Terms and Conditions of Business

1. GENERAL
1.1 Orders are only accepted for execution if subject exclusively to the Sellers terms and conditions of trading as stated below.
1.2 The Seller reserves the right to accept or refuse any order. 

2. DESCRIPTION 
2.1 Any figures statements descriptions illustrations, photographs, drawings or any other matters contained in the Seller’s catalogues pamphlets price list or advertising literature are not guaranteed to be accurate and are intended merely to represent a general picture of the Seller’s products and services and shall not form part of the Contract.
2.2 The Seller reserves to amend the specification of its products and services from time to time without notice so that the descriptions thereof as set out in its catalogues pamphlets price lists or advertising literature may not be identical with those set out in the Sellers quotation and the Buyer is advised to check the specification set out in the Seller’s quotation before placing its order.
2.3 All sizes are approximate slight variations are unavoidable and tolerance if +/-/= 1,25 is allowable in accordance with clause 3 of BS 3655. 

3.1 The price set out upon the Seller’s quotation does not include Value Added Tax which will be charged at the rate applicable at the date of invoice. 

4. DELIVERY 
4.1 Whilst the Seller will make every reasonable effort to complete the Contract by the date or dates therein specified for delivery of Goods or provision of Services such date or dates shall only constitute the times by which the Seller expects to effect such delivery or provision and the Seller’s failure however caused to so deliver or provide by the due date or dates shall not constitute a breach of contract and the Seller shall not be responsible for any direct or consequential loss recruiting there from.

5. TERMS OF PAYMENT 
5.1 Unless otherwise agreed in writing payments shall be made by the buyer on the following basis: The Contract price net cash payable within 30 days following the date of invoice. Should the Buyer fail to comply with the Terms of Payment the Seller shall be entitled to interest on any amount still outstanding 30 days after the due date for payment at the rate of 2.5% per month which shall accrue on a daily basis.
5.2 Payment may not be delayed or refused for any alleged defects in the Goods which the Seller undertakes to correct under terms of its warranty. 

6. CANCELLATION OF ORDERS
6.1 Cancellation of any orders whether full roll or cut length cannot be accepted once it has been shipped from the United States or China. Orders cancelled prior to dispatch will be subject to a 20% re-stocking charge.
6.2 Cancellation of contract or special orders cannot be accepted if manufacture has commenced raw material purchased.

7. CLAIMS FOR DAMAGE IN TRANSIT/SHORTAGES 
7.1 Every possible care is taken in the final examination and packing of Goods but damage in transit or shortages can sometimes occur. The Seller undertakes to make up any shortage or to repair or at its discretion replace free of charge any such Goods damaged in transit to the contracted place of delivery in which event the time for the delivery of the same shall be extended for such period as the Seller may reasonably require.
7.2 The Seller shall only bound by its undertaking to make-up repairs or replace set out in paragraph 7.1 If:
7.2.1 The Buyer shall have given verbal notice within 24 hours of receipt of the Goods in question and written notice of such shortage or damage in transit within 3 days of receipt of the Goods in question in the case of deliveries within the United Kingdom and within 28 days in the case of export orders: and 7.2.2  In the event that the Buyer has not received the Goods it has notified the Seller of this fact within 14 days of receipt of the Seller’s invoice in respect thereof in the case of United Kingdom order and within 28 days of such receipt in the case of export orders:
and
7.2.2  In the event that the Buyer has not received the Goods it has notified the Seller of this fact within 14 days of receipt of the Seller’s invoice in respect thereof in the case of United Kingdom order and within 28 days of such receipt in the case of export orders.

8. WARRANTY CLAIMS AND RETURNS
8.1 The Seller’s liability in respect of any defect in or failure of Goods supplied or for any loss injury or damage attributable thereto is limited to making good by replacement or repair or otherwise as its option solely from faulty design materials or workmanship.
8.2 Carpets should be inspected by the Buyer before cutting to close fit room and claims for defective material and/or manufacturing faults will not be accepted after the carpet has been cut.
8.3 The Seller strongly recommends that to ensure a correct colour and pattern match carpets are made from one width wherever possible. If more than one width is used to manufacture a carpet then for technical reasons perfect colour and pattern match cannot be guaranteed and the Seller will accept no liability in respect of imperfectly matched colour and patterns in such circumstances.
8.4  All pile fabrics are liable to have light and dark on the surface arising from unequal surface pressure “shading” and as this is not due to any lack of care or manufacturing fault nor is it detrimental to the wear or quality of the carpet the Seller will not accept no liability in respect of any claims arising from such “shading” effect.
8.5 The Seller will not accept responsibility for the shrinkage of any carpet which has not been secured firmly to the floor, is installed in an area which is subject to excessive moisture (e.g. Bathrooms, Kitchens) or if shrinkage occurs after home wet shampooing.
8.6 The Seller will not accept the return of any goods unless such return has received prior written authorisation from the Seller.
8.7 Goods returned for credit due to Buyer’s error will be credited at 85% of the original invoice price, or scrap value if not in original condition. This clause includes returns arising from duplication orders due to the failure of the Buyer to mark confirmation orders as such.

9. TITLE OF THE GOODS
9.1. Romalpa clause.
Title of Goods shall not pass to the Buyer until the Seller is paid in full or all goods supplied to the Buyer hereunder and previously, and such goods may be reclaimed at any time by the Seller prior to the payment whether within the possession of the Purchaser or a third party and the Purchaser hereby agrees that if those goods are on the premises of the Purchaser that the Seller has full right to gain entrance to the said premises to remove the same prior to payment and the Seller shall not be treated as trespasser and full consent to the Seller to gain admittance to the premises upon these term such terms previously have been accepted by the Purchaser prior the Contract being entered into withstanding that the risk in the same shall pass to the Buyer at the time of delivery.
9.2 Should the Goods (or any of them) be converted into a new product or products whatsoever and in whatever proportions the Buyer will immediately place the new product or products in store separate from other goods and in a situation where they may be clearly identified. Thereupon full legal and beneficial ownership of the new product or products shall pass to the Seller and the Seller shall be entitled to a due proportion of the proceeds of sale of the same to the Buyer’s Customer in accordance with the provisions of paragraph 9.3.
9.3 Subject to paragraph 9.4 and 9.5 the Buyer shall be at liberty to sell the Goods comprised in the contract and/or any products made wholly or partly there form in trust to pay to the Seller such sums to which it is entitled under the provisions of Contract. Notwithstanding the provisions of this paragraph the Buyer may retain from the proceeds of such sale any sum in excess of the sum or sums to which the Seller is entitled under the Contract or any other contract between the Seller and the Buyer.
9.4 The Seller may at any time revoke the Buyer’s power of sale provided in paragraph 9.3 by giving the Buyer notice in writing of such revocation in the Event of the Buyer being in default for longer than fourteen days in the payment of any sum whatsoever due to the Seller from the Buyer (whether in respect of the Goods or Services which are the subject of the contract or under any other contract between the Seller and the Buyer) of if the Seller has bona fide doubts as to the solvency of the Buyer
9.5 The Buyer’s power of sale as provided in paragraph 9.3 shall automatically cease if a receiver is appointed over the whole or any part of the assets or the undertaking of the Buyer or a winding up order is made against the Buyer or the Buyer goes into voluntary liquidation (except solely for the purpose of reconstruction or amalgamation) or calls a meeting or makes any arrangement with his or its creditors or commits any act of bankruptcy).
9.6 Until payment in full for the Goods has been made the Buyer shall hold the same as Bailee of the Seller and shall at all times take proper care of the same and/or any products made wholly or partly there from and keep them in such manner that they may be clearly identified as belonging to the Seller. The Buyer will return the Goods and/or any products made wholly or partly there from the Seller if it receives a request so to prior to payment in full having been made.
9.7.1 On determination of the Buyer’s power of sale under paragraph 9.4 and/or paragraph 9.5 the Buyer shall place the Goods comprised in the Contract and/or any products made wholly or partly there from in the Buyer’s possession at the Seller’s disposal and the Seller shall be entitled to enter upon the premises of the Buyer for the purpose of removing the same using such force as is reasonably necessary for such purpose.
9.7.2 If at the time of the determination of the Buyer’s power of sale under paragraph 9.4 and/or 9.5 any Goods comprised in the Contract and/or any products made wholly or partly there from are in the custody or control of any individual firm or company other than the Buyer then the Buyer shall immediately provide the Seller with an authority in writing to collect the same and the same shall them be at Seller’s disposal.
9.7.3 The Seller shall hold those Goods and/or products collected in accordance with the provisions of paragraphs 9.7.1 and 9.7.2 upon trust to sell the same and shall retain from the proceeds of sale thereof any sum whatsoever due to the Seller from the Buyer and shall pay any balance remaining there from to the Buyer.

10. RISK AND INSURANCE
The risk in the goods to be provided under the Contract shall pass to the Buyer at the time of delivery. The reservation of the title contained in paragraph 9 shall not affect the Buyer’s responsibility to affect insurance cover which it may consider to be appropriate.

11.ERRORS
The Seller reserves the right to correct any clerical or typographical errors made by its employees, servants or agents at any time.

Rama Carpets Ltd, 41 Humber Road, London NW2 6EN If you have any questions regarding this form, please contact us.

Custom rugs are fabricated in China and require 4-5 months lead time. All custom rug orders require an official  purchase order by the retailed prior to production commencing. Rama Carpets reserve the right to request a 50% deposit prior to production of all custom rug orders. Orders cannot be subject to change or cancellation once in production. Minimum rug size for custom fabrication is 5’x8’ (40sf). Maximum rug size is equal to the width of the field material plus two sides of border. We do not offer field seams or double borders. Pattern match at metered corners and centring of pattern are not guaranteed.

Dye Lots: Due to slight variation from dye lot to dye lot, an exact match to samples cannot be guaranteed.
Shedding or Fluffing: this is a natural characteristic of all wool or wool blend pile carpets. Loose bits of natural fibre can appear on the carpet surface and can be removed with gentle vacuuming. Improper maintenance, dragging objects, or overly aggressive vacuum methods can distort pile and cause excess shedding. Shading or Watermarking: All cut pile carpets and some loop pile carpets are characterised by highlighting or shading, sometimes called “watermarking”. This is not a manufacturing defect, but simply a result of pile direction. Purchasers of fine carpets, especially cut pile should be aware of this.
Woven Characteristics: Our products are woven with high quality natural fibres. As with all woven products and natural fibres, there are certain variances in surface texture, yarn consistency, etc... Those sometimes cause the appearance of striations, tension lines or other minor imperfections. These are not considered defects, but are inherent to the beauty of fine woven carpets.