Terms and Conditions
1. Information regarding these Terms
1.1 These are the terms and conditions on which we supply
Goods to you (terms).
1.2 Please read these terms carefully before you submit your
order to us. These terms tell you who we are, how we will
provide Goods to you, how you and we may change or
end the contract, what to do if there is a problem and other
1.3 In some areas you will have different rights under these terms
depending on whether you are a business or consumer. You
are a consumer if: you are an individual; and you are buying
Goods from us wholly or mainly for your personal use (not
for use in connection with your trade, business, craft or
1.4 Where a clause in these terms applies only to consumers or
businesses it will expressly state that to be the case.
1.5 If you are a business customer these terms constitute the
entire agreement between us in relation to your purchase.
You acknowledge that you have not relied on any statement,
promise, representation, assurance or warranty made or
given by or on behalf of us which is not set out in these terms
and that you shall have no claim for innocent or negligent
misrepresentation or negligent misstatement based on any
statement in this agreement.
1.6 You can contact us by telephone at 01925 284495 or by
writing to us at [email protected]
or 18 Chesford Grange,
Woolston, Warrington, Cheshire, WA1 4RQ.
1.7 When we use the words writing or written in these terms, this
1.8 Any words following the terms including, include, in
particular, for example or any similar expression shall be
construed as illustrative and shall not limit the sense of the
words, description, definition, phrase or term preceding
2.1 The following terms shall have the following meanings for
the purposes of these terms:
‘Company’ or ‘us’ Ted Todd being the hardwood floor
brand of Edwards Cheshire Company Limited incorporated
in England and Wales, with company number 02848796
whose registered office is at 18 Chesford Grange, Woolston,
Warrington, Cheshire WA1 4RQ.
‘Contract’ any contract between the Company and you for
the sale of Goods by the Company to you.
‘Delivery Point’ the place where delivery of the Goods is to
‘Due Date’ the month end following the month of invoice.
‘Goods’ any goods agreed in the Contract to be supplied to
you by the Company (including any part or parts of them).
‘you’ the party entering into Contract with the Company.
2.2 The headings in these terms do not affect the interpretation
of these terms.
3. Application of these Terms
3.1 The Contract shall be made on these terms to the exclusion
of all other terms and conditions.
3.2 Acceptance of delivery of the Goods shall be deemed
evidence of your acceptance of these terms.
3.3 The Contract may only be amended in writing and signed on
behalf of the Company by a Director.
3.4 Each order or acceptance of a quotation for Goods by you
shall be deemed to be an offer by you to buy Goods subject
to these terms.
3.5 No order placed by the Buyer shall be deemed to be
accepted by the Company until a written acknowledgement
of order is issued by the Company , a deposit is paid by the
Buyer in accordance with clause 16.3 of these terms or (if
earlier) the Company delivers the Goods to the Buyer.
3.6 You shall ensure that the terms of your order and any
applicable specifications are complete and accurate.
3.7 Any quotation is given on the basis that no Contract shall
come into existence until the Company despatches a
written acknowledgement of order. Any quotation is valid
for a period of 30 days only from its date, provided that the
Company has not previously withdrawn it.
4. Description of Goods
4.1 The quantity and description of the Goods shall be as set out
in the Company’s quotation or acknowledgement of order.
4.2 Due to the fact that a number of the Goods sold by the
Company are natural wood products, there is a natural
variance in how the Goods look and feel. All samples,
drawings, descriptive matter, specifications and advertising
issued by the Company (including any samples displayed at
trade shows) and any descriptions or illustrations contained
in the Company’s catalogues or brochures are issued or
published for the sole purpose of giving an approximate idea
of the Goods described in them. They shall not form part of
the Contract and this is not a sale by sample.
4.3 The packaging of the Goods may vary from that shown in
images in our brochure and on our website.
4.4 If we are making the product to measurements you have
given us you are responsible for ensuring that these
measurements are correct. You can find information and tips
on how to measure by contacting us.
5. Changes and variations to the Goods
5.1 We may change the Goods or suspend delivery of the
Goods:5.1.1 to reflect changes in relevant laws and regulatory
requirements; and5.1.2 to implement minor technical adjustments and
improvements, for example to address security or health and
safety issues. These changes will not affect your use of the
6. Delivery of Goods
6.1 The Company will use reasonable endeavours to deliver the
Goods to you on the date agreed.
6.2 The costs of delivery will be notified to you before you enter
into the Contract.
6.3 Any dates specified by the Company for delivery of the
Goods are intended to be an estimate and time for delivery
shall not be made of the essence by notice. If no dates are so
specified, delivery shall be within a reasonable time.
6.4 If you have requested that Goods are delivered within a
certain time or on a particular date the Company shall not
be liable for late delivery and time for delivery is not of the
essence. If you paid an additional delivery charge in relation
to such a delivery the Company’s maximum liability in
relation to the non-delivery of those Goods shall be the price
that you have paid in relation to the delivery of the Goods
and the Company shall not be liable for any other direct,
indirect or consequential loss as set out in condition 6.3.
6.5 If the Company is unable for any reason to fulfil any delivery
on the specified date the Company shall not be deemed to
be in breach of this Contract and the Company shall not be
liable for any direct, indirect or consequential loss (all three
of which terms include, without limitation, pure economic
loss, loss of profits, loss of business, depletion of goodwill
and similar loss), costs, damages, charges or expenses
caused directly or indirectly by any delay in the delivery of
the Goods (even if caused by the Company’s negligence).
6.6 If you fail to accept delivery of any of the Goods when
they are delivered, or the Company is unable to deliver the
Goods on time because you have not provided appropriate
instructions, documents, licences or authorisations:
6.6.1 risk in the Goods shall pass to you (including for loss or
damage caused by the Company’s negligence);
6.6.2 the Goods shall be deemed to have been delivered;
6.6.3 the Company may store the Goods until delivery,
whereupon you shall be liable for all related costs and
expenses (including, without limitation, storage and
6.7 Each instalment shall be a separate Contract and no
cancellation or termination of any one Contract relating to an
instalment shall entitle you to repudiate or cancel any other
Contract or instalment.
6.8 If you are purchasing the Goods as a business, any claims
that the Goods have been delivered damaged or not of the
correct quantity or do not comply with their description must
be notified to the Company within 24 hours accompanied by
a signed delivery note and photographic evidence. Failure
to inspect material upon receipt and provide signed delivery
notes will result in non-acceptance of the claim and nonreplacement of lost or damaged Goods.
6.9 If you are purchasing the Goods as a business, delivery will
be made only to a commercial business address.
6.10 You will provide, at your expense at the Delivery Point
adequate and appropriate equipment and manual labour for
off-loading the Goods.
6.11 If our supply of the Goods is delayed by an event outside
our control then we will contact you as soon as possible to
let you know and we will take steps to minimise the effect of
the delay. Provided we do this we will not be liable for delays
caused by the event, but if there is a risk of substantial delay
you may contact us to end the Contract and receive a refund
for any Goods you have paid for but not received.
7. Non-delivery of Goods
7.1 The quantity of any consignment of Goods as recorded
by the Company upon despatch from the Company’s
place of business shall be conclusive evidence of the
quantity received by the on delivery unless you can provide
conclusive evidence proving the contrary.
7.2 Where you are purchasing the Goods as a business, the
Company shall not be liable for any non-delivery of Goods
(even if caused by the Company’s negligence) unless you
give written notice to the Company of the non-delivery
within 48 hours of the date when the Goods would in the
ordinary course of events have been received.
8. Risk and title
8.1 The Goods are at your risk from the time of delivery if the
Goods are delivered to your premises. If Goods are to be
delivered to an address nominated by you, or the delivery
of Goods takes place at the Company’s premises the risk will
pass to you at the time they are loaded onto a vehicle for
transport from the Company’s premises.
8.2 Ownership of the Goods shall not pass to you until the
Company has received in full (in cash or cleared funds) all
sums due to it in respect of:
8.2.1 the Goods; and
8.2.2 all other sums which are or which become due to the
Company from you on any account.
8.3 Until you take ownership of the Goods, you shall:
8.3.1 hold the Goods on a fiduciary basis as the Company’s
8.3.2 store the Goods (at no cost to the Company) separately
from all other Goods in such a way that they remain readily
identifiable as the Company’s property;
8.3.3 not destroy, deface or obscure any identifying mark or
packaging on or relating to the Goods; and
8.3.4 maintain the Goods in satisfactory condition and
keep them insured on the Company’s behalf for their full
price against all risks to the reasonable satisfaction of the
Company. On request you shall produce the policy of
insurance to the Company.
8.4 You may resell the Goods before taking ownership rights
solely on the following conditions:
8.4.1 any sale shall be effected in the ordinary course of your
business at full market value; and
8.4.2 any such sale shall be a sale of the Company’s property
on your own behalf and you shall deal as principal when
making such a sale.
8.5 Your right to possession of the Goods shall terminate
8.5.1 you have a bankruptcy order made against you, or
you make an arrangement or composition with creditors,
or otherwise take the benefit of any statutory provision for
the time being in force for the relief of insolvent debtors,
or (being a body corporate) convene a meeting of creditors
(whether formal or informal), or enter into liquidation
(whether voluntary or compulsory) except a solvent
voluntary liquidation for the purpose only of reconstruction
or amalgamation, or have a receiver and/or manager,
administrator or administrative receiver appointed of your
undertaking or any part thereof, or documents are filed with
the court for the appointment of an administrator of you or
notice of intention to appoint an administrator is given by
you or your directors or by a qualifying floating charge holder
(as defined in paragraph 14 of Schedule B1 to the Insolvency
Act 1986), or a resolution is passed or a petition presented
to any court for your windingup or for the granting of an
administration order in respect of you, or any proceedings
are commenced relating to your insolvency or possible
8.5.2 you suffer or allow any execution, whether legal or
equitable, to be levied on your property or obtained against
you, or fail to observe or perform any of your obligations
under the Contract or any other contract between you and
the Company, or are unable to pay your debts within the
meaning of section 123 of the Insolvency Act 1986 or cease
to trade; or
8.5.3 encumber or in any way charge any of the Goods.
8.6 You agree to notify the Company within five days if any of the
events set out in Condition 8.5 take place.
8.7 You shall be entitled to recover payment for the Goods
notwithstanding that ownership of any of the Goods has not
passed from the Company.
8.8 You grant the Company, its agents and employees an
irrevocable licence at any time to enter any premises where
the Goods are or may be stored in order to inspect them, or,
where your right to possession has terminated, to recover
8.9 Where the Company is unable to determine whether any
Goods are the goods in respect of which your right to
possession has terminated, you shall be deemed to have
sold all Goods of the kind sold by the Company to the Buyer
in the order in which they were invoiced to the Buyer.
8.10 On termination of the Contract, howsoever caused, the
Company’s rights contained in this clause shall remain in
8.11 We shall not be responsible for installing the Goods and shall
have no liability to you for any damage to the Goods or
any other property, person or otherwise caused during the
installation of the products.
8.12 You shall be responsible for ensuring that the Goods are fully
and properly maintained, including but not limited to:
(a) the implementation of a proper maintenance schedule
in accordance with the British Standard Institute Code of
Practice for Installation of Flooring of Wood and Wood based
panels (BS8201:2011) as amended from time to time; and
(b) by ensuring that the Goods are maintained at the
appropriate humidity level.
9. Your right to end the contract
9.1 Your rights when you end the Contract will depend on the
Goods, whether they are defective, how we are performing
and when you decide to end the Contract:
9.1.1 If the Goods are faulty or inaccurately described, you
may have a legal right to end the Contract (or to get the
Goods repaired or replaced or to get some or all of your
money back), see clause 10 if you are a consumer and clause
11 if you are a business;
9.1.2 If you want to end the Contract because of something
we have done or have told you we are going to do, see
9.1.3 If you are a consumer and have changed your mind
about Goods, see condition
9.3. You may be able to get a
refund if you are within the cooling-off period, but this may
be subject to deductions and you will have to pay the costs
of return of any Goods.
9.2 If you end the Contract for a reason set out at 9.2.1 to 9.2.5
below, the Contract will end immediately and we will refund
you in full for any Goods which have not been provided. You
may also be entitled to compensation. The reasons are:
9.2.1 we have told you about an upcoming change to the
Goods or these terms which you do not agree to;
9.2.2 we have told you about an error in the price or
description of the Goods and you do not wish to proceed;
9.2.3 there is a risk that supply of the Goods may be
significantly delayed because of events outside our control;
9.2.4 we have suspended supply of the Goods for technical
reasons, or notify you we are going to suspend them for
technical reasons, in each case for a period of more than 30
9.2.5 you have a legal right to end the Contract because of
something we have done wrong.
9.3 If you are purchasing the Goods as a consumer, for most
off-premises (e.g. at trade shows) or online Contracts to
purchase Goods you have a legal right to change your mind
within 14 days and receive a refund. These rights, under the
Consumer Contracts Regulations 2013, are explained in more
detail in these terms.
9.4 When consumers do not have a right to change their minds.
Your right as a consumer to change your mind does not
apply in respect of any products which become mixed
inseparably with other items after their delivery or which
are made to the consumer’s specifications or are clearly
personalised. For the avoidance of doubt, once any flooring
is installed it will have become mixed inseparably, and so you
will no longer have a right to change your mind.
10. Defective Goods and consumer rights
10.1 If you are a consumer we are under a legal duty to supply
Goods that are in conformity with this Contract. See the box
below for a summary of your key legal rights in relation to the
Goods. Nothing in these terms will affect your legal rights.
10.2 The Consumer Rights Act 2015 says goods must be as
described, fit for purpose and of satisfactory quality. During
the expected lifespan of your product your legal rights entitle
you to the following:
10.2.1 up to 30 days: if your goods are faulty, then you can
get an immediate refund;
10.2.2 up to six months: if your goods can’t be repaired or
replaced, then you’re entitled to a full refund, in most cases;
10.2.3 up to six years: if your goods do not last a reasonable
length of time you may be entitled to some money back
10.3 If you wish to exercise your legal rights to reject Goods under
this clause 10, you must either return them in person to
where you bought them, post them back to us or (if they are
not suitable for posting) allow us to collect them from you.
We will pay the costs of postage or collection.
10.4 The Goods shall be covered by the Ted Todd Guarantee,
which can be found at https://www.tedtodd.co.uk/abou...
10.5 All claims for rectification or replacement will be rejected if,
on inspection, the Goods have not been fitted correctly or
the recommended site conditions have not been followed or
10.6 We shall, upon inspection and at your request attempt to
repair or replace any defective product. If this attempt fails
or the replacement also turns out to be defective you may
be entitled to a refund. Please note that should you accept
the repair and/or rectification works then no other form of
compensation will be payable and any claims for such are
likely to be defended.
11. Defective Goods and your business rights
11.1 This clause applies if you purchase the Goods as a business.
The Goods shall be covered by the Ted Todd Guarantee,
which can be found at https://www.tedtodd.co.uk/abou...
.If you are a business customer we
warrant that on delivery, and for a period of 12 months from
the date of delivery (warranty period), any Goods which are
conform in all material respects with their description and any
be free from material defects in design, material and
be of satisfactory quality (within the meaning of the Sale of
Goods Act 1979); and be fit for any purpose held out by us.
Subject to condition 11.4, if:
you give us notice in writing during the warranty period and
within a reasonable time of discovery that any Goods do not
comply with the warranty set out in condition11.1;
we are given a reasonable opportunity of examining such
you return such product to us at our cost, we shall, at our
option, repair or replace the defective product, or refund the
price of the defective product in full.
We will not be liable for a product’s failure to comply with the
warranty in condition 11.1 if:
you make any further use of such product after giving a
notice in accordance with condition 11.3.1;
the defect arises because you failed to follow our oral
or written instructions as to the storage, installation,
commissioning, use or maintenance of the product or (if
there are none) good trade practice;
the defect arises as a result of us following any drawing,
design or specification supplied by the Customer;
you alter or repair the product without our written consent;
the defect arises as a result of fair wear and tear, wilful
damage, negligence, or abnormal working conditions.
Where the Company is not the manufacturer of the Goods, it
shall endeavour to transfer the benefit of any manufacturer’s
warranty or guarantee given to it.
Except as provided in this clause 11, we shall have no liability
to you in respect of a product’s failure to comply with the
warranty set out in clause
These terms shall apply to any repaired or replacement
Goods supplied by us under clause 11.3.
12. How to end the Contract
12.1 This clause 12 applies where you have a right to end your
Contract with us pursuant to one of the reasons set out in
clause 9.1. To end your Contract with us, please let us know
by contacting us directly.
12.2 If you end the Contract for any reason after Goods have
been dispatched, or if you have received them, you must
return them to us. You must either return the Goods in
person to where you bought them, post them back to us or
allow us to collect them from you. Contact us for a return
label or to arrange collection. If you are exercising your right
to change your mind you must return the Goods within 14
days of telling us you wish to end the Contract.
12.3 We will pay the costs of return:
12.3.1 if the Goods are faulty or inaccurately described; or
12.3.2 if you are ending the Contract because we have told
you of an upcoming change to the product or these terms,
an error in pricing or description, a delay in delivery due to
events outside our control or because you have a legal right
to do so as a result of something we have done wrong.
12.4 In all other circumstances you must pay the costs of return.
12.5 If you are responsible for the costs of return and we are
collecting the Goods from you, we will charge you the direct
cost to us of collection.
12.6 If you are exercising your right to change your mind we may
reduce your refund of the price (excluding delivery costs) to
reflect any reduction in the value of the Goods, if this has
been caused by your handling them in a way which would
not be permitted in a shop. If we refund you the price paid
before we are able to inspect the goods and later discover
you have handled them in an unacceptable way, you must
pay us an appropriate amount.
12.7 We will make any refunds due to you as soon as possible.
If you are exercising your right to change your mind then if
we have not offered to collect the Goods your refund will
be made within 14 days from the day on which we receive
the Goods back from you or, if earlier, the day on which you
provide us with evidence that you have sent the Goods back
13. The Company’s right to end the Contract
13.1 We may end the Contract at any time by writing to you if:
13.1.1 you do not make any payment to us when it is due
and you still do not make payment within 7 days of us
reminding you that payment is due;
13.1.2 you do not, within a reasonable time of us asking
for it, provide us with information that is necessary for us to
provide the Goods;
13.1.3 you do not, within a reasonable time, allow us to
deliver the Goods to you or collect them from us; or
13.1.4 you do not, within a reasonable time, allow us to
access the Delivery Point for the purposes of supplying the
13.2 If we end the Contract in the situations set out in Clause
13.1 we will refund any money you have paid in advance for
Goods we have not provided but we may deduct or charge
you reasonable compensation for the net costs we will incur
as a result of your breaking the Contract.
14. Returns policy
14.1 In the event that you return non-defective Goods the
Company is not under any obligation to accept the
cancellation of an order nor shall the Company be obliged
to accept a return of Goods. If the Company decides at its
discretion to accept such a cancellation or return it may levy
such charges as are deemed reasonable to cover any costs
associated with the cancellation or refund.
14.2 If Goods are made to order or modified in accordance to
your specification or if they are clearly personalised in any
way they cannot be returned to the Company and you are
not entitled to a refund.
15.1 Unless otherwise agreed by the Company in writing,
the price for the Goods shall be the price set out in the
Company’s price list published on the date of delivery or
deemed delivery. We take all reasonable care to ensure that
the price of the Goods advised to you is correct.
15.2 In the event that a price is agreed by the Company in writing
the quotation given to you is subject to these terms. A
quotation is an invitation to treat and does not constitute an
offer to sell.
15.3 Unless stated otherwise, the price for the Goods shall be
exclusive of any value added tax (“VAT”) and all costs or
charges in relation to packaging, loading, unloading, carriage
and insurance, all of which amounts you shall pay in addition
when it is due to pay for the Goods.
15.4 It is always possible that, despite our best efforts, some of
the Goods may be incorrectly priced. We will normally check
prices before accepting your order so that, where the correct
price at your order date is less than our stated price at your
order date, we will charge the lower amount. If the correct
price at your order date is higher than the price stated to
you, we will contact you for your instructions before we
accept your order.
15.5 The Company reserves the right to change price without
notification. However, the Company will not change price if
you are purchasing as a consumer without first obtaining your
16.1 Unless you have entered into a credit agreement or unless
otherwise agreed in writing, the Company shall not be bound
to deliver the Goods until you have paid for them. Payment
shall be due before the Delivery Date and time for payment
shall be of the essence.
16.2 Payment for Goods under a credit agreement shall be by the
16.3 The Company may require the Buyer to pay a non-refundable
deposit for the Goods. Where a deposit is required, the
Buyer should pay the deposit as set out in the Contract to
the Company on the date of the Contract.
16.4 We accept payments made with Visa, Mastercard, or Bacs
payment. You must pay for Goods before the Company
dispatches them. You may also pay by cheque or cash,
however please note that payment by these methods may
delay dispatch and delivery due to a delay in such sums
clearing our bank account, we will not be liable for any such
16.5 No payment shall be deemed to have been received until
the Company has received cleared funds.
16.6 All payments payable to the Company under the Contract
shall become due immediately on its termination despite any
16.7 You shall make all payments due under the Contract in
full without any deduction whether by way of set-off,
counterclaim, discount, abatement or otherwise unless you
have a valid court order requiring an amount equal to such
deduction to be paid by the Company.
16.8 If you fail to pay the Company any sum due pursuant to the
16.8.1 you shall be liable to pay interest to the Company on
such sum from the Due Date for payment at the annual rate
of 4% above the base lending rate from time to time of the
Bank of Scotland, accruing on a daily basis until payment is
made, whether before or after any judgment. The Company
reserves the right to claim interest under the Late Payment of
Commercial Debts (Interest) Act 1998; and
16.8.2 the Company may suspend all future deliveries of the
Goods to you.
17. Limitation of liability if you are a business
17.1 This clause 17 applies if you are purchasing the Goods as a
17.2 Subject to clauses 6, 7 and 17.4, the following provisions set
out the entire financial liability of the Company (including any
liability for the acts or omissions of its employees, agents and
sub-contractors) in respect of:
17.2.1 any breach of these terms;
17.2.2 any use made or resale by you of any of the Goods, or
of any product incorporating any of the Goods; and
17.2.3 any representation, statement or tortious act or
omission including negligence arising under or in connection
with the Contract.
17.3 All warranties, conditions and other terms implied by statute
or common law (save for the conditions implied by section
12 of the Sale of Goods Act 1979) are, to the fullest extent
permitted by law, excluded from the Contract.
17.4 Nothing in these terms excludes or limits the liability of the
17.4.1 for death or personal injury caused by the Company’s
17.4.2 under section 2(3), Consumer Protection Act 1987; or
17.4.3 for any matter which it would be illegal for the Company to
exclude or attempt to exclude its liability; or 17.4.4
for fraud or fraudulent misrepresentation.
17.5 Subject to condition clause 17.4:
17.5.1 the Company’s total liability in contract, tort (including
negligence or breach of statutory duty), misrepresentation,
restitution or otherwise, arising in connection with the
performance or contemplated performance of the Contract
shall be limited to the Contract price; and
17.5.2 the Company shall not be liable to you for any
pure economic loss, loss of profit, loss of business, loss of
business opportunity, loss of anticipated savings, depletion
of goodwill or otherwise, in each case whether direct,
indirect or consequential, or any claims for consequential
compensation whatsoever (howsoever caused) which arise
out of or in connection with the Contract.
18. Limitation of liability if you are a consumer
18.1 This clause 18 applies if you are purchasing the Goods as a
18.2 If we fail to comply with these terms, we are responsible for
loss or damage you suffer that is a foreseeable result of our
breaking this Contract or our failing to use reasonable care
and skill, but we are not responsible for any loss or damage
that is not foreseeable. Loss or damage is foreseeable if
either it is obvious that it will happen or if, at the time the
contract was made, both we and you knew it might happen,
for example, if you discussed it with us during the sales
18.3 We do not exclude or limit in any way our liability to you
where it would be unlawful to do so. This includes liability
for death or personal injury caused by our negligence or
the negligence of our employees, agents or subcontractors;
for fraud or fraudulent misrepresentation; for breach of
your legal rights in relation to the Goods, including the
right to receive Goods which are: as described and match
information we provided to you and any sample or model
seen or examined by you; of satisfactory quality; fit for
any particular purpose made known to us; supplied with
reasonable skill and care and, where installed by us, correctly
installed; and for defective Goods under the Consumer
Protection Act 1987.
19.1 The Company may assign the Contract or any part of it to
any person, firm or company.
19.2 You shall not be entitled to assign the Contract or any part of
it without our prior written consent.
20. Force Majeure
The Company reserves the right to defer the date of
delivery or to cancel the Contract or reduce the volume of
the Goods ordered by you (without liability to you) if it is
prevented from or delayed in the carrying on of its business
due to circumstances beyond the reasonable control of
the Company including, without limitation, acts of God,
governmental actions, war or national emergency, acts of
terrorism, protests, riot, civil commotion, fire, explosion,
flood, epidemic, lock-outs, strikes or other labour disputes
(whether or not relating to either party’s workforce), or
restraints or delays affecting carriers or inability or delay
in obtaining supplies of adequate or suitable materials,
provided that, if the event in question continues for a
continuous period in excess of 180 days, you shall be entitled
to give notice in writing to the Company to terminate the
21. Personal Information
21.1 We will use the personal information you provide to us:
21.1.1 to supply the Goods to you;
21.1.2 to process your payment for the Goods; and
21.1.3 if you agree, to give you information about similar
Goods that we provide, but you may stop receiving this at
any time by contacting us.
21.2 Where we extend credit to you for the Goods we may pass
your personal information to credit reference agencies and
they may keep a record of any search that they do.
21.3 We will only give your personal information to third parties
where the law either requires or allows us to do so.
22. Intellectual property
22.1 You will not make any modification to the Goods or their
packaging nor later remove or tamper with any trade marks
used on or in relation to the Goods.
22.2 Any display equipment supplied to you whether under
these terms or pursuant to any other Contract involving the
Company and you will not be used for any purpose other
than the display, promotion or sale of the Goods.
22.3 No right or licence is granted to you in respect of the
Intellectual Property Rights of the Company, except the
right to use or re-sell the Goods in your ordinary course of
22.4 You will not, without the Company’s prior written consent
allow any trade marks of the Company or other words or
marks applied to the Goods to be obliterated, obscured or
omitted nor add any additional marks or words.
23.1 The Company may by notice in writing served on you
terminate the Contract forthwith if you:
23.1.1 fail to make payment by the Due Date;
23.1.2 are in material breach of any of the terms of the
Contract and, where the breach is capable of remedy,
you fail to remedy such breach within 14 days service of a
written notice from the Company specifying the breach and
requiring it to be remedied;
23.1.3 breach one or more terms of this Contract more than
twice in any period of 12 months;
23.1.4 pledge or charge any Goods which are the Company’s
23.1.5 become bankrupt or have a bankruptcy petition
presented against you, become insolvent, make any
composition with your creditors, have a Receiver appointed
under the Mental Health Act 1983 or die;
23.1.6 have any distraint, execution or other process levied
or enforced on any of your property;
23.1.7 appear to be financially inadequate to meet your
obligations under this Contract;
23.1.8 cease to trade or appear, in the Company’s reasonable
opinion, likely or threatening to cease to trade.
23.2 The termination of the Contract howsoever arising is without
prejudice to the rights duties and liabilities of either you or
the Company accrued prior to termination the provisions
of these terms which expressly or implied have effect after
termination will continue to be enforceable notwithstanding
23.3 The Company will be entitled to suspend any deliveries
otherwise due to occur following service of a notice
specifying a breach until either the breach is remedied or the
Contract terminates, whichever occurs first.
23.4 Installers Responsibility
It is the installer’s responsibility to carry out the final
inspection of the floor prior to installation to ensure the
colour, grade, quality, manufacture and factory finish of the
product is acceptable.
Before final installation, the product must be checked
with the end user to ensure the correct product has been
supplied, and that the end user is happy with the product.
Additionally, the inspection of all pieces of the floor must be
done before those pieces are installed. Carefully examine
the flooring for colour, finish and quality before installing it.
The installer must open several packs of the floor at a time to
enable a good colour and grade mix across the installation,
use reasonable selectivity when choosing the layout of the
boards and hold out or cut off pieces with deficiencies,
whatever the cause. If the product is deemed not acceptable
for any reason, do not install it and contact Ted Todd
Once a product has been laid and later discovered to be
incorrect, or for any boards with defects or visual irregularities
that should have been spotted at the time of installation,
no financial assistance can be given, nor can the product be
24. Other important terms
24.1 If you are purchasing the Goods as a business for the
purpose of reselling them in a retail context, you will ensure
that the display area in which the Goods are displayed does
not contain products other than the Goods.
24.2 Each right or remedy of the Company under the Contract
is without prejudice to any other right or remedy of the
Company whether under the Contract or not.
24.3 If any provision of the Contract is found by any court, tribunal
or administrative body of competent jurisdiction to be wholly
or partly illegal, invalid, void, voidable, unenforceable or
unreasonable it shall to the extent of such illegality, invalidity,
voidness, voidability, unenforceability or unreasonableness
be deemed severable and the remaining provisions of the
Contract and the remainder of such provision shall continue
in full force and effect.
24.4 Failure or delay by the Company in enforcing or partially
enforcing any provision of the Contract shall not be
construed as a waiver of any of its rights under the Contract.
24.5 Any waiver by the Company of any breach of, or any default
under, any provision of the Contract by you shall not be
deemed a waiver of any subsequent breach or default and
shall in no way affect the other terms of the Contract.
24.6 The parties to the Contract do not intend that any term of
the Contract shall be enforceable by virtue of the Contracts
(Rights of Third Parties) Act 1999 by any person that is not a
party to it.
24.7 The formation, existence, construction, performance, validity
and all aspects of the Contract shall be governed by English
law and the parties submit to the exclusive jurisdiction of the