Terms and Conditions
ACCORD STEEL CLADDING LTD
TERMS AND CONDITIONS OF SALE
The Seller means Accord Steel Cladding Limited and associated companies.
The Customer means any person or organisation purchasing goods from the Seller whether as a consumer or otherwise.
The Goods means and includes such Goods or other materials as form the subject matter of the contract.
The Contract means the order for the Goods to be sold pursuant to these conditions.
2. CONDITIONS AND EXCLUSIONS
- These conditions shall form the basis of the Contract between the Seller and the Customer. Notwithstanding anything to the contrary in the Customer’s standard conditions of purchase these conditions shall apply except so far as expressly agreed in writing by a representative of the Seller duly authorised in writing.
- No servant or agent of the Seller has power to vary these conditions orally, or to make representations or promises about the condition of the Goods their fitness for any purpose or any other matter whatsoever.
- The express terms of this contract are in lieu of all other conditions representations or warranties whether express or implied by statute common law or otherwise and the express terms shall prevail save to the extent that such conditions representations or warranties cannot be properly excluded under the express terms of any statutory enactment.
3. ORDER ACCEPTANCE
- Unless otherwise expressly stated in writing all quotations and estimates by the Seller are invitations to treat. The Customer’s order is an offer and will be accepted creating a contract subject to the Seller’s conditions contained herein.
- All goods quoted are subject to availability.
- An order will be deemed as accepted:
- upon the Seller posting, faxing or emailing its confirmation of the order or if there be no such confirmation,
- upon acceptance by the Customer of delivery of the Goods by the Seller.
- Deliveries of goods to the Customer shall be in accordance with the Seller’s delivery schedule.
- The Seller will procure delivery as near as possible to the delivery address as a safe hard road permits. The Customer shall provide at his own expense the labour for unloading; such labour to be available on the day notified by the Seller for delivery; such labour to commence the unloading of the Goods within thirty minutes of the arrival of the Goods at the location specified for delivery. The customer shall unload with reasonable despatch. Damage due to inadequate site access or careless unloading shall be at the Customer’s risk and sole expense.
- Where the goods are not delivered by the Seller, but by an independent carrier, delivery to the carrier shall be delivery to the Customer.
- Each delivery will be deemed to be a separate contract on the same terms as contained herein notwithstanding that two or more deliveries may be invoiced together or the relevant charge paid in one payment.
- The Customer shall note any claim for short delivery and/or for obvious damage to the Goods on the delivery note at the time of delivery and shall confirm such claims in writing to the Sellers Head Office within three working days from the date of delivery. Compliance with this requirement shall be a condition precedent to any claim for short delivery and/or damaged Goods. If short delivery does take place the Customer undertakes not to reject the Goods but to accept the Goods delivered as a part performance of the Contract. Due to the nature of polyester paint the Seller does not guarantee the surface finish will be free from surface scratches.
- If the Customer fails to take delivery on the agreed delivery date or if no specific delivery date has been agreed, when the Goods are ready for despatch, the Seller shall be entitled to store and insure the Goods and to charge the Customer the reasonable costs of doing so.
- It is the responsibility of the customer to inform the Seller of any days that they will be unavailable to accept delivery at point of order. If the Customer is unable to take receipt of goods without notifying the Seller in advance the delivery will be postponed and a redelivery charge will be incurred.
- It is the responsibility of the Customer to inform the Seller of any access restrictions for deliveries. Failure to do so may result in the delivery being postponed and a redelivery charge being incurred.
- The Seller undertakes to use its reasonable endeavours to despatch the Goods on a promised delivery date but does not guarantee to do so. Time of delivery shall not be of the essence of the contract unless expressly so stipulated in writing. If delivery is prevented, delayed, hindered or the Goods to be delivered diminished by strikes, lock-outs, fire, accidents, defective materials, delays in receipt of raw materials or bought in goods or components or any other cause beyond the reasonable control of the Seller’s reasonable extension of time for delivery shall be granted and the Customer shall pay such extra charges as shall have been occasioned by the delay.
- Unless otherwise stated, all quotations and estimates assume delivery in full loads. The Seller reserves the right to charge extra for delivery in part loads where requested by the Customer.
- Customers who are collecting bulky items must do so in an appropriate flatbed vehicle which can safely be loaded by forklift or overhead crane. The Seller will not load onto roof-racks or into enclosed vans.
- All prices contained in quotations and estimates issued by the Seller are unless otherwise stated, subject to amendment until order acceptance.
- All prices exclude delivery charges and VAT unless otherwise stated.
6. GOVERNMENT TAXES OR LEVIES
Any variations to prices quoted as a result of Government taxes and levies will be for the Customer’s account.
7. SUITABILITY FOR PURPOSE
- On the request of and at the sole expense of the Customer the Seller will procure a sample of the Goods (the Sample) and/or a certificate of Analysis (the Certificate) for the Customer in order that the Customer may satisfy himself as to the quality and fitness of the Sample for any purpose, process and conditions for which the Goods are purchased.
- It is the Customer’s responsibility to ensure on delivery that the Goods are suitable for any purpose for which they are bought and correspond with the Sample and/or the Certificate as no responsibility for errors or omissions will be accepted by the Seller once the Customer’s offer has been accepted by the Seller.
- The Seller will not be responsible for the quality or fitness for any purpose of the Goods and the Customer shall take the Goods on the basis of his own judgement and on the results of his examination and testing of the Sample. If the customer does not require a sample then he shall be deemed to have satisfied himself as to the quality and fitness of the Goods for the purpose process and conditions for which the Goods are purchased.
- All Information on the Sellers website and given by the Sellers sales team is for guidance only.
- The customer shall carry out a thorough inspection of the Goods within seven days of their delivery and shall give written notification to be received at the Head Office of the Seller within ten days of such delivery of any defects which a reasonable examination would have revealed. Subject to compliance with the above obligations under Clause 4 (v) hereof which shall be a condition precedent to the Seller’s liability the Seller will replace free of charge any of the Goods damaged prior to delivery to the Customer.
- In the case of Goods not of the Seller’s manufacture, but supplied by the Seller as part of a Contract or order, the seller will assign to the Customer its rights against its supplier and those rights if so assigned shall be taken in extinction of and substitution for any rights which the Customer would otherwise have had against the Seller.
- The liability of the Seller under this warranty shall be limited to the invoice value of the Goods replaced and the Seller shall not be liable for any consequential loss or damage howsoever caused. It shall be the duty of the Customer to insure against such consequential loss and to hold the Seller harmless therefore.
9. TERMS OF SALE
- The Customer shall pay in full at the point of order, unless a credit account has been established.
- Where credit facilities exist the Customer shall pay strictly agreed 30 days after the date of invoice and shall pay interest on overdue accounts at the rate of 4% above HSBC plc base rate from time to time, accruing daily. If the customer shall fail to pay promptly, the customer will lose the benefit of any previously agreed discount and credit facilities will be removed.
- The Customer shall pay all accounts in full and not exercise any rights of set off or counter-claim against invoices submitted.
- The risk in the Goods shall pass to the Customer on delivery.
- Notwithstanding the earlier passing of risk the ownership of the Goods shall remain with the Seller until receipt by the Seller of payment in full in respect of the purchases by the Customer of the Goods.
- Until such time as ownership of the Goods passes to the Customer the Customer shall hold the Goods as bailee for the Seller and they shall be stored by the Customer at his premises in such a manner that they are safe and clearly identifiable as the Goods of the Seller. Provided that the Customer may, in the ordinary course of its business sell or otherwise dispose of or deal with the Goods.
- The Seller may at any time when monies are due to the Seller in respect of the Goods by written notice, terminate the Customer’s power to sell or otherwise dispose of or deal with the Goods. If:-
- the Customer shall be in breach of any of the provisions of this clause;
- the Customer becomes bankrupt or makes an assignment, agreement or composition with its creditors or suffers distress or process of execution to be levied on its property;
- a meeting is convened or a resolution passed or a petition is presented (otherwise than for a reconstruction or amalgamation) to wind up the Customer or a Receiver or Administrator of the Customer is appointed; or
- in the opinion of the Seller serious reason for doubts arise as to the Customer’s solvency.
- At any time after termination pursuant to sub-clause (vii) above the Seller may take possession of any of the Goods in which ownership remains in the Seller and remove and dispose of them as the Seller thinks fit. For this purpose or to determine what, if any, Goods are held by the Customer, and to inspect them, the Seller may enter any premises of the Customer.
- The Seller shall be entitled to maintain an action for the price of any Goods, notwithstanding that the ownership of them has not passed to the Customer.
- In the event that it should prove necessary to instruct a third party to recover any outstanding sum then any reasonable charges incurred as a result including court fees and solicitors fees shall become the responsibility of the Customer.
- Any dishonoured or stopped cheques suffered by the seller shall incur a charge of £25.00 per attempt at clearance.
10. AMENDMENTS, CANCELATIONS & REFUNDS
Internet/Phone Sales of stock products
- The Consumer Rights Directive state the Customer have 14 calendar days from the date of order, to cancel and return the goods for any reason. Cancelations must be made in writing and the Customer must cover the cost of any returns.
- In the event that goods the Seller has supplied are found or are suspected to be faulty the goods will need to be returned to us at the Customer’s expense for inspection.
- Once the goods have been dispatched delivery charges are non-refundable.
Made to order / Bespoke products
- Once the order has been confirmed any amendments to goods deemed to be bespoke must be made in writing.
- Cancellations made prior to production may incur a cancellation surcharge of up to 10% of the overall value. (For orders below £300 ex VAT a minimum cancellation charge of £30 plus VAT applies.)
- Once goods deemed to be bespoke have been made to the Customer’s specification it is no longer possible to change or cancel these goods and the Customer is responsible for the full invoice amount of the goods.
- Goods deemed to be bespoke and not found to be faulty cannot be returned.
Credit Card Fee’s
Any fees incurred due to the use of credit cards are non-refundable.
A waiver by the Seller of a breach or default of any of the provisions of these Conditions by the Customer shall not be construed as a waiver of any succeeding breach of the same or other provisions nor shall any delay or omission on the part of the Seller to exercise or avail itself of any right power or privilege that it has or may have hereunder operate as a waiver of any breach of default by the customer.
This contract and each Condition forming part thereof shall be governed by and construed in accordance with English Law and the parties hereby irrevocably submit to the jurisdiction of the English Courts.