Art. 1: Validity
All our sales and deliveries are exclusively governed by the following general terms and conditions, to the exclusion of any own purchasing conditions of the customer, even if these are communicated afterwards. Deviations from our general terms and conditions are only valid if they have been explicitly stipulated and agreed in writing.
Art. 2: Offers
All our offers, quotations, etc. are entirely free of obligation, as are our announcements regarding technical qualities, etc. of our products and regarding delivery times, which we can only give roughly, based on normal circumstances. The customer can never derive the right from this to refuse to take delivery of the goods or to suspend his payment obligation, while he is also not entitled to dissolve the agreement.
Art. 3: Order confirmation
3.1 We are only bound by the order confirmation signed by us. The agreement is only concluded after our written confirmation. Orders taken by our representative, appointee or employee are only valid after written confirmation by an authorized person who can commit our company to this effect.
3.2 Any cancellation of the order must be made by registered letter. It is only valid subject to our written acceptance. In the event of cancellation for any performance of the agreement, the customer owes a fixed compensation of at least 15% of the price of the order, on the understanding that we have the right to prove the real damage, if this is greater.
Art. 4: Delivery terms
The delivery terms are only provided by way of information and are therefore not binding, unless otherwise agreed in writing between the parties. Delay in delivery can therefore never give rise to a penalty for delay, compensation or dissolution of the agreement.
Art. 5: Delivery
5.1 Delivery is made ex warehouse, which is understood to mean the place from which deliveries are made by or on behalf of us. From the aforementioned delivery, all risks with regard to the goods are for the customer. The customer insures the risks at his own expense.
5.2 In the absence of acceptance, the risk also passes to the customer, whereby we are authorized to store the goods elsewhere at his expense. If the customer refuses to take delivery of the goods, we have the right to declare the agreement dissolved without judicial intervention and without notice of default, without prejudice to our right to full compensation.
5.3 We are also entitled to suspend delivery if the customer has not yet fulfilled his payment obligations in the context of deliveries already made.
Art. 6: Force majeure
In the event of force majeure on our part, the performance of the agreement will be suspended as long as the situation of force majeure makes performance impossible for us, without prejudice to our authority to terminate the agreement without judicial intervention, in which case the customer is only obliged to pay a reasonable compensation for work already done. Force majeure does not entitle the customer to dissolution, compensation or cancellation. Force majeure includes war, danger of war and riots, restrictive measures taken by national and foreign governments, fire, strikes, machine damage, lack of personnel, obstruction of transport, lack of means of transport, flooding, lockouts, sabotage and in general all unforeseeable circumstances, if any. at home and abroad, as a result of which compliance with the agreement can no longer reasonably be expected of us. Force majeure is also present if, due to the circumstances or for whatever reason, the suppliers, from whom the goods sold or the raw materials required for them were ordered, have not delivered them to us or not on time, or for whatever reason the relevant cancelled agreement.
Art. 7: Complaints
7.1 The customer must immediately subject the goods to a normal careful inspection upon delivery. To be valid, complaints must be made under penalty of forfeiture by registered and motivated letter within 8 days after delivery, failing which the buyer is deemed to have accepted the delivered goods. Complaints are only valid if the delivered goods have not undergone any processing or manipulation and only for the resale of the goods to third parties. No complaint will be accepted by us if it concerns downgraded goods or goods sold at special or soldered prices.
7.2 Complaints against an invoice are only valid if they are made by registered and motivated letter within 8 days after the invoice date. they do not under any circumstances give the customer the right to suspend his payments. Compensation is expressly excluded. The customer is always requested to state the date and number of the invoice.
Art. 8: Liability
8.1 Our obligation to indemnify does not extend beyond that of our suppliers. Our responsibility does not in any case go beyond the invoice price, excluding VAT and costs, or the replacement of the goods, insofar as they are defective, and therefore expressly excludes any direct or indirect compensation.
8.2 Return of the goods can only take place with our express written consent and does not imply any adverse acknowledgment on our part. Returns must be made in the original packaging, free of freight and costs.
8. 3 Hidden defects can only give rise to compensation if they have been detected with due speed and have been notified of this no later than 1 month after the discovery by registered and motivated letter and the goods have not been processed in the meantime.
8.4 The customer indemnifies us against all claims from its customers, for whatever reason. The customer undertakes to make this guarantee known to his customers.
Art. 9: Retention of title
Until full payment of all claims arising for us from the agreement, the delivered goods remain our property at the expense and risk of the customer and can therefore be reclaimed by us in the event of non-payment or late payment and taken back without any formality. Notwithstanding this express reservation of title, all risks relating to the goods are transferred to the customer upon delivery, as stipulated in art. 4.1.
Art. 10: Payment
10.1 Unless otherwise agreed in writing, all our invoices are payable at our registered office and payment is made in cash. Any invoice not or not fully paid on its due date will, by operation of law and without prior notice of default, yield a default interest of 12% per year, from the due date until full payment. In the event of full or partial non-payment of the invoice on the due date without serious reasons, the debt balance will be increased by 15% after a futile notice of default, with a minimum of 100 pounds and a maximum of 1500 pounds, even if instalments are granted after grace.
10.2 The non-payment on the due date of one single invoice renders the due balance of all other, even invoices that have not yet expired are due and payable by operation of law and without prior notice of default.
10.3 The drawing and/or acceptance of bills of exchange or other negotiable documents does not constitute a novation of debt and does not constitute a deviation from the terms and conditions of sale.
Art. 11: Safeguards
11.1 A guarantee of 10 years is given against defects such as warp and curvatures that fall outside the normal tolerance. Claims with regard to hidden defects must be made within 3 months after delivery at the latest. Deviations from the indicated dimensions of 0 to -2 mm as well as twists and curvatures of 6 mm and less are not hidden defects but a normal tolerance. We cannot give any guarantee on colours and lacquers, hinges and locks as well as the glass. The colour of the product can degrade up to 30 to 40% through the natural process after exposure to UV light.
11. 2 If our confidence in the creditworthiness of the customer is shaken by acts of judicial enforcement against the customer and/or demonstrable other events that call into question and/or make impossible the confidence in the proper performance of the commitments entered into by the customer we reserve the right to demand suitable guarantees from the customer. If the customer refuses to comply, we reserve the right to cancel all or part of the order, even if the goods have already been shipped in whole or in part. In such a case, the amount referred to in art. 3.2 or in art. 12.3, depending on whether or not the execution of the agreement has already started at the time of cancellation.
Art. 12: Dissolution of the contract
12.1 We reserve the right to consider the agreement dissolved by operation of law and without prior notice of default in the event of bankruptcy, composition, suspension of payment, apparent insolvency and any change to the legal situation of the customer.
12.2 In the event of non-payment, we reserve the right to stop further deliveries. We also reserve the right to consider the agreement dissolved by operation of law and without prior notice of default for the whole or the part that has not yet been performed.
12.3 In the event of unilateral breach of contract or termination of the agreement to the detriment of the customer, the customer will owe compensation, the minimum of which is fixed at 30% of the price of the order.
Art. 13: Competence - Applicable law
13.1 Any dispute to which the interpretation or the execution of the agreement may give rise falls under the exclusive territorial jurisdiction of the Justice of Northern Ireland or the courts of the judicial district of Northern Ireland
13.2 The present agreement is governed solely by UK law application.
Art. 14
The possible legal nullity of the individual provisions of these general terms and conditions does not in any way affect the legal validity of the other provisions.
Art. 15
The general terms and conditions can be consulted at any time on www.steelitdoors.co.uk and can be obtained in writing upon first request and form an integral part of the contractual relationship.