Terms & Conditions
Aluminium Door & Window Solutions Ltd
Unit A Blackbrook Business Park
Hants PO15 5DR
Aluminium Door & Window Solutions Ltd
Terms & Conditions of Sale
- In these Terms & Conditions of Sale ‘us’ and ‘our’ means Aluminium Door & Window Solutions Ltd and ‘your’ and ‘you’ means the person, or, if you are a partnership any/all of the partners, firm or company with whom we contract.
- These Terms & Conditions of Sale apply to and govern any contract between ourselves to the exclusion of any other conditions contained on, or in any letter, order form, receipt or similar document originating from you. No variation of these Terms & Conditions of Sale shall be effective unless agreed by us in writing.
- An order by you in terms inconsistent with these Terms & Conditions of Sale shall not form part of any contract.
- All prices are subject to change without notice in the event of changes in the cost of material, labour, specifications, quantities, delivery schedules, other factors beyond our control or in the event of delays caused by your instructions or your failure to provide adequate information. Prices quoted do not include taxes, including but not limited to value added tax (VAT).
- Payment for the goods or services will be due in pounds sterling.
- Payment is due on placement of order for non-account customers or in accordance with the terms offered.
- Payment for account customers’ will be strictly 28 days from end of invoice month.
- You shall be liable to pay interest on the amount due, calculated on a daily basis from the due date until the actual date of payment at 3% above the base rate of the Bank of England.
- If you pay any amount to us without apportionment between specific debts or liabilities, it shall be apportioned, as we think fit.
4 Illustrations and Dimensions
- All descriptions, drawings, samples and other information contained in brochures, catalogues, price lists, advertising matter, marketing materials and other trade literature are approximate and only intended to indicate the general character of the goods.
- The dimensions of goods are subject to manufacturing tolerances customary within the trade. Dimensions contained in quotations, acknowledgements or orders or catalogues, price lists, advertising matter, marketing materials and other trade literature are therefore approximate only.
5 Substituted Goods
- We reserve the right to substitute goods, which are similar to the goods ordered by you, provided that such substituted goods are no less suitable for the purpose for which they are generally used than the goods ordered by you.
- You shall not cancel the contract without consent, which if given, shall be deemed to be on the express condition that you shall indemnify us against all loss, damage, claims, expenses and actions arising out of such cancellation unless otherwise agreed in writing.
- Delivery shall be to your normal place of trade or residence unless otherwise specified and agreed.
- We reserve the right to make additional charges for deliveries made on your behalf to premises other than your normal delivery address.
- You shall be responsible for unloading the goods at the point of delivery and for loading goods collected by you or your carrier from our premises.
- While we will take all reasonable steps to meet any delivery date requested, we cannot be held responsible for any loss or damage whatsoever caused by late delivery and you shall not be entitled to reject goods for late delivery.
- If you fail to take delivery at the time required by the contract we shall be entitled to treat the contract as at an end and to invoice the goods, in which case payment in full shall become due in accordance with the provisions specified in Condition 3.
- All goods must be collected or delivery arranged within 28 days of original requested date. Any goods held after 28 days from original requested date will be disposed of.
- Subject to our giving notice, we have the right to suspend delivery of goods when payment is overdue for goods previously supplied under this or any other contract.
- You agree to allow our site surveyor, installer or other designated representative access to the installation address at reasonable times so that we may undertake a detailed survey report if required. You will also similarly allow access for the purpose of installation.
- You are bound by the contract to have the installation completed as soon as all necessary parts/goods have been ordered/manufactured and we have informed you that we wish to install the goods. If you wish to delay the installation by more than 28 days after having been informed that the goods are ready, the full and total price will be due. The products will then be stored for no longer than two calendar months after which time they will be delivered to your premises.
- The risk of the goods contracted to be sold by us shall pass to you when the goods are delivered to you or collected by you.
10 Data Protection
- For the purposes of this clause ‘data’ means any information, which we or our accountant may hold about you (whether or not provided by you) including (without limitation) information about your credit worthiness and transactions, which we have entered into with you.
- We shall pass data to our accountant and they will hold it for the purposes assessing your suitability for credit and in order to know the state of your account.
- Our accountant may also obtain data from and pass data to credit reference agencies and other parties who may grant you credit.
- Our accountant may pass data to their bankers, solicitors, accountants and insurers for the purpose of the services provided by them to our accountant. Our accountant may also use data for training and marketing purposes and for such purposes may monitor and/or record telephone calls between you and our accountant.
- If you wish to know the identity of our accountant to whom data has been passed, please contact us, and we will be able to pass this information to you. If you wish to receive a copy of the information we hold about you, please apply in writing. A charge may be made for the provision of these details.
11 Limitation and Liability
- Where it is established to our satisfaction that goods have been damaged or lost in transit, we will at our cost, replace same, provided that you do so in writing within 2 working days of delivery, or our despatch note is duly signed by your representative and indicating thereon a shortage of or damage to the goods.
- If we (acting reasonably) are satisfied that any goods supplied and/or fitted by us are defective as to material or workmanship not caused wholly or partly while at your risk by wilful default, accident, improper storage or use or failure to follow instructions and providing that the goods have not been dismantled, altered or subjected to attempted repair, our liability shall be limited to making good the defect without charge or repairing or replacing the goods or (at our discretion) refunding all or part of the price provided that the goods are returned to our premises carriage paid within 10 working days of delivery or installation.
- We will make good any damage caused in the course of installation to plaster, floor, rendering or brickwork immediately surrounding any window or door installed by us but not undertake to repair damage to surrounding tiling, wallpaper or paintwork or to remove any panels intact or glass or frames from old windows required to be retained by you (due care will obviously be taken). We will ensure that any making good will match existing finishes but we shall not be liable for non-matching due to weathering or aging of existing materials. We accept no responsibility for any damage resulting from pre-existing structural or other defects in the property at which the installation is carried out.
- Our obligations and liabilities to you arising out of or in connection with the goods shall be limited to those expressly set out in these conditions together with those, which are implied or imposed by law to the extent that they cannot be limited, restricted or excluded by law. You hereby acknowledge that this is reasonable and reflected in the price and shall accept the risk and/or insure accordingly.
- Where we supply glass, the goods supplied will conform to the relevant Visual Quality Standard of the Glass and Glazing Federation.
- We will manufacture all windows and/or doors square to specification. Where your sub frame or brickwork is out of square, we will use a filler at time of installation. Any additional cover beads or architrave will be of uPVC or other material at the discretion of our site surveyors.
12 Consequential Loss
- Without prejudice to the generality of the foregoing provisions, we shall not in any event be liable to you for any indirect or consequential loss, damage or expense.
13 Governing Law
- This contract shall be governed by and construed in accordance with the laws of England and Wales and both parties thereby agree to submit to the jurisdiction of the Courts.