Terms & Conditions

Terms & Conditions

1. Definitions


1.1 The ‘Company’ means Grain & Groove with its registered office at Beechmount Home
Park, Navan, Co. Meath, Ireland.


1.2 The ‘Customer’ means the person or persons, firm, business, partnership, company or
any other organisation


1.3 The ‘Contract’ means any contract for sale of goods by the Company to the Customer.


1.4 The ‘Contract Price’ shall mean the amount payable by the customer under the terms of
the contract.


1.5 The ‘Goods’ mean any goods forming the subject of this contract including parts and
components of or materials incorporated in them.


1.6 The ‘Premises’ means the address of the customer, as detailed in the contract, or any
other premises or building agreed by the company where the goods are to be delivered.


2. Quotations


2.1 All quotations by the Company are subject to acceptance within 28 days. The Company
reserves the right to withdraw a quotation at any time before it has been accepted by the
Customer. No quotation by the company shall constitute an offer to supply goods.


2.2 Verbal quotations for stock availability and current price are correct at the time given by
the Company, but unless confirmation of an order by the Customer is given immediately,
and deposit is placed at this time, the Company cannot guarantee stock availability or price.


2.3 Quotations are only valid in writing & when signed by authorised personnel only, or in
the form of official company paperwork (invoice, quotation, pro-forma etc).


2.4 A contract exists when a deposit is placed on a quotation.


3. Contract Terms


3.1 A contract for the supply of goods by the company to the customer shall exist when an
order has been placed by the customer and accepted by the company and deposit has been
paid in full.


3.2 No provisions, modifications, amendments, or variations of the contract by the customer
shall apply unless they are in writing and are agreed and signed by or on behalf of the
company. In such a case, these shall be deemed to be amendments to the contrast and shall
not constitute a new contract and the customer shall confirm any such variation in writing
as soon as requested by the company, but the company shall not be obliged to request or
obtain such confirmation.


3.3 Where any variation to the goods is agreed by the company, after the contract date, the
company reserves the right to amend the contract and/or the contract price accordingly.
Any typographical or clerical error or omission in any quotation, pricelist, contract, order,
acceptance, invoice, or any other document issued by the company shall be subject to
correction without any liability on the part of the company at whatever time and whenever
such a correction shall be necessary.


3.4 These terms and conditions shall apply to every contract. The company shall not be
bound by any terms & conditions which may be inconsistent with these terms.


4. Lead Times


4.1 Special order lead times are a minimum of 6-12 weeks from the date of deposit placed.


4.2 Any lead times given are approximate only and while normally correct, are subject to
change without notice.


4.3 The Company is not responsible for any losses RE the late or non-supply of goods.

5. Delivery


5.1 Adequate labour etc. must be provided for unloading.


5.2 Goods are delivered to ground floor only


5.3 The Company can refuse delivery to site if it is deemed dangerous to the driver or
vehicle.


5.4 It is the responsibility of the Customer or their agents to be present at the time of
delivery and to check that the correct quantity and product has been delivered. A proof of
delivery must be signed by the customer or somebody representing them.


5.5 The Company has no responsibility or liability for the unloading of goods on site and for
the storage and security of such goods.


5.6 When delivering to site the Company’s drivers can refuse delivery in the absence of a
signature for receipt from an authorized person as proof of delivery.


5.7 Any period or date of dispatch quoted is an estimate only and the Company shall not be
liable for any loss or damage arising directly or indirectly from delay in dispatch or delivery.


5.8 Risk in the goods shall pass to the Customer when the Customer or its agent takes
delivery of the goods.


5.9 The Company cannot be held responsible for non-delivery caused by the existence or
apprehension of war, acts of terrorism, declared or undeclared hostilities, quarantine, riots
or strike.


5.10 All deliveries have a charge and it is solely at the Company’s discretion whether to pass
on this charge or not.


5.11 A 25% handling fee will be charged on all returned goods. Excluded from this charge is
the pick-up fee, which is not negotiable.


5.12 It is understood that the customer shall bear all delivery costs and all further costs
incurred by failure of the customer to accept delivery.


5.13 Delivery in instalments should be treated separately and each delivery is a separate
contract.


5.14 Goods described in the contract will not be delivered unless paid for in full and said
monies are in the Company’s bank account.


6. Price


6.1 The Price will be the agreed amount for goods or services made by the Company with
the Customer in writing, or as per the Company’s price list on the date of dispatch.


6.2 The price is as set out in a Pro-Forma Invoice on order. Prices may vary from date of
quotation to date of dispatch.


6.3 The price list is not an offer. The Company may choose to reject any order. The Company
is not bound by an order until an official acknowledgement letter or dispatch document has
been raised on its official forms.


6.4 If goods are not paid for we reserve the right to enter the Customer’s premises to
retrieve the goods even if they have been laid.


6.5 If a customer fails to pay for goods or stops payment, the company has the right to claim
legal fees and any other costs as a result of the customer’s failure to pay.


7. Payment


7.1 Payment is accepted by Bank Transfer, Debit Card, Cash or Cheque.


7.2 Credit Cards accepted only by prior agreement in writing by the management & may
incur a surcharge.


7.3 A 50% deposit will be taken on all orders before work commences regardless of the
total. The balance is to be paid prior to fitting or on delivery/collection of goods in the case
of supply only.


7.4 Credit Card transactions are limited to a maximum amount of €5,000.


7.5 Debit Cards accepted are Laser Cards and Visa Debit Cards. All payments must be
authorized electronically by the company’s in-store terminals.


7.6 Deposits / First Payments can only be accepted if the cardholder is present in the store.
Second payments may be accepted on the phone subject to some additional terms and
conditions.


7.7 Debit Card transactions are limited to a maximum amount of €5,000.


7.8 Cash payments are limited to a maximum amount of €10,000.


7.9 Cheques usually take five (5) business days to clear – the customer should ensure that
the company gets payments, in time for clearance, before the payment is due.


7.10 Non or late payments incur 2% added costs per month of delay.


7.11 Failure to pay in full or any monies deducted from the overall price must have written
consent from the Company.


7.12 Further failure to pay negates the Customer’s warranty

8. General


8.1 Any claims arising from badly laid or incorrectly supplied floors by a third party are the
responsibility of the Customer or their agents.


8.2 All orders accepted by the Company are subject to these terms and conditions. These
terms and conditions will prevail if there is any inconsistency between them and any
Customer’s conditions.


8.3 The Company excludes any liability for recommending floor fitters or individuals. Should
there be any dispute as to the quality of the workmanship this must be between the
Customer and the fitter not the Company.


8.5 The Company may at its discretion suspend or terminate the supply of any goods, if the
Customer fails to make payment or defaults in any of its obligations under the contract or
any other agreement with the Company.


8.6 Any qualification or variation to these conditions in the Customer’s order or made
otherwise by the Customer is excluded from the contract unless expressly agreed by the
Company in writing. Oral variations to these conditions have no effect.


8.7 The contract or its agreement shall be governed by Irish Law and the Customer consents
to the exclusive jurisdiction of the Irish Courts in all matters regarding this contract except
to the extent that the Company invokes the jurisdiction of the Courts of any other Country.


8.8 Wood should be stacked and spaces should be allowed every 5-8 boards to help air flow.


8.10 No goods will be accepted back after 21 days from delivery unless previously agreed
with the Company in writing at the time of purchase. There is a no-return policy on wet
goods such as glues, primers and lacquers. We cannot accept returns on special order items
which include bespoke & custom made finishes/products, reduced to clear or discontinued
items, promotional offers & goods are excluded from our return policy. They can not be
returned, refunded or exchanged.


8.11 If goods are sold to a Business Customer that has not been paid and are delivered to a
third party the Company still retain ownership. If the original purchaser becomes insolvent
or applies for receivership the third party will become liable for the goods.


8.12 If for any reason the Customer wishes to cancel an already booked appointment he/she
has, they are requested to do so by sending the Company a written notification by email or
post no later than 2 working days before the booked date.


8.13 If the Customer has requested fitting be complete by the Customer’s own
builder/contractor then said third party is responsible for all measuring, moisture testing
and ensuring quantity of flooring requested is correct and inclusive of wastage
requirements.

9. Samples


9.1 Each piece of wood is unique in grain and colour and therefore cannot be truly
representative of a finished installation.


9.2 Each board is individual with variation in colour, grain structure and knot size.
9.3 Wood can patina and shade differently from batch to batch, surface finishes may vary
also.


9.4 We cannot guarantee that a small sample will represent the overall appearance of a laid
floor. A sample is for reference only and no rights may be claimed.


10. Claims


10.1 Any claim for non-delivery of any goods should be notified in writing by the Customer
to the Company within 5 days of the date of the Company’s invoice.


10.2 Any claim that the goods have been delivered damaged or not the correct quantity or
do not comply with their description shall be notified by the Customer to the Company
within 7 days.


10.3 Verbal advice given by the Company is by no means a guarantee unless put in writing
by the Company. Furthermore, the Company cannot be held responsible to hearsay.


10.4 The Company is not liable for any badly or incorrectly laid floors by a third party or any
subsequent damage, liability or costs incurred from any independent arbitration arising
from verbal or referred recommendations of floor installers given by the Company or any of
its representatives.


10.5 Any alleged defect shall be notified by the Customer to the Company within 7 days of
the delivery of the goods or in the case of any defect that is not reasonably apparent on
inspection within 7 days of the defect coming to the Customer’s attention prior to
installation or laying of flooring. In any event within 28 days of delivery.


10.6 If the Customer establishes that any goods are defective, the Company shall as its
option replace with similar goods or repair any defective goods.


10.7 Where the Company is liable in accordance with these conditions in respect of only
some or part of the goods, the contract will remain if full force and effect in respect of the
other or other parts of the goods and no set-off or other claim shall be made by the
Customer against or in respect of such other or parts of the goods.

11. Risk & Retention


11.1 All goods supplied by the Company remain its property until paid for. The Company
reserves the right of disposal of all goods delivered to the Customer until paid for. The
Customer will not deface or remove the Company’s notices of ownership and Retention of
Title affixed to goods until paid for. If the Customer sells goods delivered by the Company
before they are paid for it will do so as agent of the Company. Notwithstanding the
foregoing, risk in goods delivered by the Company and all liability to third parties in respect
of the goods will pass to the Customer from the time when the customer has collected the
goods, or when the Company has delivered them either to the Customer or to an
independent carrier. The Customer will bear responsibility and risk for any loss arising from
damage or theft of the Company’s goods however caused.


12. Wood Floor Installation and Completion


12.1 All flooring services will commence only after deposit for flooring material (if any) is
cleared.


12.2 Any additional work, which does not appear in our quotation will be subject to an extra
charge.


12.3 Installation of the Goods shall be undertaken by the Company strictly in accordance
with the Contract and these terms and conditions.


12.4 The Customer must ensure all rooms are cleared prior to wood floor installation unless
costed for. If rooms are not cleared, the Company takes no responsibility for damage that
may occur to furniture, walls, doors etc as a result of the Fitter having to clear the rooms.
The Fitter reserves the right to refuse to fit the floor due to the rooms not being cleared.


12.5 Completion of the Contract shall take place on completion of the wood floor
installation and the Customer will Signoff the work. Once signoff has occurred you are
legally binded by these Terms and Conditions. If there are any disputes with the work
carried out by the Fitter, the work must not be signed off. Signoff is at the Customer
discretion. Any scratches and marks found in the floor that have been caused by the fitter
will only be rectified if pointed out to the Fitter before the Customer has signed off the
work. Any scratches notices after this time i.e the following day, will be assumed to be the
fault of the Customer and will not be rectified.


12.6 Any changes to the original Contract will be agreed and signed off by the Customer
before they are carried out. Any disputes after this Signoff will not be rectified.


12.7 Due to the cost of loading and landfill tax, carpets and old flooring that is uplifted in
order for the new floor to be laid will not be removed by the fitter. This must be agreed by
the Company before works commence and will incur an extra charge. All packaging is the
responsibility of the customer. Disposal of waste relating to fitting is available at an extra
cost.


12.8 It is the Customers responsibility to make sure the sub floor is in the correct condition
to lay on. It is recommended a full survey of the floor is carried out by a qualified surveyor
prior to wood floor installation. If a survey is not carried out the Company accepts no
responsibility for any movement etc to the floor as a result of damp or uneven flooring.


12.9 There is a 15% wastage allowance on all parquet floorings and a 10% wastage
allowance on all plank flooring.

THE SHOP



GET IN TOUCH

046 9029590 or info@grainandgroove.ie