TERMS AND CONDITIONS
In these conditions the Company means the SUPPLIER and the registered office means the registered office for the Company for the time being and the Buyer means the Buyer named on the order form.
The Buyer has requested the Company to supply and /or fit the goods specified on the order form and the Buyer shall pay for the sale/supply and/or fitting of the goods in the manner detailed on the order form.
2 THE COMPANY’S CONDITIONS
These terms and conditions shall apply to the contracts, sale, and supply of goods and (where applicable) their fitting, entered into by the company to the exclusion of all other terms and conditions, warranties and representations whether express or implied. No variation of or additions to these terms and conditions shall be binding upon the Company unless expressly accepted by the Company in writing under the hand of an authorised official of the Company.
Save as provided herein all representations, warranties, terms or conditions statutory or otherwise express or implied herein or in any agreement collateral hereto in respect of the goods supplied ortheir use are expressly excluded. Except to the extent contained herein the Company shall not be liable either in contract or in tort for any loss or damage direct or indirect suffered by the Buyer or by any other person in conjunction with the use of the goods.
In the event of the buyer not holding himself out as acquiring the goods in the course of business Clause 2 hereof does not and will not affect his Statutory Rights.
All prices include only such goods and accessories as specified on the order form and are for the quantities expressed in conjunction with them. Any variation in quantity may entail the Company varying the price for the goods.
All quotations are based on the fact that all surfaces ,walls, floors, structural, electrical, gas, water and other services are or will be made fit for the purpose designated in the contract unless otherwise specified. If such surfaces or services are found to be unsuitable during installation then the customer will be advised of the reasons for any additional costs and will bear the additional costs, over and above the quotation, in order that such items are made fit for the contract to be completed. Any such price increase will be limited to the unavoidable result of defects.
4 PAYMENT – GENERAL
- The buyer shall pay the total price on delivery of the goods to the address on the order form and in any event within 28 daysof the Company notifying the buyer in writing that all the goods have been manufactured inaccordance with the agreed specification and are available for delivery or collection at the Company’s place of business or within 28 days of the tender of the goods to the buyer.
- The Company shall at its discretion (without prejudice to its rights to treat the contract as repudiated and claim damages) be entitled to withhold despatch and/or delivery of the goods until all monies owing to it by the buyer shall be paid in full.
- Without prejudice to any other provisions of these conditions the Company may in its absolute discretion if doubt arises as to the buyers solvency suspend delivery until satisfactory security has been given for due performance by the buyer of his obligations hereunder.
- No special terms of payment will be operative unless confirmed in writing by a Director of the Company.
- The balance of the contract will be payable on, or just prior to delivery of the goods, by cleared funds (cash, bankers draft or bacs transfer are all acceptable).
- DISCOUNT/SPECIAL PRICES
The Company may at its own discretion offer goods, services or fitting at a discount or put forward some specialoffer, for example, half price ovens. Such discount or special offer shall be conditional upon full compliance with the terms of clause 4 (a) herein. Thus should the buyer default in payment on the due date of countermand payment or take any other step to cancel or reduce payment to the Company or in any other way fail to fully comply with the said obligations without the Company’s express written consent, then the terms of any discount or special offer will be automatically terminated and the buyer will become liable for the full price of all goods, services and fitting provided.
We rely on the information supplied in the manufacturer’s literature and where there is a variation to the specification of products featured, we will advise you of this at point of purchase.
The plans and designs used to prepare the quotation are the property of the Company until such time that the final balance for the contract has been paid. They shall not be reproduced either totally or in part without the written consent of the Company.
The plans and designs are for guidance purposes only and if computer aided design is used then this is subject to additional colour variations and any computer aided perspectives shall not form any part of the contract whatsoever.
The Company may in its discretion request that buyer shall on the making of this contract pay a deposit. Such deposit will be credited to the buyer at the time that the buyer shall make payment for the sale/supply of goods and/or fitting.
Should the buyer fail to fulfil his obligations under the terms of this contract so that the Company shall be entitled to repudiate the aid contract then, without prejudice to any other rights or remedies available to it the Company may forfeit and retain any deposit paid.
If the buyer shall fail to take delivery of the goods within 28 days of receipt of the notice that the goods are available or if the buyer so requests, the Company shall store the goods as agents for the buyer. If the goods are so stored for a period of 28 days or more the Company may at its discretion) levy a daily storage charge for the said goods in accordance with the Company’s storage rates for the time being in force., or find an alternative storage Company to transfer the goods to. If the goods are stored in the above circumstances then the buyer accepts that they are stored at the buyers sole risk. If any items are damaged then they will be replaced free of charge as long as the Company is advised within a reasonable time of the delivery or commencement of the installation. Some replacement items may be subject to delay if they have been specially ordered or commissioned for the contract.
10 CANCELLATIONS AND VARIATIONS
The Company reserves the right to change specifications as to colour, product or product specifications as conditions warrant but subject to express agreement between the parties whether oral or in writing.
No alteration or variation in the order by the buyer shall be binding on the Company unless details of the alteration or variations are given by written notice to the Company’s head office. The buyer shall pay any increase in the agreed price attributable to such alterations or variations in accordance with Clause 3 above and in any event shall indemnify the Company for any loss arising from such alterations or variations.
If it is necessary for the client to postpone an agreed installation date an additional charge may at the Company’s discretion, be levied to cover the down time of the installation team. This charge may be waivered by the Company should the Company be able to refill the installation teams scheduled time with alternative work.
11 GUARANTEE AND LIMITATIONS OF LIABILITY FOR DEFECTIVE MATERIALS OR GOODS
The buyer shall have the benefit of and be subjected to such product guarantees as the Company from time to time provides and the buyer is deemed to have full knowledge of the terms of such guarantees, copies of which will be supplied by the Company on request. The Company reserves the right to provide guarantees on any product from time to time offered for sale.
Save as provided by any express guarantee or by any other term of these conditions all representations, warranties and conditions express or implied in respect of the goods or their use are hereby expressly included. This clause shall not prejudice a customer’s statutory rights.
Except to the extent contained in any such guarantee or required by statutes the Company shall not be liable or in tort for any loss or damage suffered by the buyer or any other person in connection with the goods or their use.
12 PROPERTY TITLE AND RISK IN THE GOODS
Property in the goods sold shall not pass to the buyer until full payment for the goods has been made to the Company.
The buyer shall from the date of delivery of any goods bear the risk of accidental loss or damage to the said goods.
Failure on the part of the buyer to comply with the conditions of the terms of payment, shall give the Company the right to withhold or cancel, any undelivered portion of the contract.
13 CUSTOMER RESPONSIBILITIES
It will be the responsibility of the customer to ensure, in writing that they have obtained any necessary consent or planning permission necessary for the installation to commence. The Company will not be responsible for any damage or loss to the customer caused by any failure to obtain such consents.
AFTER SALES ADVICE
The Company’s after sales advice service is available on all goods supplied by them. Parts are guaranteed for the period of the manufacturers guarantee.
WAIVER OF CONDITIONS
Any waiver of the aforementioned conditions must be signed by a director of the Company