Terms and Conditions Conditions of Sale April 2011
The Company“ shall mean “The Metal Window Company Limited“ and the Customer shall mean an individual, firm, company or other body or person placing an order with the Company.
The Roof Light Company is a trading name of “The Metal Window Company Limited“
“Bespoke Products” shall mean roof lights or similar products which are not Ex Works Products but roof lights or similar products which have been altered or specifically designed or ordered for the Customer.
“Ex Works Products” shall mean the Company’s standard roof lights or similar products with a standard design and specification.
“Products” shall mean either Bespoke Products or Ex Works Products.
These Conditions shall have precedence over any conditions appearing on the Customer's Order Form or any other documents emanating from the Customer or his agent. Any such Customer's Conditions shall have no affect whatever unless expressly accepted in writing by the Company.
These Conditions shall be deemed to be incorporated in all documents emanating from the Company or its agents unless expressly varied in writing.
These Conditions apply unless prohibited in whole or in part under any statute or regulations applying at the time of the formation of the contract between the Company and the Customer.
The Customer should read the terms and conditions set out below carefully before entering into any contract with the Company.
The Price charged will be that ruling on the date of delivery to the carrier or the Customer and will be subject to the appropriate rate of Value Added Tax and any other Government duty or tax which is applicable at that date.
When the Products comprised in an order are despatched in more than one consignment, the Price charged for each such consignment will be that ruling on the date of delivery to the carrier or the Customer of each such consignment.
The Company reserves the right to make extra charges in respect of transport and insurance for delivery.
Prices quoted are valid for acceptance within a period of ten weeks from the date of quotation, and supply within twelve weeks of the date of acceptance.
Payment in full will normally be required before any Products are despatched. In the event of the Company agreeing to supply Products on credit, payment is to be made in full not later than thirty days from the day of delivery, unless this Condition has been expressly varied in writing by the Company. In all cases the Customer shall make payment within the stated or otherwise agreed time.
In the event of the Customer's default in paying any sum as it falls due, or committing any breach of any of its obligations to the Company; the Company shall be entitled, without notice to the Customer, to suspend all further deliveries until the default is made good or determine any Contract then subsisting so far as further Products remain to be delivered, but without prejudice to any claim or right that the Company might otherwise make or exercise in relation to such default.
The Company reserve the right to charge the Customer simple interest on any sum as it falls due either: -
(a) at 5% above the Bank of England base rate on a daily basis until payment is received by the Company or
(b) in the appropriate cases at the interest rate prevailing at the time under the Late Payment of Commercial Debts (Interest) Act 1998,whichever is the greater.
The Company will use all reasonable endeavours to meet all estimated times or dates for delivery. However, time for delivery shall not be a term of or of the essence of any contract and the Company shall therefore not be liable for any loss or damage caused or occasioned by late delivery.
The Company reserve the right to charge the Customer a non-refundable storage fee to cover all of our incurred costs in the following circumstances:-
(a) Where delivery bookings have not been made: the storage costs shall arise 3 weeks after the original due date of the Products or first booking attempt by Customer Services (whichever is the later); or
(b) where delivery bookings have been made: if the Customer is unavailable to take delivery of the Products order after agreeing delivery dates with Customer Services the storage costs shall arise and Re-delivery charges may also apply.
Delivery dates and weeks are not guaranteed but the Company will use all reasonable endeavours to ensure Products are delivered by the estimated times or dates for delivery or within a reasonable period thereafter.
The Company shall not be liable for delays or failure in delivery because it cannot gain access to the delivery address on the agreed delivery date or because of other circumstances beyond the Company’s reasonable control.
Delivery shall take place either at the time of collection by the Customer or his agent of the Products from the Company's premises, or if the Products are delivered to the Customer, at the moment of the unloading of the Products at the Customer's premises.
Essential Checks Before Ordering
It is the Customer’s responsibility to ensure that there is suitable lifting equipment available to take receipt of delivery and there is sufficient access for the Company’s delivery lorry to reach the delivery address, as fees for redelivery and cancellation may apply.
If the Customer is choosing Products for a property in an industrial or maritime area or which is subject to a potentially corrosive or polluted environment the Customer is advised to call our Customer Services team and ask about the different material specifications the Company offer to suit the Customers specific needs.
Essential Checks on Delivery
An adult must be available at the Customers delivery address to carefully check the Products, sign and acknowledge receipt in a safe and satisfactory condition. The Customer shall report any defects immediately upon delivery to Customer Services. For boxed Products, Customers are only required to sign for the packaged Products received. If no one is available to accept delivery of Products, re-delivery charges will apply.
Cancellation fees of up to 50% of total order value may also apply if Products are subsequently cancelled.
The risk in the Products shall pass to the Customer at the time of delivery.
Where the Products are stored by the Company pending collection, they shall be stored at the Customer's risk.
Descriptions and Samples
All descriptions and samples are given in good faith, but the Company makes no warranty and accepts no condition whether express or implied (statutory or otherwise) that any of the Products supplied comply with any descriptions or samples given to the Customer or his agent.
Product Descriptions, Colours and glazing
Every effort is made to ensure that the Products the Company supply correspond as closely as possible to the samples shown in the Company brochures and on the Company Website but they might not be exactly the same.
No responsibility can be accepted for any slight variations, which all add to the unique features of the Products including but not limited to the following:
a. The RAL & BS colour codes.
b. All glass panels are inspected in accordance with GGF guidelines and as such these are the guidelines to which glass is deemed acceptable.
c. The glazing finish is to replicate the Victorian style putty finish and is applied by hand in the Company’s workshops; as such the finish may vary and adds to the authentic appearance of the Rooflight Company® product range.
d. Products are hand made and as such there may be variances in the steel work, finish and dimensions, these measurements are approximate, please allow +/- 2cm variance on sizes stated.
e. At times it may be necessary to make changes to the internal specifications of the Products and the Company reserve the right to make such changes without notification.
f. Depending on the size of the Products and blinds supplied more than one person may be required to install safely.
Quality and Fitness for Purpose
Any recommendation or suggestion relating to the use or durability of the Products is given in good faith but it is for the Customer to satisfy himself the Products are suitable for his own particular purpose and he shall be deemed so to have done.
All express or implied warranties or conditions (statutory or otherwise) that the Products are of any particular quality or fit for any particular purpose whether or not made known to the Company are hereby excluded.
Products designed for use in maritime/industrial areas are available and the Customer must ensure he has requested the correct Product for his use.
The Company shall not be liable for any damage, illness, injury or loss of any kind whatsoever and howsoever caused to any property, persons, animals or produce or arising out of or in connection whether directly or indirectly with the installation or use of the Products provided that nothing in this Condition or these Conditions generally shall limit the Company's direct liability in respect of death or personal injury.
The Customer acknowledges that he has not entered into this Contract on the basis of any representation whatsoever made to him by the Company or its agents.
No legal property in or beneficial ownership of the Products shall pass from the Company to the Customer unless and until the Customer has made full and complete payment to the Company of
(i) all sums due from the Customer to the Company under this agreement in respect of the Products and
(ii) all other sums due from the Customer to the Company on any account whatsoever.
If any sum due from the Customer to the Company on any account whatsoever remains unpaid after the Company has given to the Customer two days written notice of their intention to exercise their rights under this Condition the Customer shall be deemed to have repudiated this agreement and the Company shall be entitled to terminate this agreement to forfeit, sums paid to it by the Customer in respect of the Products and to recover the Products if necessary by entry into and removal from the Customers' premises without prejudice to any other claims which the Company may have against the Customer.
Damaged Goods. Mis-delivery. Non-delivery
When any consignment of Products is delivered and (i) the whole or part of any such consignment is damaged, or (ii) the whole or part of any such consignment is made up of the wrong quantity or wrong type of Products, the Customer shall advise the Company (other than upon a consignment note or delivery document) within two business days of the delivery and immediately confirm the position to the Company in writing.
When any consignment of Products is delivered to a carrier and is not received by the Customer, the Customer shall advise the Company in writing (other than upon a consignment note or delivery document) within 10 business days of dispatch. No claim will be entertained unless the Customer complies with this condition. In any event the liability of the Company in the event of any mis-delivery or non-delivery referred to in this condition shall not exceed the replacement of the Products shown to be mis-delivered or non-delivered or, at the Company's option, the refund of the Price received by the Company for the Products.
Claims made after signing for delivery in good condition will be considered at the Company's absolute discretion and the Company’s decision on the matter shall be final between the parties.
The Company shall be entitled to cancel or delay delivery or to reduce the quantity of the Products delivered if it is delayed or hindered in or prevented from manufacturing or delivering by normal route or means of delivering the Products through any circumstances beyond its reasonable control, including but not limited to war, fire, flood, act of God, unavailability of raw materials, government restrictions and controls, strikes and lockouts.
The Customer shall indemnify the Company against all claims, demands, damages, penalties, costs and expenses to which the Company may become liable as a result of work done in accordance with the Customer's order which involves the infringement or alleged infringements of any letters, patent, trade marks, registered designs, industrial models or copyrights.
The Company accepts no responsibility where specifications or particulars supplied by the Customer are inaccurate and the Customer shall indemnify the Company against any loss suffered by the Company by reason of such inaccuracy.
The Customer shall not be entitled to withhold or set off payment of any amount due to the Company under the terms of any contract whether in respect of any claim of the Customer in respect of faulty or defective Products or for any other reason which is contested or liability for which is not admitted by the Company.
The Customer has the right to cancel any Ex-Works Products order at any time before the Customer receives the Products. If these Products have already been assigned or dispatched when the Company is contacted the Customer must return them within 7 days of receipt of delivery as detailed under Returns / Refunds below:
If the Customer needs to amend or cancel an order for Bespoke Products the Customer is entitled to do so at any time up to 48 hours after placing the order, by contacting Customer Services. If the Customer amends or cancels an order more than 48 hours after placing it, the Company reserve the right to charge for any costs incurred in relation to the amended or cancelled order but this shall not be more than 50% of the total price of the ordered Products.
The Customer may return Ex-Works Products within 5 working days of receipt of delivery as detailed below under Returns / Refunds:
The Customer may return Bespoke Products within 5 working days as detailed below under Returns / Refunds, but the Company reserve the right to charge any costs incurred in relation to the amended or cancelled order but this shall not be more than 50% of the price of the ordered Products.
Products can be returned in person to the Company’s Warehouse or main office.
Where a Customer is returning Products, he should return them to the Company by one of the methods set out below, with proof of purchase (receipt or dispatch notes), unopened, unused and in their original packaging, within 5 working days of receipt of delivery; unless they are faulty.
Products can be returned by first contacting the Customer Service department, who can arrange for collection of the returned Products, at the Customers expense or supply a unique Return merchandise authorisation code, to be used as a reference when labelling returned items.
When the Company receive the Products by post or courier, the Customer shall ensure he packages and labels them correctly so that they are not lost or damaged in transit. The risk in the Products will remain the Customers responsibility and will not pass back to the Company until the Company receive them.
All returned Products shall be returned in the packaging they were received and include all installation instructions.
Products returned to the Company shall be subject to inspection (and if necessary remedial work) before any credit or refund for the returned Products is issued or given.
If remedial work is deemed necessary, the Company reserves the right to deduct these costs from any credit or refund.
Where the Customer wishes to exchange Product(s), the purchase of alternative Product(s) and the inspection of the returned Product(s) shall be completed prior to any credit or refund being issued or given.
Where a Customer seeks to return Products to the Company without complying with all or any of the Company’s requirements set out above the Company shall be under no obligation to receive them or make any refund or give any credit to the Customer or exchange Products but may do so at the Company's absolute discretion and the Company’s decision on the matter shall be final between the parties.
If the Customer believes any Products to be of an unsatisfactory quality the Customer shall immediately contact Customer Services and use his best endeavours to treat the Product with the utmost care so as to avoid further damage to the Product.
The Company’s liability in respect of any defect in or failure of the Products or for any loss or injury or damage attributed thereto is limited to the cost of replacement of the Products delivered to the delivery address or the repair of such defects which under proper use (please request our Specification & Maintenance Manual) have appeared therein and arise solely from faulty design, materials or workmanship.
The warranty period for all products shall be 1 year unless otherwise stated in the Specification & Maintenance Manual, notwithstanding any additional warranty where provided by the manufacturer.
Faulty Products shall not form the subject of any claim for labour costs or other expenditure incurred by the Customer and we shall not be responsible for any loss or damage arising out of any such fault.
These Conditions and the Contract shall be subject and construed according to English Law and the Uniform Laws on International Sales Act 1967 and any statutory modification or re-enactment thereof is hereby excluded.