Terms and Conditions of Sale
TERMS AND CONDITIONS OF SALE
i. All quotations and orders whether verbal or in writing are made subject to the following Terms and Conditions, which shall govern the contract to the exclusion of any other Terms and Conditions. No addition to or variation of these conditions will bind the Seller, unless it is specifically agreed in writing and signed by a Director of HC Door Services Limited. No agent or person employed by or under contract with the Seller has the authority to alter or vary these conditions in any way.
ii. No waiver by the Seller of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.
iii. If any provision of these conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these conditions and the remainder of the provision in question shall not be affected thereby.
i. “Buyer” means the person or business named in the purchase order or quotation.
ii. “Seller” means HC Door Services Limited
iii. “Goods” means all items to be supplied (or instalment or part of them) and all work to be done (or instalment or part of them) by the Seller as specified in the order.
iv. “Purchase Order” means the Buyer’s purchase order.
v. “The Contract” means the contract between the Buyer and Seller for the sale and purchase of Goods.
vi. “Quotation” means the quotation provided by the Seller to the Buyer setting out the description, price and quantity of the Goods. Words in the singular shall include the plural and vice versa, references to any gender shall include the others and References to legal persons shall include natural persons and vice versa.
3. PRICE AND DELIVERY
i. All prices are quoted and payable in sterling and are exclusive of any value added or similar tax payable therein.
ii. A minimum charge of 4 hours will apply to all attended call outs, unless a Service Contract is in place.
iii. Quotations shall be valid for a period of 30 days from the date of the quotation and may be withdrawn after that period. The Seller reserves the right to withdraw a quotation at any time. Once the Buyer places an order or instructs the Seller to commence works based on a quotation supplied by us, the Buyer is accepting the terms and conditions set out herein.
iv. The Seller charges a Call Out Charge of £150 + vat (this includes the first hour) and £75 + vat per hour thereafter. The Seller charges £100 + vat to carry out repair quotations.
v. Whilst carrying out Contracted / Quoted Works any delays that occur on site which are not the responsibility of the Seller will in addition to the contracted costs incur a waiting charge at the normal hourly rate of £75 + vat.
vi. When carrying out Sub Contract works the Seller shall not be liable for any costs incurred due to failure of any parts or materials fitted not supplied by the Seller.
vii. The price includes for delivery Ex Works or as otherwise specified therein.
viii. The Seller reserves the right, by giving notice to the Buyer at any time before delivery, to increase the price of the Goods to reflect any increase in the cost to the Seller which is due to any change delivery dates, quantities or specifications for the Goods which is requested by the Buyer or any delay caused by the Buyer’s instructions or the Buyer’s failure to give the Seller adequate information or instructions, or by any deterioration of any item subsequent to a quotation being issued by the Seller for the repair thereof.
ix. Any times quoted for despatch, are from receipt by the Seller of the acceptance by the Buyer of the Seller’s quotation and of all necessary information and drawings to enable the Seller to proceed.
x. Whilst the Seller will use all reasonable endeavours to comply with any delivery, installation or repair dates, the Seller accepts no liability whatsoever for any failure to attain such delivery dates.
xi. Should the Seller receive payment from the Buyer by cash, bank transfer, debit card, credit card, bacs, PayPal, cheque, electronic transfer or any other form of payment then the Buyer is accepting the terms and conditions set out herein.
4. ACCEPTANCE OF GOODS
i. Any claim by the Buyer which is based on any defect in the Goods shall be notified in writing to the Seller within seven days of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable period after discovery of the defect. If the Buyer does not notify the Seller the Buyer shall not be entitled to reject the Goods and the Seller shall have no liability for such defect, and the Buyer shall be bound to pay the price as if the Goods had been delivered in accordance with The Contract.
i. Credit account customers must make full payment within 28 days of invoice date. In all other circumstances payment must be made either in advance.
ii. The Seller reserves the right to amend credit facility conditions and terms or to withdraw facilities at any time.
iii. Orders over £100 for account holders or those without an account will be required to make full payment in advance.
iv. The Seller reserves the right to require full or part payment prior to commencement of works.
v. In processing the Buyer’s application for credit facilities we may make enquiries of credit reference agencies or other third parties who may record those enquiries. The Seller may also disclose information about the conduct of the Buyer’s account with the Seller to credit reference agencies or other third parties. The information obtained from or provided to credit reference agencies or other third parties may be used when assessing further applications for credit terms, for debt collection, for tracing and for fraud prevention.
vi. Failure to comply with these terms and conditions will cause withdrawal of credit facilities and any amounts outstanding will become payable immediately.
vii. In the event the Buyer does not adhere to the Sellers payment terms then the buyer’s details may be passed to a licensed credit reference agency.
viii. The Buyer understands and will exercise our statutory right to claim interest and compensation for debt recovery costs under the late payment legislation if we are not paid according to agreed terms.
ix. The Seller does not accept retention of monies on any supply/ installation contract.
6. RISK AND PROPERTY
i. Risk of damage to or loss of the Goods shall pass to the Buyer at a time when the Seller notifies the Buyer that the Goods are ready for collection or once the Goods have been delivered to the Buyers site or if the Buyer wrongfully fails to take delivery of the Goods.
ii. Notwithstanding delivery and the passing of risk in the Goods, any other provision of these conditions, the property of the Goods shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the price of the Goods and all other Goods agreed to be sold by the Seller for which payment is then due.
iii. Until such time as the property in the Goods passes to the Buyer (and provided that the Goods are still in existence and have not been re-sold) the Seller shall be entitled at any time to require the Buyer to deliver up the Goods to the Seller and, if the Buyer fails to do so forthwith, to enter upon any premises of the Buyer or any third party where the Goods are stored or installed and repossess the Goods.
iv. If the Seller is required to undertake legal action to recover money owed by the Buyer then the cost of this legal action will be payable by the Buyer.
7. FORCE MAJEURE
i. The Seller shall be entitled to delay or cancel delivery or to reduce the amount of Goods delivered if and to the extent that it is prevented from or hindered in or delayed in manufacturing, obtaining or delivering the Goods by normal route or means of delivery through any circumstances beyond its control including (but not limited to) strikes, lock-outs, accidents, war, fire or breakdown of plant machinery etc.
8. ASSIGNMENT AND SUB-CONTRACTING
i. The Seller may entirely at their discretion and without the consent of the Buyer assign the contract with the Buyer or sub-contract the whole or any part thereof to any person, Company or Seller.
Our prices are based upon:
i. A single continuous installation period with safe and unimpeded access to suitably prepared openings(s) and adequate access/parking for delivery vehicle(s)/fitters van(s) at no cost to the Seller.
ii. All work is assumed at ground floor.
iii. Normal hours of work, i.e. Monday-Friday 6.00am – 4.00pm
iv. Suitable hard standing area being provided
v. Abortive visits will be chargeable at the full day rate of £675 + vat.
vi. All down-time due to impeded access is chargeable to the Buyer at a rate of £75.00 + vat per hour.
vii. All door/shutter sizes are structural (steel/masonry) opening sizes and the Seller has allowed for products to be fixed directly to suitable, solid support structures, using our standard fixings.
viii. It is the Buyer’s responsibility to ensure that the structure is suitable for our door(s) to be fixed directly to, the structure must be solid brickwork or steel work and must be flush with any surrounding brickwork or steel work, specifications are available upon request .
ix. Should the structure not be suitable for the Seller to carry out the door(s) installation on the day of the installation then the buyer has the right to charge an abortive visit charge of £675 + vat.
10. LIFTING & ACCESS EQUIPMENT
i. It is the buyer’s responsibility to provide access equipment to our required specification, offloading and safe storage prior to actual installation and providing a forklift truck of suitable size and capacity to lift door rollers, guides and motors into position when required.
11. POWER AND WIRING
i. In the case of power operated roller shutter doors, the Seller checks that motor(s) are functioning correctly on installation by seller’s own power supply. On-site connection and wiring is to be provided in all cases by the client. In the case of Industrial Doors, it is the Buyers responsibility to provide a 16-amp 3 Phase and neutral fused isolator on motor side of the door at approximately 1.0m from floor level and wired into a 5 pin 16-amp socket within one metre of the motor position. This must be available at installation stage. In the case of tube motor roller shutters, it is the Buyers responsibility to provide a single-phase spur within one metre of the motor side of the door. This must be available at installation stage.
12. BUYER’S RIGHTS
i. Any specifications, plans, drawings, patterns or designs remain the property of the Buyer and must be returned to the Buyer by the Seller on completion of the Contract if requested by the Buyer to do so.
13. WARRANTY, QUALITY & CONDITION OF GOODS
i. The Seller warrants for 12 months that Goods, manufactured by them shall be of sound material and workmanship and that good workmanship shall be employed in assembling parts or materials not manufactured by them. The warranty will be deemed void in the event of the following occurrences:
ii. The Seller shall be under no liability in respect of any default arising from fair wear and tear, wilful damage, negligence of the Buyer (e.g. lowering the door onto an object), impact damage, abnormal working conditions, failure to follow the Sellers instructions (whether oral or in writing), misuse, or alternation or repair of the Goods without the Sellers approval. Any damage caused as a result of not notifying the Seller immediately will void the warranty.
iii. The Buyer shall be responsible for ensuring the accuracy of the items (including specification) of any order and the Seller shall be under no liability in respect of any defect in the Goods arising from drawing, design, information or specification supplied by the Buyer.
iv. Whilst every care is taken to ensure the operation of the Goods is satisfactory, no guarantee is given and any warranty is conditional on the Goods being installed, commissioned, serviced and maintained correctly. Where the door is installed by someone other than a HC Door Services Limited engineer, the warranty will be void should the door be installed incorrectly.
v. A service agreement is not provided as part of the Sellers guarantee but is available at an additional and competitive cost. Important to Note! Doors up to 4m high must be serviced once a year. In order to keep the year warranty validated on larger and automatic doors the following servicing conditions MUST be met:
Doors over 4m but not any larger than 6m high and automatic doors must be serviced every 6 months.
Doors over 6m high must be serviced every 4 months.
The above warranty does not extend to parts, materials or goods not manufactured by the company, in respect of which the Buyer shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to the company if the same is assignable. In the event that parts or service are charged pending a report from the manufacturers, such charges are to be paid in accordance with the terms of credit. Any refund will be subsequently made in accordance with the manufacturers’ decision.
14. DETERMINATION OF CONTRACT
i. If the Buyer shall make any arrangement or composition with creditors, or commit any act of bankruptcy, or if any petition or receiving order in bankruptcy shall be presented or made against the Buyer, or if, being a limited company, any resolution or petition to wind up the company’s business (other than for the purpose of amalgamation or reconstruction) shall be passed or presented, or if a receiver or manager shall be appointed of the Buyer’s undertaking, property or assets, the Seller shall have the right forthwith to determine the contract, and upon written notice of such determination being posted to the Buyer’s last known address, the contract shall be deemed to have been determined.
15. DELAY IN EXERCISING THE CONTRACT
i. Should the Buyer wish to delay the installation of Goods ordered from the Seller, or should the Seller not be able to undertake the installation for reasons outside their control, then the Buyer will be charged for storage of the Goods by the week/month or part thereof that the installation is delayed. The seller’s standard supply/installation lead time is 4 – 6 weeks from receipt of clear funds, this can vary from time to time and is subject to change. The supplier has the right to change the date of installation/supply of goods at any time. The buyer will be informed verbally or in writing of any changes to the installation date the day prior to the expected installation/supply of goods date.
16. CANCELATION OF CONTRACT
i. Should the Buyer cancel an order once the order has been placed then the Buyer will be liable to pay the Seller 90% of the order value. In the case of Roller Shutter Doors and Industrial Doors then as these Goods are "made to measure" the Buyer has no right to amend or cancel the order, return the goods or seek any refund of the price paid by the Buyer from the Seller. This is because when the Seller receives the Buyers order, the manufacturing process begins immediately, and the goods are manufactured to your exact specification, pursuant to The Consumer Contracts (information, cancellation and additional charges) Regulations 2013. This does not affect your statutory rights.
i. The Contract shall be deemed to have been made in England and the parties of the contract hereby submit to the jurisdiction of the English courts. English law shall be the applicable law of The Contract.