Aluminium Hatches
Residential Doors
Terms & Conditions
1 DEFINITIONS
In this document the following words shall have the following meanings:
1.1 "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.2 "Customer" means any person who purchases Goods and Services from the Supplier;
1.3 "Goods" means the articles specified in the Proposal;
1.4 "Proposal" means a statement of work, quotation or other similar document describing the Goods and Services to be provided by the Supplier;
1.5 "Services" means the services specified in the Proposal;
1.6 "Supplier" means AllGlass Systems Limited of Unit F8, Halesfield 23, Telford, Shropshire, TF7 4NY;
1.7 "Terms and Conditions" means the terms and conditions of supply set out in this document and any special terms and conditions agreed in writing by the Supplier.
2 GENERAL
2.1 These Terms and Conditions shall apply to all contracts for the supply of Goods and Services by the Supplier to the Customer and shall prevail over any other documentation or
communication from the Customer.
2.2 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Supplier.
2.3 Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Supplier may be entitled in relation to the
Goods and Services, by virtue of any statute, law or regulation.
2.4 Nothing in these Terms and Conditions shall affect the Customer's statutory rights as a Consumer.
3 THE ORDER
3.1 The Proposal attached to these Terms and Conditions shall remain valid for a period of 90 Days from written date (displayed overleaf below letter heading).
3.2 The Customer shall be deemed to have accepted the Proposal by placing an order with the Supplier ("the Order") within the period specified in Clause 3.1.
3.3 All Orders for Goods and Services shall be deemed to be acceptance of the Proposal pursuant to these Terms and Conditions.
3.4 Any quotation submitted by us does not constitute a binding offer and any order resulting from a quotation is subject to acceptance in writing by us.
4 PRICE AND PAYMENT
4.1 The price for the Goods and Services is as specified in the Proposal and is Exclusive of VAT unless stated otherwise. VAT will be charged at the current rate at date of invoice.
4.2 Payment of the price shall be strictly within 30 days net from date of invoice unless stated otherwise in the Proposal. These terms are available to customers who can provide
satisfactory credit references. Credit will be provided or removed at the discretion of the Supplier.
4.3 If the Customer fails to make any payment within 60 days from date of invoice, the Supplier shall be entitled to charge interest at the rate of 5% per month on the outstanding
amounts.
4.4 When an order is despatched or installed in separate phases each consignment will be invoiced separately, unless expressly agreed otherwise. We shall be entitled to withhold
further deliveries or cease installation and retract from site until payment has been received in full. Ownership of the goods shall remain with the Supplier until payment has been
received in full even if they have been connected to other structural items.
5 DELIVERY
5.1 The date of delivery specified by the Supplier is an estimate only. Time for delivery shall not be of the essence of the contract and the Supplier shall not be liable for any loss,
costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods.
5.2 All risk in the Goods shall pass to the Customer upon delivery and or installation.
6 TITLE
Title in the Goods shall not pass to the Customer until the Supplier has been paid in full for the Goods.
7 CUSTOMER'S OBLIGATIONS
To enable the Supplier to perform its obligations the Customer shall:
7.1 co-operate with the Supplier;
7.2 provide the Supplier with any information reasonably required by the Supplier;
7.3 obtain all necessary permissions, licenses and consents which may be required before the commencement of the services, the cost of which shall be the sole responsibility of the
Customer; and
7.4 comply with such other requirements as may be set out in the Proposal or otherwise agreed between the parties.
7.5 The Customer must satisfy himself that any specification provided allows conformance with such statutory instruments and regulations as are applicable.
8 SUPPLIER'S OBLIGATIONS
8.1 The Supplier warrants that the Goods will at the time of delivery correspond to the description given by the Supplier.
8.2 The Supplier shall perform the Services with reasonable skill and care and to a reasonable standard in accordance with recognised standards and codes of practice.
8.3 The Supplier accepts all responsibility for the condition of tools and equipment used in the performance of the Services and shall ensure that any materials supplied shall be free
of defects.
8.4 In addition to the Customer's statutory rights, the Supplier guarantees all Goods against faulty workmanship and materials for a period of twelve months from the date of delivery
unless expressly agreed otherwise.
8.5 Specific product warranties will be made available by the Supplier on request.
9 CANCELLATIONS AND REFUNDS
9.1 Where the Goods are faulty or do not comply with any of the contract, the Customer must notify the Supplier in writing within 5 days of delivery and the Customer shall be entitled
to replacement Goods or a full refund. If the Customer fails to give such notice the Goods shall be deemed to be in all respects in accordance with the contract and the Customer
shall be bound to accept and pay for the same accordingly and any claim against the Supplier shall be rendered void.
9.2 The Customer may cancel an Order by notifying the Supplier in writing within 48 hours of placing an Order and any deposit paid will be refunded in full provided that goods have
not been processed and or manufactured. If the Supplier has contracted to a third party for the supply of the goods or services then the Customer will be liable for any costs incurred
by the Supplier.
9.3 If the Customer fails to cancel the order within the time specified in Clause 9.2 any deposit paid may not be returnable.
10 LIMITATION OF LIABILITY
10.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury, however the Supplier shall not be liable for any direct loss or
damage suffered by the Customer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price for the Goods and Services.
10.2 The Supplier shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit, consequential or other economic loss
suffered by the Customer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
10.3 For the avoidance of doubt, time shall not be of the essence and the Supplier shall incur no liability to the Customer in respect of any failure to complete the Services by any
agreed completion date.
11 LIABILITY FOR DEFECTS
11.1 Goods alleged to be defective following delivery must be returned immediately the defect is discovered and in any event within twelve months from date of delivery and or
installation. If the Supplier agrees that they are defective the Supplier has the option of replacing or repairing them free of charge or, again at the Suppliers option, give credit for
them provided always that the purchaser shall return the goods to the Supplier in the same condition in which they were delivered.
11.2 Goods alleged to be defective following installation by the Supplier must be reported to the Suppliers office in writing within 48 hours. The Supplier excepts no responsibility for
any defects following this period. Where goods are alleged to be faulty the Supplier reserves the right to inspect the goods and investigate the cause. Goods that are found to be
faulty will be repaired or replaced without charge. Where goods are found to have been damaged, broken, misused or neglected the Supplier will require a written purchase order to
rectify the defect. By rectifying the defect the Supplier by no way accepts liability for the cause of the said defect.
11.3 The Supplier accepts no liability for damage to property arising directly or indirectly from any defects in the goods or for any consequential loss or damage or any costs or
expenses incurred or sustained by the purchaser or other persons in connection with such goods prior to or subsequent to such defects becoming apparent.
12 ADDITIONAL WORKS
12.1 The Supplier will not undertake any additional works or supply any additional products or services without a written purchase order. The purchase order must be received by the
Suppliers office before any additional work, products or services are supplied.
13 FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including
but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply,
and the party shall be entitled to a reasonable extension of its obligations.
14 SEVERANCE
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed
and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision
eliminated.
