Terms & Conditions
Donwood (Double Glazing) Ltd- Terms and Conditions
1 APPLICATION AND VARIATION OF THESE CONDITIONS
Unless otherwise expressly agreed in writing by the Seller, these Conditions apply to any contract between Donwood (Double Glazing) Limited (the Seller) and the Buyer for the supply of goods (“Contract”) and supersede any earlier Conditions issued by the Seller and shall override any terms or conditions of the Buyer. These Conditions are open to negotiation before the Buyer’s order is accepted (whether or not in writing) by the Seller, which negotiation may result in change to any price published or earlier referred to.
Prices are subject to withdrawal without notice, and unless agreed otherwise in writing, goods will be invoiced at the prices ruling at the date of delivery. There are minimum area and shape charges which vary according to the goods ordered and shall be notified to the Buyer as appropriate. Prices quoted are exclusive of VAT. In addition to the price, an energy surcharge may be payable. The circumstances in which an energy surcharge is payable and the amount thereof can be obtained from Seller on request.
(a) Time of payment shall be of the essence of any Contract. For an account holding Buyer payment is due on or before the last day of the month next following the month in which despatch is made unless otherwise agreed. If the Buyer makes default on payment, payment in respect of all goods delivered but not paid for shall immediately become due and payment in respect of any goods delivered during the continuance of any such default shall become due immediately upon delivery.
(b) Non account holding Buyers will be required to pay the whole purchase price of the goods before the goods are manufactured and/or delivered.
(c) Interest shall be payable on overdue payments in accordance with the Late Payments of Commercial Debts (Interest) Act 1998.
(d) No retentions are permissible and the Buyer has no right to set off disputed moneys whether or not in respect of goods under any Contract to which these Conditions apply.
(e) The Seller may at any time suspend the performance of its obligations under any Contract until the Seller is satisfied that the Buyer is able to pay, or has given security for payment, for the goods.
(f) We will send account holding Buyers a statement at the end of each month where deemed appropriate but, in any event, at intervals of no more than three months when they have purchased any goods from the Seller. Buyers will be required to pay the due balance shown on each statement in one payment within the period specified on the invoice.
(a) Notwithstanding delivery and the passing of risk in the goods, or any other provision of these Conditions, the property in the goods shall not pass to the Buyer until the Seller has received in cash or cleared funds, payment in full of the price of the goods and all other goods agreed to be sold by the Seller to the Buyer for which payment is then due.
(b) Until such time as the property in the goods passes to the Buyer, the Buyer shall hold the goods as the Sellers fiduciary agent and shall keep the goods separate from those of the Buyer and third parties and properly stored, protected and insured and identified as the Seller’s property. Until that time the Buyer shall be entitled to resell or use the goods in the ordinary course of its business, but shall account to the Seller for the proceeds of sale or otherwise of the goods, whether tangible or intangible, including insurance proceeds, and shall keep all such proceeds separate from any moneys or property of the Buyer and third parties and, in the case of tangible proceeds, properly stored, protected and insured.
(c) Until such time as the property in the goods passes to the Buyer (and provided the goods are still in existence and have not been resold), the Seller shall be entitled at any time to require the Buyer to deliver up the goods to the Seller and, if the Buyer fails to do so forthwith, to enter upon any premises of the Buyer or any third party where the goods are stored and repossess the goods.
(d) The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the goods which remain the property of the Seller, but if the Buyer does so all moneys owing by the Buyer to the Seller shall (without prejudice to any other right or remedy of the Seller) forthwith become due and payable.
(e) In the event that goods are supplied on different dates, and covered by separate invoices, some of which have been paid for and some of which have not, it shall be presumed that the Buyer has used the goods which have been paid for before the goods for which payment has not been made.
5 DELIVERY AND RISK
(a) Delivery shall unless otherwise agreed, be at the Buyer’s normal place of business. The Seller reserves the right to choose the form of transport for the goods and the composition of the consignment load.
(b) Any time specified for delivery is given as an estimate only and shall not constitute a contractual obligation. No loss or damage shall be attributed to any delivery that has not been effected by any such date.
(c) Where the Buyer fails or declines to take delivery of goods on the date specified for delivery or if no date is specified when goods are ready and available for delivery, then the Seller may give 7 days notice to the Buyer upon expiration of which the goods shall be deemed to have been despatched and delivered for the purpose of clause 3(a), 3(b) and 5(g) and Seller may additionally charge Buyer for any reasonable storage or additional transport costs which result.
(d) If the Buyer establishes to the satisfaction of the Seller (acting reasonably) that goods have been damaged in transit or that the consignment of goods is incomplete or incorrect and the Buyer has given the Seller written notification (other than on the carrier’s delivery document) of such damage or shortage within 3 days of delivery, the Seller will replace such goods or credit the Buyer with the value thereof. The Seller shall be permitted a reasonable opportunity to inspect any damaged consignment.
(e) Where delivery is to be made by transport other than the Sellers own carrier, the failure of goods to arrive within 14 days of receipt by the Buyer of the advice note, must be reported to the Seller within the said period of 14 days failing which, the Seller shall have no liability for non-delivery.
(f) Except as provided in Clause 5(d), the Seller shall have no liability to the Buyer arising out of or in connection with damage to, or incomplete, or incorrect consignments of goods.
(g) When the goods or any number of them (whether or not being in the actual quantity ordered) are either collected by the Buyer from the Seller’s premises or are free of all vehicle transit restraints and ready for unloading by the Buyer at the agreed delivery address, delivery in relation to those goods is complete and the risk in them shall pass to the Buyer.
(h) On arrival of the goods at the place of delivery the Buyer shall promptly provide unloading facilities and when the goods are ready to be unloaded shall unload the goods promptly. The Seller shall be entitled to recover from the Buyer all and any costs and expenses incurred as a result of the Buyer’s failure so to do. Any assistance given in respect of any unloading and any unloading carried out by the Seller or its agents’ (including the positioning of goods on Buyer’s storage equipment) is entirely at the Buyer’s own risk. The use of any distribution equipment within or outside Buyer’s premises following unloading is at Buyer’s risk.
(i) The Seller shall have no liability for any loss or damage to goods in transit when the Buyer has signed the delivery note or, other delivery documents as received in good condition.
(j) All distribution equipment is the property of the Seller and must be returned to the Seller on demand. Should Buyer fail to return any distribution equipment within 7 days following such demand, a charge at the rate of £50 plus VAT per week for each item of distribution equipment retained thereafter will be incurred. Use of distribution equipment for any purpose other than carriage and storage of glass supplied by the Seller is prohibited.
(k) The Buyer shall not be entitled to reject any goods on the grounds that they have been delivered in incomplete quantities.
6 WARRANTIES, LIABILITIES AND STANDARDS
(a) The Seller warrants to the Buyer that goods shall conform to appropriate product published by the European Committee for Standardization or British Standards Institute (where applicable), or otherwise to recognised industry standards defined and published by the Glass and Glazing Federation, 54 Ayres Street, London, SE1 1EU. www.ggf.org.uk
(b) Sellers’ Standard Five Year Warranty in the format current at the date of the relevant Contract shall apply to insulating glass units.
(c) Save as expressly provided by these Conditions, or as expressly provided in any specific written warranty issued by the Seller, or as otherwise specifically agreed in writing by the Seller, all Seller’s representations and statements (whether express or implied) and all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.