Store Policy

These terms and conditions (“Conditions”) apply to all transactions for
the sale of any products ordered from or to be supplied by Industrial floor products ltd
(IFP)  (Company number: 15508442) whose registered office is

Unit 6, Meadow lane, Ellesmere Port, Cheshire, CH65 4TY

(the “ Company”).

AS USUAL, WE ATTEMPT TO ACCOMMODATE ALL OF OUR CUSTOMERS,
HOWEVER, WE CANNOT BE HELD RESPONSIBLE FOR TIMED DELIVERIES
AS THE COMPANY USES A THIRD PARTY CARRIER FOR THE MAJORITY OF
DELIVERIES.

WE STRONGLY RECOMMEND THAT IF A DELIVERY IS EXTREMELY TIME
SENSITIVE, THAT PROVISION IS MADE FOR MATERIALS TO ARRIVE EARLY.
PLEASE RING OUR OFFICES FOR A QUOTE IF YOUR REQUIREMENTS ARE
OUTSIDE OUR USUAL TERMS.

1. Definitions and Interpretation
1.1 In these Conditions unless the context requires otherwise the
following words have the following meanings:
1.1.1 “Buyer” means the person or organisation who purchases Goods
from the Company;
1.1.2 “Contract” means any contract between the Buyer and the
Company for the purchase of Goods incorporating these Conditions
and the Buyer’s order;
1.1.3 “Goods” means any products ordered by the Buyer from the
Company or to be supplied by the Company to the Buyer;
1.1.4 “Product” means the items set out in detail in the Company’s
acknowledgment of order to the buyers order and such other
items referred to in subsequent documentation
1.1.5 “Product data” means and data, instruction sheets, literature,
technical specifications and all matters of a similar nature prepared
by the Company whether or not prepared by the company
knowledge of which the buyer is deemed to have knowledge of.
1.1.6 “Project” means the works, development, building, scheme for
which the product is to be used
2. Formation of Contract
2.1 Any order or acceptance of a quotation from the Company, whether
made by telephone, fax or e-mail, constitutes an offer by the Buyer
to purchase the Goods on these Conditions to the exclusion of
all other terms and conditions (including any terms or conditions
which the Buyer purports to apply endorsed on, delivered with or
contained in the Buyer’s purchase order, confirmation of order,
specification or other document).
2.2 Any quotation is given by the Company on the basis that it does not
constitute an offer by the Company and is valid for a period of 30
(thirty) days only from its date.
2.3 A legally binding contract will only be formed between the
Company and the Buyer when the Company has notified the Buyer
of its acceptance of the Buyer’s order or (if earlier) the Company
delivers the Goods to the Buyer.
2.4 Acceptance of Goods by the Buyer shall be construed as acceptance
of these Conditions.
2.5 A read receipt or delivery receipt of an email will not amount to
confirmation of the Company’s acceptance of the Buyer’s order.
3. Description
3.1 The quantity and description of the Goods shall be as set out in the
Company’s quotation, the Company’s acceptance of the Buyer’s
order or otherwise as agreed between the parties.
3.2 Whilst the Company provides samples, colour charts, coverage
rate guides and costs guidance, material safety data sheets
and technical advice relating to the Goods to assist the Buyer in
ordering the Goods, all such samples, product information and

any advertising issued by the Company 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 only of the Goods described in them. They shall
not form part of the Contract and this is not a sale by sample. The

Buyer acknowledges that due to the nature of the Goods batch-to-
batch variations may occur, including but not limited to variations

in colour.
3.3 The Buyer agrees that it has not entered into the Contract in
reliance on any promise, assurance, representation, warranty,
details, specification and/or advice (whether in writing or not)
relating to its use of the Goods, the quality of the Goods or any
other matter in relation to the Goods unless expressly agreed in
writing by a director of the Company.
3.4 Whilst the Company’s technical personnel provide advice to the
Buyer in respect of the application and use of the Goods, such
advice is provided in good faith and in reliance on the information
provided to the Company by the Buyer. The Buyer is advised to take
all necessary steps to satisfy itself that all information and advice
relating to the Goods is accurate and fair in all respects and that it
is in possession of up-to-date technical and safety data in respect
of the Goods prior to using the Goods. The Company shall have
no liability for any loss, however arising, incurred by the Buyer in
connection with the Buyer relying on such information or advice or
failing to satisfy itself of the accuracy of the same.
3.5 The Buyer shall be responsible for checking and ensuring that its
order is accurate and adequate for the provision of the Goods and
shall be deemed to have taken all requisite measures to satisfy
itself as to the suitability of the Goods for the particular purpose
and/or installation methods of the Buyer. The Company shall have
no liability to the Buyer for errors in any order or details provided
by and/or approved by the Buyer.
3.6 The Company reserves the right to make any changes to the Goods
which are required from time to time by law or any applicable
safety or manufacturing requirements provided such changes do
not materially affect the quality and/or performance of the Goods.
4. Delivery
4.1 Delivery of the Goods will be made by the Company delivering the
Goods to the address specified by the Buyer or as agreed by the
parties. In the event that delivery cannot be made by the Company,
to the specified or agreed address, at no fault to the Company, the
Buyer will within seven days of being requested to do so provide
a further address to where the Goods can be delivered. In default
or if the address is unsuitable the Company, at its sole discretion,
will retain the Goods however delivery will be deemed to have
taken place. In the situation that the goods have been deemed
delivered the buyer shall pay the reasonable costs and expenses
of the company in storing the Goods should any accrue. The Buyer
will provide at its own cost any equipment and/or labour necessary
to unload the Goods when delivered by the Company.
4.2 Whilst the Company will endeavour to achieve delivery by any date
specified for delivery of the Goods each such date or dates is to be
treated as an estimate only and the time of delivery shall not be of
the essence in the contract.
4.3 The Company may deliver the Goods by separate instalments and
each delivery and/or stage shall constitute a separate and distinct
contract, which the Company shall be entitled to invoice separately.
Failure by the Company to deliver any instalment or perform any
stage shall not entitle the Buyer to treat the Contract as a whole as
repudiated and/or terminated.
4.4 The Company may deliver up to 10 (ten) per cent more or less than
the quantity of Goods ordered and the order shall be deemed to be
satisfied and the price shall be adjusted pro rata as a result.

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4.5 The quantity of any consignment of Goods as recorded by the
Company on dispatch from the Company’s place of business shall
be conclusive evidence of the quantity received by the Buyer on
delivery unless the Buyer can provide conclusive evidence proving
the contrary.
4.6 Subject to the other provisions of these Conditions, the Company
shall not be liable for any loss or damage caused directly or
indirectly by any delay in the delivery of the Goods (even if caused
by the Company’s negligence), nor shall any delay entitle the Buyer
to terminate or rescind the Contract unless such delay exceeds 180
(one hundred and eighty) days.
4.7 If the Buyer fails to take delivery of the Goods then without
prejudice to any other right or remedy available to the Company
the Company may:
4.7.1 withhold delivery of any other Goods;
4.7.2 store the Goods until actual delivery and charge the Buyer for the
reasonable costs (including insurance) of storage; and/or
4.7.3 sell the Goods at the best price readily obtainable and (after
deducting all reasonable storage and selling expenses) charge the
Buyer for any shortfall below the price under the Contract.
4.8 If the Buyer fails to take delivery of the ordered Goods the Buyer
will indemnify and keep indemnified the Company against any and
all loss or damage (including increased administration and legal
costs on a full indemnity basis) incurred and/or suffered by the
Company as a result.
4.9 Any complaint of short delivery, quality or of damage to Goods in
transit must be notified to the Company in writing otherwise then
a consignment note or delivery document within 72 (seventy two)
hours of receipt of Goods and any complaint of failure to deliver
Goods must be notified within 7 (seven) days of the date of the
invoice.
5. Risk and Title
5.1 Risk in the Goods and/or damage to or loss of the Goods shall pass
to the Buyer at the time of delivery; or if the Buyer wrongfully
fails to take delivery of the Goods the time when the Company
has tended delivery of the Goods; or at the time when Goods are
deemed to have been deemed delivered pursuant to clause 4.1.
5.2 Despite delivery of the Goods and risk having passed to the Buyer,
title and ownership in the Goods shall remain with the Company
until it has received payment in full and cleared funds for:
5.2.1 the Goods; and/or 5.2.2 all other goods and services agreed to be
provided by the Company to the Buyer under this and any other
agreement.
5.3 Until such time as title in the Goods passes to the Buyer the Buyer
shall:
5.3.1 hold the Goods as the Company’s judiciary agent and bailee;
5.3.2 keep the Goods stored in a secure condition, in accordance with
the Company’s instructions, separate from all other goods of the
Buyer and/or third parties and clearly marked in such a way as to
be readily identifiable as the Company’s property;
5.3.3 not alter, remove, destroy or obscure any identifying marks, logos
or packaging on or relating to the Goods; and
5.3.4 keep the Goods insured for the price at which the Goods were sold
to the Buyer against all insurable risks and the Buyer shall hold any
proceeds of such policy of insurance in relation to the Goods on
trust for the Company.
5.4 The Buyer may resell the Goods prior to title and ownership having
passed provided such sale is in the ordinary course of the Buyer’s
business at full market value and that such sale is a sale of the
Company’s property on the Buyer’s own behalf acting as principal
and without committing the Company to any liability to the person
dealing with the Buyer.
5.5 The Company shall be entitled to recover payment for Goods or

recover Goods despite ownership not having passed.
5.6 The Buyer grants the Company’s employees and/or agents the
right to enter the Buyer’s premises or any other premises (with or
without vehicles) where the Goods are or may be stored in order
to confirm the Buyer’s compliance with this clause 5 and/or, if the
Buyer’s right to possession has ceased, to recover the Goods.
5.7 The Buyer shall not be entitled to pledge or in any way charge by
way of security for any indebtedness any of the Goods which remain
the property of the Company and if the Buyer does so all monies
owing by the Buyer to the Company shall (without prejudice to any
other right or remedy of the Company) immediately become due
and payable.
5.8 If the Buyer incorporates the Goods into other products or uses the
Goods as material for other products the property in the whole of
those other products is and shall remain with the Company until
payment shall have been received or the other products have been
sold and all the Company’s rights under this Contract shall extend
to those other products. The Company’s right to the material and/
or the other products is recognised in this Contract and it is the
intention of both parties that ownership of that material and/or
products shall vest in the Company.
6. Credit Limit
6.1 The Company may set a credit limit for the Buyer and any changes
the Company makes to the Buyer’s credit limit will be notified to
the Buyer from time to time.
6.2 The Company reserves the right to refuse to accept any orders and/
or to suspend delivery of any Goods if such Goods would result in
the Buyer exceeding its credit limit or if the credit limit has already
been exceeded.
7. Price
7.1 Unless otherwise agreed by the Company in writing, the price for
the Goods and the applicable delivery charges for each delivery
shall be the price and delivery charges respectively set out in the
Company’s price list published on the date of delivery or deemed
delivery.
7.2 Any quotations provided by the Company are provisional and all
prices are subject to alteration by reference to any changes in the
price of raw materials, any item to be acquired from a third party,
other costs of production and any other circumstances beyond
the Company’s reasonable control taking place between the date
of the Buyer’s order or the Company’s quotation and the date of
delivery.
7.3 The price for the Goods shall be exclusive of any value added tax
and all costs or charges in relation to packaging, loading, unloading,
carriage and insurance, all of which amounts the Buyer shall pay in
addition when it is due to pay for the Goods.
8. Payment
8.1 The Buyer will pay the price for the Goods in pounds sterling within
30 days of the date of invoice and the company shall be entitled to
issue such invoice on or at any time after delivery of the Goods; or
deemed delivery of the Goods; or in the event of the Buyer failing
to accept delivery on the due date for such delivery.
8.2 Time for payment shall be of the essence of the Contract.
8.3 No payment shall be deemed to have been received until the
Company has received cleared funds.
8.4 All payments payable to the Company under the Contract shall
become due immediately on its termination despite any other
provision.
8.5 The Buyer shall make all payments due under the Contract in full
without any deduction whether by way of set-off, counter claim,
discount, abatement or otherwise.

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Terms and Conditions

8.6 If the Buyer fails to make any payment on the due date then,
without prejudice to any other right or remedy the Company may
have, the Company shall be entitled to:
8.6.1 cancel the order and suspend delivery and/or performance of any
other orders;
8.6.2 appropriate any payment made by the Buyer to such order as the
Company may think fit; and/or
8.6.3 charge interest from the due date until payment in full is made
(both before and after judgment) on the amount unpaid at
whichever is the greater rate of 4% (four per cent) over the base
rate of the Company’s bank from time to time, compounded with
monthly interest, or the amount prescribed by law.
9. Cancellation
9.1 Cancellation by the Buyer of any order prior to delivery will only be
accepted at the Company’s sole discretion in writing and provided
that the Buyer will:
9.1.1 pay an administration fee for such cancellation of 30 (thirty) per
cent of the cancelled order; and
9.1.2 indemnify and keep indemnified the Company for any and all
liability suffered by the Company as a result of such cancellation.
10. Intellectual Property Rights
10.1 All intellectual property rights (including without limitation all
patents, copyright, design rights (whether registered or not), trade
marks (whether registered or not), skill and know-how and other
rights existing now and/or in the future anywhere in the world
together with any right to apply for protection of the same) in
the Goods and their packaging shall be owned by the Company
absolutely.
10.2 The Buyer shall indemnify and keep indemnified the Company
in full against any claim that the Goods or their use or resale
infringes the patent, copyright, design rights, trade marks or other
intellectual property rights of any other person to the extent that
the claim arises from compliance by the Company with the Buyer’s
designs, drawings, details or specific instructions.
11. Warranty
11.1 Where the Company is not the manufacturer of the Goods, the
Company shall endeavour to transfer to the Buyer the benefit of
warranty or guarantee given to the Company.
11.2 Subject to clause 11.4 below, the Company warrants to the Buyer
that the Goods will be free from material defects in design,
materials and/or workmanship for a period of 12 (twelve) months
from the date of delivery of the Goods to the Buyer.
11.3 This Warranty is conditional on the following provisions applying;
11.3.1 The Products must be used strictly in accordance with the Products
data sheet. In particular, the Products must have been handled,
stored and used within the stated shelf life and used only in
accordance with good construction and engineering industry
practice and European or British Standard Codes of Practice.
11.3.2 Any sub-floor/substrate must be adequately prepared, including
making good with suitable materials and techniques. The
substrate must be sound, of suitable mechanical performance and
of sufficiently substantial nature to support the Products for the
intended application in their used state.
11.3.3 The product must be applied as supplied, without additions to,
or removals form the product, in accordance with recommended
coverage rates and finished in accordance with good practice, and
protected from others whilst curing.
11.3.4 Following application, the Products; must be allowed to cure
properly before bringing into service.

11.3.4 The Products must not be subjected to conditions that they are
not designed for, such as excessive abrasion or extreme loading, or
moisture (e.g. use in damp or wet conditions for which the Product
was not designed or recommended), or chemical exposure.
11.3.5 The surfaces must be properly and regularly cleaned and
maintained (in accordance with the Company’s instructions,
guidance or recommendations), and not be subjected to
improper or abnormal conditions of use, or neglect and only be
exposed to fair wear and tear.
11.3.6 Damage to, or deterioration of, the Products caused by the
following is excluded from this Warranty:-
11.3.6.1 repair or refurbishment of any part of the Project, including
replacing or repairing floor coverings, partition walls, etc. and;
11.3.6.2 the consequences of chemical attack or modification of the
Products, including that caused by leaching or movement of
constituents of other materials in the construction such as
solvent based systems which the Products are not designed to
withstand and;
11.3.6.3 damage or attack caused as a result of inappropriate cleaning
regime or materials or equipment and;
11.3.6.4 degradation of, or breakdown of materials or substrates
adversely affected by the presence or effect of the applied
products where such materials or substrates could not
reasonably be anticipated;
11.3.6.5 differential movement of parts of the Project, such as wood
based sheets and boards, concrete, render, screeds, floor
coverings, howsoever caused including, but not limited to,
thermal or moisture movement.
11.3.7 The Company shall not be responsible under this Warranty for
the consequences of; natural or man made disasters, including
but not limited to storms, gales, hail, flood, lightning, strong
wind conditions, earthquakes or movement, !re, vandalism
or malicious interference, nor for structural failure including
but not limited to, settling or shifting of the Works or such
other building/s in relation to which the products are used,
movement, cracking or detection of structures, or foundations
or any component supporting or affecting the products.
11.3.8 Regular inspections of the products shall be undertaken on
a periodic basis and the Company shall be advised of any
significant damage, which may have occurred to the floor
howsoever it is caused.
11.3.9 No remedial work must be attempted without the prior written
agreement of the Company.
11.4 The Company shall have no liability under the warranty in the
above clause 11.2 in respect of:
11.4.1 any defect in the Goods arising from the Buyers non compliance
with any instructions and/or Product data supplied and/or
approved by the Company;
11.4.2 any faults and/or defects caused by fair wear and tear, wilful
damage, abnormal working conditions, failure to follow
the Company’s instructions or good trade practice, misuse,
alteration and/or repair of the Goods without the Company’s
prior written approval and/or improper maintenance or
negligence on the part of the Company or a third party;
11.4.3 Goods in respect of which the total price has not been paid by
the due date for payment; and 11.3.4 those parts, materials and/
or equipment which are not manufactured by the Company in
respect of which the Buyer shall only be entitled to the benefit
of such warranty or guarantee as is given by the manufacturer
to the Company.
11.5 The Company shall not be liable for a breach of the warranty in
clause 11.2 unless the Buyer gives written notice of the defect
to the Company, and, if the defect is as a result of damage in
transit to the carrier, within 7 (seven) days of the time when the
Buyer discovers or ought to have discovered the defect.

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11.6 Subject to clauses 11.3 and 11.4, if any of the Goods do not
conform with the warranty in clause 11.2 the Company shall at
its option repair or replace such Goods (or the defective part)
or refund the price of such Goods at the pro rata Contract rate.
Such repair, replacement or refund shall be the Buyer’s sole
remedy in respect of any claims it has under the warranty given
by the Company in clause 11.2 above.
11.7 At the Company’s reasonable request the Buyer must return to
the Company any alleged defective Goods for inspection and/or
procure sufficient access to the premises at which any alleged
defective Goods are held to enable inspection. If the returned
Goods prove to be defective the Company shall reimburse the
Buyer’s costs of returning the Goods.
11.8 Any work carried out by the Company, including but not limited
to a visit to inspect the Goods, which is not covered by the
warranty in the above clause 11.2 will be charged for at the
Company’s normal rate on a time and materials basis.
11.9 Any Goods replaced shall belong to the Company and any
repaired or replacement Goods shall be guaranteed on these
terms for the unexpired portion of the 12 (twelve) month
period.
12. Limitation of Liability
12.1 The Company’s total liability whether in contract (including
fundamental breach), tort (including negligence or breach of
statutory duty), misrepresentation, restitution or otherwise,
arising in connection with the performance or contemplated
performance of the Contract to the Buyer under this Contract
shall not exceed the amount payable by the Buyer to the
Company in respect of the relevant order to which the claim
relates.
12.2 Without prejudice to clause 12.1 above, the Company shall have
no liability to the Buyer for any:
12.2.1 loss of profits;.
12.2.2 depletion of reputation and goodwill;.
12.2.3 pure economic losses;.
12.2.4 special damages;.
12.2.5 aggravated, punitive and/or exemplary damages;
12.2.6 consequential and/or indirect losses; and/or
12.2.7 interruption of business, loss of business, contracts and/or
opportunity.
12.3 Except for the financial cap on liability in clause 12.1 which
shall apply only once in respect of all types of losses, each of
the limitations and/or exclusions set out in this Contract shall
be deemed to be repeated and apply as a separate provision for
each of:
12.3.1 liability in contract (including fundamental breach);.
12.3.2 liability in tort (including negligence);.
12.3.3 liability for breach of statutory duty; and.
12.3.4 liability for breach of common law and/or any other legal basis.
12.4 The Company shall have no liability to the Buyer for defective
Goods to the extent the defect is caused or contributed to by the
Buyer and/or by the Buyer’s continued use of defective Goods
after the defect has become apparent or suspected or should
reasonably have been apparent or suspected by the Buyer.

12.5 Subject as expressly provided in this Contract all warranties;
conditions or other terms implied by statute or common law
(save for the conditions implied by section 12 of the Sale of
Goods Act 1979) are excluded to the fullest extent permitted by
law.
12.6 Nothing in this Contract shall exclude or limit the Company’s
liability for death or personal injury caused by its own negligence,
any liability for fraud or fraudulent misrepresentation or any
other liability which the Company is not permitted to exclude or
limit as a matter of law.
13. Dispute Resolution
Any dispute relating to this Agreement which cannot be resolved by
negotiation between the parties within 90 (ninety) days of either
party giving notice to the other party that a dispute has arisen shall be
submitted to mediation pursuant to the Mediation Rules of www.ifproducts.net
and failing settlement of that dispute within 60 (sixty) days thereafter,
the dispute shall be submitted by any party for final resolution by the
courts of England and Wales which courts shall thereafter have exclusive
jurisdiction.
THE COMPANY’S POLICY IS ONE OF CONTINUOUS RESEARCH AND
DEVELOPMENT AND WE THEREFORE RESERVE THE RIGHT TO ALTER OR
MODIFY PRODUCTS AND SPECIFICATIONS WITHOUT PRIOR NOTICE.