1. BASIS OF SALE
a. These Standard Conditions of sale govern all contracts for the sale of the Company’s goods or the supply of its services.
b. Variation of these conditions shall only be binding when agreed in writing by the Company.
2. PRODUCT DESCRIPTION
a. All metal garage doors supplied by the Company come in primer or powder coated unless otherwise stated.
b. All timber doors, and cedarwood doors in a basecoat finish, must be preserved in accordance with the manufacturers’ instructions upon delivery in order to maintain the manufacturer’s warranty conditions.
c. Any timber doors sold fully finished in black or dark colour are not covered under manufacturers’ warranty terms against possible adverse effect of sunlight. This is due to the potential of heat absorption with black or dark colour doors which may distort the door(s).
a. The Customer shall be responsible for the accuracy of the information and the sizes given to the Company for its goods and supply of services.
b. Whilst every effort is made to advise the Customer as to the size, mechanism, type etc of the door needed to fit their garage, no responsibility is taken by the Company if measurements and information given by the Customer is inaccurate, non-specific or incomplete. This includes but is not limited to: (i.) the presence of low beams, (ii.) gas/electric meters on the sidewalls, (iii.) uneven floors or walls being out of plumb and (iv.) similar obstructions which would impair the normal fitting and path of travel of the garage door purchased, (v.) colour, colour match and design of the door
c. An order may only be cancelled or amended by the Customer with the written agreement of the Company and on terms whereby the Customer shall indemnify the Company in full against any loss incurred as a result of any such cancellation.
d. Exception to the right to cancel in The Consumer Protection (Distance Selling) Regulations 2000, Statutory Instrument 2000 No. 2334 Para 13. - (1)(c) The consumer will not have the right to cancel the contract by giving notice of cancellation pursuant to regulation 10 in respect of contracts for for the supply of goods made to the consumer's specifications or clearly personalised or which by reason of their nature cannot be returned.
a. The Customer must make themselves or their adult Agent available to take delivery.
b. The Customer must thoroughly check the condition of the goods at the time of delivery.
c. Goods cannot be signed for as “unchecked” or “unexamined”. If any damage is noted, this must be written as clearly and as accurately as possible onto the delivery note.
d. Any damage must be reported within 24 hours of delivery or, preferably, noted on the delivery note at the time of delivery. Any damage reported after this 24 hour period shall only be rectified under the manufacturer’s warranty at the manufacturer’s discretion.
Damaged goods must remain unused and unfitted, and stored carefully complete with any packaging until the Company or its agent is able to examine the goods.
e. Following delivery and where goods are stored prior to installation they must be kept in a secure, dry environment and suitably protected from damage.
f. If the Customer fails to take delivery of the goods or fails to give the Company adequate delivery instructions then the
Company may arrange to store the goods and charge the Customer for the reasonable costs of such storage and redelivery cost.
g. Every effort is made to deliver goods by the estimated delivery dates given. Due to constantly changing stock levels at the manufacturers, production processes and delivery logistics any delivery or installation dates given are approximate only and the Company accepts no liability for any such delay.
a. All garage doors, remote controls and spare parts are sold on a supply only basis, unless otherwise agreed in writing.
b. All garage doors, remote controls and spare parts must be fitted in accordance with the manufacturer’s fitting instructions and no responsibility is taken by the Company for these installations.
c. If the installation is agreed in writing to be performed by the Company:
i. the installation costs specified cover only the work specified and do not, unless expressly stated, include rectification of existing out of square openings or removal or disconnection of old doors and fittings or electricity or gas fittings or the like, and
ii. the Company shall not be responsible for the removal or taking away and disposing of old doors etc unless otherwise agreed, and
iii. whilst all reasonable care will be taken while drilling and fixing, the Company and its installers shall not be responsible for the failure from any cause whatsoever of any masonry or rendered surfaces while drilling or fixing.
d. Any installation which has to be revisited due to misuse, power outage(s) to motor, dirt in tracks or alteration of floor levels etc a charge will be made.
8. REPLACEMENT UNDER WARRANTY
a. Any warranty offered by the Company shall be the Manufacturer’s Warranty which, if a claim under warranty is made, will be executed through the Company. All warranty claims shall be resolved at the manufacturer’s discretion. This does not affect the Customer’s Statutory Rights.
b. The Company does not accept any liability for warranty claims that are rejected by the manufacturer.
c. All goods under warranty that have been sold on a supply only basis which have already been fitted by the Customer may, at the manufacturer’s discretion be replaced, on a supply only basis. The manufacturer may choose to fit the replacement goods at their discretion.
9. SALE OF SPARE PARTS
All spare parts specially ordered by the Company for a Customer with the manufacturer may only be returned if unopened.
A re-stocking charge of 50% of the total invoice value of the goods will be levied.
10. OWNERSHIP AND RISK
The goods shall remain the property of the Company until the full agreed price has been duly paid to and received by the Company together with all other sums whatsoever which are or may become due from the customer.
11. THIRD PARTY LIABILITY
The Company shall not be responsible for damage, injury or loss of any kind whatsoever to any property or persons arising from the use of the goods or in connection with the installation of the same.
12. FORCE MAJEURE
The Company shall not be liable to the Customer or be deemed to be in breach of the contract by reason of any delay in performing, or failure to perform, any obligation of the Company under the contract if such delay or failure was due to any cause beyond the Company’s reasonable control including (but not limited to) Act of God, import or export regulations, industrial disputes, difficulties in obtaining materials or labour, power failure, machinery or transport breakdown.
14. LAW The contract shall be governed by English law and the parties submit to the exclusive jurisdiction of the English Courts.