These conditions set out the legal basis upon which we will supply goods. No variation or representation will be valid unless confirmed in writing by a partner.
2. APPLICATION OF TERMS
2.1 By placing an order or accepting a quotation the Buyer shall be deemed to be making an offer to buy the goods subject to these conditions.
2.2. No order shall be accepted by the Company until written confirmation is issued or (if earlier) the Company delivers the goods.
2.3 Any quotation is given on the basis that there is no contract until the Company has accepted an order.
2.4 Quotations unless agreed in writing will be valid for 30 days provided that the Company has not previously withdrawn it.
3.1 The quantity and description of goods shall be set out in the Company’s quotation or acknowledgment of order.
3.2 All brochures, advertisements and samples are for illustrative purposes only. Dimensions are given as a guide only. Dimensions should not be used for surrounding furniture, fixtures and fittings until the product is on site as the Company will not be liable for any costs incurred as a result of variation in dimensions.
4.1 Delivery shall take place at the Buyer’s place of business unless agreed otherwise in writing by the Company.
4.2 Dates for delivery are an estimate and time for delivery shall not be made of the essence unless expressly agreed in writing by the Company. If no dates are specified delivery shall be within a reasonable time.
4.3 The Company will not accept liability for any losses caused by delay in delivery.
4.4 If the Buyer fails to take delivery or the Company is unable to deliver the goods because of the fault or failure of the Buyer then:-
(a) Any risk in the goods shall pass to the Buyer
(b) The goods shall be deemed to have been delivered; and
(c) The Company may store the goods at the Buyer’s expense.
4.5 The Company reserves the right to deliver the goods by separate instalments.
4.6 Transport charges may apply depending on value of order and place of delivery. These will be notified in advance of acceptance of the order.
5. RISK AND OWNERSHIP
5.1 Ownership in the goods shall not pass to the Buyer until payment in full has been made. The Buyer grants to the Company an irrevocable licence to enter any premises where the goods are or may be stored in order to impact them or to recover them in the event of failure to make payment in full.
5.2 The risk in the goods for nuisance purposes shall pass to the Buyer on delivery.
6.1 Unless agreed in writing by the Company the price shall be the price excluding VAT set out in the Company’s price list on the date of delivery or deemed delivery.
7.1 Payment in cleared funds or cash shall be made on or before delivery (unless credit terms have been agreed in writing by the Company). On occasions the Company will require a Director’s guarantee.
7.2 The Company reserves the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.
7.3 In the event of a customer with a credit account going into arrears, if legal action is taken to recover the debt, all amounts owing to the Company shall be deemed as payable, including any current amount.
8.1 The Company will not accept claims for stoppages or damaged goods unless notified within forty-eight hours of delivery. All goods should be physically checked and defects reported to the Company before installation.
8.2 The Company shall not be liable for the cost of installing faulty goods. Installation deems the acceptance of the goods in their current condition.
8.3 The Company reserves the right to alter the specifications and product range without prior notice.
8.4 The Company will in the event that it supplies faulty goods at its own option repair, replace the goods or refund the price of the goods. If the Company elects to refund the price of the goods the goods shall be returned to the Company at the Company’s request and at the Company’s expense.
8.5 The Company accepts no liability in relation to goods damaged as a result of failure to follow published instructions or damage caused to the goods after delivery.
8.6 The Company’s total liability in contract or tort shall be limited to the contract price. This limitation shall not apply to liability for personal injury or death.
8.7 In the event of a site visit request to inspect alleged faulty goods, a charge of £175 excluding VAT plus expenses will be applied if the goods are found to have been incorrectly installed. If upon inspection the goods are found to be faulty due to a manufacturing issue, the fee will be waived.
9.1 Returns will be accepted within three months of delivery provided the goods (exclusions apply - see below) are returned undamaged, have not been installed, and with full original packaging. It will be subject to a handling charge dependent on condition of goods and original packaging and will in any event be a minimum of 25%.
9.2 Returns for the following products will not be accepted under any circumstances:
All shower enclosures; all shower trays; all baths (free-standing & non); washbasins with extra tap holes; coloured ICON ceramics
10.1 The Company shall be entitled to assign the benefit of the contract.
10.2 The Buyer shall not be entitled to assign the benefit of contract.