B.Y DOORS LIMITED

 

1. Terms and Conditions

 

1.1. These Terms and Conditions shall apply to all orders or contracts accepted to the exclusion of all other terms and conditions including any terms or conditions which the Customer may purport to apply under any purchase order confirmation of order or similar document

 

1.2. All orders shall be deemed to be an offer by the Customer to purchase the goods pursuant to the Conditions

 

1.3. Acceptance of delivery of goods shall be deemed conclusive evidence of the Customer’s acceptance of these Conditions

 

1.4. Any variation of these Conditions (including any special terms and Conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Vendor

 

2. Title

 

2.1. Title to goods supplied against the Advice Note shall remain with the vendor until such time as goods are paid for

 

2.2. The goods shall be at the Customer’s risk as from delivery

 

3. Prices

3.1. The price of the goods shall be the price stipulated in the Vendors published price list current at the date of delivery of the goods. All prices are subject to revision without notice. Price is exclusive of Value Added Tax which shall be due at the ruling rate of the date of the Vendor’s invoice

 

4. Payment

4.1. Account Customers

Ledger accounts are opened in the Vendors absolute discretion subject to satisfactory references and payment of the price and V.A.T shall be due within 30 days of the date of the invoice. Time for payment shall be of the essence

 

4.2. Other Customers

The Vendor shall not be bound to deliver the goods until the Customer has paid for them. Payment shall be due before the delivery date (being the date specified by the Vendor when the goods are to be delivered) and time for payment shall be of the essence

 

4.3. Interest on overdue invoice shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 4% above NatWest plc’ Base Rate from time to time in force and shall accrue at such a rate after as well as before any judgment

 

4.4. If these terms of payment are not adhered to the right to suspend delivery if reserved and if default is made in payment the Vendor may at its option cancel any undelivered portion of any order but the Vendor shall nevertheless be entitled to claim against the Customer for any loss or damage sustained in consequence of non-completion of the contract

 

5. The Goods

 

5.1. The quality and description of the goods shall be as set out in the Vendor’s quotation

 

5.2. Timber is a natural material, which is subject to changes in temperature and humidity. We cannot accept liability for natural movement or distortion, warping, swelling or splitting which is caused by the door being exposed to extremes of temperature or humidity, or if the door is not correctly stored, treated or hung. A bow of 4mm along the length of the door shall be deemed to be within the manufactured tolerances

 

6. Intellectual Property Rights

 

6.1. The specifications and designs of any plans, sketches, designs, specifications produced by the Vendor (including the copyright design right or other intellectual property in them) shall at all times be and remain the property of the Vendor. Where any designs or specifications have been supplied by the Customer for manufacture by or to order of the Vendor then the Customer warrants that the use of those designs for the manufacture processing assembly or supply of the goods shall not infringe the rights of any third party

 

7. Delivery

 

7.1. The Vendor shall not be liable for any loss or damage whatever due to failure by the Vendor to deliver the goods (or any of them) promptly or at all and the order shall not be liable to cancellation

 

7.2. Not withstanding that the Vendor may have delayed or failed to deliver the goods (or any of them) promptly the customer shall be bound to

 

7.3. Any promise of delivery is subject to strikes, lockouts, industrial action, fire, flood, drought, tempest, war, any act of God or any other event beyond Vendor’s control

 

7.4. The Customers shall make all arrangements necessary to take delivery of the goods whenever they are tendered for delivery

 

8. Non-delivery and Damage Transit

 

8.1. The Customer is requested to examine all goods ordered from the Vendor upon arrival and to advise the carrier concerned immediately of any damage, breakage or shortage or irregularity and notification of non-delivery must be made to the Vendor within seven days from the date of the invoice or advise note. Damage breakage or discrepancy must be notified to carrier in writing within three days of receipt of goods conveyed by goods train or road transport

 

9. Cancellation

 

9.1. The Vendor cannot accept cancellation of goods for goods obtained or made especially to the Customer’s requirements

 

10. Return of Goods

 

10.1. No goods delivered to the Customer which are in accordance with the contract will be accepted for return without the prior written approval of the Vendor on terms to be determined at the absolute discretion of the Vendor

 

10.2. Goods returned without the prior written approval of the Vendor may at the Vendor’s absolute discretion may be returned to the Customer or stored at the customer’s cost without prejudice to any rights or remedies the Vendor may have

 

10.3. The Customer shall inspect the goods on delivery and shall within three days of delivery notify the Vendor of an alleged defect shortage in quantity, damage or failure to comply with the description or sample. The Customer shall afford the Vendor an opportunity to inspect the goods within a reasonable time following deliveries and before any use is made of them. If the Customer shall fail to comply with these provisions the goods shall be conclusively presumed in accordance with the contract and free from any defect or damage which could be apparent on a reasonable examination of the goods and the Customer shall be deemed to have accepted the goods

 

10.4. If the Vendor agrees to accept any goods for return the Customer shall be liable to pay a surcharge of 25% of the invoice price and the goods will be accepted only if the current batch number or shade is still in stock

 

10.5. Goods returned and agreed by the Vendor as defective will be credited at the full invoice price

 

11. Forward Instructions

 

11.1. If the Vendor does not receive forwarding instructions that the goods are ready in accordance with the time arranged for delivery, a charge will be made for storage and fire insurance and the goods shall be paid for as if they were dispatched

 

12. Guarantee

 

12.1. Units or parts not of the Vendors own manufacture but supplied by the Vendor are guaranteed only to the extent of such suppliers own guarantee without additional responsibility on the Vendor’s part. The Vendor’s liability is limited to such a replacement which shall be deemed to complete fulfillment of this contract. No claims shall be made upon the Vendor for any consequential damage, loss or other expenses arising out of contract negligence or otherwise howsoever. This guarantee is in place of any guarantee or conditional warranty whether express or implied which are contained in the Sale of Goods Act 1983 (as amended)

 

13. Vendor’s Liability

 

13.1. The Vendor shall be under no liability whatsoever to the Customer for any indirect loss and or expense (including loss of profit) suffered by the Customer arising out of a breach by the Vendor of this contract

 

13.2. In the event of any breach of this contract by the Vendor the remedies of the Customer shall be limited by damages. Under no circumstances shall the liability of Vendor exceed the price of the goods

 

14. Proper Law of Contract

 

14.1. The contract is subject to the Law of England and Wales