TERMS AND CONDITIONS OF SALE
1.1. All quotations are based on current prices. The price under any contract whether concluded on the basis of a quotation or otherwise will be calculated according to the Company's prices ruling at the date of delivery.
1.2. Prices and discounts shown in any price list are subject to alteration without notice and any new list cancels all previous lists.
1.3. Prices quoted and prices shown in the price lists are exclusive of VAT
1.4. Prices quoted are ex-works. Delivery will be charged extra.
2.1. Office Sales.
All aluminium gate and fencing products will require a minimum 50% deposit on order, and the balance (including transport where applicable) to be paid when the gate is ready for delivery and prior to despatch.
2.2. Online and telephone Sales.
Online orders require payment in full with order.
2.3. Aluminium Gates and Fencing are manufactured to order. Gates and Fencing are personalised and made to measure for each order. As such they are not covered by Distance Selling Regulations
2.4. Once an order has been confirmed and fabrication started, payments will not be refunded.
2.5. Once confirmed, orders for Aluminium Gates and fencing cannot be cancelled, and changes in design after confirmation will be chargeable
2.6. An order is confirmed on reception of the correct deposit payment and signed and dated confirmation of design.
2.7. Receipts are not issued for cheques unless requested
2.8. Customers paying by cheque must produce a valid Banker's card unless payment is made at least 5 days before despatch of the goods or materials being paid for.
3. Quality and Description
3.1. Subject to the matters set out in the next following clause, all goods and materials supplied shall:-
3.1.1. Conform as to quality, quantity and description with the particulars stated in the order acknowledgement.
3.1.2. be of sound materials and workmanship
3.1.3. be equal in all respects to any written specification provided
3.1.4. if the purpose for which they are required is indicated in the order either expressly or by indication, be fit for that purpose.
4.1. Specifications of weight are approximate only.
4.2. The items ordered will be fabricated to measurements supplied by the customer.
4.3. It is the customer's responsibility to ensure that the specification of the gate/fence to be supplied is correct.
4.4. Every order will have a confirmation drawing issued indicating what is to be supplied and no fabrication will commence until this has been signed, dated and confirmed by the customer.
5. Warranty by Customer
The Customer warrants:-
5.1.That the Customer will carefully examine all the goods and materials supplied and will notify the Company in writing of any shortage, defect or other failure to comply with the contract which is, or ought to be apparent upon such examination, within 24 hours of their being collected or delivered.
5.2. That he will notify the Company in writing within 24 hours of becoming aware of any shortage, defect or other failure to comply with the contract which was not apparent upon the aforesaid examination.
6.1.Where a customer deals as a consumer as defined by Section 12 of the Sale of Goods Act 1977, goods and materials are supplied with the benefit where the same are applicable of the conditions and warranties implied by sections 12-15 inclusive of the Sale of Goods Act 1979
6.2.In other cases goods and materials are supplied only with the benefit where the same are applicable of the condition and warranties implied by section 12 of the Sale of Goods act 1979.
6.3. Aluminium Gates and Fencing are manufactured to order. Gates and Fencing are personalised and made to measure for each order. As such they are not covered by Distance Selling Regulations
7. Limitation of liability of the Company
7.1. Save as aforesaid and save as herein expressly set out the goods are not supplied with, or subject to, any condition, warranty or other term whether express or implied unless specifically stated by the Company in writing.
7.2. In no circumstances except in respect of death or personal injury caused by the Company's negligence shall the Company's liability (in contract or otherwise) to the Customer arising under, or out of, or in connection with this contract or the goods or materials supplied exceed the cost to the Customer of replacing or repairing goods or materials of which complaint is made. Further and in any event the Company accepts no liability for any consequential loss or damage (whether for loss of profit or otherwise) costs, expenses or other claims for consequential compensation whatsoever.
7.3. the Company shall not be under any liability for any cost or expense incurred by the Customer in repairing or replacing goods or materials unless the Company is first afforded a reasonable opportunity of replacing or repairing them provided that the Customer shall be entitled to effect repairs or replacement before affording such an opportunity as may be reasonably necessary to prevent any further loss or damage to the Customer.
8.1. Once an order has been confirmed and fabrication started, the order cannot be cancelled and payments will not be refunded
8.2. The deposit is not refundable after the confirmation has been signed and returned. The order will need to be paid in full when the goods are ready for shipping.
8.3. In the event of the suspension of the work by the Customer's instructions or owing to lack of instructions the Company shall be entitled to increase the price by such an amount as they consider reasonable to cover any additional expense resulting to them for such suspension.
9.1. No goods which are made to measure can be returned for credit.
9.2. Once an order has been confirmed and fabrication started, payments will not be refunded
9.3. Credit for the deposit is not refundable after the confirmation of designed has been returned
9.4. Once confirmed, orders for Aluminium Gates and fencing cannot be cancelled, and changes in design after confirmation will be chargeable
9.5. Goods which in are generally kept in stock (i.e. gate automation equipment) may be returned for credit with the Company's written consent
9.6. Where the company agrees to accept back such goods or materials for credit (point 9.5), a 20% handling charge will be deducted from the amount of the credit together with the Company's reasonable charges if any for delivering such goods or materials to and/or collecting them from the site or Customers premises.
9.7. No goods or materials which are not defective and which conform to the contract may be returned without the Company's written consent
9.8. No credit will be given for goods or materials returned without the Company's written consent to the extent that the Customer establishes to the satisfaction of the Company (such satisfaction to be expressed in writing) that the said goods or materials are defective or otherwise do not conform with the contract.
10.1. While the Company will do its best to meet any delivery date given or agreed by it, such dates are estimates only given in good faith, and the Company will not be liable in the event of the delivery period being exceeded or accelerated for any reason whatsoever.
10.2. Aluminium Gates and Fencing will normally take approximately 6-8 weeks from order confirmation to delivery. This may be extended for special orders
10.3. Orders cannot be accepted on the basis of fixed delivery dates/times. Notification will provided of anticipated despatch and delivery dates.
10.4. Where appropriate customers must ensure that there are sufficient facilities at the delivery address to unload their order
10.5. All deliveries must be checked immediately on arrival and we must be informed within 24hrs of any damages or discrepancies
10.6. Delivery will be at the Customer's premises unless otherwise agreed in writing expressly.
10.7. Where the Company agrees to deliver goods or materials to the site, the Customer shall ensure that the Company's (or Company's agents) vehicles have proper access and hard road to and from the site sufficient to enable the goods or materials to be delivered and the vehicles to leave with all reasonable speed.
10.8. The customer or its representative shall ensure enough individuals are present to help with the unloading of the goods.
11. Title and risk.
11.1. Goods or materials delivered shall remain the property of the Company until all goods in respect of which payment is then due to the Company from the Customer are paid for, but shall be at the risk of the Customer after being delivered.
12. Variations to Order
12.1. Any quotation or agreement incorporating these terms and conditions or any of them may only be varied in writing signed by a duly authorised representative of the Company.
13.1. No representative of the Company other than a director or the Company Secretary has any authority to agree any other or additional terms or conditions or to vary or waive any of the terms or conditions herein set out and then only if this is done in writing.