If the Products have been delivered to you before you decide to cancel this Contract:

(a) then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel this Contract. You can either send it back or hand it to our authorised carrier. If we have offered to collect the Product from you, we will collect the Products from the address to which they were delivered. We will contact you to arrange a suitable time for collection; and

(b) unless the Products are faulty or not as described (in this case, see Clause 14.6), you will be responsible for the cost of returning the Products to us. We estimate that if you use the carrier which delivered the Products to you, these costs should not exceed the sums we charged you for delivery. If we have offered to collect the Products from you, we will charge you the direct cost to us of collection.

14.9 As you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this Clause 14 or anything else in this Contract. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.

15. Our rights to cancel and applicable refund

15.1 We may have to cancel this Contract before the Products are delivered, due to an Event Outside Our Control or the unavailability of stock. We will promptly contact you if this happens.

15.2 If we have to cancel an Order under Clause 15.1 and you have made any payment in advance for Products that have not been delivered to you, we will refund these amounts to you.

15.3 Where we have already started work on Bespoke Products by the time we have to cancel under Clause 15.1, we will not charge you anything and you will not have to make any payment to us.

16. Other rights of termination

16.1 Either us or you may terminate this Contract immediately by notice in writing to the other if:

16.1.1 the other Party is in material breach of any of its obligations under this Contract, and, where such material breach is capable of remedy, the other Party fails to remedy such breach within a period of 10 Business Days of being notified of such breach by the non-breaching Party; and/or

16.1.2 the other Party gives notice to any of its creditors that it has suspended or is about to suspend payment or if it shall be unable to pay its debts within the meaning of Section 123 of the Insolvency Act 1986, or an order is made or a resolution is passed for the winding-up of the other Party or an administration order is made or an administrator is appointed to manage the affairs, business and property of the other Party or a receiver and/or manager or administrative receiver is appointed in respect of all or any of the other Party’s assets or undertaking or circumstances arise which entitle the court or a creditor to appoint a receiver and/or manager or administrative receiver or administrator or which entitle the court to make a winding-up or bankruptcy order or the other Party takes or suffers any similar or analogous action in consequence of debt in any jurisdiction.

16.2 Termination of this Contract shall be without prejudice to any accrued rights or remedies of either us or you.

16.3 Termination of this Contract shall not affect the coming into force, or continuance in force, of any provision which is expressly or by implication intended to come into or continue in force on or after such termination.

16.4 On termination of this Contract for any reason, we shall cease to provide the Products and Services under this Contract.

17. Events Outside Our Control

17.1 Subject to Clause 12.1, we will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Contract that is caused by an Event Outside Our Control.

17.2 An “Event Outside Our Control” means any act or event beyond Our reasonable control, including strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.

17.3 If an Event Outside Our Control takes place that affects the performance of our obligations under this Contract:

17.3.1 we will contact you as soon as reasonably possible to notify you; and

17.3.2 our obligations under this Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

17.4 You may cancel the contract if an Event Outside Our Control takes place and you no longer wish us to provide the Products. Please see your cancellation rights under Clause 13. We will only cancel the contract if the Event Outside Our Control continues for longer than [NUMBER] weeks in accordance with our cancellation rights in Clause 13.

18. How we may use your personal information

18.1 We will use the personal information you provide to us to:

18.1.1 provide the Products; and

18.1.2 process your payment for the Products.

18.2 You agree that we may pass your personal information to credit reference agencies and that they may keep a record of any search that they do. We will not give your personal data to any other third party.

19. How to contact us

19.1 If you have any questions or if you have any complaints, please contact us. You can contact us by telephoning our customer service team at +44 (0) 207 250 1108 or by e-mailing us at [email protected].

19.2 If you wish to contact us in writing, or if any provision of this Contract requires you to give us notice in writing (for example, to cancel this Contract), you can send this to us by e-mail, by hand, or by pre-paid post to The Reclaimed Flooring Company Ltd at 64 Clerkenwell Road, London Ec1M 5PX. We will confirm receipt of your correspondence by contacting you in writing. If we have to contact you or give you notice in writing, we will do so by e-mail, by hand, or by pre-paid post to the address you provide to us when we and you enter into this Contract.

20. Assignment

You may not assign, transfer, charge or otherwise encumber, create any trust over, or deal in any manner with, this Contract or any right, benefit or interest under it, nor transfer, novate or sub-contract any of your obligations under it, without our prior written consent (such consent not to be unreasonably withheld or delayed).

21. Severance.

21.1 If any court or competent authority finds that any provision of this Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this Contract shall not be affected.

21.2 If any invalid, unenforceable or illegal provision of this Contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.

22. Waiver

A waiver of any right or remedy under this Contract 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 us or you to exercise any right or remedy provided under this Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.

23. Third party rights

A person who is not us or you shall not have any rights under or in connection with this Contract.

24. Variation

Subject to Clause 3, this Contract may not be varied except by a written document signed by or on behalf of each of us and you.

25. Governing law and jurisdiction

25.1 This 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 laws of England.

Each of us and you submit to the exclusive jurisdiction of the English courts to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation, except where, by law, such dispute or claim must be brought in the jurisdiction in which you are domiciled, or where the relevant law contains mandatory provisions that override such exclusive jurisdiction.

TERMS AND CONDITIONS OF THE RECLAIMED FLOORING COMPANY LTD

BUSINESS TO BUSINESS

(these “Terms and Conditions”)

1. Definitions

In this Agreement:

1.1 the following terms shall have the following meanings unless the context otherwise requires:

“Accessories”	any accessories supplied or to be supplied by us to you pursuant to this Agreement, as more particularly identified in the Order and which may include paint and furniture;
“Agreement”	these Terms and Conditions together with the Order and any document referred to in these Terms and Conditions or the Order;
“Breach of Duty”	the breach of any: (i) obligation arising from the express or implied terms of a contract to take reasonable care or exercise reasonable skill in the performance of the contract; or (ii) common law duty to take reasonable care or exercise reasonable skill (but not any stricter duty);
“Business Day”	any day other than: (i) a Saturday; (ii) a Sunday; or (iii) a day when the clearing banks in the City of London are not physically open for business;
“Confidential Information”	any information in any form or medium obtained by or on behalf of either Party from or on behalf of the other Party in relation to this Agreement which is expressly marked as confidential or which a reasonable person would consider to be confidential, whether disclosed or obtained before, on or after the date of this Agreement, together with any reproductions of such information or any part of it;
“Customer”, “you” or “your”	the purchaser of products and/or services under this Agreement, as stipulated in the Order;
“Delivery Location”	has the meaning given to it in Clause 6.2;
“Event of Force Majeure”	has the meaning given to it in Clause 14.1;
“Fees”	the Product Fees and the Services Fees;
“Flooring Products”	the flooring products supplied or to be supplied by us to you pursuant to this Agreement, as more particularly identified in the Order;
“Liability”	liability in or for breach of contract, Breach of Duty, torts (including negligence and intentional torts), deliberate breach (including deliberate personal repudiatory breach), misrepresentation, restitution or any other cause of action whatsoever relating to or arising under or in connection with this Agreement, including liability expressly provided for under this Agreement or arising by reason of the invalidity or unenforceability of any term of this Agreement (and, for the purposes of this definition, all references to “this Agreement” shall be deemed to include any collateral contract);
“Order”	the order submitted by you to us to purchase products and/or services from us either in-store or by telephone;
“Party”	us or you, and “Parties” means both of us and you;
“Products”	the Flooring Products and the Accessories;
“Product Fees”	the fees payable by you to us for the supply by us to you of the Products, as stipulated in the Order;
“Services”	the services we are to provide to you under this Agreement, as may be stipulated in the Order (and which may include installation services relating to the Products);
“Services Fees”	the fees payable by you to us for the provision of the Services, as may be stipulated in the Order; and
“Specification”	the specification of the Products you order from us, as stipulated in the Order;

1.2 references to “Clauses” are to clauses of these Terms and Conditions;

1.3 the headings are inserted for convenience only and shall not affect the construction or interpretation of this Agreement;

1.4 a “person” includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);

1.5 a reference to a Party includes its personal representatives, successors or permitted assigns;

1.6 words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include the other gender and the neutral and references to persons shall include an individual, company, corporation, firm, partnership, trust, association, government or local authority department or other authority or body (whether corporate or unincorporated);

1.7 a reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted;

1.8 any phrase introduced by the terms “including”, “include”, “in particular” or any similar expression, shall be construed as illustrative and shall not limit the sense of the words preceding those terms; and

1.9 a reference to “writing” or “written” includes in electronic form and similar means of communication (except under Clause 15).

2. Agreement

2.1 The terms of this Agreement apply to the exclusion of any terms and conditions submitted, proposed or stipulated by you in whatever form and at whatever time. These Terms and Conditions apply to all Products and Services.

2.2 Save as expressly provided in this Agreement, this Agreement shall operate to the entire exclusion of any other agreement, understanding or arrangement of any kind between the Parties preceding the date of this Agreement and in any way relating to the subject matter of this Agreement and to the exclusion of any representations not expressly stated in this Agreement except for any fraudulent misrepresentations or any misrepresentation as to a fundamental matter. Each of the Parties acknowledges that it has not entered into this Agreement based on any representation that is not expressly incorporated into this Agreement.

2.3 This Agreement constitutes the whole agreement and understanding of the Parties as to the subject matter of this Agreement and there are no provisions, terms, conditions or obligations, whether oral or written, express or implied, other than those contained or referred to in this Agreement.

2.4 Any Order provided by you to us must be in the form we require from time to time. You may place an Order by telephone or in-store. When making an Order, you must:

2.4.1 if placing the Order by telephone, provide the necessary details requested by our sales team; or

2.4.2 if placing the Order in-store, fill in and sign the written Order that our sales team provides to you.

2.5 This Agreement shall be legally formed and the Parties shall be legally bound when:

2.5.1 if you make the Order by telephone, when our sales team expressly tells you that we have accepted your Order; and

2.5.2 if you make the Order in-store, we have signed an Order that has been signed by you.

Signature by you, or the making by you by telephone, of an Order shall be deemed to be an offer by you to obtain Products and Services (as specified in the Order) from us, subject to the provisions of these Terms and Conditions, and our counter-signature on the relevant Order or acceptance of the Order by telephone shall be considered acceptance of such offer, but the requirements for us to perform any of our obligations under this Agreement shall be conditional upon our receipt from you of any advance payment of Fees as required under this Agreement.

2.6 If you provide to us a purchase order for your receipt of Products and/or Services other than as set out in Clause 2.4, that purchase order (and any terms and conditions attached or referred to in it) shall be purely for your administrative purposes and shall not form part of this Agreement.

2.7 In the event of a conflict between these Terms and Conditions and the Order, then the Order shall prevail over these Terms and Conditions.

3. Services

3.1 We warrant that:

3.1.1 we shall use our reasonable skill and care in providing the Services;

3.1.2 our employees, agents and subcontractors have the necessary skill to provide any Services;

3.1.3 any Services will be provided in a professional, competent and workmanlike manner;

3.1.4 we have all necessary consents, rights and permission to enter into, and perform our obligations under, this Agreement;

3.1.5 we shall ensure that our employees, agents and subcontractors co-operate with, and make themselves available at all reasonable times for, discussion and meetings with, you and your employees, agents or subcontractors;

3.1.6 where necessary, we shall provide the Services at your premises as set out in the Order;

3.1.7 we shall use our reasonable endeavours to ensure that whilst our employees, agents and subcontractors are on your premises they conform to your normal codes of staff and security practice as are advised to them in advance by you; and

3.1.8 we shall comply with all applicable laws, statutes, regulations and bye-laws in relation to the exercise of our rights and performance of our obligations under this Agreement.

3.2 We do not warrant that the Services will meet your individual requirements. We are not responsible for any people, equipment, deliverables or services that we are not expressly stipulated to provide in this Agreement. You are responsible for any people, equipment, deliverables and services that you need to obtain from someone other than us. Except for any matter in relation to which we specifically agree in writing to advise or do, we shall not be responsible, or have any Liability (subject to Clause 12.2) for advising on, or failing to advise on, or doing, or failing to do, anything else.

3.3 Subject to us performing the Services within any timeframe agreed as being necessary for the performance of the Services, we may select our own working times and location provided that the nature of particular services does not require those particular services to be undertaken during particular working times or at a particular location (in which situation you shall be entitled to request that we perform the Services at such working times and location as are reasonable in the circumstances). For the avoidance of doubt, where we have agreed to install the Flooring Products under this Agreement, we will never install the Flooring Products on the same day as delivery, in accordance with Clause 7.2.

3.4 We shall use our reasonable endeavours to perform our obligations under this Agreement within any timescales set out in this Agreement. However, subject to Clause 12.2, we shall not have any Liability for any delays or failures to accurately perform our obligations:

3.4.1 if we have used those endeavours; or

3.4.2 if caused by any failure or delay on your part or on the part of your employees, agents or subcontractors or by any breach by you of this Agreement or any other agreement.

3.5 If we are delayed or hindered in providing any Services as a result of any breach, delay or failure by you to perform any of your obligations under this Agreement or of any other agreement between us and you, then we may charge you at our time and materials rates from time to time for:

3.5.1 any time reasonably incurred as a result of the hindrance or breach (including any wasted time for which we had anticipated that our personnel would provide Services under this Agreement but become unable to provide the Services at that time as a result of your act or omission); and

3.5.2 any time that we were going to spend in providing the Services, in addition to the time we actually do spend in providing the Services.

3.6 Except as specifically stipulated in this Agreement, we shall not be responsible for providing or achieving any particular results or outcomes or within a particular time.

3.7 Except where expressly stated in this Agreement, we exclude all conditions, warranties, terms and obligations, whether express or implied by statute, common law or otherwise, to the fullest extent permitted by law in respect of the Products and the Services.

4. Warranty

4.1 We warrant that:

4.1.1 on delivery, the Products shall be free from material defects (which, in respect of Flooring Products, affect the overall quality and appearance of the Products once installed); and

4.1.2 only in respect of Flooring Products that have been engineered (and we will advise you whether or not this applies when you submit your Order to us), the Products shall not delaminate in the 12 months following delivery.

Please note that these guarantees do not apply in the circumstances described in Clause 4.3. If any Products do not conform to the warranties given in this Clause 4.1 (where such warranties are applicable), we shall, at our option, replace or repair, or repay an appropriate portion of the Product Fees in respect of, or provide a credit note in respect of a reasonable part of, the relevant Products.

4.2 You will check the Products for obvious defects and/or damage on delivery. We shall, at our option, replace repair or provide a refund for Products that are lost or damaged in transit to the place of delivery. Subject to Clause 12.2, we shall not have any Liability for loss of, or damage to, Products in transit or on delivery to the point of delivery unless you inform us (and the carrier, if applicable) in writing within seven days:

4.2.1 after the expected date of delivery or receipt that you have not received the correct Products at all or in full; or

4.2.2 after receipt that the Products have any damage as would be obvious from such inspection as we would reasonably expect;

and also unless you provide us with our delivery note number and such other information or documentation as we may reasonably require at the same time as the notice.

4.3 Our Liability for defective or damaged Products is subject to:

4.3.1 you informing us in writing of any claim promptly on discovery of the defect or damage together with reasonable details of the way in which such defect or damage was caused and how the Products do not conform with this Agreement;

4.3.2 you providing us with our delivery note number and such other information as we may reasonably require;

4.3.3 where the Products have already been installed (if applicable), you showing us that the Products have been installed correctly;

4.3.4 you showing to us to our reasonable satisfaction that there is a defect or damage and that the defect or damage is solely attributable to our (or our supplier’s) defective design, materials or workmanship in respect of the Products and not:

(a) wear or tear from normal use;

(b)the Product being a natural product with unique character variations; or

(c) the combination, incompatibility, attachment, affixation or incorporation of the Products with any other goods, products, materials or substances;

4.3.5 the Products having not been:

(a) misused or subjected to neglect, improper or inadequate care or carelessness; or

(b)involved in any accident or attempt at repair, replacement, alteration, change or modification except by us or on our behalf or as approved by us; or

(c) dealt with or used or stored contrary to good trade practice or any oral or written instructions, advice or recommendation of us;

4.3.6 you having paid for the Products in full;

4.3.7 you holding the Products safely and securely in good conditions; and

4.3.8 you allowing and procuring for us the opportunity to have access to and inspect the Products and, on our reasonable request, having the Products returned to us.

4.4 If you are of the opinion that the Products are defective or damaged, you shall not install (if applicable) the Products without our prior approval, and you shall store the Products in accordance with our instructions until we have dealt with your claim. In the event that you proceed with installation in such circumstances without our consent, we shall not have any Liability (subject to Clause 12.2) for such defect or damage.

4.5 The warranty set out in this Clause 4 is restricted to you, and no warranty is made to any other person, whether subsequent buyer or user or customer, or to any bailee, licensee, assignee, employee, agent or otherwise.

4.6 If you make an invalid claim under the warranty set out in this Clause 4, we may charge you for our fees and costs of dealing with that claim, including examining (and travelling in order to examine), storing, repairing or replacing the Products.

5. Products

5.1 You acknowledge that, as wood is a natural product, each section of a Flooring Product (including each sample) is unique and no two sections of a Flooring Product will be the same.

5.2 All solid wood board Flooring Products are accurate in size to between approximately 0.1% to 1% of their width due to blades blunting while machining and board acclimatisation. This is to be seen as an added characteristic of the natural material and not a defect; we recommend that you buy new engineered flooring if you consider this variation to be a concern. Subject to Clause 12.1, we shall not have any liability for any such variations in size of solid wood board, overlay wood boards or on-site or off-site custom-made engineered board which are Flooring Products. These are considered to be unique characteristics of the Flooring Products and will not be considered a breach of the warranty in 4.

5.3 All grades of wood used in the Products may contain knots, shakes, worm holes, sap wood and colour variation of different amounts. We recommend that, prior to submitting your Order, you ask us for more information about the grading of the particular Products that you are interested in ordering, and the required storage conditions for those Products following delivery and prior to installation.

5.4 Some batches of reclaimed timber Flooring Products will require cleaning and some batches will be supplied with more surface and material contamination than others. Stock of reclaimed wood Flooring Products changes throughout the year, and no batch of wood will be identical to the next. Reclaimed Flooring Products will vary in colour, wood grain, wood characteristics, straightness and thickness. Reclaimed Flooring Products stock may require de-nailing, grading, cleaning and re-machining before fitting, depending on the Flooring Product you have ordered. We have zero liability for any damage that maybe caused by wood infestations such as woodworm or beetles, even if our wood is pre-treated by kiln drying or fumigation, we cannot guarantee that the inside of the wood will be 100% free from any such, natural infestations within the wood or on the surface of the wood. All of this is standard and expected practice with genuine reclaimed wood Flooring Products and we shall have not liability, subject to Clause 12.1, for any variations in the Flooring Products and from board to board at any time, including following installation..

5.5 The moisture content of new wood in the Flooring Products has been produced in accordance with British Standards Institute recommendations unless we agree otherwise in writing. The moisture content of reclaimed wood Flooring Products will only be produced in accordance with British Standards Institute where we specifically state this to be the case at the point of purchase. If we make no mention of British Standards Institute moisture recommendations, we recommend that you request the relevant moisture content information if required. Some of our reclaimed wood stock is seasoned timber and therefore does not need kiln drying in accordance with British Standards Institute recommendations. Where the Flooring Products you purchase have been in our storage warehouse for some time, we will use our reasonable endeavours to ensure that they are stored at the correct moisture level; however, due to changes in the weather over time, resulting in increased or decreased dampness, we cannot guarantee that the correct moisture level has been maintained for Flooring Products prior to delivery.

5.6 Any complaints as to the moisture content of Flooring Products must be made to us within 72 hours of delivery and followed up in writing by you within 72 hours after we have been initially informed. However, it is your responsibility to know the relevant moisture content of the Flooring Products you have ordered so that you are able to store it correctly following delivery. If you have any queries, please ask us.

5.7 Two sizes of samples of Flooring Products are available; small hand samples and large control sample panels. We recommend that, prior to submitting your Order, you obtain from us a large control sample panel of the Flooring Product that you intend to order. We do not guarantee that any samples will give you an accurate reflection of the Flooring Products if you were to place an order for them and have them installed, due to variations between individual boards as set out in this Clause 5, although a large control sample panel will give a better reflection than a hand sample. Subject to Clause 12.2, we shall not have any Liability if any of the Flooring Products vary from any samples that we supply to you in respect of those Flooring Products, and you acknowledge in signing the Order that you have not relied on that sample in making a decision to order the Flooring Products from us.

5.8 Any photographs of the Products that appear on our website from time to time are not an accurate reflects of the Products. Subject to Clause 12.2, we shall not have any Liability if any of the Products vary from any such photographs, and you acknowledge in signing the Order that you have not relied on such photographs in making a decision to order the Products from us.

5.9 Lips are a feature of certain Flooring Products, and you are able to ascertain the presence of lips by asking us or by ordering a large control sample panel; lips on large control sample panels are accurate to 1mm to 2mm in height. If we install the Flooring Products, we accept responsibility for ensuring that lips do not form a potential trip hazard, meaning the lips are over 4mm in height. If we do not install the Flooring Products, subject to Clause 12.2, we shall not have any Liability for any trip hazards, gaps or lips that appear in or on the installed Flooring Products.

6. Delivery of the Products

6.1 Each delivery of the Products may be accompanied by a delivery note which may show the date of the Order, all relevant reference numbers, the Specification, special storage instructions (if any) and, if the Products are being delivered by instalments, the outstanding balance of Products remaining to be delivered. However, not all deliveries are accompanied with a delivery note.

6.2 We shall ensure that, if we require you to return any packaging materials to us, we clearly inform you of that requirement. You shall make any such packaging materials available for collection at such times as we shall reasonably request. Returns of packaging materials shall be at our expense.

6.3 Unless we and you agree otherwise in writing, we shall deliver the Products to you at the address set out in the Order (“Delivery Location”) within the timeframe set out in the Order.

6.4 It is your responsibility to ensure that our delivery vehicle is able to access the Delivery Location to deliver the Products, including assuring that the access routes are of a sufficient size for the delivery vehicle and that there is space for the delivery vehicle to stop at the kerb-side outside the Delivery Location. If you have any concerns in this respect, you should contact us as soon as possible.

6.5 Unless we are providing Services that include the installation of the Products, we will deliver the Products to the kerb-side at the nearest access point for our delivery vehicle to the Delivery Location. It is your responsibility to transport the Products from the kerb-side once the Products have been unloaded from the delivery vehicle unless we agree otherwise in writing, in which instance we may charge additional Fees for such transportation and insurance for our workers who undertake such actions.

6.6 We cannot leave Products at the Delivery Location if you, or someone you have authorised to accept delivery, is not present to accept delivery. Anyone at the delivery address will be deemed to be authorised to accept delivery.

6.7 Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. Subject to Clause 12.2, we shall not have any Liability for any delay in delivery of the Products that is caused by an Event of Force Majeure or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Products.

6.8 If you are not available to take delivery of the Products, we may leave instructions to arrange redelivery. We may also pass on to you any costs incurred by us as a consequence of no-one being available to take delivery.

6.9 If delivery of the Products is delayed by your unreasonable refusal to accept delivery, if you are not at the Delivery Location on the delivery date that we agree with you, if you refuse to sign for the delivery of the Products on delivery or if you do not (within two weeks of our first attempt to deliver the Products to you) accept delivery, then we may (without prejudice to any other right or remedy available to us) charge you for our reasonable storage fee and other costs reasonably incurred by us, including redelivery costs.

6.10 We may deliver the Products by instalments, which we may invoice and require payment for separately. Any delay in delivery or defect in an instalment shall not entitle you to cancel any other instalment.

6.11 Risk in the Products shall pass to you on completion of delivery.

7. Storage, installation and use

7.1 If we are not providing installation services for the Flooring Products, we recommend that you make arrangements for the installation only once you have received delivery of the Flooring Products. On request, we may provide advice in respect of installation of the Flooring Products by a third party instructed by you, but, subject to Clause 12.2, we shall not have any Liability for any failure by the third party installer to comply with that advice or for any other action or omission of that third party installer.

7.2 Following delivery of the Flooring Products and prior to installation, you should store the Flooring Products in the same environment to that into which the Flooring Products are to be installed. As such, the Flooring Products should be stored on the same floor and, if possible, in the same room where they are to be installed to allow the Flooring Products to acclimatise prior to installation. In any event, you should store all Flooring Products in accordance with British Standard Institute recommendations, unless we advise you otherwise. We recommend that you contact The British Standard Institute for further information or speak to an appropriately qualified flooring installer who will be able to advise you how best to store the Flooring Products prior to installation. We may also be able to provide relevant storage information or contact details for someone to speak to on request.

7.3 Due to the period of time that the Flooring Products require to acclimatise to new environments, where we agree to install the Flooring Products under this Agreement, we will never install Flooring Products on the same day as we deliver them; rather, we will agree an installation date with you which allows for such acclimatisation period to take place. We shall not have any Liability (subject to Clause 12.2) for the consequences of any failure by you to store the Flooring Products in accordance with this Agreement and any other instructions we give to you from time to time.

7.4 Where we agree to install the Flooring Products, we will inform you prior to the installation date as to how to prepare the relevant premises for installation and any precautions that you should take prior to installation taking place, to ensure that the Flooring Products are appropriate protected and that we are able to undertake installation as easily as possible. We shall not have any Liability (subject to Clause 12.2) for the consequences of any failure by you to comply with such instructions and, if we are unable to install the Flooring Products due to such failure by you, we shall be entitled to charge you for our time and such fees and costs that we incur as a result of your failure, including any costs we incur in revisiting your premises to install the Flooring Products in future.

7.5 We cannot guarantee the durability or finish of the Flooring Products as this will be dependent on the environment in which they are installed and the level of traffic using them. Colour variation on the Flooring Products may also occur over time due to sunlight and other conditions in the environment in which the Products are installed. On request, we may be able to offer advice in respect of the finishing oils and lacquers used to finish the Flooring Products in order to assist with maintenance and care.

7.6 We are able to offer advice on the installation of the Flooring Products over underfloor heating systems, and aftercare, on request, but we recommend that you also contact your underfloor heating supplier for more information and check our website, which contains useful information on this issue.

8. Title

8.1 Notwithstanding delivery, title to and ownership of the Products shall not pass to you until we have received in full (in cash or in cleared funds) all sums due to us in respect of:

8.1.1 the Products; and

8.1.2 all other sums which are or which become due to us from you on any account;

(“Payment”).

8.2 Until Payment, you shall:

8.2.1 hold the Products on a fiduciary basis as our bailee;

8.2.2 hold the Products in good, saleable conditions and keep them insured against all risks for their full price from the date of delivery;

8.2.3 keep an up-to-date list of the location of our property and present this to us on request;

8.2.4 not destroy, deface or obscure any identifying mark or packaging on or relating to the Products; and

8.2.5 store the Products separately from other goods or in any way so that they remain readily identifiable as our property.

8.3 If the Products are attached to or incorporated into any other materials or goods, the property in the new material or good shall vest in us until Payment in the proportion of the value of the Products to the other constituent elements.

8.4 We may at any time until title passes under this Clause 8 without notice recover possession of the Products which are our property. You hereby grant, or procure the grant, to us and our employees, agents and subcontractors, an irrevocable licence to enter for that purpose any premises then occupied by or in the ownership or possession of you or your direct or indirect customer. You shall indemnify us against all claims, losses, damages, liabilities, costs and expenses so arising.

8.5 We shall be entitled to recover payment for the Products notwithstanding that ownership of any of the Products has not passed from us.

8.6 On termination of this Agreement for any reason, our rights contained in this Clause 7 shall remain in full force and effect.

9. Your obligations

9.1 You shall:

9.1.1 ensure that the terms of the Order, and any specification or instructions you provide to us for the Services and/or for the Products, are complete and accurate;

9.1.2 provide proper, adequate, safe, comfortable and suitable environmental and operating conditions if we undertake any work at your premises;

9.1.3 inform us in writing a reasonable time before the commencement of any Services of any regulations relevant to us when working at any premises under your control;

9.1.4 be present and available at the Delivery Location at the required times to enable us to perform our obligations at the times we reasonably require under this Agreement;

9.1.5 sign a confirmatory note upon any of the Services (in whole or in part) having taken place, or any of the Products having been delivered, if we reasonably require you to do so;

9.1.6 ensure that your employees, agents and subcontractors fully co-operate with, and make themselves available at all reasonable times for discussion and meetings with, us and our employees, agents and subcontractors and to enable us to promptly perform our obligations under this Agreement;

9.1.7 promptly provide to us such information and assistance that will enable us to carry out fully, accurately and promptly our obligations under this Agreement to the best of our ability;

9.1.8 promptly comply with all of our reasonable requests in connection with this Agreement;

9.1.9 have all rights, permissions and consents to enter into, and perform your obligations under, this Agreement; and

9.1.10 comply with all applicable laws, statutes, regulations and bye-laws in relation to the exercise of your rights and performance of your obligations under this Agreement.

9.2 It is your responsibility to ensure that the Services and the Products are sufficient and suitable for your purposes and meet your individual requirements.

9.3 You are responsible for ensuring that you provide us with the information required to enable us to properly provide the Services. We shall not be responsible or, subject to Clause 12.2, have any Liability for any failure to provide the Services to the extent caused by your failure to properly ensure the provision of the relevant information.

10. Fees

10.1 In consideration of obtaining the relevant Products and Services we provide pursuant to this Agreement, you shall pay to us the relevant Fees.

10.2 The Fees shall be as set out in the Order.

10.3 You shall pay the Fees to us at such times and in such instalments as we may direct from time to time. Unless set out otherwise in this Agreement, we may issue invoices to you for the Fees at such intervals as we may, in our absolute discretion, consider appropriate.

10.4 Unless otherwise set out in the Order, all sums due under this Agreement are exclusive of VAT or other sales, import or export duties or taxes (if applicable) which shall be payable in addition at the same time as payment of any sums due.

10.5 We will not deliver any Products until we have received payment of the Fees in full.

10.6 You shall pay us by any payment method that we may stipulate from time to time. No payment shall be considered paid until we have received it in cleared funds in full.

10.7 Payment shall be in the currency in force in England from time to time or such other currency as we may stipulate from time to time for the Fees.

10.8 We reserve the right to increase the Fees in respect of any Services or Products not included in the Order which we may agree, in our absolute discretion, to provide to you in addition to those Services and Products set out in the Order.

10.9 We reserve the right to increase the Fees in respect of any Products, by giving notice to you at any time before delivery, to reflect any increase in the cost of the Products to us that is due to:

10.9.1 any request by you to change the delivery date(s) or specification of Products ordered;

10.9.2 any delay caused by your instructions in respect of the Products or your failure to give us adequate or accurate information or instructions in respect of the Products.

10.10 If you are late in paying any part of any monies due to us under this Agreement and such payment remains outstanding for seven days following us providing notice to you of such outstanding payment, we may (without prejudice to any other right or remedy available to us whether under this Agreement or by any statute, regulation or bye-law) do any or all of the following:

10.10.1 charge interest and other costs on the overdue amount due but unpaid at the annual rate of interest set under Section 6 of the Late Payment of Commercial Debts (Interest) Act 1998 from time to time from the due date until payment (after as well as before judgment), such interest to run from day to day and to be compounded monthly;

10.10.2 recover our costs and expenses and charges (including legal and debt collection fees and costs) in collecting the late payment;

10.10.3 sell or otherwise dispose of any Products which are the subject of the relevant Order and apply the proceeds of sale to the overdue payment; and

10.10.4 suspend performance of this Agreement until payment in full has been made.

11. Confidentiality

11.1 Each Party shall keep the other Party’s Confidential Information confidential and shall not:

11.1.1 use such Confidential Information except for the purpose of exercising or performing its rights and obligations under this Agreement; or

11.1.2 disclose such Confidential Information in whole or in part to any third party, except as expressly permitted by this Clause 11.

Each Party shall use adequate procedures and security measures to protect the other Party’s Confidential Information from inadvertent disclosure or release to unauthorised persons.

11.2 A Party may disclose the other Party’s Confidential Information to those of its employees, agents and subcontractors who need to know such Confidential Information provided that:

11.2.1 it informs such employees, agents and subcontractors of the confidential nature of the Confidential Information before disclosure; and

11.2.2 it does so subject to obligations equivalent to those set out in this Clause 11.

11.3 A Party may disclose the Confidential Information of the other Party to the extent such Confidential information is required to be disclosed by law, by any governmental or other regulatory authority or by a court or other authority of competent jurisdiction provided that, to the extent it is legally permitted to do so, it gives the other Party as much notice of such disclosure as possible and, where notice of disclosure is not prohibited and is given in accordance with this Clause 11.3, it takes into account the reasonable requests of the other Party in relation to the content of such disclosure.

11.4 The obligations of confidentiality in this Clause 11 shall not extend to any matter which either Party can show:

11.4.1 is in, or has become part of, the public domain other than as a result of a breach of the confidentiality obligations of this Agreement; or

11.4.2 was independently developed by it; or

11.4.3 was independently disclosed to it by a third party entitled to disclose the same; or

11.4.4 was in its written records prior to receipt.

11.5 Each Party reserves all rights in its Confidential Information. No rights or obligations in respect of a Party’s Confidential Information other than those expressly stated in this Agreement are granted to the other Party, or to be implied from this Agreement.

11.6 We may identify you as our client and the type of Products and Services provided by us to you, provided that, in doing so, we shall not reveal any of your Confidential Information (without your prior written consent).

11.7 On termination of this Agreement, each Party shall:

11.7.1 return to the other Party all documents and materials (and any copies) containing, reflecting, incorporating or based on the other Party’s Confidential Information;

11.7.2 erase all the other Party’s Confidential Information from its computer systems (to the extent possible); and

11.7.3 certify in writing to the other Party that it has complied with the requirements of this Clause 11.7.3, provided that a recipient Party may retain documents and materials containing, reflecting, incorporating or based on the other Party’s Confidential Information to the extent required by law or any applicable governmental or regulatory authority.

11.8 The provisions of this Clause 11 shall continue to apply after termination of this Agreement.

12. Limitation of Liability

12.1 This Clause 12 prevails over all of this Agreement and sets forth the entire Liability of either Party, and the sole and exclusive remedies of the other Party, in respect of:

12.1.1 performance, non-performance, purported performance, delay in performance or mis-performance of this Agreement or any goods, services or deliverables in connection with this Agreement; or

12.1.2 otherwise in relation to this Agreement or entering into this Agreement.

12.2 Neither Party excludes or limits its Liability for:

12.2.1 its fraud; or

12.2.2 death or personal injury caused by its Breach of Duty; or

12.2.3 any breach of the obligations implied by Section 12 of the Sale of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act 1982; or

12.2.4 any other Liability which cannot be excluded or limited by applicable law.

12.3 Subject to Clause 12.2, neither Party accepts and hereby excludes any Liability for Breach of Duty other than any Liability arising pursuant to the terms of this Agreement.

12.4 Subject to Clause 12.2, neither Party shall have any Liability in respect of any:

12.4.1 indirect or consequential losses, damages, costs or expenses;

12.4.2 loss of actual or anticipated profits;

12.4.3 loss of contracts;

12.4.4 loss of use of money;

12.4.5 loss of anticipated savings;

12.4.6 loss of revenue;

12.4.7 loss of goodwill;

12.4.8 loss of reputation;

12.4.9 loss of business;

12.4.10 ex gratia payments;

12.4.11 loss of operation time;

12.4.12 loss of opportunity;

12.4.13 loss caused by the diminution in value of any asset; or

12.4.14 loss of, damage to, or corruption of, data;

whether or not such losses were reasonably foreseeable or the Party or its agents or contractors had been advised of the possibility of such losses being incurred. For the avoidance of doubt, Clauses 12.4.2 to 12.4.14 (inclusive) of this Clause 12.4 apply whether such losses are direct, indirect, consequential or otherwise.

12.5 Subject to Clause 12.2, the total aggregate Liability of each Party arising out of or in connection with all claims in aggregate (including warranty claims and losses relating to the breach of warranty) shall be limited to the greater of:

12.5.1 110% of all amounts paid and total other sums payable, in aggregate, by you to us under this Agreement in the 12 months prior to the date on which the claim first arose; or

12.5.2 £100,000.

12.6 You shall not limit your Liability for failure to pay the Fees.

12.7 The limitation of Liability under Clause 12.5 has effect in relation both to any Liability expressly provided for under this Agreement and to any Liability arising by reason of the invalidity or unenforceability of any term of this Agreement.

12.8 You acknowledge and accept that we only provide the Products and Services to you on the express condition that we will not be responsible for, nor shall we have any Liability (subject to Clause 12.2) directly or indirectly for any act or omission of you, or your employees, agents or subcontractors, or any third party.

13. Termination

13.1 This Agreement shall commence on the date on which this Agreement is entered into and, unless terminated earlier in accordance with the termination provisions under this Agreement, shall continue in full force and effect until the latest of:

13.1.1 the completion of the provision of the Services, and the supply of any Products, as specified in the Order, in accordance with this Agreement; or

13.1.2 the conclusion of payment of all sums due under this Agreement.

13.2 Without prejudice to any of our rights or remedies, we may terminate this Agreement with immediate effect (or such other notice period as we see fit in our absolute direction) by giving notice to you if you fail to pay any amount due under this Agreement on the due date for payment and such amount remains in default not less than seven days after being notified to make such payment.

13.3 Either Party may terminate this Agreement immediately by notice in writing to the other Party if:

13.3.1 the other Party is in material breach of any of its obligations under this Agreement, and, where such material breach is capable of remedy, the other Party fails to remedy such breach within a period of 10 Business Days of being notified of such breach by the non-breaching Party; and/or

13.3.2 the other Party gives notice to any of its creditors that it has suspended or is about to suspend payment or if it shall be unable to pay its debts within the meaning of Section 123 of the Insolvency Act 1986, or an order is made or a resolution is passed for the winding-up of the other Party or an administration order is made or an administrator is appointed to manage the affairs, business and property of the other Party or a receiver and/or manager or administrative receiver is appointed in respect of all or any of the other Party’s assets or undertaking or circumstances arise which entitle the court or a creditor to appoint a receiver and/or manager or administrative receiver or administrator or which entitle the court to make a winding-up or bankruptcy order or the other Party takes or suffers any similar or analogous action in consequence of debt in any jurisdiction.

13.4 Termination of this Agreement shall be without prejudice to any accrued rights or remedies of either Party.

13.5 Termination of this Agreement shall not affect the coming into force, or continuance in force, of any provision which is expressly or by implication intended to come into or continue in force on or after such termination.

13.6 On termination of this Agreement for any reason, we shall cease to provide the Products and Services under this Agreement.

13.7 Clauses 6, 7, 10, 11, 12, 13.4, 13.5, 13.6, 13.7, 14.6, 15, 16, 17, 18, 19, 21 and 22 shall survive any termination of this Agreement for any reason.

14. Force Majeure

14.1 Subject to Clause 12.2, neither Party shall have any Liability for any breach, hindrance or delay in performance of its obligations under this Agreement which is caused by an Event of Force Majeure, regardless of whether the circumstances in question could have been foreseen. An “Event of Force Majeure” means any cause outside of the Party’s reasonable control, including act of God, actions or omissions of third parties (including hackers, suppliers, couriers, governments, quasi-governmental, supra-national or local authorities), insurrection, riot, civil war, civil commotion, war, hostilities, threat of war, warlike operations, armed conflict, imposition of sanctions, embargo, breaking off of diplomatic relations or similar actions, national emergencies, terrorism, nuclear, chemical or biological contamination or sonic boom, piracy, arrests, restraints or detainments of any competent authority, blockade, strikes or combinations or lock-out of workmen, epidemic, fire, explosion, storm, flood, drought, adverse weather conditions, loss at sea, earthquake, natural disaster, accident, collapse of building structures, failure of plant machinery or machinery or third party computers or third party hardware or vehicles, failure or problems with public utility supplies (including general: electrical, telecoms, water, gas, postal, courier, communications or Internet disruption or failure), shortage of or delay in or inability to obtain supplies, stocks, storage, materials, equipment or transportation.

14.2 Each of the Parties agrees to inform the other upon becoming aware of an Event of Force Majeure, such information to contain details of the circumstances giving rise to the Event of Force Majeure.

14.3 The performance of each Party’s obligations shall be suspended during the period that the circumstances persist and such Party shall be granted an extension of time for performance equal to the period of the delay.

14.4 Each Party shall bear its own costs incurred by the Event of Force Majeure.

14.5 If the performance of any obligations is delayed under this Clause 14, each Party shall nevertheless accept performance as and when the other shall be able to perform.

14.6 If the Event of Force Majeure continues without a break for more than one month, either Party may terminate this Agreement immediately by notice to the other, in which event neither Party shall have any Liability (subject to Clause 12.2) to the other Party by reason of such termination.

14.7 If we have contracted to provide identical or similar services to more than one customer and we are prevented from fully meeting our obligations to you due to an Event of Force Majeure, we may decide at our absolute discretion which contracts we will perform and to what extent.

15. Notices

15.1 Any notice given to either Party under or in connection with this Agreement shall be in writing, addressed to the relevant Party at its registered office (if it is a company) or its principal place of business (in any other case) or such other address as that Party may have specified to the other Party in writing, and shall be delivered personally, sent by pre-paid first class post, recorded delivery or commercial courier.

15.2 A notice shall be deemed to have been received: if delivered personally, when left at the address referred to in Clause 15.1; if sent by pre-paid first class post or recorded delivery, at 9.00 am on the second Business Day after posting; or, if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed.

15.3 The provisions of this Clause 15 shall not apply to the service of any proceedings or other documents in any legal action.

16. Assignment

You may not assign, transfer, charge or otherwise encumber, create any trust over, or deal in any manner with, this Agreement or any right, benefit or interest under it, nor transfer, novate or sub-contract any of your obligations under it, without our prior written consent (such consent not to be unreasonably withheld or delayed).

17. Severance.

17.1 If any court or competent authority finds that any provision of this Agreement (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this Agreement shall not be affected.

17.2 If any invalid, unenforceable or illegal provision of this Agreement would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.

18. Waiver

A waiver of any right or remedy under this Agreement 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 this Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.

19. Third party rights

A person who is not a Party shall not have any rights under or in connection with this Agreement.

20. Variation

This Agreement may not be varied except by a written document signed by or on behalf of each of the Parties.

21. No partnership

Nothing in this Agreement shall constitute a partnership or employment or agency relationship between the Parties.

22. Governing law and jurisdiction

22.1 This Agreement 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 laws of England.

22.2 The Parties irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter or formation.

GOOGLE ANALYTICS COOKIE USAGE

We use Google Analytics to collect statistical and analytical information about how people use this site. The cookies that are generated by this service anonymously track things such as general geographic location, popular pages, and time spent on pages. We use this information to improve our site and its content. By continuing to browse the site you are agreeing to our use of cookies.

PRIVACY POLICY

This privacy policy sets out how The Reclaimed Flooring Company use and protects any information that you give when you use this website.

The Reclaimed Flooring Company is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.

The Reclaimed Flooring Company may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 1/1/15.

We may collect the following information:

Name including email address.
Demographic information such as postcode, preferences and interests.
Other information relevant to customer surveys and/or offers.

What we do with the information we gather:

We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:

Internal record keeping.
We may use the information to improve our products and services.

We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.

From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests.

USA

Updated 2023

The Reclaimed Flooring Company Inc. (“Company”) Makes the Following Limited Warranties (“Warranties”) For All flooring products, stair pieces, joinery pieces and accessories (“Product/Products”).

Moisture and Humidity – PLEASE READ BEFORE BEGINNING INSTALLATION

Room temperature and humidity of installation area should be consistent with normal, year-round living conditions for at least one week before installation of wood flooring. Room temperature of 65°F to 75°F and a humidity range of 35% to 65% should be maintained during acclimatization, installation, and afterward. Attention: – humidity levels below these recommended levels will likely cause movement in the flooring, including gapping between pieces and possible cupping. The Reclaimed Flooring Company cannot be held responsible for site conditions which may compromise the quality of the Product before during and after installation. Flooring formats, such as plywood based engineered wood flooring and solid wood flooring are particularly susceptible to showing movement such as edge-end shrinking and face checking from relative humidity below the stated minimums on site and/or subsequent wood expansion if installed over a wet sub floor where moisture levels are above the industry recommendations stated by the NWFA. Air conditioning units will also effect the air humidity levels and this should be considered if this means air humidity being outside of 35% to 65%, which is likely to cause movement or shrinkage in the flooring.

WHAT IS COVERED BY THE “COMPANY” LIMITED WARRANTY

Limited Structural Integrity Warranty for as long as you own your floors .

The Reclaimed Flooring Company warrants to that all products in their original manufactured condition, shall be free from manufacturing defects in milling and grading for as long as you own your flooring (except as otherwise noted below).

10 Year Residential Surface Finish Limited Warranty

The surface finish for Flooring purchased for residential use is warranted by the Company not to wear through or separate from flooring for 10 years from the date of retail purchase under normal residential traffic conditions so long as all care and maintenance instructions provided by the Company upon request by the customer are followed. Failure to do so may void this warranty.

3 – Year Commercial Surface Finish Limited Warranty

The surface finish for Flooring purchased for commercial use is warranted by the Company not to wear through or separate from flooring for 3 years from the date of retail purchase under normal commercial traffic conditions so long as all care and maintenance instructions provided by the Company upon request by the customer are followed are followed. Failure to do so may void this warranty.

It should be noted that all Hard Wax Oiled & Oiled finishes may last a lifetime with correct aftercare. Correct aftercare nourishes the oils with liquid wax which makes the oils less brittle and more durable. Correct aftercare is essential to the longevity of your floor finish – and it’s really simply to do. A Lacquered Floor also requires aftercare to improve the longevity of the finish, however a lacquered finish a lacquered finish cannot be patch repaired or locally repaired in the same way that a Hard Wax Oiled floor can be repaired. Please make sure that you are using the correct aftercare products but speaking to your sales representative for further information. If you are unsure, it is best that you do not use any aftercare or cleaning products until you have been advised by an official Company sales representative that the products you are using are suitable.

12 month De-lamination Warranty

The top layer of wood adhered to the plywood substrate will not de-laminate from the substrate for a period of 12 months, starting from when the Product has been delivered to the customer. In the very rare cases of de-lamination due to substandard manufacturing, any such de-lamination is likely to occur within the first few months after installation once the Product settles in to the new environment. Therefore, our 12 month warranty period is more than sufficient to cover any such errors in fabrication. This 12 month Warranty is only valid if the Product has been installed correctly as per NWFA recommendations, as written within this warranty document, failure to store the Product and install the Product correctly will void this Warranty. If de-lamination does occur, the Company will either repair the affected area or replace the wood pieces / boards that have de-laminated at no charge to the client.

WARRANTIES APPLY TO ORIGINAL PURCHASER ONLY

All Flooring warranties, including any implied warranties, apply to the original retail purchaser of the Flooring only.
All warranty coverage terminates if you sell or otherwise transfer the Flooring or the property to which the Flooring is attached.

Limit on implied warranties to the greatest extent permitted by law, any implied warranty on flooring, including implied warranties of merchantability and/or fitness for a particular purpose, is limited in duration to the duration of this Warranty. Some states do not allow limitations on how long an implied Warranty lasts, so the above limitation may not apply to you.

WHAT THIS WARRANTY DOES NOT COVER

In order to be covered under this limited warranty, the Flooring must be properly installed by a licensed flooring contractor in accordance with all installation instructions supplied by NWFA. This warranty does not cover damage arising from improper installation of the Flooring. In order to be covered under this limited warranty, the Flooring must be purchased from an authorized dealer of The Reclaimed Flooring Company Company. The Company offers no additional warranties, express or implied, other than those set forth herein. Neither your retailer nor anyone else has the authority to alter the terms of this warranty.

Any representations or promises made by your retailer or installer are not binding on The Reclaimed Flooring Company. This warranty does not cover minor separations between boards due to normal expansion and contraction that wood floors may experience, based on interior environmental conditions, subfloor conditions, weather conditions or other outside forces. This warranty does not cover cupping, delaminating, and/or crowning due to excessive moisture or humidity. This warranty does not cover damage resulting from the failure to properly maintenance and may be voided due to your failure to follow all The Reclaimed Flooring Company care and maintenance instructions for your specific Product purchased.

This warranty does not cover damage caused by improper or incorrect use or application of any product or Flooring.

This warranty does not cover the presence of naturally occurring elements of wood flooring present within the Product, including but not limited to, open knot holes, pits, worm holes, or other characteristics resulting from the wood flooring milling and fabrication, hand-scraping, texture, edge or surface texturing / ageing, hand-finishing, reclaimed, grading, sanding, and all variations of Product processing. This warranty does not cover any damage to properties or furniture or any such personal items caused by the presence of any infestations within the wood such as woodworm, beetle or any other insect or naturally occurring infestations. All Products have been kiln dried and/or fumigated where specified to kill and remove any such naturally occurring infestations, however the Company cannot guarantee the Products are free from any such infestations. This warranty does not cover damages caused by or relating to improper transportation, storage, or installation of the Flooring. This warranty does not cover any defects unless the square footage of such defective flooring exceeds ten percent (10%) of the total square footage of your purchased Flooring.

This warranty does not cover manufacturing defects in Products and Flooring that have been installed, which were/are visible when closely inspected or which reasonably could have been discovered by you or your installer prior to installation. For example, dimension variations in thickness, length, width, or color, texture variation, or wood grade. If your product exhibits characteristics such as thickness variations and/or surface undulations, we recommends that your installer dry lay the boards first before fixing the boards down. Without such close consideration, there is a risk that excessive gapping or lipping will be present between the wood pieces, which may compromise the floor in terms of health and safety practicality. The Reclaimed Flooring Company is not responsible any injuries, discomfort caused by lipping / wood thickness variations between wood pieces. It is the installers responsibility to ensure all of the Product pieces are correctly laid out prior to installation and fixing down. You must notify The Reclaimed Flooring Company of any such manufacturing defects before installing Flooring. If not properly notified, The Reclaimed Flooring Company shall not be held liable for any costs or expenses incurred by the purchase or installation of any such defective or unsatisfactory Product.

This warranty does not cover variances in grain, texture or color found in samples or photographs supplied by dealers or on the Company website or variances in texture, grain or color between samples and Flooring orders. This warranty does not cover any change to the Product or Flooring caused by exposure to light, water and oxygen, including any color change or the development of a wood color or patina over time. This warranty does not cover indentations, scratches or other damage caused by negligence, intentional acts, water, sand, dirt, girt, abuse or other misuse of the Flooring or Product.

This warranty does not cover damages resulting from the failure to provide proper environmental conditions, including but not limited to maintaining proper humidity levels. This warranty does not cover surface checking or floor filler / putty popping out or opening up resulting from high or low relative humidity and/or mildew, discoloration, or cupping resulting from sub floor moisture.

This warranty does not cover damage resulting from the failure to follow the Company’s installation and maintenance instructions, including but not limited to the failure to use the highest quality of adhesives, moisture barriers, and failure to follow The Reclaimed Flooring Company Flooring maintenance product instructions. We recommend that you request these details from your sales representative and use only The Reclaimed Flooring Company approved maintenance products to clean and maintain your Flooring, including aftercare and maintenance products supplied by brands such as Osmo, Saicos Woca or Bona depending on the floor you have purchased. You must follow the maintenance instructions made available by the Company for the floor type you have purchased where you will be advised on which brand of products to use. Use of cleaning or maintenance products other than those specially formulated for the Flooring, or improper use or application of any cleaning or maintenance product, may cause damage to the Flooring and may void this limited warranty.

This warranty does not cover damage resulting from the use of adhesive tape of any kind on any oil finished floor for any period of time. Failure to comply may result in removal of the finish. This warranty does not cover special, incidental or consequential damages of any kind. Some states do not allow the exclusion or limitation of special, incidental or consequential damages so the above limitation may not apply to you.

RADIANT HEAT SYSTEMS

Certain Flooring is warranted for use with Radiant Heat Systems. If such Flooring is installed over a radiant heating system, the surface temperature of the Flooring must not exceed 82 degrees Fahrenheit. Dramatic temperature changes may damage the Flooring. Flooring must be heated gradually in 5 degree Fahrenheit increments. It is recommended that a dedicated thermostat be installed to allow the temperature of the Radiant Heat System to be accurately controlled. For warranty coverage to apply, the Flooring must be authorized for use with a radiant heating system and the installation must conform to the manufacturer’s Special Instructions for Installations over Radiant Heat Systems, including the placement of approved under-floor heat sensors. For new solid wood or engineered, Reclaimed or Antique Wood Flooring products, if gaps appear between the wood pieces once installed due to wood shrinkage on site, we advise clients and installers that a 1/16” gap should be treated as a design feature and so we do not recommend filling these gaps unless in an areas where water spillages or splashes are likely to occur. For gaps larger that 1/8” we recommend filling these gaps with the appropriate floor filler, if there are too many of these large gaps present over 1/8”, then it must be considered that the Product was not correctly acclimatised prior to installation and the Product was installed incorrectly. The Company is not responsibly for gaps appearing between wood pieces / planks due to wood movement of any kind and wood shrinkage.

WHAT THE RECLAIMED FLOORING COMPANY WILL DO

It is the Customers responsibility or the Vendor to ensure that the Product ordered and delivered to site is fully inspected prior to installation. The Company is not liable for defective floorboards once they have been installed unless the boards: i. Delaminate in accordance with the Company’s warranty or ii. The finish is worm away in accordance with the Company’s warranty. The Reclaimed Flooring Company will, at its option, either repair and/or replace the Flooring which is defective or credit you for the portion of the purchase price attributable to the Flooring which is defective. Clients are responsible to pay for shipping and handling for any replacement Flooring, along with any and all other costs related to the defective Flooring (e.g., labor to remove Flooring, labor to install replacement Flooring, additional materials required to install replacement Flooring, removal of any household fixtures or furniture required to repair or replace the Flooring, hotel stays required due to repair or replacement, waste removal etc.).

Due to the nature of the product, replacement Flooring and all accessories including stir pieces is not guaranteed to match the original Flooring in terms of color, tone, pattern or other natural characteristics of wood. These remedies are your sole and exclusive remedies under this warranty. Replacement Flooring will however closely match a section of the complete and installed floor.

HOW TO GET SERVICE

First, contact your retailer or distributor. If you have additional questions or have additional questions or concerns, please contact The Reclaimed Flooring Company by telephone at +1 (800) 683-6943, +44 207 250 1108 or by email at [email protected] or [email protected].

Where possible, any complaints made under this warranty will be resolved within 30 days. However, due to the nature of certain complaints and/or forces outside The Reclaimed Flooring Company’s control, certain complaints may take longer to resolve. If your complaint has not been resolved by your retailer or by the Company within 30 days of your notification to the retailer, please contact The Reclaimed Flooring Company directly for further assistance.

YOUR RIGHTS UNDER STATE LAW

This warranty gives you specific legal rights, and you may also have other rights, which vary from state to state.

GOVERNING LAW, FORUM AND VENUE

This warranty shall be interpreted in accordance with the laws of the State of California, without regard to any choice of law provisions which might otherwise apply in California or elsewhere. The Reclaimed Flooring Company and customer agree that the Superior Court of California shall have exclusive jurisdiction to adjudicate any claim or controversy arising out of or relating to this warranty or any of the above mentioned flooring types.

You acknowledge and agree that all actions or proceedings arising in connection with this warranty shall be tried and litigated exclusively in the County of Los Angeles, State of California. If any provision of this warranty is found to be unenforceable,
the remaining provisions will remain in full force and effect.

The Reclaimed Flooring Company’s Installation Guidelines for the above mentioned flooring types are intended to offer general guidance they relate to all floors and Products by The Reclaimed Flooring Company and are NOT a replacement for a professional. For best results, we suggest using a National Wood Flooring Association-certified professional installer. The Reclaimed Flooring Company’s Products MUST be installed according to the National Wood Flooring Association’s (NWFA) installation guidelines in order for the The Reclaimed Flooring Company Limited Warranty to be valid. The most current publication of the NWFA guidelines is available to all NWFA members and can be found at www.nwfa.org.

You can also search your area for an active NWFA Certified Professional Installer on NWFA’s website.

Due to the natural materials and unique finishing processes used all Products may experience tonal and color variation between planks depending on time in or out of the packaging and conditions such as weather, temperature, location, moisture levels or proper maintenance and installation. To avoid dramatic variation mainly caused by aging, it is recommended installation be completed from the same lot of Product. Floorboards and other Products ordered at a later date may also show various degrees of color variation because of the nature of wood flooring being a natural product.

Terms & Conditions

TERMS AND CONDITIONS OF THE RECLAIMED FLOORING COMPANY LTD

TERMS AND CONDITIONS OF THE RECLAIMED FLOORING COMPANY LTD

GOOGLE ANALYTICS COOKIE USAGE

PRIVACY POLICY