STANDARD CONDITIONS OF SALE. Elite Garage and Awning Specialists., (The Company)

 

1. BASIS OF SALE

1. These Standard Conditions of sale govern all contracts for the sale of the Company’s goods or the supply of its services.

2. Variation of these conditions shall only be binding when agreed in writing by the Company.

3. All orders are confirmed with the receipt of a 50% deposit with the balance due upon installation or delivery for supply only goods.

 

2. PRODUCT DESCRIPTION

1. All metal garage doors supplied by the Company come in primer or powder coated unless otherwise stated.

2. All timber doors, and cedarwood doors in a basecoat finish, must be preserved in accordance with the manufacturers’ instructions upon delivery in order to maintain the manufacturer’s warranty conditions.

3. Any timber doors sold fully finished in black or dark colour are not covered under manufacturers’ warranty terms against possible adverse effect of sunlight. This is due to the potential of heat absorption with black or dark colour doors which may distort the door(s).

 

3. ORDERS

1. All order details are confirmed with a 50% Deposit Invoice, Following the receipt of a deposit payment the company will complete a site survey.

2. It is the customer’s responsibility to check all the details on the order confirmation and any supporting documents are correct.

3. Where the Customer has completed their own survey, The Customer shall be responsible for the accuracy of the specification and the sizes given to the Company for its goods and supply of services.

4. Whilst every effort is made to advise the Customer as to the size, mechanism, type etc of the door needed to fit their garage, no responsibility is taken by the Company if measurements and information given by the Customer is inaccurate, non-specific or incomplete. This includes but is not limited to: (i.) the presence of low beams, (ii.) gas/electric meters on the sidewalls, (iii.) uneven floors or walls being out of plumb and (iv.) similar obstructions which would impair the normal fitting and path of travel of the garage door purchased, (v.) colour, colour match and design of the door

5. An order may only be cancelled or amended by the Customer with the written agreement of the Company and on terms whereby the Customer shall indemnify the Company in full against any loss incurred as a result of any such cancellation.

6. Exception to the right to cancel in The Consumer Protection (Distance Selling) Regulations 2000, Statutory Instrument 2000 No. 2334 Para 13.  - (1)(c) The consumer will not have the right to cancel the contract by giving notice of cancellation pursuant to regulation 10 in respect of contracts for the supply of goods made to the consumer's specifications or clearly personalised or which by reason of their nature cannot be returned.

4. DELIVERY

1. The Customer must make themselves or their adult Agent available to take delivery.

2. The Customer must thoroughly check the condition of the goods at the time of delivery.

3. Goods cannot be signed for as “unchecked” or “unexamined”. If any damage is noted, this must be written as clearly and as accurately as possible onto the delivery note.

4. Any damage must be reported within 24 hours of delivery or, preferably, noted on the delivery note at the time of delivery. Any damage reported after this 24 hour period shall only be rectified under the manufacturer’s warranty at the manufacturer’s discretion.
   Damaged goods must remain unused and unfitted, and stored carefully complete with any packaging until the Company or its agent is able to examine the goods.

5. Following delivery and where goods are stored prior to installation they must be kept in a secure, dry environment and suitably protected from damage.

6. If the Customer fails to take delivery of the goods or fails to give the Company adequate delivery instructions, then the Company may arrange to store the goods and charge the Customer for the reasonable costs of such storage and redelivery cost.

7. Every effort is made to deliver goods by the estimated delivery dates given. Due to constantly changing stock levels at the manufacturers, production processes and delivery logistics any delivery or installation dates given are approximate only and the Company accepts no liability for any such delay.

7.  CANCELLATION

1. When we receive your order, we process it as soon as we can.

2. If you cancel an order where the door or other product is a stock item, we will lose the time we have spent on your order up to the time at which you cancel and so we reserve the right to charge you a cancellation fee which is sufficient to cover our lost expenses and handling charges.

3. If however, you cancel a special order product after our suppliers have started manufacturing it, you will be liable for all associated costs. Non-stock goods cannot be returned, this will include made to measure, personalised items or those customised specifically for you, special colours and or additional features; If you provide us with measurements, once ordered you agree that the product is the correct size and or description and therefore we are not liable if the item arrives and you are not able to fit it.

4. We will use our best efforts to honour any installation date given, but there are occasions on which we are forced to cancel installations at short notice due to factors that are outside our reasonable control.  Such factors include (but are not limited to) adverse weather or traffic conditions, mechanical breakdown, or illness.  If we are unable to meet an installation date, we shall give you as much notice as possible and arrange an alternative convenient date, but we shall not be liable for any losses that you may have suffered as a result of any such cancellation or delay.

 

8. INSTALLATION

1. Whilst we will use our best efforts not to cause any damage to surrounding brick or plasterwork during our installation, some damage can be inevitable during the process of removing the old door.  It is your responsibility to make good any damage in those circumstances

2. All garage doors, remote controls and spare parts are sold on a supply and installation basis, unless otherwise agreed in writing.

3. All garage doors, remote controls and spare parts must be fitted in accordance with the manufacturer’s fitting instructions and no responsibility is taken by the Company for these installations.

4. If the installation is agreed in writing to be performed by the Company:

   1. the installation costs specified cover only the work specified and do not, unless expressly stated, include rectification of existing out of square openings or removal or disconnection of old doors and fittings or electricity or gas fittings or the like, and

   2. the Company shall not be responsible for the removal or taking away and disposing of old doors etc unless otherwise agreed, and

   3. whilst all reasonable care will be taken while drilling and fixing, the Company and its installers shall not be responsible for the failure from any cause whatsoever of any masonry or rendered surfaces while drilling or fixing.

   4. Any installation which has to be revisited due to misuse, power outage(s) to motor, dirt in tracks or alteration of floor levels etc a charge will be made.

 

9. REPLACEMENT UNDER WARRANTY

1. Any warranty offered by the Company shall be the Manufacturer’s Warranty which, if a claim under warranty is made, will be executed through the Company. All warranty claims shall be resolved at the manufacturer’s discretion. This does not affect the Customer’s Statutory Rights.

2. The Company does not accept any liability for warranty claims that are rejected by the manufacturer.

3. All goods under warranty that have been sold on a supply only basis which have already been fitted by the Customer may, at the manufacturer’s discretion be replaced, on a supply only basis. The manufacturer may choose to fit the replacement goods at their discretion.

10. SALE OF SPARE PARTS

1. All spare parts specially ordered by the Company for a Customer with the manufacturer may only be returned if unopened.

2. A re-stocking charge of 50% of the total invoice value of the goods will be levied.

 

11. OWNERSHIP AND RISK

1. The goods shall remain the property of the Company until the full agreed price has been duly paid to and received by the Company together with all other sums whatsoever which are or may become due from the customer.

 

 

 

12. STORAGE

Definitions. As used in this

1. “Company” means the individual or entity listed above providing the warehousing services hereunder including its officers, directors, employees and agents of the Company while acting within the scope and course of their employment.

2. “Customer” means the person, company, firm, or other entity for whom the Goods are stored

3. “Goods” means the property tendered to Company by Customer for which Company has agreed to store

4. Ownership of Goods. Customer warrants that it is the lawful owner and/or has lawful possession of the Goods tendered for storage. Customer warrants that it has sole legal rights to store Goods tendered, to release Goods, and to instruct Company regarding delivery or disposition of the Goods. Customer agrees to notify all parties acquiring any interest in the Goods of the terms and conditions and further agrees to indemnify and hold Company harmless from any claim by third parties relating to the ownership, storage, handling or delivery of Goods, or from any other services provided by Company. Such indemnification shall include any legal fees or costs incurred from any claim by a third party, regardless of whether or not litigation is actually filed.

5. Pursuant to the terms and conditions, Company agrees to receive, store, and release the Goods in accordance with Customer’s reasonable instructions.

6. If Company determines that the original palletization of Goods must be broken down for storage purposes, Company shall be authorized to break down the pallets without further notice required to Customer.

7. Storage Location. Company will store the Goods at its discretion at any one or more buildings at Company’s warehouse location. The identification of any specific location with the Company’s warehouse complex does not guarantee that Goods shall be stored therein. Upon ten (10) days prior notice provided to Customer, Company may at its own expense, remove Goods to any other warehouse complex operated by Company.

8. Company may provide additional services to Customer as requested and as agreed. Additional handling charges will apply whenever Goods are pulled for distribution or release, whenever physical inventories are requested by Customer, and whenever additional services are requested that are not explicitly included in the monthly storage charge quoted to Customer. Such additional charges will be provided to Customer and will be invoiced to Customer in addition to any storage charges due.

9. Termination of Storage. Company reserves the right to terminate storage and to require the removal of the Goods, or any portion thereof, by giving Customer thirty (30) days advance written notice. Customer shall be responsible for payment of all charges attributable to said Goods within the stated period and for removing the Goods from the warehouse upon payment of all charges. If the Goods are not so removed, Company may exercise its rights under applicable law including but not limited to selling the Goods.

 

13. THIRD PARTY LIABILITY

1. The Company shall not be responsible for damage, injury or loss of any kind whatsoever to any property or persons arising from the use of the goods or in connection with the installation of the same.

14. FORCE MAJEURE

1. The Company shall not be liable to the Customer or be deemed to be in breach of the contract by reason of any delay in performing, or failure to perform, any obligation of the Company under the contract if such delay or failure was due to any cause beyond the Company’s reasonable control including (but not limited to) Act of God, import or export regulations, industrial disputes, difficulties in obtaining materials or labour, power failure, machinery or transport breakdown.

15. PRIVACY POLICY

Our Privacy Policy that sets out the ways we collect and process your data based on our legitimate interests. We do not sell or pass on customer information to other companies or third parties.

16. LAW 

The contract shall be governed by English law and the parties submit to the exclusive jurisdiction of the English Courts.