GENERAL CONDITIONS FOR THE SUPPLY OF GOODS
1. All contracts of sale made by Affordable Window Systems Ltd. and associated companies “the Vendor” are subject to these conditions to the exclusion of any and all printed terms and conditions of the Purchaser which shall not form part of the contract unless variation statements are in writing and signed by a Director of Affordable Window Systems Ltd. The Purchaser on accepting the goods agrees to these conditions.
2. Where an order is placed on a previous quotation given by the Vendor the price must be included in writing on the order form. Where orders are placed by the Purchaser without information on an agreed price, the prices and discounts normally applied to Purchasers orders will be levied. All prices will be increased by the taxes levied by H.M. Government as decreed by law. The Vendor’s normal method of processing orders is for signed orders from the Purchaser to be faxed to the Vendor. When the Purchaser chooses to use verbal instructions, the Purchaser shall take full responsibility for any consequential errors, misunderstandings or omissions arising out of the Vendor not having written instructions. When an agent of the Vendor is acting on behalf of the Purchaser to place orders by taking measurements etc., then it is understood that the Purchaser is responsible for any errors, mismeasurements or omissions made by that agent.
3. All orders are accepted and deliveries made subject to the credit status of the Purchaser set by the Vendor and can be changed at any time if the Vendor thinks fit. If any deliveries have not been paid for by the due date according to the payment terms, then subsequent deliveries regardless of whether they are due for payment or not will become deemed to be overdue. Settlement discounts deducted from late payments remain a debt regardless of when Affordable Window Systems Ltd. chases for payment and of how it is shown on statements and similar documents. To avoid delays intending Purchasers are requested to complete the customer information form and provide content for a bankers reference.
4. Delivery dates given by the Vendor are given in good faith but shall not be deemed to be of the essence, but a non-delivery or a delivery not by the due date shall not entitle the Purchaser to refuse a delivery tendered after such a date, repudiate the contract or make a claim for damages in respect of late delivery.
5. Off loading or checking of goods at the time of delivery is the responsibility of the Purchaser, signature by the Purchaser, it’s employee or agent on the delivery advice is acceptance by the Purchaser of the goods in good condition and conformity in all respects with the order. Claims for faulty damaged or defective goods will not be met by the Vendors unless received in writing at their offices within 5 working days from the delivery date. Damage and shortages reasonably obvious at the time of delivery must be appropriately recorded on the delivery note to validate a claim. Any damaged or faulty goods in respect of which the Vendors are liable must be returned to the Vendors for alteration or repair. Any cost arising out of the refusal to accept the delivery of goods to be the account of the Purchaser. Customers are responsible for advising the Vendors of non-delivery of goods within 20 days of Advice Note or Invoice failing which no claims for non-delivery can be entertained and the delivery will be deemed to have been made.
6. The Purchaser shall not be entitled to reject any material on account of imperfections or variations inherent in uPVC extrusion product assembly and the glass-making process. Unless otherwise agreed in writing, the acceptability of glass quality in insulating glass units should be judged by reference to “Visual Quality Standard for Installed Insulating Glass Units Constructed from Flat Transparent Glass” published by the Glass and Glazing Federation. Similar criteria apply to other types of glass.
7. The Purchaser shall pay all transit and storage costs caused by them not accepting delivery by the due date. Furthermore, payment for the goods will be made by the Purchaser as if the goods had been delivered.
8. The Vendors reserve the right to modify change or improve any of its products at any time without notification. Such changes shall not entitle the Purchaser to reject the goods or cancel the contract.
9. The Purchaser must satisfy themselves as to the suitability of the products before use or installation. No liability shall rest upon the Vendor for any condition made or implied, nor is any warranty given or to be implied as to the life and wear of goods supplied or that they will be suitable for any other particular purpose for use under specific conditions not withstanding that such purpose or condition was made known to the Vendor before manufacture or supply.
10. All payments for goods and services supplied should be paid for in accordance with the payment terms quoted on the invoice. Where payment terms are not quoted or are not comprehensive i.e. cover all conditions, payment is due within 30 days of the invoice date. If payments are not made by the due date the Vendor without prejudice to any other right may disallow any discount allowed and in addition charge interest on outstanding amounts at the rate of 21% p.a. calculated on the indebtedness on the 1st day of each month. In the case of overdue moneys the Vendors shall be entitled to withhold any further deliveries on that order or other orders or both and shall be entitled to payment for them.
11. Subject to the Purchaser having performed his obligations hereunder as to payments and otherwise, the Vendor agrees that it will repair or replace free of charge any material or goods manufactured by it within ten years after the date of supply (aluminium powder coating 10 year surface finish is subject to our conditions “aluminium powder coating 10 year surface guarantee”), which are proved to the satisfaction of the Vendor to be defective due to faulty materials or workmanship. The Pincer £1000 Security Guarantee is subject to the conditions set out in the leaflet “Built in Security”. The Entrance Door Security Handle £1000 Guarantee is subject to the conditions set out in the leaflet “Entrance Door Security”. This undertaking is given by the Vendors in lieu of all conditions, guarantees or warranties of every kind whether expressed or implied by law or otherwise which are hereby expressly excluded. The liability of the Vendors (whether by contract or in tort or otherwise) arising out of this contract shall not exceed the net invoiced price of the particular goods in regard to which complaint is made. The Vendor has no liability for consequential or other costs incurred by the Purchaser caused by defective goods. For goods not manufactured by the Vendor but supplied loose or fixed to a product supplied by the Vendor, the Purchaser will enjoy any benefit or guarantee the Vendor may receive under the contract entered into between the Vendor and the Supplier in the event of failure or the items being defective.
12. Equitable and beneficial ownership and property of this title too goods shall not pass until full payment has been received by the Vendor. If the Purchaser sells or uses the goods before title passes, the proceeds of the sale or the claim for such proceeds is to be held in trust for the Vendor. The goods shall be at the Purchasers risk from delivery and until the Vendor receives full payment for the goods. The Customer shall insure the goods with a reputable insurer and shall hold all the moneys received from insurance in trust for the Vendor. The Purchaser agrees that before payment of the whole price of the goods, the Vendor or his agent may enter the Purchasers premises and remove the goods.
13. This contract is made and shall be governed according to the laws of England and the parties shall submit to the exclusive jurisdiction of the Blackpool County Court.
14. The “built in security” – “entrance door security” – “aluminium powder coating 10 year surface guarantee” information is available on our website www.a-w-s.co.uk