Terms And Conditions


Download our T&C's 

1. DEFINITIONS

"Order" means the written order placed with the person, firm or company ("seller") designated on the Order by the Buyer. "Buyer" means [Axminster Carpets Ltd] or whichever of its associated companies shall be designated on the Order. Contract means the contract which is concluded upon acceptance by the Seller of the Order for the Sale to the Buyer of the goods referred to in the Order ("the Goods").

2. CONDITIONS OF ORDER

  1. The Order is placed subject to the incorporation in the Contract of these General Conditions of Purchase which shall override and exclude any terms or conditions proposed by the Seller except in so far as acceptance of the same is expressly communicated to the Seller in writing by the Buyer;
  2. Terms and conditions proposed by the Seller and variations to these General Conditions will not be of any effect unless agreed in writing by the Buyer.

3. QUALITY AND DESCRIPTION

  1. It shall be a term of the Contract that the Goods comply with the warranties and conditions contained in Sections 12 to 15 (both inclusive) of the Sale of Goods Act 1979 and any amending statutes or enactments and comply with any and all applicable regulations and relevant statutory rules, orders or instruments having the force law including and without prejudice to the generality of this requirement all relevant British Standard Specifications;
  2. The Buyer may reject any Goods for non-compliance with the requirements of this clause, and any other requirements specified herein, within 12 months of the date of delivery.

4. INSPECTION, TESTING AND ADHERENCE TO THE BUYER’S SPECIFICATION

The Buyer reserves the right to inspect the Goods before delivery; exercise of this right shall not preclude the Buyer from subsequently rejecting the Goods for failure to comply with the requirements in Clause 3 above, nor shall failure to inspect constitute acceptance of Goods.

Furthermore, the Buyer requires the Seller to conform with the following further conditions:

  1. Right of Entry: By acceptance of this purchase order you are allowing the Buyer, its customers and regulatory agencies the right of access to determine and verify the quality of work, applicable quality records and materials at ALL facilities involved in the order;
  2. Nonconforming Product: Supplier MUST notify the Buyer of any nonconforming product/material so that the Buyer can determine if said product/material will be accepted;
  3. Product/Material Changes: Supplier MUST notify the Buyer of any changes in product/material and/or process that would affect the fit, form and function of said product/material being supplied to the Buyer;
  4. Requirements Flow Down: Supplier must flow down any requirements to all sub-tier suppliers, including any key characteristics where required;
  5. Certificate of Conformance: If the Buyer has confirmed the parts agreed to be supplied will be utilised within the Transportation sector the following will apply:
  6. The Supplier shall retain any records regarding to said material/product or a minimum of seven years
  7. The Buyer has right of access by the organization, their Customer and regulatory authorities to the applicable areas of all facilities at any level of the supply chain involved and to all applicable records.

A. Certificate of Conformance: for Parts Manufactured and/or goods supplied to the Buyers drawings and specifications:

Each shipment shall be accompanied, if requested, by one (1) legible and reproducible copy of a certificate of conformance containing the signature and title of an authorised representative stating that the items ordered were produced in accordance with and conform in all respects to the contractual requirements including specifications, drawings, (including revision levels), marking requirements and physical item identification. When the parts are serialised, serial numbers shall be included on the certification. The certificate of conformance must reference the purchase order number, the internal tracking number/lot number assigned by your company for this job, state that the parts were manufactured to the Buyer’s drawing number and revision level listed on this purchase order. Failure to follow these procedures will result in parts being rejected at the Buyer, payment held and return of shipment;

B. Certification of Material Conformance:

Each shipment shall be accompanied by one (1) legible and reproducible copy of a certificate of conformance containing the signature and title of an authorised representative for each material used to fabricate the items ordered in this purchase order.

5. TIME

  1. Time shall not be of the essence of the Contract but the Buyer may make and time shall be of the essence of the Contract in the following circumstances:
    1. If by reference to any delivery or other data for performance in the Contract the Buyer has described time as being of the essence:
    2. If the date for the anticipated delivery has passed by giving the Seller written notice specifying a date 7 days later for the purposes of which time shall be of the essence;
    3. If the delivery date is approximate or if there is not date specified for delivery or performance and in either event the date upon which the Buyer could reasonably have expected such delivery or other performance to be effected has passed, by giving the Seller written notice specifying a date 14 days later for the purpose of which time shall be of the essence;
  2. If by reason of any cause beyond the Seller’s control the Seller is or is likely to be prevented from effecting the delivery or performance on the date Issue: 3 Ref: D114c Date: June 2011 specified in the Contract, the Seller shall promptly give the Buyer written notice of all the circumstances, whereupon the obligation of the Seller to effect the delivery or performance shall be suspended for a period consistent with the extent and duration of the cause provided that the Buyer shall be entitled at its option at any time and whether or not time is of the essence of the Contract to treat the delay or anticipated delay in effecting the delivery or performance as repudiation of the Contract by the Seller if it considers it expedient in the interests of its business to do so whereupon all monies paid by the Buyer in respect of the delivery or performance which has not been effected shall be refunded and to the like extent all the obligations and liabilities of the Buyer and the Seller in respect of that delivery performance shall absolutely cease and determine.
  3. If the Seller shall fail to effect the delivery or performance by a date in respect of which time is of the essence then whether or not such delivery or performance shall affect a substantial portion of the Goods the Buyer shall at its option be entitled to forthwith determine the whole or part of the Contract where upon risk in Goods already delivered and affected by such determination shall revert to the Seller and the Seller shall become liable to:
    1. repay any monies already paid by the Buyer in respect of the Contract together with interest at 2% above HSBC Bank plc Base rate;
    2. compensate the Buyer for any loss directly and foreseeably incurred by it in consequence of the late delivery of performance.

6. PLACE AND MANNER OF DELIVER

Unless otherwise stated in writing in the Order all Goods shall be delivered carriage paid to the Buyer’s premises at Woodmead Road, Axminster, Devon.

7. TITLE AND RISK

  1. Subject to sub clause (ii) below title and risk in the Goods shall pass upon their delivery to the Buyer at the address specified in these Conditions or in the Order (as the case may be) or if the Buyer collects the Goods upon their collection by the Buyer.
  2. If payments are made prior to physical delivery the Buyer shall have a lien on the Goods (or on the constituent parts appropriated to their manufacture) to the value of the total of such payments (each being considered as a whole).

8. GUARANTEE

If within 12 months after delivery the Buyer shall give notice to the Seller of any defect in the Goods which arises under proper use from faulty materials or workmanship then the Seller shall with all possible speed and at its expense replace or repair the Goods or at the Buyer’s option, refund all monies paid under the Contract provided that failure to give such notice shall not operate as a waiver of the Buyer’s rights under clause 3 above.

9. INDEMNITY

The Seller shall at all times indemnify and save harmless, the Buyer in respect of all loss damage or injury suffered by any property (whether or not the property of the Buyer) any person and against all actions, claims, demands, costs, charges and expenses arising in connection therewith to the Issue: 3 Ref: D114c Date: June 2011 extent that the same shall have been at any time caused or occasioned by the Seller, its servants or agents in the performance of its obligations under the Contract and in the case of loss, damage or injury to the property of the Buyer was such as could have been avoided and not been expressly authorised by the Buyer.

10. PAYMENT

Payments for the Goods shall be made at the time and in the manner and subject to such discounts (if any) as are stated in the Order but so that the Buyer shall be entitled to delay payment for the Goods until it has received from the Seller a proper VAT invoice in respect of the Goods.

11. SPECIFICATIONS ETC, DRAWINGS, PATTERNS, DIES

  1. All specifications, drawing, prints, samples, plans, patterns, dies, moulds or tooling supplied by the Buyer or obtained by the Seller at the Buyer’s request and expense shall be the sole property of the Buyer and shall not be used by the Seller other than for the purpose of performing its obligations under the Contract;
  2. The Seller shall be responsible to the Buyer for the safe custody of such items and shall insure them against all risks.

12. INDUSTRIAL PROPERTY RIGHTS

The Seller shall at all time indemnify and save harmless the Buyer against any actions, claims, demands, costs, charges and expenses arising out of the performance of its obligations under the Contract and in respect of any infringement or alleged infringement of industrial property rights (whether or not of an intellectual nature) claimed by a third party.

13. NOTICES

Any notice hereunder should be deemed to have properly given if sent by fax or email with the original sent by pre-paid or if sent by pre-paid post to the advertised fax number of the Buyer or the Seller or the address of the Buyer or the Seller as shown on the Order.

14. GOVERNING LAW

Any contract to which these Conditions apply shall be governed by and construed in accordance with the laws of England and parties hereby submit to the non-exclusive jurisdiction of the English Courts.


TERMS & CONDITIONS OF SALE TO AXMINSTER RETAIL CUSTOMERS

PRICES

Prices are subject to alteration at any time without notice and all orders are accepted on the condition that they are charged at prices ruling at date of receipt of order. Prices quoted in this list are exclusive of VAT.

PAYMENT

Payment is due on the 20th of the month following the month in which the goods are invoiced. Payment terms are as per invoice.

OVERDUE ACCOUNTS

If the company employs a professional collection agency or solicitor to collect a debt due under contract, the whole cost of such collection including the professional fees shall be borne by the customer.

In the event that a cheque is returned by the bank, the Company shall be obliged to charge £20 on each presentation and withhold supplies until the Company is satisfied that clearance has been achieved.

CREDIT CONTROL

In the event of any adverse financial information coming to our notice at any time, we reserve the right to withhold supplies.

SUPPLY OF GOODS

We reserve the right not to supply goods to anyone selling on to another supplier as after sales service can only be given to a bona fide account of Axminster Carpets Ltd.

RETENTION OF TITLE

  1. 1.1 Until full payment for the goods and all other sums due from the customer to the company has been received by the Company:
    1. the property in the goods shall remain in the Company but subject to Clauses 1.1(c) and 1.1(d) the customer shall be at liberty to sell the goods in the ordinary course of business.
    2. The Customer shall keep and store the goods in such a manner that they can be identified as being the Company’s property.
    3. the Company may at any time revoke the Customer’s power of sale by notice to the Customer if the Customer is in default for longer than fourteen days in the payment of any sum whatsoever due to the Company or if the Company has bona fide doubts as to the solvency of the Customer.
    4. the Customer’s power of sale shall automatically cease if a receiver or manager is appointed over any of the assets or the undertaking of the Customer or a winding up petition is presented against the Customer or the Customer goes into voluntary liquidation or calls a meeting of or makes any arrangement or composition with creditors or commits any act of bankruptcy.
    5. Nothing in this clause 1.1 shall affect the passing of risk of loss or damage to the goods which will pass to the customer on delivery.
  2. Upon determination of the Customer’s power of sale under clauses 1.1 (c) or 1.1 (d) the Customer shall place the goods at the Company’s disposal and the Company shall be entitled to enter upon any premises of the Customer for the purpose of removing the goods from the premises (including severance from the realty where necessary). The above conditions shall be construed according to the laws of England and all parties shall submit to the jurisdiction of the courts of England in connection with any dispute or proceedings arising out of any contract contained in these conditions.

DISPLAY AND ADVERTISING MATERIAL

All display stands and advertising material provided to retailers remain the property of Axminster Carpets Group. It is advisable that customers should insure these goods to their full value.

CLAIMS

Great care is taken to ensure perfect goods are despatched from our factory; nevertheless, all carpets should be examined on arrival and any defect or discrepancy in measurement reported at once. Claims for manufacturing faults or incorrect measurements cannot be accepted after a carpet has been cut and laid. The Company’s liability for defective carpet will be limited to replacement and no claims will be considered for labour or other charges in connection with installation or removal. Complaints will only be inspected by an independent assessor on instruction from Axminster Carpets Ltd. once a complaints form with photos has been completed and returned.

DELIVERY

Whereas every effort is made to execute orders promptly, the Company accepts no liability arising from delays.

DAMAGE AND LOSS IN TRANSIT

No responsibility can be accepted for the non-delivery of goods unless the Carriers and this Company are notified in writing within 21 days of date of invoice. Consignments damaged or with part contents missing must be signed for accordingly and reported to the Carriers and this Company in writing within 3 days of delivery.

ORDER ACKNOWLEDGEMENT

It is the customers responsibility to check the details of each order acknowledgement and advise within 24hrs. if an error has been made.

CANCELLATION OF ORDERS

Cancellation of orders for cut lengths cannot be accepted if the goods have already been cut and despatched.

RETURN OF GOODS

In the event of returns all returns must be carefully wrapped. We regret we are unable to accept the return of any carpets which have been treated with stain repellent or soil protection products.

NARROW LOOM AND BROADLOOM CUTS

All cuts will be despatched with the ends unbound. 0.91 metre will be cut from Broadloom, therefore one or both edges may not have a selvedge.

SIZES

Whilst every effort is made to manufacture the correct size, slight variations are unavoidable. The British Standards Institute tolerance is 1.25 per cent either way (BS 3655, Clause 3).

MATCHING

Every effort is made to match varying widths as near as possible, but an exact match for pattern and colour between different widths and samples cannot be guaranteed.

SHADING, PILE REVERSAL OR FLATTENING PRESSURE

All cut pile materials are liable to shading, that is light and dark patches appearing, and whilst these can be in any area, used or unused, they are most likely to occur in areas of heavy traffic, at turning points near doorways, or in areas of concentrated abrasion such as in front of seating etc.

Heavy pressure crushes the pile, altering the lay and exposing more of the sides of the tufts than the tips. These sides are more reflective of light and therefore the pile appears lighter in walked on or crushed areas. When areas of crushing are side by side with unused areas, an apparent "patchiness" can be observed. This is not a defect and does not affect durability of the carpet and can often be minimised by regular use of an efficient upright cleaner, with a strong suction and beater bar. Please note that loop pile carpets should be cleaned with a suction type cleaner or one with a gentle beater bar action. A machine with an aggressive beater bar may catch the fibres giving the carpet a hairy appearance.

Shading, pile reversal, pressure or flattening can be exaggerated by local conditions & normal wear & tear. Those are not considered a manufacturing fault.

(Note) Natural yarn as its name suggests is unbleached and undyed and due to the natural pigment will lighten or whiten in time.

BERBERS

All Berber Carpets produced from Wool or containing Wool involve the use of random blends of natural colours. As a result, when seen in full widths, a ‘LINED’ effect may be apparent which is not always visible in small display lengths or pattern book samples. This is not a manufacturing defect, but a characteristic of Berber Carpets which are primarily intended to offer the purchaser a product which resembles the ‘hand-made’ carpets and rugs produced by the Berber Tribesmen, from whom the name is derived.

SOILING

Many of the light and delicate shades are liable to become soiled in wear, and so have the effect of having faded. This is a matter over which the manufacturer has no control.

FITTING

All carpets should be fitted in accordance with BS 5325. Selvedges should be carefully trimmed before silvaseaming, and sealed with an appropriate sealer.

UNDERFELT

It is recommended that a high compression traditional felt, crumb/felt or crumb rubber type underlay, which has been classified as being suitable for its intended application in accordance with the requirements of BS 5808 1991, is used with our products. We do not recommend a waffle underlay under our carpets on stairs.

STAIR INSTALLATIONS

To ensure even wear, it is necessary to move the carpet periodically and additional material should be allowed for. If this is impracticable, consideration should be given to the retention of sufficient material for subsequent replacement of areas of high wear (BS 5325). Unless these recommendations are followed, we cannot accept complaints of localised wear.

NOTICE

The manufacturer reserves the right to alter specifications without notice. Specifications can be found in the website.
Commercial Ranges Please refer to the factory
Axminster Carpets Limited
Company Registration Number: 08463187
Registered Office: Gamberlake, Axminster, Devon EX13 5PQ