ZAP GARAGE DOORS – CONDITIONS OF SALE
- The following conditions issued by Zap Garage Doors (“the company”) apply to any contract of which these conditions form part to the exclusion of any other standards,
- specifications, conditions adopted by the Customer, unless expressly accepted in writing by the Company as part of the contract.
- These conditions apply to services provided by the Company in the same way as they apply to goods supplied by the Company.
- These conditions shall apply to any contract between the Company and the Customer notwithstanding that the Customer purports to accept only part of the goods referred to in the quotations, or any alterations in prices, descriptions, quality of product or materials or otherwise.
2. QUOTATIONS AND TENDERS
- No order placed in response to a quotation by the Company shall be binding unless accepted by the Company in writing.
- Quotations submitted by the Company shall remain open for acceptance for a period of 30 days from the date of the tender, unless in the Quotations some other period is specified or accepted.
- Where the goods are sold by reference to the Company’s published price list, the price payable for the goods shall be the ruling price as published in the price list current at the date of despatch of the goods from the Company’s works.
- In other cases the price of goods or services stated in the contract is based on the cost to the Company of materials, fuel and power, transport tooling and labour at the date of acceptance of the order. If at the date of despatch of the goods from the Company’s works or performance of the services there has been any increase in all or any of such costs, the price payable for the goods or service may at the request of the Company be increased accordingly.
- Where the price for the goods or services is varied in accordance with this condition the price as varied shall be binding on both parties and shall not give rise to any right to cancel the contract.
- There shall be added to the price any value added tax and any other tax or duty relating to the manufacture, transportation, sale or delivery of the goods or performance of the services.
- The measurements, quantities and other particulars on which the quotation is based are approximate. Any increase or decrease in price which may arise from any variation in the estimate measurements, quantities or particulars and actual measurements, quantities and particulars shall be determined by the Company. The value of such additional or reduced work and/or materials shall be determined by applying to the quantity of such works and/or materials the unit prices adopted by the Company in the estimate upon which any quotation is based.
- Where the contract price includes any discount given to the Customer from the basic price of the goods and installation such discount shall be forfeit by the Customer in the event that payment of all or any part of the purchase price in accordance with clause 4 hereof becomes overdue for a period in excess of 7 days and thereupon the Company shall be entitled to recover the full basic price.
4. TERMS OF PAYMENT
- Unless otherwise agreed in writing terms of payment are net cash on presentation of invoice, and the Customer shall not be entitled to make any deduction or set off therefrom.
- Failure to pay for any goods or services shall entitle the Company to suspend further deliveries and work both on the same order and on any other order from the Customer without prejudice to any other right the Company may have.
- The Company reserves the right to charge interest on overdue accounts at the rate of 1% per month. The Company reserves the right where genuine doubts arise as to a Customer’s financial position or in the case of failure to pay for any goods or any delivery or services as aforesaid to suspend delivery of any order or any part or installment without liability until payment or satisfactory security for payment has been provided.
- Cancellation Policy. We will accept cancellation of orders up to 7 days of the order being signed. Deposits (minimum 10%) are non-refundable.
5. NON-STANDARD ORDERS
Where the Company accepts an order goods or materials of a type, size or quality not normally produced by the Company, the Company will use all reasonable endeavour to execute the order, but if it proves impossible, impracticable or uneconomical to carry out or complete the order, the Company reserves the right to cancel the Contract or uncompleted balance thereof without liability to the Customer.
6. DELIVERY DATES
- The delivery dates specified in the contract are approximate only and, unless otherwise expressly stated, time is not of the essence for delivery or performance. The Company will not be liable in any circumstances for the consequences of any delay in delivery or performance or failure to deliver or perform.
- No delay shall entitle the Customer to reject any delivery or services or any further installment or part of the order or any other order from the Customer or to repudiate the contract or the order.
- Where materials are delivered on site and a receipt for delivery cannot be obtained, the Customer shall be responsible for any shortages.
7. DELAYED ACCEPTANCE
If for any reason the Customer is unable to accept delivery of the goods when the goods are due and ready for delivery the Company may arrange storage of the goods and the Customer shall be liable to the Company for the reasonable costs (including insurance) of such storage. This provision is without prejudice to any other rights which the Company may have in respect of the Customer’s failure to take delivery of the goods or to pay for them in accordance with the contract.
8. TITLE OF GOODS
- Ownership in the goods will not pass to the Customer until payment for the goods and all other goods agreed to be sold by the Company to the Customer has been received by the Company in full. Nevertheless all risk in the goods shall pass to the Customer when the goods are delivered to the Customer’s premises. Until the time of actual payment to the Company of the total amounts owing in respect of goods the Customer shall keep the goods on behalf of the Company on the condition that the goods are and remain the property of the Company until payment has been received by the Company as aforesaid.
- Whilst ever ownership in the goods remains with the Company in accordance with sub-clause (1) above the Customer grants to the Company the right to enter into and upon the premises of the Customer upon which the goods may be stored or installed for the purpose of removing the same. Such right of removal shall be exercisable whenever the Customer shall be in breach of any of these conditions and without incurring any liability to the Customer.
9. WARRANTY/LIMIT OF RESPONSIBILITY
- The Company warrants in relation to goods of the Company’s manufacture that it will (at the Company’s choice) either repair or replace, or refund the full purchase price of, any goods which are found within a period of 12 months from installation (“the warranty period”) to be defective or not in accordance with the contract or any express description or written representation given or made on behalf of the Company in respect of the goods.
- The Company warrants in relation to goods not of the Company’s manufacture (including but not limited to parts and components supplied by others for use in goods manufactured by the Company) that it will so far as it is able to do so give the Customer the benefit of any express guarantee or warranty by the manufacturer or supplier of such goods and or any other rights which the Company has against the manufacturer or supplier.
- The Customer’s remedies in respect of any claim under the foregoing express warranty or against any manufacturer or supplier as aforesaid or any claim under any condition or warranty implied by law or any other claim in respect of the goods or any workmanship in relation thereto (whether or not involving the negligence on the part of the Company) shall in relation to goods of the Company’s manufacture be limited to repair replacement or refund of the purchase price as aforesaid and any condition or warranty implied by law shall cease to apply after the expiry of the warranty period and in all other cases shall be limited to the enforcement of the abovementioned liabilities of the manufacturer or supplier.
- In the event of breakdown or unsatisfactory working of any equipment within the warranty period the Customer shall forthwith notify the Company thereof and confirm details in writing within 72 hours. The Customer shall not without the Company’s authority repair or attempt to repair the equipment. The Company will carry out any necessary repair or replacement as quickly as reasonably practicable but shall not be responsible for any unavoidable delay.
- The Customer shall have no right to reject the goods or other claim in respect of cosmetic scratches on the equipment and the liability of the Company shall be limited to touching up of the same.
- The Customer agrees upon demand to indemnify the Company against all loss, damage, injury, costs and expenses of whatever nature suffered by the Company to the extent that the same are caused by or related to :-a) Specifications or designs given or stipulated by the Customer; or
b) Defective materials or products supplied by the Customer to the Company and incorporated by the Company in goods produced by the Company for the Customer; or
c) The improper incorporation, assemble, use, processing, storage or handling of goods by the Customer.
- All representations warranties or conditions not expressly contained in the quotation or herein of any nature whatsoever are hereby excluded and the Company shall not in any circumstances be liable for any damages, compensation, costs, expenses, losses or other liabilities, whether direct or consequential, and any other remedy which would otherwise be available in law is hereby excluded except to the extent that such exclusion is prohibited by any rule of law.
10. SUITABILITY OF THE SITE
- Irrespective of whether the contract provides for the Company to install any goods or equipment in any buildings or premises, the Customer is solely responsible for the suitability of the site for the installation of the goods and vice versa, for obtaining all necessary consents and approvals under planning and building regulations and bye-laws and for the preparaton of the site, the construction of foundations and the provision of services so that the site is suitable to receive the goods. The Company will if requested provide drawings and specificaions showing the site requirements for the goods based on normal requirements in a suitable location, but does not thereby warrant that the site as prepared by the Customer will be suitable or satisfactorily prepared. The quotation is based on the assumption that ample side room and head room will be available for installation of the door.
- Should any modification be required to the building structure or the construction of the door, these are not included in the quotation and thus will be the responsibility of the Customer.
- Adequate solid fixing for both the door and the tracks must be provided by the Customer. In particular, for erections to steel columns, the provision of special plate work for bracket supports and the welding of these plates must be provided unless otherwise specified.
- The price quoted is based on the understanding that site conditions allow for mounting of a chain lifting block (for erection purposes) above the centre of the opening concerned. If site conditions do not allow for these mounting facilities, it is the responsibility of the Customer to advise the Company prior to installation so that alternate arrangements can be made for lifting and the quoted price can be adjusted accordingly.
- For the purpose of installation work, it will be necessary for a 240 volt power supply to be available in the near vicinity of the opening to facilitate welding and the use of power tools where applicable.
11. DRAWING AND INFORMATION
- The Company is entitled to assume that all drawings, descriptions, specifications and other information supplied by the Customer to the Company, whether written or verbal, is in all respects complete, accurate and entirely suitable for the Customer’s requirements.
- Unless otherwise expressly agreed, the Company shall have no responsibility for the performance, suitability or durability of goods or any materials or workmanship comprised therein to the extent that the same is manfactured in accordance with the Customer’s designs, drawings, standards, measurements or specifications.
- The Company is entitled to assume that on the delivery date the site will be reasonably accesible, sufficient to facilitate installation and that any preparatory work or alteration to the site to be carried out by the Customer including any works specifically referred to herein or in the quotation will have been completed.
The Company reserves the right to sub-contract or assign the whole or any part of the contract.
13. APPLICABLE LAW
The Contract shall in all respects be goverened by and construed in accordance with English Law and the Customer hereby submits to the exclusive jurisdiction of the English Courts.