CONDITIONS OF SALE : Invoices for any order placed following such quotation are subject to the following conditions of sale in which Apple Joinery is referred to as “the Company”:
1. Validity of Quotation
No order received from a customer by the Company shall constitute a contract until accepted in writing by the Company.
2. Prices
Prices quoted by the Company are firm for 30 days only or until previously withdrawn. Unless otherwise stated, all prices are exclusive of any applicable value added tax, for which the customer shall be additionally liable to the Company. If a claim for reduction of value added tax is made by the Customer but later found to be incorrect, payment of the correct amount will be made by the Customer.
3. Delivery
Delivery periods and dates are given in good faith, but are not subject of any warranty or condition, and time shall not be of the essence of the contract in these respects. No liability will attach to the Company if delivery periods or dates are not met for any reason whatsoever.
4. Payment
The customer shall pay the price in full upon completion/ delivery of goods / services. If payment is not made within 30 days of the due date, the customer shall pay the Company interest at the rate 4% per annum above the base lending rate of Barclays Bank plc from the due date for payment until the date of actual payment. The Company reserves the right to demand a deposit of up to 30% of the price of the goods supplied. Please note that we do not accept Credit / Debit Card Payments.
5. Warranty
The Company warrants that all goods supplied by it will correspond to their specification and will be free from defects in materials or workmanship for a period of 12 months from the date of delivery. The Company’s obligation in the event of a breach of this warranty is limited to the repair or replacement of any defective goods which shall be returned to the Company by the customer. This warranty is given in lieu of all other warranties or conditions expressed or implied (whether by statue or otherwise) and is subject to the following conditions:
5.1 Claims must be notified in writing to the Company within seven days from the date of delivery or (where the defect is not apparent on reasonable inspection) as soon as practicable after discovery of the defect, but before fitting.
5.2 The Company shall be under no liability in respect of any defect in the goods arising from any drawing, design or specification supplied by the customer.
5.3 The Company shall be under no liability if the defect or failure, in the reasonable opinion of the Company, arises from wilful damage or misuse, negligence by the customer or any third party, failure to follow the Company’s instructions, or alteration or repair of the goods without the Company’s prior approval.
5.4 The Company shall be under no liability if the price for the goods has not been paid by the due date for payment.
5.5 The above warranty does not extend to parts, materials or equipment not manufactured by the Company, in respect of which the customer shall be entitled only to the benefit of any such warranty or guarantee as is given by the manufacturer to the Company
5.6 Except in the case of death or personal injury caused by the Company’s negligence, the Company shall not be liable for any consequential loss or damage (whether for loss of profit or otherwise) or other claims for consequential compensation.
5.7 Our warranty does not include the following : Normal wear and tear, including normal wear and tear of weatherstrip; natural weathering of surfaces. Variance in colour or texture of natural wood parts. Normal wear and tear to hardware and naturally occurring changes to hardware finishes (e.g., corrosion or tarnishing). Product failure due to misuse or abuse; damage caused by failure to properly finish and provide maintenance, by alteration or modification to the joinery. Slight expansion or contraction due to varying environmental conditions or any natural characteristics of the material (e.g. movement, splits, discolouration etc.).
5.8 Any warranties given for Double Glazed Units are with the Glass Manufacturer only, not with the Company. Any repairs necessary in the process of replacing defective units will be charged. The Company warrants the paint on all supplied finish painted products for 12 months. However, we do have the option to withdraw this warranty if we feel that the painted products has been subject to high wear and tear or adverse weather conditions.
5.9 Paint : Due to heat absorption and the effect this has on the timber, we do not supply any warranty on the paint or related defects when black or dark paint has been used. If our product has been supplied Primed Only, any failure of the product due to inadequate finishes being applied will not be covered under the Warranty. We do not give any Warranty on products other than our recommended Omnia range.
6. Carriage
Packaging, carriage and insurance charges in respect of delivery of the goods to the customer will be charged to the customer at cost to the Company.
7. Damage in transit
The Company does not accept any liability for loss or damage to the goods while in transit to the customer.
8. Risk
The risk in the goods shall pass to the customer, or be deemed to be in breach of any contract with the customer, by reason of any delay in performing, or any failure to perform, any of the Company’s obligations in relation to the goods, if the delay or failure was due to force majeure or to any other cause beyond the Company’s reasonable control.
9. Force majeure
The Company shall not be liable to the customer, or be deemed to be in breach of any contract with the customer, by reason of any delay in performing, or any failure to perform, any of the Company’s obligations in relation to the goods, if the delay or failure was due to force majeure or to any other cause beyond the Company’s reasonable control.
10. Reservation of title
The goods sold under these conditions shall remain the absolute property of the Company and legal title in the goods shall remain vested in the Company until payment in full of all amounts invoiced or due to the Company in respect of the goods, or until the goods are resold by the customer, whichever shall first occur. If the customer shall enter onto liquidation, have a winding-up order made against it, or have a receiver, administrator or administrative receiver appointed over its assets, income or any part thereof before the property in the goods has passed in accordance with this condition, the Company shall be entitled, immediately after giving notice of its intention to repossess the goods, to enter upon the premises of the customer with such transport as may be necessary and to repossess any goods to which it has title under this condition. No liquidator, receiver, administrator or administrative receiver of the customer shall have authority to sell goods to which the Company has title without the prior written consent of the Company.
11. Insolvency of customer
If the customer, being a body corporate, shall pass a resolution or suffer an order of the Court to be made for winding-up, or if a receiver, administrator or administrative receiver shall be appointed or, being an individual or partnership, shall suspend payment, propose or enter into any composition or arrangement with his or their creditors, or have a bankruptcy order made against him or them, then the Company shall have the right, without prejudice to any other contract with the customer, not to proceed further with the contract, and shall be entitled to charge for work already carried out (whether completed or not) and for goods and materials already purchased for the customer, such charge to be an immediate debt due from the customer.
12. Applicable law
These conditions shall be governed by and construed in accordance with English law and the parties acknowledge and accept the exclusive jurisdiction of the English Courts.
13. Conditions applicable
These conditions shall apply to all contracts for the sale of goods by the Company to a customer to the exclusion of all other terms and conditions which a customer may purport to apply under any purchase order, confirmation of order or similar document and all orders for goods shall be deemed to be an offer by the customer to purchase goods subject to these conditions.