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TERMS AND CONDITIONS

1. We only supply Goods subject to these Terms of Business, which shall govern the Contract to exclusion of any other terms and conditions. For the purposes of these Terms of Business, Goods means all or any of the goods, works and materials supplied by us.

2. DELIVERY

2.1 Any time of the day quoted by us for delivery of all or any of the Goods is an estimate only. Time is not of the essence. We shall not be liable for any failure to meet such estimate, nor for any loss, resulting directly or indirectly from.

2.2 Delivery of the Goods shall be made by you collecting the Goods at our premises as soon as practicable from when we notify you that the Goods are ready for collection, or, if some other place for delivery is agreed by us, by delivering the Goods to that place.

2.3 We reserve the right to deliver by instalments and/or in advance of any quoted dates.

2.4 Where the Goods are delivered in instalments each delivery shall constitute a separate contract and failure by us to deliver any one or more of the instalments or any claim by you in respect of any one or more instalments shall not entitle you treat the Contract as a whole as repudiated.

2.5 If you fail to take delivery of the Goods at the time notified by us then we may (without prejudice to our other rights and remedies);

    2.5.1 store the Goods and charge you for any reasonable costs; and/or;

    2.5.2 sell the Goods at any time after deducting all costs and expenses, account to you for any difference or charge you for any shortfall between the Contract price and such costs and expenses.

2.6 Notification of short delivery or damage in transit must be made in writing to us within five days of receipt of the Goods, and for non-delivery within seven days of planned delivery date. In the absence of notification we shall not be liable for any short delivery, damage or non-delivery nor for any loss resulting therefrom;

    2.6.1 We shall (subject to condition 2.6.2) make good reimbursement for the whole or part or the price of replacement of any such non-delivery, short delivery or damage notified as aforesaid;

    2.6.2 we shall be under no liability to you in connection with any damage or loss in transit where delivery takes place at our premises.

2.7 We reserve the right to change order quantities by up to + or - 20% for special colour materials and shall charge for the Goods in accordance with the quantity delivered.

3. SUITABILITY

3.1 You shall: warrant and acknowledge that you have not relied on any representation made by us or our employees or upon any descriptive and technical specifications, drawings, catalogues, illustrations or particulars (including without limitation as to weight and dimensions) and waive any claim for breach of any such representations;

    3.1.2 warrant to us that the Goods are sufficient and suitable for the purpose or purposes intended (whether by yourselves or any third party);

    3.1.3 covenant that the Goods will be properly used or dealt with and in particular but without prejudice to the generality of the foregoing only in a manner and for the purposes for which they are sufficient and suitable and that you will pass on to your customers a copy of any instructions relating to the Goods.

4. PRICE

4.1 Subject to any special terms agreed in writing between us we shall be entitled to invoice you for the price on or at any time after we have notified you that the Goods are ready for collection or we have tendered delivery of the Goods.

4.2 We reserve the right to revise prices quoted where appropriate to take account of market fluctuations or circumstances beyond our control.

4.3 Unless otherwise expressly stated in writing, all prices are exclusive of VAT, which shall be payable by you at the prevailing rate.

4.4 Reasonable carriage charges will be payable on all orders.

4.5 All payment terms are set as standard, with payment required in full against the invoice in advance of shipment, unless other terms have been agreed by us in writing. Where items are of a special made to order specification we will request payment upon order acceptance.

4.6 We reserve the right to charge statutory interest rate at 8% over the Bank of England prevailing base interest rate for every day that a payment is overdue against the agreed payment terms.

5. RISK AND TITLE

5.1 Any profiles (both before and after the Laminate has been affixed) and any Tools provided by you or paid in full or part by you shall at all times be at your risk, and it is your responsibility to have the appropriate insurance cover. We shall not be liable for direct or indirect loss arising from any damage or to loss or destruction of the Profile or any such Tools.

5.2 Risk in the Goods shall pass to you immediately on delivery to you or into custody on your behalf, whichever is sooner.

5.3 Notwithstanding delivery and the passing of risk, property in and title to the Goods shall remain with us until we have received payment in cleared funds of the full prices of (a) all Goods the subject of the Contract and (b) all other goods and services supplied by us to you under any other contract whatsoever.

5.4 Subject as herein provided, you shall nevertheless be entitled to deal with the Goods in the ordinary course of business provided that:

    5.4.1 you shall not purport to dispose of the property in and title to the Goods until delivery to your own customer;

    5.4.2 you shall firstly deal with the Goods that you have paid for. Any payment made by you and received by us shall firstly be appropriated to Goods dealt with by you;

    5.4.3 if the Goods are altered or any other goods become attached to the Goods or if any part of the Goods is replaced such as alteration, attachment or replacement shall not affect our property in and title to the Goods.

5.5 Until property in and title to the Goods passes to you:

    5.5.1 you shall hold the Goods as a bailee for us and shall keep the Goods in such a way that they are readily identifiable as our property and shall keep the same property stored, protected and insured and (unless and until dealt with by you under clause 5.4);
separate from all or any other goods whether belonging to yourselves or any third party.

    5.5.2 we shall be entitled to any time to revoke your power to deal with the Goods;

    5.5.3 your power to deal with the Goods shall automatically cease if you shall commit or be subject to any act of insolvency which includes any one or more of the following:

        5.5.3.1 a notice being issued to propose a resolution for winding up or dissolution, or such as resolution being passed, or a petition for a winding up or any administration or bankruptcy order being presented, or any such order being made, or if an administrator or receiver is appointed over you or all or any of you assets; and/or;

        5.5.3.2 any steps being taken to a voluntary arrangement or, arrangement with all or any creditor or any moratorium, readjustment, rescheduling, forgiveness or deferral or all or any indebtedness, or suspension of payment to all or any creditors and/or ceasing business; and/or;

        5.5.3.3 any action anywhere similar or analogous to any of the foregoing, or if we have reasonable grounds for believing that any of the foregoing is imminent;

    5.5.4 you shall not make any modifications to the Goods or their packaging or alter, remove or tamper with any marks, numbers or other means of identification use on or in relation to the Goods;

    5.5.5 you shall account to us for the proceeds of sale or otherwise of the Goods and shall keep all such proceeds separate from any other of your monies or property and in the case of tangible proceeds properly stored, protected and insured; provided that you shall have no authority to enter into contract of sale or other contract on behalf of us and any such contract shall accordingly be concluded in your name;

    5.5.6 Upon determination of your power to deal with the Goods under conditions 5.5.2 or 5.5.3 you shall place the Goods at our disposal and we are hereby irrevocably authorised without the need for consent of any third party using only such force as may be necessary, to enter your premises for their purpose of removing the goods.

6. WARRANTY

6.1 We shall make good either by reimbursement of the whole or part of the price or replacement, in the event of:

    6.1.1 any failure by the Goods to correspond with their specification at the time of delivery;

    6.1.2 subject to 6.2, any defect developing under normal use in the Goods and due solely to faulty design materials and/or Workmanship;provided that any failure to meet specifications is notified in writing to us within 14 days from the date of delivery and any
such defect in design material workmanship shall have appeared within 12 months of delivery and shall have been thereupon promptly notified to us in writing.

6.2 We shall be under no liability in respect of:

    6.2.1 any defect in the Goods arising from any drawing, design or specification supplied by you; and/or;

    6.2.2 any defect arising from fair wear and tear, wilful damage, negligence, lack of proper maintenance or servicing, abnormal working conditions, failure to follow our instructions (whether oral or in writing), misuse (it being understood that our instructions are guidance
only and that you or your customers are responsible for ensuring that the Goods are used in a proper and responsible manner) or alternation or repair of the Goods without our approval.

6.3 Any Goods alleged to be defective shall be promptly made available to us to inspect and, if so required by us are promptly returned to us at your risk and expense for such inspection, and we shall in our reasonable opinion consider them to be defective only by
reasons of faulty design materials and/or workmanship.

6.4 Colour fastness of white products is expected to remain reasonably stable for a period of 10 years from the date of manufacture in accordance with the compound manufacturers’ technical specifications which are available on request, provided that they are used in Middle or Northern Europe only.

6.5 No warranty is given as to the fastness of any other colour, but technical information supplied by the manufacturer is available upon request. The process of affixing Laminate to Profile is carried out according to the procedures recommended by the suppliers of the Laminate and Adhesive. The performance of the Laminate is warranted in accordance with the warranty supplied to us by those manufacturers and full details of this are available to you on request, provided that:

    6.5.1 notice of any claim is given to us in writing within 28 days of when you were or ought reasonably to have been aware of any alleged breach of such warranty and in any event within 7 years from the date of supply of goods;

    6.5.2 we shall be under no liability in respect of any failure of the Laminate to adhere or change of colour arising from:

        6.5.2.1 subsequent manufacturing operations, transport installation, impact, abrasion, mechanical damage, neglect, wilful damage, pollution, lack of property maintenance, or failure to follow our instructions;

        6.5.2.2 end use of the profile other than in Middle or Northern Europe (north of latitude 46° North) and elevations below 1800mm above sea level;

    6.5.3 any item alleged to be defective are promptly made available to us to inspect and, if reasonably so required by us are promptly returned at your risk and expense to us for such inspection;

    6.5.4 this warranty is for your sole benefit and may not be assigned or transferred;

    6.5.5 If you require delivery of the Profile to which Laminate has been affixed within 48 hours of such affixing, no warranty of any kind is given.

    6.5.6 our liability is limited to reimbursement of the price paid or replacement of the goods;

    6.5.7 no warranty is given in relation to woodgrain Laminate affixed to cellular foam PVCu products when used externally.

6.6 All other warranties, conditions or other terms as to merchantable quality, fitness for the purpose or which otherwise relate to the quality of the goods provided are (save for the statutory rights of consumers) hereby excluded. We shall (save as provided herein) have no liability whatsoever howsoever arising or arisen including without limitation in negligence for any such matters. You hereby acknowledge that such exclusion is reasonable in the light of the fact that it is not practicable for us to obtain insurance for direct or indirect losses arising from the failure of the product, which we could pass onto you.

6.7 We shall be under no liability under the warranties in this condition 6 until all monies due from you under the Contract have been paid.

6.8 Notwithstanding and without limitation to any other provision hereof, in no event shall we be liable under any terms of or otherwise in connection with the Contract (including without limitation in negligence) for the loss of profits or any other incidental or indirect damages.

6.9 Nothing in this agreement excludes liability in respect of death or personal injury caused by negligence or fraud or for fraudulent misrepresentation.

7. SUPPLEMENTAL

7.1 Except when otherwise agreed and notwithstanding 5.1 any tool (hereafter referred to as 'Tools') provided entirely or partly at our expense shall be and remain our property and in our possession at all times, even when you have been charged with part cost thereof. Where the cost of Tools is paid for in full by you the Tools become your property and may be removed subject to our right of lien until all other goods manufactured and/or supplied have been paid in full.

7.2 Tools in respect of which you have paid all or part cost will not be used for any other customer without your written consent.

7.3 Tools in respect of which you have borne all or part of the cost shall (subject to clause 7.4) be stored and maintained during their normal useful life at our expense but while all reasonable care
will be taken in maintenance we do not undertake to replace worn our Tools.

7.4 If you order less of the Goods than is specified in our quotation we shall be entitled to charge you the whole or a proportionate part of the cost of making the Tools as we think fit taking into account any part cost already paid by you, and we may also adjust the price per metre of the Goods as we see fit.

7.5 Stillages are our property. These must be returned within 2 months of delivery and, if not returned, we reserve the right to charge these to you at cost price.

8. GENERAL

8.1 In these Terms of Business:

"Adhesive" means the adhesive for affixing Laminate to Profile
"We" or "us" means the Company
"Contract" means the contract made or to be made between us and yourselves subject to these Terms of Business.

8.2 We shall have no liability whatsoever for any failure to perform, or for any delay in the performance of, any of our obligations under the Contract arising wholly or in part by reason of any factor beyond our control.

8.3 No failure or delay on our part to exercise any of our rights under the Contract shall operate as a waiver thereof, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof.

8.4 The Contract shall be governed by English Law and be subject to the exclusive jurisdiction of the English courts.