TERMS & CONDITIONS OF SALE
Unless fixed prices have been expressly agreed, prices are subject to revision without prior notice. Except where expressly stated all prices quoted are exclusive of VAT and main contractor’s discount.
All quotations given will remain valid for a period of 30 days. Thereafter, our offer is subject to confirmation, and we reserve the right to amend or withdraw our quotation.
Unless credit terms have been agreed, payment is due on delivery. A deposit may be required when placing an order. We regret that we cannot accept cheque payments from non-account customers unless the funds are cleared prior to delivery/collection. Where credit terms have been agreed, payment is due by the last day of the month following delivery. 5% interest per month is charged on overdue accounts.
DELIVERY, SHORTAGES, DAMAGES & DEFECTS
Delivery dates are estimates and given in good faith. Unless expressly agreed delivery is at our premises. A charge may be made for storage of any goods which cannot be accepted on the agreed delivery date. A charge may also be made for any expenses incurred for special delivery dates/time which are subsequently altered. Any claim for shortages or damage must be noted and reported in writing within two days of delivery.
This clause sets out our entire financial liability (including any liability for the acts or omissions of our employees, agents and subcontractors) to the customer in respect of:
a) any breach of the contract however arising;
b) any use made or resale of the goods by the customer, and
c) any representation, statement or tortuous act or omission (including negligence) arising under or in connection with the contract.
Nothing in the contract shall limit or exclude our liability for:
a) death or personal injury resulting from negligence; or
b) fraud or fraudulent misrepresentation; or
c) breach of the terms implied by section 12 of the Sale of Goods Act 1979;
Without prejudice to the preceding paragraph 2 we shall not under any circumstances whatever be liable to the customer, whether in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, for any:
a) loss of profit; or
b) loss of goodwill; or
c) loss of business; or
d) loss of business opportunity; or
e) special, indirect or consequential damage suffered by the customer that arises under or in connection with the contract.
Without prejudice to paragraph.2 our total liability arising under or in connection with the contract, whether arising in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, shall in all circumstances be limited to the price of the goods supplied under the contract.
Except where expressly stated to the contrary, the customer will be deemed to have satisfied itself that the goods being purchased are suitable for the intended purpose and for use in the proposed location. Without prejudice to paragraph 2 we are not liable for any losses resulting from unsuitability of goods chosen by the customer. We must be expressly notified if items are intended for external use.
We accept no responsibility for:
a) the cost of contractors engaged in fitting the goods or moving or adjusting the same
b) damage to joinery caused by it being installed in buildings which have not adequately dried out
c) damage to joinery caused by it being subjected to excessive conditions of heat and humidity either in its installed location or in storage by the customer prior to installation – all external items must be fully coated and sealed within 24 hours of installation.
RETENTION OF TITLE
Risk in the goods will pass to the customer on delivery to the customer or the customer’s carrier or nominee.
Title in the goods will not pass until they have been paid for.
Goods shall be stored separately and identifiably until paid for.
The Supplier shall be entitled to recover possession of its goods (and enter onto the site or the premises of the customer for that purpose) if they are not paid for by the due date.
Any stock items accepted for refund will be subject to a 15% restocking charge.
ACKNOWLEDGEMENT OF ORDER & AMENDMENTS
Acknowledgements of order must be checked and any amendments advised in writing within 24 hours. Any amendments or cancellation of order for whatever reason after payment of deposit, a site visit has been done or drawings have been produced for approval, must be in writing. This will be attended to if not too late in the progress of manufacture. A charge may be applied for cancellation or amendments depending on the current progress of the order at that time – including wasted cost of any special materials procured for that order and/or wasted time and any deposits paid will be non-refundable.
All glass is measured after stairs and landing handrail have been installed and to the layout and positions as on site at time of measuring. All glass is supplied in accordance with the manufacturers’ tolerances typically +/- 1%) which may result in slight differences between the opening and the finished glass sizes. We cannot be held responsible for any damage to glass (scratches or breakage) once delivery of the glass has been accepted and signed for.
Fabrications are also subject to +/- 1% variance from quoted dimensions.
We will not be liable for any failure to supply any part or all of the order if our failure is caused by circumstances beyond our control.
Unless noted otherwise, our stairs will comply with current British building regulations for domestic situations. The client is responsible for obtaining all necessary licence permits or authorities etc. required in connection with the execution of the work and for all charges arising there from.
Unless specified otherwise, landing boards, bearers & brackets are not included.
STAIR FIXING INSTRUCTIONS
A copy of BS585 Part 1 1989 ‘Site fixing of stairs’ is available upon request.
The contract between us shall be governed by and construed in accordance with the laws of England. Unless otherwise agreed in writing, these conditions shall apply to all contracts irrespective of the customer’s terms and conditions.