STANDARD TERMS AND CONDITIONS FOR SALE OF GOODS OF
Gardinia Windows (Kirklees) Ltd
Trading as UPVC Spares 4 Repairs
1 DEFINITIONS
In this document the following words shall have the following meanings:
1.1 "Buyer" means the person who buys Goods from the Seller;
1.2 "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.3 "Goods" means the articles that the Buyer agrees to buy from the Seller;
1.4 “List Price" means the list of prices of the Goods maintained by the Seller as amended from time to time;
1.5 "Seller" means upvcspares4repairs of 3 Leeds Road Huddersfield HD1 6DD;
1.6 "Terms and Conditions" means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
2 GENERAL
2.1 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyers acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Seller.
2.5 Nothing in these Terms and Conditions shall affect the Buyers statutory rights as a Consumer.
3 PRICE AND PAYMENT
3.1 The price of the Goods shall be that stipulated in the Sellers current List Price/on the Sellers website/as contained in the Sellers Quotation (as applicable) at the date of order or as agreed between the parties. The price is inclusive of VAT and exclusive of any delivery charges.
3.2 Payment of the total purchase price (including VAT and any delivery charges) must be made in full before dispatch of the Goods.
4 DELIVERY
4.1 Delivery of the Goods shall be made by the Seller notifying the Buyer that the Goods are available for collection at the Sellers premises or for delivery to such place and on such terms as agreed between the Seller and the Buyer at the time the order is placed.
4.2 All Goods, wherever possible, will be delivered within 10 working days of the order being placed and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
4.3 The Seller shall use its reasonable endeavours to meet any date stated for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
4.4 Title and risk in the Goods shall pass to the Buyer upon payment for the Goods.
5 WARRANTY
5.1 The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller.
6 CANCELLATION AND RETURNS
6.1 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller within 7 days of delivery if the Goods are damaged or do not comply with any of the Contract.
6.2 Where a claim of defect or damage is made the Goods shall be returned by the Buyer to the Seller and the Buyer shall be entitled to replacement Goods or a full refund (**including delivery costs, if applicable) plus any return postal charges** if the Goods are in fact defective.
** N:B Return postage costs include for standard postal returns & recorded delivery charges (appropriate for the size and weight of product) . Excessive returns charges I:E Special Delivery, Guaranteed & or Timed delivery charges are deemed to be unduly excessive unless agreed in writing between the Company and the customer beforehand. The company reserves the right to not refund for the excessive charges as stated above or only refund the difference at it's own discretion. The company does agree to pay in full standard postal charges and recorded delivery charges if items are agreed faulty through no fault of the customer within the terms & conditions.
6.3 The Buyer must notify the seller of the defect in writing and request a Goods Return Note and number and this must clearly be shown on the package. Goods returned without this will be rejected and may be returned to you.
6.4 Where returned Goods are found to be damaged due to the Buyers fault the Buyer will be liable for the cost of remedying such damage.
6.5 Where Goods are purchased via the internet, by mail order or by phone or fax, the Buyer has the right, in addition to any other rights, to cancel the Goods and receive a refund by informing the Seller in writing or by email within 14 working days of receipt of the Goods. Goods must be returned at the Buyers cost and should be adequately insured during the return journey. The Buyer shall receive a refund of all monies paid for the Goods (including delivery charges, if any) except for return postal charges within 30 days of cancellation. The Buyer must notify the seller of their intention to return the goods in writing and request a Goods Return Note and number and this must clearly be shown on the package. Goods returned without this will be rejected and may be returned to you. N:B. Special Order Items are exempt from this (See condition 6.8)
6.6 The Buyer is advised to carefully check any descriptions, dimensions, and photographic images supplied on the sellers website before purchasing items to ensure that the product is the correct one required.
6.7 Goods that have been cut, marked, or damaged by the buyer will be deemed as used and unless proved to be faulty or defective they will not be refundable.
6.8 Special order items are items ordered or built for your specific requirements, and are parts we cannot or do not re-stock. Therefore they must be paid for in full, prior to the seller ordering the goods and are not returnable under any circumstance except where deemed faulty.
7 GUARANTEES
7.1 In addition to the Buyers statutory rights, the Seller guarantees all Goods against faulty working parts and materials for a period of 12 months from the date of delivery.
8 LIMITATION OF LIABILITY
8.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury, however the Seller shall not be liable for any direct loss or damage suffered by the Buyer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price of the Goods.
8.2 The Seller shall not be liable under any circumstances to the Buyer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Buyer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
8.3 We guarantee to you that products purchased from upvcspares4repairs are of a satisfactory quality and fit for the purpose for which products of this kind are supplied.
8.4 You agree that any liability on the part of the seller for losses you may suffer as a result of us breaking this agreement is strictly limited to the purchase price of the products you purchase which is strictly on a supply only basis. You therefore agree we are not responsible for indirect losses.
8.5 Faulty Items: Goods that are deemed faulty through no fault of your own will be due a full refund of the purchase price including return postage costs on your part once we have inspected the goods and accepted that the goods are in-deed faulty.
9. IMPORT DUTIES
9.1 We are happy to supply products outside the UK, however they may be subject to import duties and taxes which are generally levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. We are not party to these regulations. Items ordered from our site will be charged out at UK tax revenue rates and paid to the UK tax and revenues. You are advised to speak to your local customs office if you require information for your own circumstances we will not be liable for any breach by you of any such laws.
10 FORCE MAJEURE
10.1 Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
11 SEVERANCE
11.1 If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
12 GOVERNING LAW AND JURISDICTION
12.1 These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
