Terms & Conditions of Sale
|1.1. Buyer:||one who purchases or agrees to purchase Goods or Services from the Seller.|
|1.2. Consumer:||as defined in the Unfair Contract Terms Act 1977, Section 12.|
|1.3. Seller:||Bristol Bi-fold and Sliding Doors LTD (Co. No. 06922945) whose registered office is at Old Green Farm, Earthcott Green, Alveston, Bristol, BS35 3TD|
|1.4. Conditions:||these terms and conditions and any further special terms and conditions agreed in writing.|
|1.5. Delivery date:||the date specified by the Seller when Goods are to be delivered or picked up.|
|1.6. Goods:||the items (including any installment or parts) purchased from Seller by a Buyer.|
|1.7. Services:||the services purchased from Seller by Buyer including any materials and Goods.|
2. Conditions Applicable
2.1. While these terms and conditions shall not affect the statutory rights of Buyers dealing as consumers, all Buyers are advised to read and understand these terms before signing. It is the Seller's intention that orders for Goods and/or Services should be subject to these conditions and that Buyers should ask for changes to be set out in writing. Any order received not made on Seller's order form and signed by Buyer shall be deemed an offer. No other terms and conditions, or variations to them, shall apply unless agreed in writing between Buyer and Seller.
The rights of all and any third parties under the Contracts (Rights of Third Parties) Act 1999 in this contract are hereby excluded.
3. Goods and Services
3.1. All doors are made to the Buyer’s specific requirements as specified on the order form. Should the buyer instruct for any changes to be made to the doors after the order is made, then any costs involved will be passed on to the buyer. Any changes made may affect delivery times.
3.2 Wherever transferable, any warranty of a manufacturer is assigned and transferred to the Buyer upon the collection or delivery of the Goods and/or completion of the service.
3.3. For the convenience of Buyers, Seller may maintain at its premises lists of local independent installers or providers of services relating to Seller's Goods, but Seller makes no recommendation, and Buyer shall make his own enquiries as to the fees and qualifications, including any FENSA registration, of such installers or service providers.
3.4. Where Buyer purchases and seeks to install Seller's Goods the Buyer should ensure that; (1) any installer is FENSA-registered or building control approval is sought before installation,
(2) Goods ordered suit the Buyer's particular purposes, and (3) accurate measurements and specifications are provided to Seller.
3.5 The site around the opening of where the goods are to be fitted will need to be level and clear of any obstructions on the day of installation. Any scaffolding needs to be removed as the doors cannot be fitted with scaffolding in front of the opening.
3.6 For the goods to work correctly, they will need to be sat on a solid base of concrete, bricks (holes to be filled in if brick is of that type). The base has to be true and level across its width. We cannot pack more than 6mm under the doors. The base for the doors is the responsibility of the client.
4. The Price and Payment
4.1. The Price and terms of payment shall be set out on Seller's order form save where Buyer has a pre-agreed account facility and prices. In the absence of a price being set out on our order form (and no account facility exists), the price shall be as set out on the Seller's published list at Seller's premises as of the date the order is taken.
4.2. Seller's quotations provided to Buyer for supply of services, are offers which upon the Buyer's signature, and Seller's receipt of any required deposit, become contracts. Should site conditions and/or Buyer's representations prove such quotations to be inaccurate, the Seller, before the commencement of work or delivery of any goods, shall be entitled to revise its quotation to take account of such matter. Where work has begun, Buyer and Seller shall agree reasonable adjustment in writing.
4.3. Seller's quotation for services are based upon Seller's services being performed during Monday to Friday between 8:00 to 5:00 pm. Should Seller agree to performing its services outside these hours, Seller reserves the right to charge a reasonable fee for out of hours work.
4.4. Unless otherwise agreed in writing, interest shall begin accruing 30 days from date of invoice until receipt of cleared funds. Buyers shall pay interest from day to day at a rate of 4% above Barclays Bank plc's base rate from time to time in force and shall accrue at such a rate after as well as before any judgment.
4.5. Buyer acknowledges that Buyer shall pay Seller's reasonable costs of collection for actual and necessary collection expenses incurred by Seller in seeking payment from Buyer.
4.6 If the Seller is instructed to install and arrives on site to fit the doors on the agreed date and is unable to do so through no fault of their own, for example but not limited to, the aperture isn’t to the shape or size required or the threshold isn’t ready, then a £250 rearrangement fee will be applied to the outstanding balance. 90% of the outstanding balance will be required along with the rearrangement fee at this time. The remaining 10% is to be paid on the rearranged day of installation.
4.7 The Seller will always endeavour to complete a job on the day of installation. There are occasional circumstances where snagging will be involved and a return visit is required. On these occasions the Seller will notify the Buyer that they can hold 20% of the outstanding balance as retention. The outstanding 20% to be paid when snagging is complete. The Buyer or the Buyer’s appointed builder or representative will need to be present at the buyer’s property on the day of installation to sign off the job, or note any snagging that is required. Any snagging (that is the responsibility of the Seller) that is not brought to our attention within 24 hours will be considered as warranty work and full payment will need to be made before this is completed.
5. Delivery and Collection of Goods
5.1. Where delivery of Goods shall be made to an address specified by Buyer, Buyer shall upon receiving reasonable notice from Seller, make all arrangements necessary to take delivery. The Seller will endeavour to deliver Goods to Non-consumer Buyers as agreed but does not accept liability for any inconvenience or loss, specifically including any loss of wages or wasted expenditure. With regard to Consumer Buyers, Seller does not accept liability for inconvenience or losses arising from reasonable delay.
5.2. Buyer shall notify Seller within seven days from collection or delivery of Goods of any visible defect. Where Buyer notifies Seller of such a defect, Seller shall provide separately-invoiced replacement Goods without accepting any liability or fault in the Goods pending receipt and inspection of the originally provided Goods. Should inspection prove a fault existed, the invoice for the originally provided goods will be voided. With regard to Goods which have been attached to any fixture within the seven days, Seller shall not be liable for the cost of removing or reinstalling the Goods except where Seller was the installer.
5.3. Risk in Goods shall pass to Buyer upon delivery or collection. Notwithstanding this, ownership shall not pass to the Buyer until the Seller has received in cash or cleared funds. Until such time as ownership in the Goods passes from the Seller, the Buyer agrees to hold Goods on a fiduciary basis as bailee for the Seller and, upon request, deliver up the Goods to the Seller and if a Non-consumer Buyer fails to do so, the Seller may enter upon any premises owned or occupied or controlled by the Buyer where the Goods are situated and repossess the Goods.
5.4. Upon Non-consumer Buyer's failure to collect or accept delivery of Seller's Goods within 14 days of confirmed collection or delivery date, Seller shall be entitled to invoice Buyer and shall hold the Goods on Buyer's behalf until collection (within a reasonable time).
5.5. Clearance sets are to be paid for in full upon order. The seller may at their discretion store the goods until they are ready for collection/delivery. The doors must be checked within 14 days of ordering the doors. The seller accepts no responsibility for the doors whilst in storage and is done so at the buyers risk.
5.6. Clearance doors may be returned within 14 days of purchase. The goods must be returned to the seller at the buyers cost and in the same condition the were delivered/collected in.
6. Limitation of Liability – THE BUYER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
6.1. Nothing in these Conditions shall limit or exclude the Seller's liability for death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable); fraud or fraudulent misrepresentation; breach of the terms implied by section 12 of the Sale of Goods Act 1979 or defective products under the Consumer Protection Act 1987.
6.2 Subject to clause 6.1 the Seller shall under no circumstances whatever be liable to the Buyer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and the Seller’s total liability to the Buyer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the total price paid by the Buyer to the Seller as stated in the Order Form.
6.3 it is the buyer who has chosen the size and shape of the goods purchased. it is therefore the buyer’s obligation to ensure that the aperture required to fit the goods at the buyer’s property is of sufficient size and shape to accommodate the goods. in the event the buyer or their contractors have failed to create an aperture capable of fitting the size and shape of the goods purchased, as specified in the order form and the buyer has complied with these terms and conditions, the seller will be entitled to payment of the deposit and/or payment of the balance for the goods and the buyer will be liable to pay for them, without prejudice to the buyer’s rights pursuant to clause 4.6. the seller must therefore ensure that they have checked the specifications set out on the order form or brought the specifications to their builder/contractors attention prior to the commencement of any building works.
6.4 In the event the Seller is instructed to install the goods (save for general snagging pursuant to clause 4.7), the buyer will be unable to make good any plastering, rendering or brickwork caused whilst fitting the goods. Any works in this regard are by separate contract only.
6.5 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are to the fullest extent permitted by law excluded from these terms and conditions.
7. Distance Selling Regulations:
Save where goods are made to a Buyer's specification, the Consumer has the right to cancel, without any charge, a purchase of goods, within a period which starts when the contract is concluded and ends 7 working days after the day the goods are received. In the case of services, the Consumer has 7 working days after the order is made within which to cancel. However, unless the Consumer instructs Seller straight away to wait for the seven day period to elapse before Seller starts performing Services for Consumer, this will not apply, and Consumer will be taken to consent to Seller starting to work for Consumer immediately. Any cancellation must be notified to Seller in writing by letter, fax or e-mail. The Consumer must take care of the Goods whilst in their possession, and either return them or make them available for collection by the Seller.
8. Credit Search
Buyer hereby authorizes Seller to carry out a credit search against Buyer wherever Goods or Service shall be received by Buyer at a time before Seller shall receive cleared funds. The information that the Buyer provides may be disclosed to a licensed credit reference agency which will retain a record of the search, and the Buyer authorises the Seller to make such disclosures.
9. Data Protection
By submitting an Order the Buyer provides Seller with certain personal information or data. It is the responsibility of the Buyer to keep the personal data provided to the Seller up to date. The Seller will comply with all applicable data protection legislation.
If a court or any other competent authority finds that any provision of the Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected. If any invalid, unenforceable or illegal provision of the Contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable. These terms are subject to the law of England and Wales.