In these Terms of Sale The ‘Window Bureau Limited’ shall be referred to as “The Company”.
The Company reserves the right to vary the price of goods in its catalogue without notice to the Customer.
Any contract made with the Company is subject to these terms, conflicting terms of the Customer shall have no effect.
TERMS OF PAYMENT
Orders for Customers without an account are accepted only if cash is sent with order or payment is agreed to by the Company to be cash on delivery.
Accounts are opened subject to approval of references and unless otherwise agreed by the Company in writing the terms of payment shall be cash 14 days from advised or agreed completion date.
Where Goods are delivered by instalments the Company may invoice and the Customer shall pay invoices in accordance with these conditions.
No dispute arising under the contract nor delays beyond the reasonable control of the Company interfere with the prompt payment in full by the Customer.
In the event of default by the Customer the Company shall be entitled to suspend all further deliveries on any contract between the Company and Customer without notice.
In the event of the Company receiving a cheque in exchange for goods, the Company will not consider it full payment until this cheque has cleared through our account.
In the event of an uncleared cheque the Company reserves the right to suspend/hold all contracts with the Customer until such a time as alternative payment has been arranged, or the original cheque has cleared through our account. The Company also reserves the right to reclaim from the Customer any additional expenses incurred in the reprocessing of monies owed.
All costs of collection of overdue invoices incurred by the Company shall be repaid to the Company by the Customer.
The Company reserve the right to charge interest at 2% per month on invoices from the due date up to receipt of payment.
All quotations shall be available for acceptance for a maximum period of 30 days.
If after the date of order and before the delivery of goods, changes are made in the specification of goods, we may incorporate such changes in the goods sold to you provided that the performance and quality of the altered goods are at least equal to those of the goods ordered and no price variation is made except with your consent and delivery is not unreasonably delayed.
We shall not be obliged to make any alteration to the goods ordered whether arising by reason of the amendment of the regulations of the component authority made subsequent to the date of the contract or otherwise.
Time for delivery is given as accurately as possible but is not guaranteed. The Customer shall have no right to damages or to cancel the order for failure to meet any delivery time stated.
The date of delivery shall in every case be dependent upon receipt of all necessary information, final instructions, or approvals from the Customer. Alterations by the Customer in design specification or quantities required may result in delay in delivery.
The Company will endeavour to comply with reasonable requests by the Customer for postponement of delivery but shall be under no obligation to do so. Where delivery is postponed (otherwise than due to default by the Company), the Company shall be entitled to invoice in accordance with these conditions.
Deliveries may be subject to a delivery charge, the amount payable being the sum agreed by all parties concerned.
RISK AND TITLE
Risk shall pass to the Customer so that the Customer is responsible for all loss, damage deterioration to the Goods at the time when goods leave the premises of the Company.
Title in the Goods or any part thereof shall pass to the Customer when payment in full has been made or when the Company serves written notice upon the Customer specifying that title in the Goods has passed. The Customer shall permit and assist any officer, employee, representative or agent of The Company to repossess the Goods at any time prior. (Refer to Terms of Payment 3.4).
SHORTAGES AND DEFECTS APPARENT ON INSPECTION
No liability will be accepted regarding claims as to shortages or transport damages unless notified to the Company by telephone within 24 hours and confirmed in writing within 5 days. Goods claimed to be defective must be returned immediately and if it is agreed by us that they are defective, they will be replaced or repaired free of charge, or at our option allowed for credit, provided that the Buyer shall return the goods in the same condition as they supplied. (Refer to Risk and Title 7.2 Terms of Payment 3.4).
The Customer shall not be entitled to any repairs or alterations undertaken by the Customer without the prior consent of the Company nor in respect of any defect arising by reason of fair wear and tear or damage due to misuse.
The Company shall not be liable for loss or damage suffered by reason of use of the goods after the Customer becomes aware of a defect after circumstances would reasonably have indicated to the Customer the existence of a defect.
The Company may within 15 days of receiving a written complaint inspect the goods and the Customer shall take all reasonable steps necessary to enable the Company to do so.
Save where the Company is shown to have failed to exercise reasonable care in the manufacture and/or supply of the Goods and such failure result in death or personal injury, under no circumstances whatsoever shall the Company be liable for consequential loss (including removal or rectification work required in connection with installation of repaired or substituted Goods) loss of profits or damage to property.
Subject to the terms and conditions elsewhere in the agreement PVCU frames shall be guaranteed against faulty manufacture for 5 years, glass sealed units shall be guaranteed against faulty manufacture for 5 years and all furniture shall carry the manufacturers guarantee. Incorrect installation of the Company’s products shall cancel this guarantee liability. Any guarantees offered by the Company are non transferable and cannot be passed to a third party.
No PVCU frame or glass sealed unit has any inherent load bearing quality.
Products ordered in excess of the design parameters in the Company’s catalogue shall have no warranty or guarantee attributable to the product whatsoever.
The Company shall be entitled without prejudice to its other rights and remedies, either to terminate wholly or any part of the Contract with the Customer or to suspend any further deliveries under Contract if any debt due and payable by the Customer to the Company is unpaid and/or the Customer has failed to take delivery of any goods under Contract.
Neither party shall be under any liability for any loss or damage caused wholly or in part by act of God government restriction condition or control…/or by reason of any act done or not done in pursuant to a trade dispute whether such dispute involves its employees or not…/or by reason of any other act matter or thing beyond its reasonable control including failure by other parties to carry out the provisions of these conditions.
Cancellation will only be agreed to by the Company on condition that all costs and expenses incurred by the Company up to the time of cancellation and all loss of profits and other loss or damage resulting to the Company by reason of such cancellation will be paid forthwith by the Customer to the Company.
The Customer shall be solely responsible for ensuring that all drawings information advice and recommendations given to the Company either directly or indirectly by the Customer or by the Customer’s agent, servants or advisers are accurate correct and suitable.
The Customer shall indemnify the Company from an against all actions, claims, costs and proceedings which arise due to the manufacture of Goods to the drawings and specifications of the Customer where such drawings and specifications are at fault or where it is alleged that they involve an infringement of a patient copyright or Design Copyright or other exclusive right.
DATA AND TECHNICAL INFORMATION
The information contained in the advertising sales and technical literature by the Company may be relied upon to be accurate in the exact circumstances in which it is expressed otherwise any illustration, performance details, examples of installation and methods of assembly and all other technical data in such literature are based on experience and from trials under test conditions. Accordingly the information contained in the Company’s publications is provided for general guidance only. Customers should obtain specific recommendations and advice from the Company regarding the uses and attributes of the Company’s products.