London Rug Company

  • 3 Market Place Cirencester
  • Gloucestershire- England
  • ,Great Britain
  • T: +0044(0)1285 652947
  • M: +0044(0)75 900 43 909
  • E: Sales@londonrugco.co.uk
  • Importers, Manufacturers, Wholesalers and Exporters of Fine Hand Made Carpets and Rugs

    Terms & Conditions

    1.  Definitions

    Various terms included in these common terms and conditions are defined hereunder:

    1. London Rug Company Ltd is registered under Company Number 08438376. VAT Registration no: GB189904453. Registered Address, London Rug Company Ltd, 18 (S) BEEHIVE LANE, ILFORD, ESSEX, IG1 3RD

    2. Common terms and conditions: these common terms and conditions of London Rug Company.

    3. Customer: An individual or legally authorized person who enters into a contract with London Rug Company for supplying merchandise and/or services. Also, a person or an authorized entity who asks London Rug Company for making an offer is considered as a customer.

    4. Contract: this is explained under 2 ‘Offers and formation of a contract.’

    5. The work: It includes all the contracted work and services like design work and making deliveries.

    2. Offers and formation of a contract

    1. All quotes and proposals submitted by London Rug Company are without any obligation, except when clearly agreed to otherwise in writing.

    2. An offer is made in writing by London Rug Companyor when it begins implementation of the contract or sends an appropriate invoice to the customer.

    3.  A confirmation by London Rug Companyin writing will be considered as correct and accepted unless it receives an objection in writing within five working days of London Rug Companyhaving sent the confirmation.

    4.  Oral promises or agreements made by staff of London Rug Companyare not binding till confirmed in writing by London Rug Company.

    5. Once the contract has been prepared and the customer needs to make some amendments for the execution of contract, the customer must quickly inform London Rug Companyof the changes in writing. London Rug Companyhas the right to amend the prices as per the statements mentioned here.

    6. The samples, models or other information that London Rug Companypresents to its client is intended to be indicative only.  The delivered items may have some variations unless it is clearly mentioned in the contract and agreed to by both the parties that the delivered goods shall   precisely conform to the model or samples.

    3. Applicability

    1. The common terms and conditions are applicable to all proposals and sales contracts, unless clearly established in writing by both the parties.

    2. On placing an order or signing a contract the customer agrees to the common terms and conditions of the contract, which are considered to form an essential part of the contract.

    3. London Rug Companyexplicitly discards the applicability of any usual or special terms and conditions set by customer.

    4. If any of the conditions of the common terms and conditions is annulled, the rest of the conditions of the common terms and conditions shall remain valid, while the two parties discuss to find an alternate condition to substitute for the annulled condition/s.  The alternate conditions shall closely follow the intent and spirit of the conditions to be annulled.

    5. Though London Rug Companyis not always required to strictly comply with these term and conditions, it doesn’t imply that the conditions described herein are not applicable to London Rug Companyor it loses right to strictly comply with these terms and conditions.

    6. If circumstances arise between the two parties that are not included in the common terms and conditions, the condition will be judged in spirit of the common terms and conditions.

    4. Prices

    1. Prices quoted do not include VAT or any other government levies, unless otherwise   clearly stated in writing.

    2. After a contract has been created, any change in the price or expense of raw materials, partly-finished products, freight, taxes, wages and changes in exchange rate or any other factor affecting the price of goods or services will give right to London Rug Companyto straightway charge the same from the client.

    3. In case of a price hike within the 3 months of having made the agreement, the customer will be at liberty to cancel the agreement provided it is made in black and white and within five days of getting informed of the price hike by London Rug Companyand on paying for any goods or services already delivered by London Rug Companyas per the prices valid before the price increase.

    4. The client is not permitted to terminate agreement for reasons mentioned in 3 above, that is due increased prices which London Rug Companyis at liberty to execute because of statutory terms and price increases as a result of general price rise, as far as they don’t exceed ten percent of the initially agreed price.

    5. On placing an order on behalf of a third party, the customer is not entitled for claiming free, separate and split invoices for third party. Payment of the entire amount will be the liability of the client.

    5. Dissolution

    1. The contract can’t be terminated except for the clauses mentioned in the common terms and conditions.

    2.  If either party is unable to carry out its contractual obligations, the other party –irrespective of the conditions specified in the contract-shall have a right to terminate the agreement through a registered letter or notification of bailiff without having to follow court proceedings.  The termination shall be effective only after the defaulting party has been informed of the violation and after the same has been given an appropriate amount of time for rectifying the violation.

    3. Additionally, either party will be free, without requiring any notice or demand of default and without involving court procedings to liquefy the contract in whole or part through a registered letter or notice of bailiff with immediate effect provided:

    a) The other party has asked for or been given a provisional cessation.

    b) The other party files for itself a termination appeal or is proclaimed as bankrupt.

    c) The other party’s business is shut down/liquidated.

    d) The other party suspends its present business.

    e)  Without any fault of one of the parties, the other party’s substantial assets are seized or if the other party is not considered capable enough for discharging its obligations as per the contract.

    4.  If part of the contract has already been executed at the time of termination of contract, only the part of contract pending execution can be suspended, meaning the part which London Rug Companyis yet to execute.

    5. Invoices for all the goods already supplied and billed for by London Rug Companybefore the termination of the contract shall be paid by the client and fall due for immediate payment on announcing dissolution. 

    6. If on receiving a notification of non-payment for this, the customer fails to fulfill any commitment as mentioned in the contract, or is unable to do so appropriately or completely, London Rug Companywill be within its rights to abandon its commitment to its customer without any obligation of having to compensate the customer in any manner.  Additionally, London Rug Companyshall also have a right to do the same under the circumstance mentioned in paragraph (3) above.

    6. Cancellation

    1. Order can only be cancelled only when the goods ordered by London Rug Companyfor execution of customer’s order can be cancelled.

    2. If the order is cancelled in accordance with (1) above, the client will pay a compensation of fifteen percent of the contract amount to London Rug Company.

    7. Execution of the contract

    1. It is at the discretion of London Rug Companyto decide the execution of the contract and it reserves the right to outsource the contract in part or full to third parties not in employment with London Rug Companyif it considers that the contract can be executed more efficiently.

    2. London Rug Companyis not to be held responsible for normal tolerances in weight, fastness of colors, dimensions, finishing of pool, bowing and shading etc with respect to supplies made. 

    3. London Rug Companymay execute the agreement in parts and raise invoices accordingly within reasonable limits.

    4. In case the contract can be implemented in parts alone, the leftover part shall be logged for later delivery. The customer will be informed accordingly and under such circumstances be at liberty to suspend the agreement for the leftover part but in writing and within eight days of having got the notice. In that case the customer can’t claim compensation.

    5. Delivery dates mentioned by London Rug Companyare only indicative. If London Rug Companyis not in a position to deliver goods by the mentioned date, it will inform the client a soon as possible and mention a revised expected date of delivery. In such cases, the client can’t ask to be compensated.

    6. Any contract concerning storage or transportation of cargo to be delivered will be at the risk and cost of the buyer.

    7. The client is liable for all damages (including theft) to delivered items in case of supposed deliveries on approval or sale on consignment. In case of theft, the client will be liable to pay London Rug Companyan amount as stated in the consignment or approval note.

    8.  London Rug Companycan rightfully charge the customer call-out charges, in case it has been so specifiedin the final contract.

    9. Unless otherwise stated, all deliveries are ex-warehouse.

    10. It is obligatory for the customer to accept delivery of goods as per decided time of delivery. If the customer fails to do so for whatever reason, the goods shall be considered as delivered. Under such circumstances, London Rug Company, without prejudice to its other rights, will have a right to take away and store supplies at the risk and cost of the client without issuing a note of default. London Rug Companywill have a right to retain the goods so stored till the client pays storage and transport charges. 

    8. Complaints

    1. The customer must inspect the goods on receiving the same for any evident defect and defect so noticed should immediately be conveyed to London Rug Companyin writing in no more than five days of having received the same. It is for the client to check if the quantity and quality of good received conform to the specification as agreed to by both the parties.

    2.  Any other deficiency must be conveyed to London Rug Companyin writing within eight days of its appearing.

    3. Complaints pertaining to part of the contract shall not cause termination of the complete contract, unless they are inextricably connected to it.

    4. London Rug Companyshould always be given a chance to evaluate complaint and take remedial actions.

    5. Complaints do not absolve the customer from the responsibility of making payment.

    9. Liability

    1. Except the binding legal provisions that are mandatory, London Rug Company, in all fairness will not be held responsible for paying any compensation in lieu of damage, irrespective of its nature, caused directly or indirectly to the goods or persons at customer’s end or that of the third party because of the implementation of the contract.

    2. However, the above in (1) is not applicable if the damage is caused due willful carelessness by London Rug Company.

    3.  As far as possible, London Rug Companywill always be free to undo damage caused by the customer.  London Rug Companyalso has the right to take actions meant for limiting or preventing any damage.

    4. London Rug Companyis legally responsible for express damage only, limited to rational costs to assess the cause and extent  of the damage only to the extent as the assessment corresponds to the damage within the meaning of these terms and conditions, any rational expenses incurred to guarantee the imperfect performance of London Rug Companymatches the agreement, only to the extent that these can be credited to London Rug Company and practical costs incurred to prevent or limit any damage, provided that  the customer is able to prove that these expense have resulted to restrain the direct damage, as referred to in the common terms and conditions.

    5. In any case the responsibility of London Rug Companyis limited to the extent of payment made by the insurance of London Rug Companyin case of liability, enhanced by the sum of any policy surfeit. 

    6. In case any third part sues London Rug Companyfor damages because of omissions on the part of London Rug Companyor its workers, the customer will categorically indemnify London Rug Companyin cases where London Rug Companybecause of these conditions or otherwise is not responsible to the customer. However, in case London Rug Companyis legally made to provide compensation to third party, London Rug Companywill have a right to take action against the customer. 7.  All risks like loss or damage to goods or decrease in their worth will be to customer’s account right after London Rug Companydelivers the good to customer.

    10. Responsibilities of customers

    1. It is obligatory for the client to keep London Rug Companyinformed of any change of address or telephone number and also the change in place of taking delivery if the same was already agreed upon.

    2.  For any delay in execution of contract because of reasons stated in (1) above, the customer will be held responsible. Also, if delivery gets delayed because of other reasons which can be credited to customer, it will be their responsibility to compensate London Rug Companyfor the resultant damages.

    3. If the client hands over models, drawing, samples, and logos etc to London Rug Companyfor implementation of contract, the same shall be sent back to the client at their expense. London Rug Companywill be free to retain those items till the customer fulfills all their obligations to London Rug Company.

    11. Unforeseen hurdles

    1. Should any unforeseen hurdle arise, London Rug Companywill inform the client at the earliest possible opportunity.

    2. In case London Rug Companyis required to incur extra expense for overcoming unexpected hurdles, needing instantaneous action, and those are reasonable for restricting the damage, the customer must compensate for those.

    3. In case the unexpected hurdles do not necessitate immediate action, the client may suggest variations in the contract.

    12. Warranty

    1. Except when legally obligatory, London Rug Companyoffers warranty against materials used and manufacturing defects for six months after the date of delivery.

    2. When the supplier offers London Rug Companya warranty period beyond what is Stated in (1) above, the same shall also be extended to the customer.

    3. The warranty becomes invalid if:

    a. The conditions mentioned in common terms and conditions are not fulfilled.

    b. Defects appear as a result of carelessness, incompetent handling or negligence on the part of the customer or it successor or because of some external causes.

    c. During the period of warranty, a third part is allowed to carry repairs or the client makes repairs on their own.

    d. The client did not make payment in full.

    4.  Re-colored or Re-colored Patchwork carpets are generally made using old carpets.  Moreover, such carpets are especially treated to give them a worn out look. London Rug Companydoes not warranty these carpets.

    5. London Rug Companydoes not offer warranty on certain types of finished edges and informs the customer of such cases.