- Every contract of sale or installation of our goods is subject to these Conditions unless otherwise expressly agreed by us in writing.
- All other conditions and warranties, whether implied by common law or trade usage or expressed by you in your Conditions of Order or otherwise are hereby excluded.
- No contract shall exist between us until a written order based upon our quotation has been received from you or a deposit has been paid by yourselves towards the cost of the invoiced goods.
- Except as expressly provided in these Conditions, we shall not be liable for any direct or indirect loss or damage to persons or property, howsoever arising from the sale or installation of our goods or any defect in them.
- The Company shall not be liable for any consequential or special loss arising out of any breach of condition, warranty or contract on the part of the Company in respect of the Goods.
- Any contract between us shall be governed in all respects by the Law of England.
- Any goods supplied by us may only be returned by official authorisation. We will not accept returns due to incorrect ordering, special stock or bespoke items. We will, at our own discretion and by prior agreement accept returns of other stock but a restocking fee will be charged.
- Any amendments to an order must be made in writing to us, so that we can re-issue an order confirmation which will in turn be signed and returned to us prior to commencement of manufacture. If an order needs to be cancelled, the cancellation must be received in writing and prior to commencement of manufacture. Cancellations verbally or during or after goods have been made cannot be accepted. An invoice will be raised upon completion of manufacture and payment will be required by return.
- If after the date of contract, the cost to us of any labour, materials, supplies or carriage is increased, or we incur an increase in costs because of a change in statutory obligations, or global steel prices, we have the right to make a corresponding increase in our price to you.
- Our price to you may also be increased if any work has to be suspended or altered because of your instructions or lack of instructions, or lack of the following installation site facilities:
- A door opening prepared strictly in accordance with details supplied by us.
- Clear access to the site.
- Storage facilities for the goods and our installation equipment.
- Adequate lighting, water and electricity.
3. Title of Goods
This condition will take precedence over any subsequent ‘Title’ condition imposed by you.
- Title in the goods will not pass to you until all sums of money, howsoever arising, due to us by you have been paid in full.
- Until property in the goods passes to you, the goods, howsoever situated, shall remain our exclusive property and shall be recoverable by us in part re-payment of any outstanding indebtedness by you to us
- We have full right to enter and remove goods from a property where the goods have been fixed to the property and have not been paid for.
- We will use every reasonable effort to despatch goods or carry out installation work within any time agreed with you.
- Delay in doing so shall not, however, amount to a breach of contract unless:
- The delay is unreasonable in length and
- Is caused by an event other than war, fire, Act of God, stoppage of our workman, breakdown in machinery, prohibition or restriction of a competent authority, failure by any person to deliver plant, machinery, materials or components to us, or any other event beyond our reasonable control.
5. Terms of Payment
- Where we are not installing the goods, the price, including any carriage, insurance and freight charges, must be paid prior to delivery.
- Where we are installing the goods, the cost will be invoiced on receipt of your order with a 50% deposit requested with your order and the balance on completion of the installation.
- If delivery is deferred beyond the contract date at your request, we will render our account on the contract date for the value of the work done.
- We reserve the right to charge interest on overdue accounts at the rate of 2% per calendar month pro rata.
- We will repair or at our option replace any goods sold by us to you which are:
- Shown to our reasonable satisfaction to have become defective within 12 months from the date of purchase and
- Returned to us carriage paid immediately the defect is discovered.
- or if installed by us within 12 months from the date of completion of installation
- “Defective” goods are those which under correct usage, do not function properly because of a fault in materials, workmanship, design or installation.
- When goods are returned to us and on our inspection are found not to be defective, we may make a reasonable charge for inspection and handling, and you will pay the cost of return carriage.
- Where we have supplied a product with an internal defective component (i.e. locks and internal mechanisms) we will only replace the defective component within the product.
Although we make every effort to ensure that any advice given to you concerning the installation, suitability and use of our goods is sound, we do not accept any liability for any use that may be made of it.
- Any drawings, dimension, descriptions and illustrations contained in our advertising material or otherwise submitted to you are merely intended to provide a general idea of the goods, and do not form part of any contract unless otherwise agreed.
- Any drawings or specifications concerning the goods submitted to you shall be treated as strictly confidential by you and shall be returned to us immediately on request. You may, however, use them in quotations which you may make to your prospective customers.
If after the date of contract, improvements are made in the design or construction of our goods, we may incorporate these without reference to you provided that:
- The quality of the altered goods is no less than the contract goods.
- Delivery is not delayed.
- The price is not altered.
- Where we are not installing the goods, delivery is ex our works, and all risks then pass to you. At your request and expense, we will, however, arrange carriage, insurance and freight.
- Delivery to your chosen address will be made upon your request, and unloading the goods are your responsibility. Steel doors are heavy products and will require a forklift offload – if you do not have a forklift available, please let us know prior to delivery for us to assess the implications. We may in some circumstances be able to arrange for a tail-lift delivery if the consignment is of suitable size. If the consignment is too large for a tail-lift delivery, you will be expected to offload by hand or by other means.
- Where we are installing the goods, all risks pass to you on completion of the installation.
Where the terms of the quotation include to be undertaken by us on your premises or on a third party’s premises, you shall indemnify us against all liability for the breach of any duty imposed (whether by statute, order, regulation, bye-law or common law) upon the occupier of the premises or upon the employer of persons employed on the premises in respect of:
- The conditions of the premises.
- The means of access to any place of work.
- The suitability and condition of any plant, equipment of appliance used in the premises and not provided by us that this indemnity shall not extend to liability directly resulting from the act of default of any person employed by us.
Version: 41100 – Issue 1