1. Where other terms have been expressly agreed in writing signed by us and by you to that effect which are in force at the date of receipt of this quotation, the Goods shall be supplied on those terms in addition or variation of these terms but otherwise the Goods are sold and works carried out on these conditions and it is expressly agreed that, acceptance by you or the offer contained in this quotation shall be conclusive of your acceptance of this clause and these conditions. These conditions may only be varied in writing by a Director.
2. The quantity, quality and description of any specification for the Goods shall be those set out in our current promotional literature.
3. If the goods are to be manufactured or any processes to be applied to the Goods by us in accordance with a specification submitted by you, you shall indemnify us against all loss, damages, costs and expenses awarded against us or incurred by us in connection with or paid or agreed to be paid by us in settlement of any claim or infringement of any patent, copyright, design, trademark or other industrial or intellectual property rights of any other person which results in our use of your specification.
4. We reserve the right without notice to make any changes in the specification of the Goods (or to components of the Goods) which are required to conform with any applicable safety or other statutory requirements (or where the Goods are to be supplied to our specification, make changes which do not materially affect quality or performance).
5. No accepted order may be cancelled by you except with our agreement in writing and on terms that you will indemnify us in full against all loss (including loss of profit), costs (including the costs of all labour, materials used), damages, charges, charges and expenses incurred by us as a result of the cancellation.
6. All prices quoted are valid for 30days only or until your earlier acceptance, after which time they may be altered by us without notice. Notwithstanding this we reserve the right by giving notice at any time before delivery, to increase the price to reflect any increase in the cost to us which is due to any factor beyond our control (such as, without limitation, any increase in labour, materials and other costs of manufacture), any change in delivery dates, quantity or specification of the Goods which is requested by you, or any delay caused by your instructions or failure of yours to give us adequate information or instructions.
7. Unless otherwise agreed in writing, all prices are given by us on an ex-works basis, and where we agree to deliver the Goods to your premises or elsewhere, you will be liable to pay transport charges, packaging and insurance. The price quoted is exclusive of any Value Added Tax, which will be charged at the prevailing rate.
8. We shall be entitled to invoice you for the price of the Goods or at any time after delivery of the Goods, unless the Goods are to be collected by you or you refuse to take delivery of the Goods in which event we shall be entitled to invoice you for the price of any time after we have notified you that the goods are ready for collection or we have tendered delivery of the Goods.
9. The price will be paid in full at point of order in order to process. We do not under any circumstances process orders without complete payment – no deposits can be taken and payment on delivery is not an option.
10. Any dates quoted for delivery of the Goods are made in good faith but we are not liable for any delay in the delivery of Goods howsoever caused. The time for delivery shall not be of the essence unless expressly agreed by Concept Canopies. in writing. Goods may be delivered by us in advance of the quoted delivery date upon giving reasonable notice.
11. Where delivery is by instalments, each delivery shall constitute a separate contract, failure by us to deliver any one or more of the instalments in accordance to these conditions or any claim by you in respect of any one or more of the instalments shall not entitle you to treat the Contract as a whole as repudiated.
12. Subject to Clause 11, if we fail to deliver the Goods for any reason other than any cause beyond our reasonable control or your fault, and we are accordingly liable to you, our liability shall be limited to the excess (if any) of the cost to you (in the cheapest available market, or similar Goods replaced with those not delivered) over the price of the Goods.
13. If you fail to take delivery of the goods or fail to give us adequate delivery instructions at the time stated for delivery then without prejudice to any other right or remedy available to us we may:-(i) Store the Goods until actual delivery (delivery charge MUST be paid again) and charge you for the reasonable cost (including insurance) for storage, or (iii) Sell the Goods at a price readily obtainable and (after deducting all reasonable storage and selling expenses) account to you for the excess over the price under the Contact or charge you for any shortfall below the price under the Contract and charge interest.
14. Risk of damage to or loss of the Goods shall pass to you:- (i) in the case of the Goods to be collected from our premises at the time we notify you that the Goods are available for collection (ii) in the case of the Goods to be delivered otherwise than at our premises at the time of delivery or if you wrongfully fail to take delivery of the Goods at the time when we have tendered delivery.
15. Our products are guarantees against defective material of faulty workmanship in accordance with the attached “GRP Product Guarantee’’- Appendix I. Our liability is limited to replacing or making good such defective material of faulty workmanship free of charge, subject to our inspection and agreement of the defective material or faulty workmanship.
16. We do not accept any liablity whatsoever for (a) consequential damage in any event but specifically due to failure or workmanship of any products or parts (b) materials component parts and proprietary articles not manufactured by us but we will assist the customer in obtaining the benefit of any valid guarantee given by the markers thereof (d) defects which are satisfied are due to wear and tear, accident, improper adjustment, misuse, neglect, abnormal working conditions or failure to properly and regular inspections or failure to follow our oral or written instructions by the customer (e) defects which we are satisfied have been aggravated by the continued use after the discovery of the defect (f) defects arising from any drawing, design or specification supplied by you (g) we are under no liability if the total price of the Goods has not been paid by the due date of the payment.
17. Subject as expressly provided in these conditions, except where the Goods are sold to a person as a consumer (within the meaning of the Unfair Contact Terms Act 1977) all warranties, conditions and other terms applied by statute or common law are exclude by fullest extent permitted by law. However, where the Goods are sold under a consumer transaction the statutory rights of the buyer are not affected by these conditions.
18. Any claim by you which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification, or any other query with regards to an invocie shall (whether or not delivery is refused) be notified to us within fourteen days of the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If delivery is not refused, and you do not notify us accordingly, you shall not be entitled to eject the Goods and we shall have no liability for such defect or failure. You shall be bound to pay the price as if the Goods have been delivered in accordance with the Contract.
19. Where any valid claim in respect of any of the Goods which is based on any defect in the quality or the condition of the Goods or their failure to meet any specification notified to us in accordance with these conditions, we shall be entitled to replace the Goods (or the part in question) free of charge, or at our sole discretion, refund to you with the price of the Goods (or a proportion of part of the price) but we shall have no further liability to you
20. Except in respect in death or personal injury caused by our negligence, we shall not be liable to you by reason of any representation, or any implied warranty condition or other term, or any duty of common law, or under the expressed terms of the Contract, for any consequential loss or damage (whether for loss of profit or otherwise) costs, expenses or other claims, consequential compensation whatsoever (and whether caused by negligence of Concept Canopies, its employees or agents otherwise) which arise out of or in connection with the supply of the Goods or their resale by you, except as is expressly provided in these conditions
21. We shall not be liable to you or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of our obligations in relation to the Goods, if the delay or failure was due to any cause beyond our reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond our control:- (i) Power failure or breakdown in machinery (ii) Difficulty in obtaining raw materials, labour, fuel parts or machinery (iii) Strikes, Lock-outs, and other industrial action or trade disputes whether involving employees of Concept Canopies. or any other third party.
22. You will indemnify us in respect of any damage suffered or liability incurred by us whatsoever as a result of any breach by you of any of these conditions or any negligent act of your servant or agent.
23. In any contract which involves importing or exporting where the rate of exchange for pound sterling alters against the relevant foreign currency, we shall have the right to recalculate the invoice price to take account of such change and to charge you the new price in respect of any goods delivered but not yet paid for and any Goods yet to be delivered under the Contract.
24. No waiver by us of any breach of the Contract shall be considered as a waiver of any subsequent breach of the same or any other provision. If any provision of these conditions is held by a competent authority to be invalid or unenforceable in whole or in part, validity of the other provisions of these conditions and the remainder of the provision in question shall not be affected thereby.
25. The contract shall be governed solely by the Laws of the England and the parties hereby submit themselves to that jurisdiction.
26. We accept returns on standard products only providing the goods are in their good original unfitted condition and a restocking fee (20% of the item) is paid prior to the return. Any returns MUST be organised with us prior to actioning. We will not credit any original carriage / return carriage fees paid and we reserve the right to decline a return should this have not been organised with us prior.