ABL Doors & Windows Ltd Terms And Conditions
(A1) 'The Company' means ABL Doors & Windows Ltd. and shall include any principal agent successor or assignee of the same and 'the Customer' means the person, firm or company to whom a quotation is addressed or whose order is accepted by the Company and 'the goods' means the product of the Supplier which is the subject of such quotation or order.
(A2) All prices quoted by the Company are based upon these Conditions of Sale and reflect the limitations upon the Company's liability which they contain. Should any customer wish to contract with the Company otherwise than on the terms of such Conditions of Sale special arrangements can be made and a revised price quoted by the Company.
(A3) In the absence of any such special arrangement (which shall not bind the Company unless made in writing and signed on the Company's behalf by a person duly authorised for that purpose) all quotations given and all contracts made by the Company and any additions or amendments thereto shall be subject to these Conditions of Sale which supersede and shall be taken to override any terms or conditions proposed or stipulated by the Customer.
(A4) No agent or salesman of the Company has authority to give any guarantee or warranty on behalf of the Company or to transact business other than on the (unamended) terms of these Conditions of Sale.(B) No binding contract is created until an order is accepted by the Company and all prior correspondence or oral communications are to be regarded as superseded and not forming part of the contract. Prices quoted are subject to revision for errors and omissions at any time.(C) The term 'agent' as applied to those persons firms or companies either in the United Kingdom or elsewhere with whom the Company has made arrangements for the sale of its goods is a nominal one, and indicates only that they are local representatives appointed for the convenience of customers and through whom enquiries or orders may be received and dealt with by the Company. They are not authorised by the Company to incur any liability, give any guarantee or warranty, make any representations or transact any business whatsoever on behalf of the Company other than the offering for sale of the Company's goods upon the terms of these Conditions.(D) All drawings, descriptive matter, price lists or advertisements, whether or not supplied with this quotation or tender are approximate only and intended merely to give a general idea of the goods described therein and shall not form part of the contract. The Company offers its designs for the Customer's approval. Unless supplied or approved by the Company it undertakes no responsibility for sites or foundations, or for any framework or support, or for compliance with any local bye-laws or statutory regulations, or for the fulfilment of any special requirements which the Customer may be bound to observe or fulfil. Copyright in any such items as are referred to shall remain with the Company.
The implied undertakings as to title etc. set out in Section 12 of the Sale of Goods Act 1978 shall be express terms of the contract between the Company and the Customer.
(G1) Unless a quotation or tender has been submitted the price of the goods shall be the price ruling at the date of dispatch notwithstanding any price specified in any order or order acceptance.
(G2) If a quotation or tender has been submitted by the Company it will accept orders which are received within the time limit specified therein at the price stated in that quotation or tender.
(G3) The price of the goods shall be subject to the addition of value added and other taxes and the cost of any special packing required by the Customer.
(G4) Any increase in costs or expenses arising from any act or omission or any special requirements of the Customer or any modifications made at the Customer's request may, at the Company's option, be charged to the Customer.
(G5) A delivery charge will be payable where the order value is less than the minimum order value required at time of ordering as stated in the Company's "Delivery Charges" document, available on request. The Seller shall determine the route and method of carriage and any special requirements of the Buyer shall be subject to an additional charge.
(H) The Company reserves the right to constantly review its products and to alter and improve the specifications or dimensions of the components or materials used to substitute other components or materials of similar strength, specification, dimensions or quality, either when the components or materials specified are not readily available or the Company considers that the substituted components or materials are a reasonable alternative or improvement to the components or materials specified.
(I1) Any time or date for the dispatch or delivery for goods or for the completion of work whether specified in the Company's quotation or otherwise given by the Company shall be taken as an estimate made by the Company in good faith but shall not be binding upon the Company either as a term of the contract or otherwise. In no circumstances shall the Company be liable for any loss or damage sustained by the Customer in consequence of failure to deliver within such time or by such date or in consequence of any other delay in delivery however caused.
(I2) Unless otherwise agreed in writing delivery shall be made at the premises specified by the Customer or the Customer's carrier. Subject to Condition I (4) the risk in the goods shall pass to the Customer upon delivery. It is the Customer's responsibility to dispose of all packaging after delivery.
(I3) The Company may deliver the goods in installments and separate contract upon the terms of these Conditions of Sale.
(I4) If delivery of the goods is delayed through any act or omission of the Customer, the Company may put the goods into storage at the Customer's risk and expense.
(I5) The Customer undertakes to inspect the goods upon delivery and shall be deemed to have accepted the goods upon the earlier of payment in full for the same or one month after delivery if it has not notified the Company of its refusal to accept the goods prior to such date.
(J) Loss or Damage in transit
(J1) The Company shall not in any event be liable for any loss of or damage of the goods whilst in transit unless written notice thereof is given to the Company by the Customer (a) in the case of loss from or damage of goods delivered to the Customer within 3 days of the date of delivery and in addition the Customer must indicate in writing on the Company's copy of the delivery note, the nature of the loss or damage complained of or (b) in the case of goods not delivered within 7 days of the date upon which the Customer is notified that the goods have been consigned for delivery. Provided that if the Customer proves fi) that it was not reasonably possible for the customer to give such notice to the Company within the appropriate period and (ii) that notice was given within a reasonable time the Company shall not be entitled to rely on the time limits stipulated by this Condition.
(J2) The Company shall not in any event by liable for any loss of or damage to the goods where the goods are transported by an outside freight carrier unless the Customer has complied in all respects with the freight carrier's conditions of carriage for notifying claims for loss or damage in transit.
(J3) Any liability which the Company may incur for loss of or damage to the goods whilst in transit shall in no case exceed the invoice value of the goods and in no circumstances shall the Company be liable for any indirect or consequential loss however caused.
(K1) Unless otherwise agreed in writing, all accounts shall be paid net at the Company's registered office on or before the last day of the month following the date of the Company's invoice. Cheques and money orders shall be made payable to or to the order of the Company. Only the Company's official receipt will be treated as valid.Time shall be of the essence.
(K2) The Company shall be entitled to charge interest on all overdue accounts at a rate of 2% per month above the base rate from time to time of Barclays Bank pic on the outstanding balance
.(L1) The goods shall remain the sole and absolute property of the Company until such time as the Customer shall have paid to the Company the agreed price together with the full price of any other goods the subject of any other contract with the Company provided that the Company at its sole discretion may upon expiry of the six month period from the date of the Company's invoice release its title to the goods the subject of the invoice without notice to the Customer.
(L2) The Customer acknowledges that the
Customer is in possession of goods solely as bailee for the Company until such time as the full price thereof is paid to the Company together with the full price of any other goods the subject of any other contract with the Company.
(L3) Until such a time as the Customer becomes the owner of the goods, the Customer will store them on their premises separately from the Customer's own goods or those of any other person and in a manner which makes them readily identifiable as the goods of the Company.
(L4) The Customer's right to possession of the goods shall cease if he, not being a company, commits an available act of bankruptcy or if they, being a company does anything or fails to do anything which would entitle a Receiver to take possession of any assets or which would enable any person to present a petition for winding-up. The Company may for the purpose of recovery of its goods enter upon any premises where they are stored or where they are reasonably thought to be stored and may repossess the same.
(L5) Subject to the terms hereof the Customer is licensed by the Company to agree to sell the Company's goods, subject to the express condition that such an agreement to sell shall take place as agents and bailee's for the Company whether the Customer sells on their own account or not and that the entire proceeds thereof are held in trust for the Company and are not mingled with other monies and shall be at all times identifiable as the Company's monies.
(L6) if the Customer has not received the proceeds of any such sale, they will upon being called upon so to do by the Company, within seven days thereof assign to the Company all rights against the person or persons to whom the Customer has supplied the goods.
Suspension or cancellation of Deliveries
(M1) If the Customer shall fail to pay to the Company on the due date any sum payable hereunder, or shall have a receiving order in bankruptcy made against him, or make any arrangement with their creditors, or being a body corporate shall have a receiver appointed or if any order shall be made or any resolution passed for winding up the same, the Company may, without prejudice to its other rights, demand immediate payment by the Customer of all unpaid accounts and suspend further deliveries and cancel this and any other contract between the Company and the Customer without any liability attaching to the Company in respect of such suspension or cancellation and debit the Customer with any loss sustained thereby.
(M2) If the Customer cancels their order the Company shall be entitled to recover any loss sustained.
(N)The Company's policy on returns is covered in the "Product Returns Procedure" document, available on request, which should be considered part of these Terms and Conditions.
The Company undertakes to repair or replace, at the option of the Company, any goods manufactured by the Company which are shown to be defective in materials or workmanship within twelve months of delivery. Provided that the Company shall be under no liability under the said guarantee if (a) the Customer has not paid in full for the goods or (b) the Customer has executed or attempted to execute repairs or alterations to the goods which are not authorised by the Company or has failed in any other respect to store the goods correctly or has mishandled the goods or failed to adhere strictly to the terms of hereof or (c) the Company has not been notified of any defect within one month of the defect becoming apparent.
(P1) The Company's guarantee is provided by the Company and accepted by the Customer in substitution for all express or implied representations conditions and warranties statutory or otherwise as to (a) the stated quality satisfactory nature fitness for purpose durability or performance of the goods and (b) the standard of the Company's workmanship and the stated quality satisfactory nature fitness durability or performance of any materials used in connection therewith and all such representations conditions and warranties are hereby expressly excluded.
(P2) Except for any liability which it may incur for death or personal injury resulting from negligence the Company shall not be liable in any manner whatsoever whether in contract, in tort, in misrepresentation or otherwise for any consequential or other loss damage or injury however caused which may arise out of or in connection with the supply of goods to or the execution of any work for the Customer (including goods supplied and work executed under the said guarantee).
(Q)The Company shall have a general lien in respect of all sums due from the Customer upon all goods to be supplied to such Customer or upon which work has been done on the Customer's behalf and, upon 14 days written notice to the Customer, may sell such goods and apply the proceeds towards the satisfaction of the sums due to the Company.
(R)If the performance of the contract by the Company shall be delayed by any circumstances or conditions beyond the control of the Company the Company shall have the right at its option (a) to suspend further performance of the contract until such time as the cause of the delay shall no longer be present or (b) to be discharged from further performance of and liability under the contract and if the Company exercises such right the Customer shall thereupon pay the contract price less a reasonable allowance for what has not been performed by the Company and the Company shall not be liable for any loss other than the price already paid for any goods not supplied less the Company's expenses.
(S) If any condition herein shall be deemed void for any reason whatsoever, but would be valid if part of the wording thereof were deleted any such condition shall apply with such modifications as may be necessary to make it valid and effective.
(T) Deals as Consumer
Nothing in these Conditions shall affect the statutory rights of a customer who in relation to the Company 'deals as consumer' as defined in Section 12 of the Unfair Contract Terms Act 1977 or any amendment or modification thereof.
(U)This contract shall be constructed in accordance with English Law and shall be subject to the jurisdiction of the English Courts.
(V1) Where the goods are supplied for export from the United Kingdom, the provisions of this clause shall apply subject to any special terms agreed in writing between the Customer and the Company.
(V2) The Customer shall be responsible for
complying with any legislation or regulations governing the importation and/or sale of the goods into or in the country of destination and for the payment of any associated duties or taxes.
(V3) The Customer shall arrange for testing and inspection of the goods prior to collection/ delivery and the Company shall have no liability in respect of any defect in the goods which would have been apparent on inspection and which is claimed after delivery, or in respect of any damage during transit.
(V4) Unless otherwise agreed in writing the goods shall be delivered ex-works and the Company shall not be obliged to give notice to the Customer that the goods have been so delivered.