Terms & Conditions
TERMS AND CONDITIONS FOR CUSTOMERS
1.1 These terms and conditions shall apply in respect of all goods and/or services we supply to you both specified overleaf and (in the absence of contrary agreement) in respect of any other goods supplied by us to you. Except to the extent that these terms and conditions and any relevant quotations are varied by mutual consent in writing they shall constitute the entire agreement between us and shall prevail over all other terms and conditions (whether express or implied) including your own terms and conditions.
1.2 In entering into this agreement, you acknowledge that our liability is limited in accordance with these terms and conditions and agree that the price payable for the goods has been calculated on the basis of our limited liability.
1.3 You agree that in entering into this agreement, you shall not rely on any representation, understanding or statement contained in any brochure, price list or sales literature or any other representation, (whether oral or in writing), which is not included or referred to in these terms and conditions.
1.4 You shall be responsible for ensuring the accuracy of the order for the goods placed and shall provide us with all information relating to the goods you require and shall supply all necessary information (including details of any design or plan) in sufficient time to enable us to supply the goods by any dates estimated for delivery of the goods. Risk of damage to or loss of any documentation or other items relating to any specification, design or plan supplied by you shall be yours even if in our possession.
PRICE & PAYMENT:
2.1 The price payable by you for the goods shall be the price set out overleaf where applicable, or, in the absence of a price being set out overleaf, the price agreed between us. If no price is set out overleaf or where we have not specifically agreed a price, the price for the goods shall be our prevailing standard prices at the time of delivery of the goods to you. Any quotes we send to you are only valid for 30 days unless otherwise specifically agreed in writing, but we may withdraw any quote at any time before it is accepted by you.
2.2 We may at any time before delivery of the goods to you increase the price of the goods to reflect any reasonable increase in our costs which is beyond our control or which is caused by any change to estimated delivery dates, quantities or specifications requested by you or any delay caused by you. In addition we may charge you for our out of pocket expenses which we reasonably incur and we shall on your request supply you with evidence of payment of such expenses.
2.3 Unless otherwise confirmed by us in writing, all prices given are exclusive of Value Added Tax, duties, insurance, carriage, set off or abatement.
2.4 We shall invoice you for the price of the goods on or at any time after your placing an order with us in accordance with these terms and conditions. At our discretion we may request that up to 100% of the price be paid prior to delivery and where such a request is made delivery will not take place until we have received cleared funds equal to the amount requested.
2.5 In the event that you hold an approved credit account with us you shall pay the price for the goods in full and in cleared funds by the end of the month immediately following the month of invoice, subject to a suitable credit limit being available.
2.6 You shall not be entitled to deduct any amount from the price for the goods by way of set off or counterclaim or for any other reason unless we have agreed the amount of any such deduction in writing.
2.7 In the event that you hold an approved credit account with us and you do not pay the price for the goods set out in our invoice in full and in cleared funds by the end of the month immediately following the month of that invoice, in addition to our other rights, we shall be entitled to bring an action against you for the price of the goods (even if property in the goods has not passed to you) and/or cancel the agreement between us and/or suspend any further deliveries to you and/or charge to you our costs (including legal and administration costs) in the recovery of outstanding monies and/or charge you interest on the outstanding amount at the rate of 2% per annum above the base rate of NatWest Bank plc calculated on a daily basis and this rate shall apply both before and after the issue of any legal proceedings we may take against you to recover any unpaid amount.
3.1 Delivery of the goods shall take place when made available to you at the Door and Joinery Solutions site at which you place your order unless otherwise agreed. The date for delivery indicated overleaf or otherwise notified to you is an estimate only and is not of the essence. If you do not collect the goods after notification of their availability or are unable to accept delivery (as the case may be) we will store them at your expense until the delivery is accepted. We will not be liable for any damage to the goods while they are in storage or transit.
3.2 Where we arrange for goods to be delivered to premises other than our sites as notified to us by you the goods shall be unloaded within one hour of arrival at that delivery address. If unloading is delayed beyond this time, for whatever reason, we reserve the right to charge a fee of £40 per hour or any sum charged to us by the hauliers whichever is greater.
3.3 We may deliver the goods to you in instalments in which case each individual instalment of the goods shall constitute a separate contract and our failure to provide any one or more of the instalments in accordance with these terms and conditions or any claim by you in respect of any one or more instalment shall not entitle you to terminate the contract as a whole. In the event that there are variations in quantity in any instalment you shall not be entitled to reject delivery and we may correct any variation in any subsequent instalment.
3.4 You agree and acknowledge that the quantity of the goods delivered may not conform exactly to the quantity of goods ordered as goods are sold in accordance with standard industry measuring practices and meterage intervals. However, subject to such variation allowances, the goods supplied to you will conform to the tally on the delivery note.
RISK & TITLE:
4.1 Risk in the goods will pass to you on delivery. Title in any goods supplied by us to you shall not pass to you until we have received all sums due to us from you howsoever arising.
4.2 Until ownership of the goods has passed to you, you will hold the goods on a fiduciary basis as our Bailee and keep them separately and marked clearly as belonging to us. We reserve the right to enter your premises and you shall grant us access to recover any goods supplied by us to you if payment is not made on the due date.
4.3 Until such time as all sums owing to us have been paid in full and in cleared funds you shall only be entitled to sell the goods as our agent in the ordinary course of your business and provided that they comply with any relevant terms implied by statute. You shall not have any authority to bind us to any contractual relationship with any third party and you shall hold all the proceeds of sale in a separate bank account and shall on request provide us with details of the account. You shall at our request assign to us any claim you have in respect of the goods against any third party to whom you sell the goods under the provisions of this clause
4.4 Until all sums owing to us have been paid in full and in cleared funds you shall properly store, protect and insure the goods against loss or damage and in the event of a relevant claim shall hold the proceeds of such insurance on our behalf as our trustees.
4.5 If you have not paid in cleared funds any invoice by the end of the month immediately following the month of that invoice, or if we are entitled to terminate the agreement pursuant to any other provision of these terms and conditions, your right to possession of the goods shall end. In such circumstances we shall be entitled to terminate the agreement and you shall at your expense make the goods available to us and allow us to repossess them and in such circumstances you hereby grant us, our agents and employees an irrevocable licence to enter at any time any premises where the goods are stored to enable us to repossess or inspect them. UNIT 3 G MANOR DRIVE SILEBY LEICESTER
GUARANTEE & LIMITATION OF LIABILITY:
5.1 Provided that the total price for the goods has been paid in full and in cleared funds on or before the due date for payment, we guarantee that the goods will be of satisfactory quality and fit for purpose at the time of delivery and for a period of 4 weeks following delivery provided that the goods have not been incorporated into other works, stained, treated or painted in which case, our guarantee shall cease at the time of such event. Except in respect of death or personal injury all other warranties, conditions or terms relating to fitness for purpose, quality or condition of the goods, whether express or implied by statute or common law or otherwise are excluded to the fullest extent permitted by law.
5.2 Except in respect of death or personal injury caused by our negligence we shall not be liable to you by reason of any representation (unless fraudulent) or any implied warranty, condition or other term or any duty at common law or under the express terms of this agreement for any loss of profit or any indirect or consequential loss, loss of goodwill, any destruction of data, damage, costs or expenses whether or not such losses were in the contemplation of the parties and at the date of this contract, which arise out of or in connection with the provision of the goods by us to you.
5.3 You shall inspect the goods on delivery and provide all details of any alleged shortfalls or defects in the goods and record such information on the delivery note. We shall not be liable to you in respect of any alleged defect not identified on the delivery note unless in circumstances where it is not possible to inspect the goods on delivery in which case, you shall notify us of any alleged defect within 3 days of the discovery of any alleged defect and in any event within 4 weeks of delivery of the goods. On reporting of any defect to us we may at our option replace or repair the goods or refund a proportion of the price paid for the goods.
5.4 Where there is an alleged defect in the goods you must reasonably satisfy us that the goods have been properly stored from the date of delivery in accordance with our recommendation and in accordance with good industry practice and allow us to inspect the goods as reasonably requested.
5.5 Except in respect of death or personal injury our entire liability pursuant to the agreement between us shall not exceed the amount of the price payable by you in respect of those goods which are defective. Where you are a consumer as defined in the Unfair Contract Terms Act 1977 your statutory rights remain unaffected by the restrictions on liability set out in these terms and conditions.
5.6 You agree to indemnify and hold us harmless for all liabilities, loss, claims and expenses that may arise from any breach of these terms and conditions by you, including any third party liabilities incurred by us.
5.7 We shall have no liability to you for any loss, damage, costs, expenses or other claims for compensation arising from any specifications or instructions supplied by you which are incomplete, incorrect, inaccurate or illegible, or arising from their late arrival or non-arrival, or any other fault of yours.
5.8 We shall not be liable to you or deemed to be in breach of the agreement for any delay in performing, or failure to perform any of our obligations in respect of the supply of the goods, if the delay or failure is due to any cause beyond our reasonable control including without limitation any action by a third party supplier.
6.1 We may terminate the agreement without penalty or compensation between us immediately if you become unable to pay your debts or enter into compulsory or voluntary liquidation (other than for the purpose of affecting a reconstruction or amalgamation in such manner that the company resulting from such reconstruction or amalgamation if a different entity shall agree be bound by and assume your obligations under these terms and conditions) or if you compound with or convene a meeting of your creditors or have a receiver or manager or an administrator appointed over your assets or cease for any reason to carry on business or take or suffer similar action which in our opinion means that you may be unable to pay your debts.
7.1 7.1 Any notice required to be given by either of us to the other shall be in writing addressed and posted first class to the relevant party's registered office or principal place of business and shall be effective on the third day of posting.
7.2 7.2 No waiver by us of a breach of any provision in these terms and conditions by you shall be considered as a waiver of any subsequent breach of the same or any other provisions.
7.3 7.3 If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions and the remainder of the provision in question shall not be affected.
7.4 7.4 The Contracts (Rights of Third Parties) Act 1999 shall not apply to the agreement between us.
7.5 These terms and conditions shall be governed by the laws of England.
General Data Protection Regulation (GDPR)
8.1 Door & Joinery Solutions Ltd does not pass on any of your information to third parties.
8.2 This basic information has been retained on our secure network, which has limited access internally and no access externally. Information provided by you is held in a secure environment in accordance with GDPR.
8.3 If you no longer wish for us to retain your information, please email email@example.com to confirm you wish to be deleted from our records.
Returns and Refunds
Our internal and external wooden fire doors, frames and bespoke joinery products are all made to customers order specification and sizes as requested and as such cannot be returned or refunded.