Terms & Conditions
Terms & Conditions
1. Definitions and effect of conditions
a) The “Company” means INSULATION SHOP, trading as Builders Metalwork, The Old Casino, 28 Fourth Avenue, Hove, East Sussex, BN3 2PJ operating in the United Kingdom.
b) These conditions shall apply to and be incorporated in every agreement between Company and any person, firm or Company (“the Customer”) under which the Company supplies goods or services at the request of the Customer.
c) These conditions shall take precedence over any conditions of the Customer and shall not be varied without the written consent of a Director of the Company.
a) Any delivery dates quoted whether verbally or otherwise are estimates only and in regard to any such date, time shall not be of the essence.
b) The Company shall be entitled to make partial deliveries or deliveries by instalments and these conditions shall apply to each partial delivery. All goods will be delivered (or-credited) not more than 28 days after the original invoice date.
c) The Company reserves the right to substitute products with same type of insulation with the same performance and quality from another manufacturer to speed up delivery. If the alternative product is cheaper The Company will refund the difference in price.
d) If any unforeseen difficulties arise on site, involving the Company in extra work, the cost thereof will be charged as an extra.
3. Price and specification
a) Unless otherwise stated any prices quoted by the Company are:
I. Exclusive of Value Added Tax or any other taxes.
II. Exclusive of carriage, packing and insurance
And the Company shall charge extra in respect of the above items:
b) Prices quoted are those current at the time of quotation and the price payable by the Customer shall be that which is current at the time of delivery to the Customer.
c) Where agreed, call offs are not adhered to by the buyer. The Company reserves the right to amend the price structure in accordance with the quantities delivered.
4. Payment for goods and services
a) The Company reserve the right to suspend deliveries where payment is not received in accordance with paragraph (a) of this clause or in accordance with any alternative terms of payment agreed in writing.
b) If the Company is able to deliver some items comprising the goods subject to agreement but unable to deliver all such items due to causes beyond its control, the Customer shall pay for such items as are delivered.
5. Ordering by phone
The Customer agrees to send the Company a written order either by email, fax, by post or by hand in confirmation of any telephoned orders duly marked with any confirmation reference given by the Company otherwise the Company cannot accept liability for any duplication of delivery that may occur or for delay in dealing with any telephone order.
6. Drawings, illustrations and specifications
All drawings, descriptive weights, dimensions and descriptions and illustrations contained in the sales literature and price lists are approximate only and shall not form part of this agreement. In addition, technical documents issued either before or after the conclusion of this Agreement for the use or information of the Customer and such other information as may be supplied to the Customer including specifications shall not be copied, reproduced or communicated to any third party without the Company’s prior written consent.
7. Losses or damage to goods in transit
a) The Company will not be responsible for damage to any of the goods or loss of the goods or part thereof in transit unless the Customer gives written notice of a claim to the Company and to the carrier.
8. Warranties and guarantees
a) If within 12 calendar months of their being delivered, any defect in the goods is discovered which is directly due to faulty materials or workmanship the Company will remedy the defect or damage by replacement or repair or give credit to the Customer.
b) The guarantee will be subject to the following conditions:
I. It will not apply to any defect or damage resulting in any alteration or modification to the goods without the Company’s prior written consent, incorrect storage, normal wear and tear, overloading, misuse, abnormal conditions of use, incorrect installation, maintenance or repair, use which is not in accordance with the Company’s or the manufacturer’s instructions, any act or omission of the Customer or any third party or any fault in any other goods or equipment.
II. The Customer must complete and return the Company’s Returns Authorisation Form in relation to any such defect or damage. If it appears to the Company from the information in the completed from that such defect or damage is covered by the guarantee authorisation will be issued confirming that the goods concerned may be returned, subject to verification by the Company after inspection of the goods. Authorisation is valid for 28 days from the date of issue, and if the goods concerned are not returned during that period, new authorisation must be requested.
III. Allegedly defective or damaged goods must be returned to the Company carriage paid at its address stated overleaf, with their original packing and, where applicable, all related manuals and accessories as well as a copy of the completed Returns Authorisation Form. Any package without valid authorisation will be refused. The Customer may be charged extra to return the item(s) to the Customer.
IV. If the Customer makes any claim in relation to any goods falling outside the terms of the guarantee ie, physical damage occuring by accident or incident, the Company may charge the Customer for estimate of repair or actual repair. Please refer to the Company for current returns and repair fees. These inevitably vary due to the vast array of manufacturers used. The Customer must collect any returned goods within 5 days of notification that they are not covered by the guarantee or on written instructions from the Customer, the Company will dispose of the goods. Failure to do so will result in the Customer having to pay storage charges of £5.00 plus VAT per unit for each day or part of the day from the end of that period to collection.
V. The guarantee will apply to goods replaced or repaired under the guarantee for the balance of the original guarantee period.
9. Copyrights, patents, trade marks and intellectual property
a) The Customer acknowledges that rights in respect of trademarks, trade names, copyrights, patents and other intellectual property rights connected with the goods do not pass to the Customer.
b) The Customer agrees to indemnify the Company against all liabilities, costs and expenses which the Company may incur as a result of work done in accordance with the Customer’s specifications which involve infringement of any patent or other proprietary right.
The Company reserves the right to sub-contract any part of any work or supply of any goods or services.
11. Constructions and use
The Company shall not be responsible for adapting or modifying any goods to conform to statutory requirements not current at the time of the acceptance of order.
The Company shall be entitled by notice in writing to terminate any agreement without prejudice to any claim or right the Company may otherwise make or exercise where;
a) The Customer is in breach of any term, condition or provision of this agreement or required by law
b) The Customer shall go in to liquidation (except for the purpose or reconstruction) or if any petition or resolution to wind up the Customer, shall be presented or if a receiver is appointed of the Customer’s undertaking property of assets or if a distress shall be levied upon any of the Customer’s property or if a distress shall be levied upon any of the Customer’s property or if the Customer shall commit any act of bankruptcy.
The agreement shall be governed by and construed in accordance with English law and the Courts of England shall have jurisdiction to hear all disputes arising in connection with the agreement.
14. Law compliance
In respects of all products, the Customer is solely responsible to comply with any laws and/or applicable legislation when purchasing from the Company.
15. Data Protection
The Company fully respects your right to privacy, and will not collect any personal information about you without your clear permission. Any personal information, which you volunteer to the Company, will be treated with the highest standards of security and confidentiality, strictly in accordance with the Data Protection Act, 1998
The Company does not collect any personal data about you, apart from information which you volunteer (for example by setting up an account, purchasing from us, e-mailing us or by using our online forms). Any information, which you provide in this way, is not made available to any third parties, and is used by the Company only in line with the purpose for which you provided it (for example for quotation purposes).
These terms do not affect your statutory rights.