All quotations given and all orders accepted by us are subject to the following Terms and Conditions. Any Terms and Conditions contained in the buyer’s order or subsequent correspondence which are inconsistent herewith shall not apply unless they have been specifically accepted by us in writing.
All goods are exposed for sale subject to their being unsold at the date when they buyer’s order is received.
All prices quoted by us are exclusive of delivery charges unless we have specified in writing to the contrary.
Any price lists comprised in or issued with any catalogues supplied by us and all individual rates contained therein are subject to withdrawal without notice.
All prices, estimates and quotations forming part of an order accepted by us shall be subjected to revision if in our opinion increased in the cost of materials, labour etc, or other circumstances arising before completion of the order render such action necessary.
All prices quoted by us are exclusive of value added tax.
PAYMENT OF THE PRICE
The price of the goods shall be payable at the time or times agreed by parties. Failing such agreement the price shall be payable not later than the end of the month following that during which goods are delivered or we notify the buyer that goods are available for collection. Where the price is payable and the goods are deliverable or collectable in instalments, the price of each instalment of the goods has been delivered or we notified the buyer that the instalment was available for collection. In the event of the price of any instalment thereof not being paid when it fails due the following conditions shall apply.
Interest thereon will run from the due date until payment at the rate of statutory interest as defined in Section 6 of the Late Payment of Commercial Debts (Interest) Act 1998 and any Order made there under applicable from time to time.
We shall have the option of suspending any outstanding deliveries until all outstanding instalments of the price have been paid or alternatively of cancelling the contract under reservation of our right to claim damages for breach of contract and payment of the price of good already delivered but not recovered by us and interest thereon in terms of class 3 (a).
In the event of cancellation of the contract Under Clause 3(b) we shall have the right to enter upon the buyer’s premises and remove therefrom any goods, property in which has not yet passed to the buyer.
In the event of our claiming damages under clause 3(b) any instalments of the price already paid by the buyer shall be retained by us to account of our claim for damages.
In the event of the buyer becoming apparently insolvent in terms of Bankruptcy (Scotland) Act 1985 or entering into a composition or arrangement with his creditors, or having an order for winding up or sequestration made against him or passing a resolution for voluntary winding up (except for purpose reconstruction), or having a receiver or administrator appointed, it shall be in our option forthwith to cancel the contract. In the event of the contract being cancelled by us under the Clause we shall be under no obligation to make any further delivery, but we shall be entitled to payment in full for all goods delivered to the buyer and not received by us under reservation of our right to claim damages for breach of contract.
The (Company) reserves the right to make scheduled deliveries each of a part only of the overall amount and the value of (goods) ordered by the (buyer) where any such scheduled delivery is made the goods comprised within each delivery shall be deemed to have been sold and delivered under a separate contract for the whole sale of the goods the subject of such delivery and will be invoiced separately. The buyer will pay for goods delivered in each scheduled delivery without set off, counter claim or deduction in respect of previous of future scheduled delivery or other goods ordered from the company.
Time shall not be of the essence of the contract. Delivery or collection date or dates given to the buyer shall not have contractual effect.
PASSING OF PROPERTY
The property of the goods shall not pass to the buyer until the buyer has paid the whole price thereof, including every instalment if the price is payable by instalments and any interest eligible thereon. In the event that title to the goods passes to a third party in circumstances here the price of an instalment of the price has been paid, then the buyer shall hold in trust for us absolutely the proceeds of sale received from the third party to the extent only of all sums due to us under the contract and will be bound to account to us therefore.
PASSING OR RISK
Risk shall pass to the buyer on delivery.
When goods are delivered it shall be the responsibility of the buyer to ensure adequate vehicle access to the delivery point and to provide all necessary labour to off-load the goods. Any loss, damage or costs incurred by us which results from a breach of this condition shall be paid for by the buyer.
STORAGE AND HANDLING
It shall be the responsibility of the buyer to protect the goods from exposure to the weather and to maintain them in conditions such that decay, insect attack and increase in moisture content are prevented. We shall accept no liability for loss of damage caused by improper storage or handling by the buyer.
DRAWINGS, INSTRUCTIONS AND TECHNICAL INFORMATION
When drawings, instructions or technical information relating to the goods are provided or available, it shall be the responsibility of the buyer to make himself fully conversant with such drawings or information when making use of the goods or adapting the goods for his own purposes. We shall accept no liability for loss of damage caused by improper use of adaptation of the goods by the buyer.
SAMPLES AND BATCHES OF GOODS
Goods are offered for sale on the understanding that they may differ from any samples previously used for selection. Goods may differ from batch to batch.
GUARANTEE OF SUMS DUE
(A) Where any persons (“the guarantor”) agree to guarantee the performance of the customers financial obligations under the contract that guarantee (“the guarantee”) shall be an unconditional and irrevocable guarantee, it is made in consideration of the Company making available to the customer a credit account, it is a continuing security and shall not be discharged by any intermediate settlement of the customer’s credit account nor shall or be affected by any change in the customer’s credit limit.
(B) The guarantee shall ensure for the benefits of the Company, its successors and assigns and can be assigned in whole or in part by the Company without notice to the Guarantor, its parent Company or any subsidiary of the ultimate parent Company.
(C) Where there are two or more guarantors their obligations shall take effect as joint and several obligations and the guarantee shall not be revoked or impaired as to a guarantor by the death, incapacity or insolvency of another.
(D)Regardless of whether a Guarantor ceases to be a Director, employee, agent or otherwise leaves the service of the customer (notice of which the customer will immediately give to the Company), no guarantor shall be discharged or released from his obligations pursuant to the guarantee unless and until the Company expressly confirms in writing that he is so discharged or released.
(E)In the event of failure or default , or non-compliance with the terms and conditions of this contract, International Doors and Windows Ltd has the right to proceed against the signatory (The director(s), partner(s), Company secretary, proprietor or employee of the business) personally.
(F) The Company may, at its sole discretion, conditionally or fully release or discharge any guarantor from his obligations under the guarantee or accept any composition from or make any other arrangements with any guarantor without releasing or discharging the other(s) or without prejudicing or affecting the Company’s rights and remedies against them.
LIMITATION OF LIABILITY
Without prejudice to the foregoing Conditions, or liability for any loss or damage which the buyer may sustain in consequence of any damage, shortage or other defect in the goods or for any other breach of duty on our part arising out of or in connection with this contract shall be limited to £1,000. We shall be under no liability for any loss, damage or delay howsoever arising caused by circumstances out with our control.
RETURN OF MATERIALS
Return of materials specifically bought in or specially manufactured and correctly supplied to the buyer’s instructions cannot be accepted nor can cancellation of such order be accepted. Return or other materials correctly supplied to the buyer’s instruction may be accepted at our discretion subject to a restocking charge. Return of any such materials which are not in an acceptable re-sale condition cannot be accepted.
In the event of any breach of these conditions by the buyer (i) the buyer shall be liable for all costs incurred by us in relation to the breach, and (ii) in addition, we reserve the right to add an administration charge to the buyer’s account. The administration charge will be £50 at the time of breach.
ACCEPTANCE OF ORDER
The person placing the order will be personally liable as the buyer under these conditions unless we have accepted in writing a written order for the goods from some other person.
INTERPRETATION AND CHOICE OF LAW
These conditions and the contract to which they apply should be governed and interpreted according to the law of Scotland.
DATA PROTECTION ACT 1998
Information supplied by account holders may be used by the Company to create, confirm and update the Company’s customer records as follows:-
The data subject has the right to request a copy of the personal data held by the Company and it will be provided upon payment of a £1 administration fee.
NOTIFICATION OF DEFECTS
The buyer shall inspect the goods on delivery or collection and shall inform us as soon as reasonably practicable thereafter and, in any event, within three working days of delivery or collection of any damage, shortage or other defects in the goods or if the goods are not as ordered which he may discover on inspection. Where a carrier has been employed by us to effect delivery any claim for shortage or damage must be intimated both to us and to the carrier as soon as reasonably practicable thereafter and in any event within three working days of the date of delivery. We shall not be liable for any loss or damage which the buyer may sustain due to damage, shortage or other defects in the goods or if the goods are not as ordered which could have been discovered and notified in terms of this clause.
We can offer 'Secure by Design' on our window and door ranges.
U Values from 0.7, A* Energy Rated, and environmentally conscious products.
Many of our products comply with FSC, PAS 23/24, CE Marking, and are tested by BM Trada.
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"My experience with International Doors and Windows was excellent. They were competitive on price and provided top quality products and services."