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BHID GROUP LTD
LONDON DOOR COMPANY (Company Reg 10948328) TERMS & CONDITIONS OF SALE – CONSUMERS
Please read these terms and conditions carefully. If you have any questions please contact us at the address set out in the glossary. Please pay particular attention to the clauses in bold type which exclude or limit our liability.
1 ACCEPTANCE OF ORDERS
1.1 You make an offer to buy by signing the Quotation or by placing an Order, which we accept when we receive the first instalment of the price for the Goods.
1.2 We are not bound to accept Your Order. If we accept Your Order, you are responsible for its accuracy and for the specification contained in it.
1.3 The quantity, quality, description and any specification of the Goods shall be as set out in the Quotation or the Order. If there is any inconsistency between a Quotation and an Order, the Order will apply.
2 RELIANCE ON CONDITIONS / REPRESENTATIONS
2.1 The Contract shall be on these Conditions only, unless any change is agreed in writing and signed by You and one of Our Directors. This does not prevent us from correcting typographical or other errors or omissions in documents or information issued by us.
2.2 You should not rely on promises or claims made by anyone other than us or Our authorised representatives.
2.3 Please read any literature we provide and follow any advice or recommendations.
3.1 You may visit Our showroom if you wish to check the specification of the Goods.
3.2 Except where it is provided by You, all intellectual property rights in the specification, are owned by us.
3.3 In order to continually improve our services, we may make small changes to specifications from time to time.
4 PRICE AND PAYMENT
4.1 Except as explained in Clauses 4.2 to 4.4 the price for the Goods is as set out in the Quotation plus VAT. The price is valid for 30 days from the date of the Quotation.
4.2 You will be charged a ‘small order delivery charge’ for Orders below minimum value. If this applies to You We will agree this with You before We proceed.
4.3 You may be charged an ‘urgent order delivery charge’ if You request delivery earlier than any agreed delivery date. The urgent order delivery charge will be confirmed to You as soon as reasonably possible after You request the early delivery date.
4.4 If the cost to us of producing or delivering the Goods increases by reason of any of the following, then we will notify You before undertaking the work:
4.4.1 any changes in quantities or specifications requested by You;
4.4.2 any increases in the cost materials and/or labour; and/or
4.4.3 any other factor outside Our control.
4.5 You will pay the price for the Goods in 3 instalments. The first instalment of 25% is payable upon signing the Quotation or placing the Order, the second instalment of 55% is payable 14 days prior to installation and the third instalment of 20% is payable upon practical completion of the installation of the Goods. Payment is made only when we have received cleared funds into Our bank account.
4.6 If you have entered into a credit agreement with a Finance Company, excluding any deposit You have paid us You will pay for the Goods under the terms of that credit agreement. If Your actions mean that the Finance Company refuses to release the funds to us before installation of the Goods, You agree that You will pay the balance of the contractual price upon receipt of Our invoice.
4.7 If you fail to collect or take delivery of the Goods on the agreed delivery date, We may invoice You at any time after.
4.8 If you fail to make payment on the due date, We shall be entitled to a) cancel the Contract and/or b) charge You interest on the amount unpaid at the rate of 3% interest above Yorkshire Bank’s base rate, and/or c) make a claim against You for the unpaid amount.
4.9 We may reclaim from You any reasonable costs incurred in collecting outstanding sums, including lawyers’ fees and bank charges for returned cheques.
5.1 Delivery takes place at Your Premises (or such other location recorded in the Quotation or Order) unless You collect the Goods from us. You become responsible for the Goods upon delivery.
5.2 We will try to deliver the Goods on any agreed delivery date or within a reasonable time.
5.3 We will not be liable to You for any unforeseeable loss, damage or expense You suffer which arises directly or indirectly from any delay in delivery of the Goods which arises from circumstances outside of Our control.
5.4 A delivery/collection note signed by You is proof of delivery/collection of the Goods.
5.5 If You fail to take delivery of the Goods or We cannot deliver them because You fail to give adequate instructions, permission and/or access, Our responsibility (except for damage caused by Our negligence) will end on the agreed delivery date and You will pay Our reasonable costs (including insurance) of storage until actual delivery.
5.6 If You do not take delivery within 21 days from the agreed delivery date, We may sell the Goods at the best possible price.
5.7 We will only be liable for non-delivery of Goods if You give us Written notice within 7 days of the agreed delivery date. Our liability is limited to replacing the Goods within a reasonable time or issuing a credit note against invoices raised for them.
6.1 You must ensure that the Premises are ready for installation on the agreed delivery date. If We are forced to provide labour to do this, You will pay Our proper charges for the work. You will give us and the workmen involved, access to the Premises and free use of any necessary services at all reasonable
times to complete the installation.
6.2 After delivery, You will care for the Goods and any materials left at the Premises and will insure against any loss or damage which might occur to them.
6.3 You will obtain all the consents necessary for the installation and storage of any Goods and satisfy Yourself that the installation and storage of such Goods is in accordance with the provisions of any relevant by-laws, regulations or laws.
6.4 We will not attempt to determine that any part of the existing structure is suitable for the installation and We will not be responsible for any damage to the Premises (except for damage caused by Our negligence or breach). We will not carry out any structural alterations, building, decorating, electrical, plumbing or heating work, to or at the Premises. We will only be responsible for damage caused to plastering, tiling or decorations if such damage is beyond what is reasonably commensurate with the installation of the Goods and caused by Our negligence.
7 QUALITY / GUARANTEE
7.1 The quality and finish of the Goods will be reasonably compliant with generally recognised standards in the trade as decided by an independent expert.
7.2 Where a new door is manufactured in Accoya ® and fitted by us with a new door frame we provide a 10 year guarantee on the installation and smooth functioning of the door.
7.3 As a natural product, even the best Accoya ® timber doors may experience some movement in all planes; movement within the published British standards will not constitute a defect. The guarantee does not cover the paint finish, some variation should be expected and small cracks on joints and in the face, whilst rare, are not unexpected or of structural concern. Theses should be filled and repainted with the touch up paint provided.
7.4 Where a new door is manufactured in materials other than Accoya ® (such as Oak or Meranti) and for internal doors and fire doors we provide a 1 year guarantee on the smooth functioning of the door.
7.5 When fitting an Accoya ® door to existing frames we offer a 5-year service guarantee on the door. We commit to maintain the comfortable operation of the door for 5 years from date of installation. We do not undertake decoration of existing frames. All edges must be fully finished within 7 days for the guarantee to apply as unfinished edges increase the likelihood of movement of the door.
7.6 Except as excluded in these Conditions, we will make good free of charge any defects in goods supplied by us which under proper use, appear in the Goods or component parts, within 10 years of installation which are due to faulty materials, workmanship or design. Any third-party goods or components such as hardware, lock, fittings and double glazed units will be subject to that manufacturers guarantee (full details available on request). Due to the effects of environmental exposure brass hardware particularly is not recommended and none of the metallic finishes on any hardware are guaranteed.
7.7 We provide a 1 year guarantee on all new hardware locks and a 5 year guarantee on double glazed, sealed units.
7.8 If we are fitting a new door and frame, where there is either a 50% glazing in the door or glass in the frame you will receive a FENSA certificate after installation as proof that all works were carried out to the required building regulation standards.
7.9 We are not able to guarantee the surface finish of our doors, whether they are painted, stained or another finish. Generally, the more exposed the door to rain, sun and weather conditions, the more frequently the door will require re-painting. Darker doors in sunny positions are likely to require re-painting more frequently whereas doors fitted deep inside porches/facing North will require less attention.
7.10 There is no guarantee against cracks in lead light stained glass.
Doors supplied or installed primed must be fully painted on all sides within 7 days for any guarantee to apply. Our guarantee will only apply.
7.11 We do not guarantee installation work completed by any person or organisation or any door fittings, furniture or products supplied other than those from our recommended.
7.12 When fitting new door frames every care will be taken during removal of the old frames bus some damage to surrounding plaster work and masonry may occur. We will make good plaster / repair damage on areas up to 20cm2. Areas in excess of 20cm2 may need to be undertaken by a plasterer/organisation this would be responsibility of the customer.
7.13 Where the door is on a ‘supply only’ where we are not involved in the installation. The dimensions are those presented by the customer or their agent. We will have no liability for the measurement of ‘supply only’ doors.
7.14 Care should be taken to ensure that new openings are structurally sound, well-sealed and made to a size confirmed to us in writing. Our frames are not designed to bear loads.
7.15 We do not accept any liability for existing electrical devices attached to the door or frame. We do not guarantee the continuing functioning of any electrical supply, IT (telephone, internet, television, etc.) utility connections in close proximity to the frame. The customer should liaise with the relevant providers of the above services before installation of the door and frame.
7.16 When fitting the new door and/or frame we recommend that you contact your burglar alarm provider to disconnect any alarm system before the installation of the door and/or frame and arrange for reconnection after completion of the door/frame installation. When fitting the new frame our installers may change over the magnets, but we offer no guarantee on the continuing functioning of the burglar alarm. We do not guarantee the continuing functioning of door entry systems which should be serviced by your door entry system provider.
7.17 We will change over door bells but we do not guarantee the continuing function of the doorbell.
7.18 We will not be responsible for refitting or the ongoing functioning of any existing security grills and security gates. The providers of these items should be contacted to service or ensure they are fully functioning.
7.19 We do not guarantee or accept any responsibility for the functioning of customer supplied locks or door fittings/furniture.
7.20 We will dispose of old doors, frames and fittings unless our installers are specifically asked not to.
7.21 Our guarantee is limited to the repair or replacement (at our discretion) of the goods ordered or refund the price paid. We will not accept liability for the reinstallation of supply only goods that are found to be faulty. Our guarantee will not apply if there is any unpaid balance outstanding.
8 TITLE AND RISK
8.1 Until You have paid for the Goods in full You agree to a) store the Goods separately to other property so they are readily identifiable as Our property b) not destroy or obscure any identifying mark or packaging on the Goods and c) maintain the Goods in a satisfactory condition and insure them accordingly. In the event of loss or damage to the Goods, You shall hold the proceeds of such insurance on Our behalf.
8.2 You may attach the Goods to Your property, provided that they can be removed without causing damage (other than superficial damage) to Your property.
8.3 If you do not pay for the Goods by the due date You agree that We may, upon giving reasonable notice, enter the Premises in order to inspect the Goods or if You are no longer entitled to possess the Goods, to recover them from Your Premises.
9 OUR LIABILITY
9.1 You agree to examine the Goods after delivery and notify us in Writing of any apparent damage, defect or shortage as soon as reasonably possible. If We do not receive such Written notification We will be deemed to have properly performed Our obligations under the Contract.
9.2 We will not be liable for any loss, damage, costs, expenses or liability You incur arising out of any infringement of any intellectual property right of any other person or any claim of illegality resulting from Our use of any specification, materials, or information supplied by You.
9.3 We will not be liable to You for any defects in the Goods brought about by Your failure to properly store the Goods in accordance with Clause 6.2.
9.4 We will not be responsible for loss of or damage to the Goods arising from fair wear and tear, wilful damage caused by You or any third party, accident or negligence by You or any third party, use of the Goods other than as recommended by us, failure to follow Our instructions, or alteration or repair carried out without Our approval.
9.5 Subject to Clauses 9.3, 9.4 and 9.6 Our liability for defective Goods will be limited at Your option to a) replacing the Goods b) rectifying such defects at Our own expense (provided that You give Us full facilities at all reasonable times to remedy such defects) or c) granting You a full or partial refund or credit note for the appropriate part of the price of the Goods.
9.6 Nothing in these Conditions excludes or limits Our liability for death or personal injury caused by Our negligence, for fraud or fraudulent misrepresentation, under section 2(3) of the Consumer Protection Act 1987 or for any other liability that cannot be restricted by law.
10 YOUR CANCELLATION RIGHTS
10.1 You may cancel the Contract by giving Written notice a) if We do not fulfil Our obligations under the Contract, b) within 7 days of You being informed of an increase in the price of the Goods under Clauses 4.3 or 4.4, or c) if Your application for a credit agreement with a Finance Company is unsuccessful or during any cooling-off period under a credit agreement.
10.2 You may also cancel the Contract by giving written notice in accordance with the provisions of the notice of your right to cancel the Contract at any time within the period of 7 days starting with the date of receipt of such notice.
10.3 If You cancel the Contract under Clauses 10.1 or 10.2 We will return any instalments of the price for the Goods which You have already paid to us.
11 OUR CANCELLATION RIGHTS
11.1 If You commit a serious breach of the Contract which is not remedied within 21 days of receiving notice from us, We may cancel the Contract immediately on Written notice.
11.2 If You fail to make payment on the due date We may cancel the Contract or suspend further deliveries to You, on giving You 14 days Written notice.
11.3 We may cancel the Contract in relation to future deliveries if a) You are or propose to become the subject of a bankruptcy petition or order, or You make or propose to make an arrangement or composition with Your creditors, b) acting reasonably We have serious doubts as to Your solvency or c) upon Your death or mental incapacity.
11.4 If We cancel the Contract under Clauses 11.1, 11.2 or 11.3, a) You will immediately pay any outstanding sums owed to us, along with any reasonable expenses incurred by Us in performing all or part of the Contract b) We may cancel any other contract made by us with you and c) We have the right, on giving reasonable Written notice, to enter the Premises and remove any Goods and materials which belong to us.
11.5 If Your application to enter into a credit agreement is refused, We may cancel the Contract by giving You Written notice and will return any instalments You have already paid to us.
11.6 Our rights under these Conditions do not prevent Us from exercising any other rights to recover amounts due to Us for Goods delivered to date and any loss, damage, costs, expenses or liability that we have sustained.
12.1 We are not liable to You for any delay or failure to perform our obligations under the Contract if it is due to an event beyond our reasonable control.
12.2 If a court finds any part of these Conditions void or unenforceable, that clause or part will be deleted and the remaining provisions will continue to apply in full.
12.3 If we do not fully exercise one or more of our rights under these Conditions, this does not prevent us from exercising any other rights in future.
12.4 The Contract is personal to You and cannot be transferred without prior Written consent from our Directors, which will not be refused without good reason.
12.5 Unless We notify You otherwise, any notice to be given under the Contract should be in Writing addressed to Us at the address in the Glossary. We will send any notices to You to the address shown in the documents forming the Contract.
12.6 No party except You or Us may exercise any rights in respect of this Contract under the Contracts
(Rights of Third Parties) Act 1999 (as may be amended or extended).
12.7 These Conditions and the Contract are governed by English law and both You and Us submit to the exclusive jurisdiction of the Courts of England and Wales.
Us, which includes these Conditions, the Quotation and any special
terms and conditions agreed between You and Us;
in order to pay for the Goods;
13.1 Words in the singular include the plural and vice versa.
13.2 Clause headings do not affect the interpretation of these Conditions.
13.3 General words such as “include” or “including” shall not be given a restrictive meaning.
If you are unsure about any aspect of our terms and conditions, please contact us at:
London Door Company Ltd, Broadoak Business Park, Ashburton Road West, Trafford Park, Manchester, M17 1RW.
T: 0845 646 0690
Copyright London Door Company 2018
Company Registration: 10948328