- BASIS OF SALE
- These Standard Conditions of sale govern all contracts for
the sale of the Company's goods or the Supply of its
Services
- Variation of these conditions shall only be binding when
agreed in writing by the Company.
- 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.
- PRODUCT DESCRIPTION
- All metal garage doors supplied by the Company come in primer
or powder coat primer unless otherwise stated.
- All cedar wood and timber doors must be preserved in
accordance with the manufacturers' instructions upon the
delivery.
- ORDERS
- 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.
- 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:
- the presence of low beams
- gas/electric meters on the sidewalls
- uneven floors or walls being out of plumb and
- similar obstructions which would impair the normal fitting
and path of travel of the garage door purchased
- colour, colour match and design of the door
- Quotations are not offers and may be withdrawn or revised at
any time before acceptance of an order by the Company.
- 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.
- Exception to the right to cancel in The Consumer Protection
(Distance Selling) Regulations 2000, Statutory Instrument 2000
No. 2334 Para 13. - (1)(c) The consumer will not have the right
to cancel the contract by giving notice of cancellation pursuant
to regulation 10 in respect of contracts for for the supply of
goods made to the consumer's specifications or clearly
personalised or which by reason of their nature cannot be
returned.
- SALE OF SPARE PARTS
- 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.
- 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.
- PRICE AND PAYMENT
- All prices quoted are based on current price lists for the
goods and are only valid for 30 days.
- The Company reserves the right to increase the price of goods
or services to reflect any increase in cost to the Company.
- Prices exclude Delivery and VAT unless otherwise
specified.
- All goods are ordered on a supply only basis.
- 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.
- DELIVERY
- The Customer must make themselves or their Agent available to
take delivery. The Agent must be over 18 years of age.
- The Customer must thoroughly check the condition of the goods
at the time of delivery.
- 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.
- 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.
- 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 redelivery
cost.
- Every effort is made to deliver goods by the estimated
delivery dates given. Due to constantly changing stock levels at
the manufacturers, production processes and delivery logistics
any delivery or installation dates given are approximate only and
the Company accepts no liability for any such delay.
- INSTALLATION
- All garage doors, remote controls and spare parts are sold on
a supply only basis, unless otherwise agreed in writing.
- 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.
- If the installation is agreed in writing to be performed by
the Company:
- 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
- the Company shall not be responsible for the removal or
taking away and disposing of any old doors, and
- 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.
- 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.
- 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.
- 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.
- FORCE MAJEURE
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.
- LAW
The contract shall be governed by English law and the
parties submit to the exclusive jurisdiction of the English
Courts.
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