1. BASIS OF SALE
a. These Standard Conditions of sale govern all contracts for the sale of the Company’s goods or the Supply of its Services.
b. Variation of these conditions shall only be binding when agreed in writing by the Company.
c. The Company’s Employees or Agents are not authorised to make any representations concerning the goods or services unless confirmed by the Company in writing.
2. PRODUCT DESCRIPTION
a. All metal garage doors supplied by the Company come in primer or powder coat primer unless otherwise stated.
b. All cedar wood and timber doors must be preserved in accordance with the manufacturers instructions upon the delivery.
a. The Customer shall be responsible for the accuracy of the information and the sizes given to the Company for its Goods and supply of Services.
b. Whilst every effort is made to advice the Customer as to the size, mechanism, type etc of the door needed to fit their garage, no responsibility is taken by the Company if measurements and information given by the Customer is inaccurate, non-specific or incomplete. This includes but is not limited to:
i. the presence of low beams
ii. gas/electric meters on the sidewalls
iii. uneven floors or walls being out of plumb and
iv. similar obstructions which would impair the normal fitting and path of travel of the garage door purchased
v. colour, colour match and design of the door
c. Quotations are not offers and may be withdrawn or revised at any time before acceptance of an order by the Company.
d. Any order that has been accepted by the Company may only be cancelled or amended by the Customer with the written agreement of the Company and on terms whereby the Customer shall indemnify the Company in full against any loss incurred as a result of any such cancellation.
4. SALE OF SPARE PARTS
a. All spare parts ordered ex stock from the Company may only be returned if unopened. A re-stocking charge of £12.50 + VAT will be levied.
b. All spare parts specially ordered by the Company for a Customer with the manufacturer may only be returned if unopened.
A re-stocking charge of 50% of the total invoice value of the goods will be levied plus a £12.50 + VAT restocking charge.
5. PRICE AND PAYMENT
a. All prices quoted are based on current price lists for the goods and are only valid for 30 days.
b. The Company reserves the right to increase the price of goods or services to reflect any increase in cost to the Company.
c. Prices include Delivery and VAT unless otherwise specified.
d. All goods are ordered on a supply only basis.
e. All garage doors are specially made to order and must be paid for in full at the time of placing the order unless otherwise agreed by the Company.
a. The Customer must make themselves or their Agent available to take delivery. The Agent must be over 18 years of age.
b. The Customer must thoroughly check the condition of the goods at the time of delivery.
c. Goods cannot be signed for as “unchecked” or “unexamined”. If any damage is noted, this must be written as clearly and as accurately as possible onto the delivery note.
d. Notice of any damage must also be given to the company on the same day by telephone and in writing within 24 hours. Damaged goods must remain unused and unfitted, and stored carefully complete with any packaging until the Company or its agent is able to examine the goods.
e. If the Customer fails to take delivery of the goods or fails to give the Company adequate delivery instructions then the Company may arrange to store the goods and charge the Customer for the reasonable costs of such storage and re-delivery cost.
a. All garage doors, remote controls and spare parts are sold on a supply only basis, unless otherwise agreed in writing.
b. All garage doors, remote controls and spare parts must be fitted in accordance with the manufacturer’s fitting instructions and no responsibility is taken by the Company for these installations.
c. If the installation is agreed in writing to be performed by the Company:
i. the installation costs specified cover only the work specified and do not, unless expressly stated, include rectification of existing out of square openings or removal or disconnection of old doors and fittings or electricity or gas fittings or the like, and
ii. the Company shall not be responsible for the removal or taking away and disposing of any old doors, and
iii. whilst all reasonable care will be taken while drilling and fixing, the Company and its installers shall not be responsible for the failure from any cause whatsoever of any masonry or rendered surfaces while drilling or fixing.
8. REPLACEMENT UNDER WARRANTY
All replacement goods under warranty that have been sold on a supply only basis which have already been fitted by the Customer will be replaced on a supply only basis. If the manufacturer of the door chooses to install the replacement it is only by their goodwill.
9. OWNERSHIP AND RISK
The goods shall remain the property of the Company as legal and equitable owner and no property in them shall pass to the Customer until their full price has been duly paid to and received by the Company together with all other sums whatsoever which are or may become due from the customer.
10. THIRD PARTY LIABILITY
The Company shall not be responsible for damage, injury or loss of any kind whatsoever to any property or persons arising from the use of the goods or in connection with the installation of the same.
11. DELAY AND FORCE MAJEURE
a. Any delivery or installation dates given are approximate only and the Company accepts no liability for delay arising from any cause whatsoever.
b. The Company shall not be liable to the Customer or be deemed to be in breach of the contract by reason of any delay in performing, or failure to perform, any obligation of the Company under the contract if such delay or failure was due to any cause beyond the Company’s reasonable control including (but not limited to) Act of God, explosion, flood, tempest, fire, accident, war, threat or hostilities, sabotage, civil disturbance, acts and regulations of any authority, import or export regulations, industrial disputes, difficulties in obtaining materials or labour, power failure or machinery breakdown.
The contract shall be governed by English law and the parties submit to the exclusive jurisdiction of the English Courts.