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SF Design Limited (SF Design) – Trading Terms
- SF Design will contract solely on the terms laid out below. Receipt of an order from the buyer will be deemed to be acceptance by the buyer of these terms, notwithstanding anything that may be stated to the contrary in the buyer’s order.
- Prices are subject to change without notice.
- Pricing is based on manufacturing and shipping without delay. Delayed projects may incur additional costs which will be added to the balance due.
- SF Design shall not be liable for any loss or damage whatsoever caused by any factors beyond the control of SF Design and without limiting the generality of the forgoing, loss or damage due to delay in delivery caused by strikes, delays or defaults of other manufacturers or suppliers, unavailability of materials or components, breakdowns of plant, delay in transportation, acts of government, acts of God, or any other contingency or event beyond the control of SF Design.
- Time periods for delivery quoted by SF Design are estimates only, not involving any contractual obligation on the part of SF Design. SF Design shall be entitled to cancel, suspend or delay production, delivery, or installation of the goods in the event of the occurrence of any event or contingency referred to in subclause a).
- All specifications and drawings provided with our quotation or included in catalogues or advertisements are approximate only and do not form part of the contract of sale. The goods shall be subject to the standard tolerances of the industry.
- Except to the extent provided for in clause 4 and in this clause or any express written agreement to the contrary;
i. All warranties, conditions, descriptions representations as to the fitness for the purpose or suitability or otherwise (whether express or implied by the law, trade, custom or course of dealing or otherwise) in respect of the goods are expressly excluded;
ii. SF Design shall be under no liability whatsoever, in contract, tort, or under any statute or otherwise for any injury, loss or damage arising out of or caused by any defect in the supply or installation of or the failure to supply or install the goods. In particular, SF Design shall in no circumstances be liable for any consequential loss or damage, or any economic loss;
- The liability of SF Design in respect of any defect in, shortage in quantity of, or failure of the goods; or for any loss or damage attributable thereto is limited to:
i. In respect of defects in goods supplied by SF Design, making good by (at our discretion) a refund of the purchase price, replacement or repair of defects which, under proper use of the goods, become evident within a period of 30 days from the date of delivery and are due to faulty design, defective material or workmanship provided that;
a. SF Design is notified of the defect within seven days of the defect becoming evident;
b. SF Design is given a reasonable opportunity to investigate the claim;
c. The goods are returned to SF Design without undue delay;
d. All costs in respect of the dismantling (where appropriate) and return of the goods to SF Design, delivery of the repaired or replaced goods to the buyer and the reinstalling of same (where appropriate) shall be to the buyer’s account.
ii. In respect of shortages in quantity, to making up shortages in quantity provided that;
a. The claim is notified to SF Design within three days of delivery;
b. SF Design is given a reasonable opportunity to investigate the claim.
- Unless otherwise agreed in writing, the terms of payment are:
- a 50% deposit upon confirmation of the order; payment in full prior to collection or delivery.
- If the buyer fails to make payment to SF Design by the due date it shall be liable to pay to SF Design default interest on the outstanding amount at a rate of 2.5% per month and shall also be liable to pay on demand all expenses and legal costs of SF Design (calculated as between solicitor and own client) in relation to obtaining remedy of the failure to comply.
- SF Design shall be entitled to refuse to deliver the goods if there are any outstanding moneys owing to it by the buyer however such refusal to deliver shall not entitle the buyer to cancel the contract.
- The buyer shall make all payments due to SF Design whether in respect of the purchase price or otherwise howsoever in full without deductions of any nature whatsoever whether by way of set off, counter claim or other equitable or lawful claim or otherwise howsoever.
- Property in any goods delivered by SF Design to the buyer shall not pass until the buyer has paid all that is owing to SF Design.
- Goods stored by SF Design will be subject to a storage fee. Goods not collected promptly may be transported to warehousing and will be subject to transportation and storage fees.
- The goods shall be at the buyer’s risk from delivery notwithstanding that the property in the goods remains with SF Design.
- Our custom and bespoke products are manufactured individually and, as such, are subject to the following variations, which are not considered manufacturing defects and not covered by any warranty:
- Size – due to weaving/tufting limitations, finished rugs may be up to 3% smaller or larger than the size specified.
- Colour – we pride ourselves on our ability to produce custom colours. While effort is made to ensure there is minimal variation between our poms/samples and the final product a tolerance of up to 5% applies as the yarn is usually not dyed simultaneously.
- Design – minor variations may be evident in line/weave thickness and carving precision.
- Tufted carpets and rugs may exhibit the following characteristics after laying which are not considered manufacturing defects and not covered by any warranty:
- fluffing/shedding – balls of fluff may appear on the surface of a new rug or carpet. These form from loose fibres in the pile and represent a small fraction of the fibre in the product. The quantity of fluff is highest when the product is new and will diminish over time with regular vacuuming.
- sprouting/pop-ups – individual tufts rising proud from the pile surface in a cut pile rug or carpet may be carefully trimmed with scissors without affecting the appearance of the product. Plucking these tufts out may result in a hole and is not recommended. Professional repair is recommended in the case of loop pile products, please contact SF Design for advice.
- tracking – footprints on your carpet or rug can be removed by vacuuming but will reappear when the carpet or rug is next walked on.
- permanent shading – all cut pile rugs and carpets may develop lighter or darker patches over time. This is more likely with higher piles.
- fading – as with all textiles, wool carpets and rugs will fade or change colour when exposed to sunlight. This usually occurs gradually and may not be noticeable. Lighter coloured carpets are more susceptible to fading than other colours.
- roll pressure marks –newly laid rugs and carpets may sometimes have noticeable light and dark areas, often in strips. This is caused by rolling for transport and will diminish over time with regular vacuuming and general foot traffic.