Terms and Conditions of Sale
These conditions of sale apply to all quotations issued by TPS Gates & Doors LTD –hereinafter referred to as “The Company” –and apply to all Orders or Contracts accepted by the company.
VALIDITY: The period for which all Quotations issued by The Companyshall be valid is only 30 days from the date of issue, unless such period is expressly modified by the mention in the Quotation.All Listings, Drawings and Specifications, are hereby specifically excluded from the benefits to Purchaser which are subject of Quotations issued or Orders/Contracts accepted by The Company. All technical or other information issued by The Company is so issued in good faith, without liability for errors or omissions and without liability in respect of information supplied by others.Our quotation assumes uninterrupted access to complete all works, including groundworks. Unless advised by the customer and costed within our quotation groundworks assume no unexpected below ground hazards including but not limited to water and electricity cables and pipes, sewerage or drainage works or below ground rock formation. In the event that unexpected hazards are discovered or uninterrupted access to the site is not possible the company reserves the right to make an appropriate adjustment to the quoted price to accommodate any extra work involve
GUARANTEES & WARRANTIES: All goods supplied and work done by The Company shall be good quality and suitable for operation in the manner intended by The Company as expressed in the Company’s Quotationor order acceptance. However, The Company shall in no way be liable for the consequences of use or non-use of the equipment or services supplied. In the event of any defect appearing in The Company’s materials or workmanship, The Company will replace freeof charge any defective component, or make good defective workmanship provided the Purchaser notifies The Company, and gives full access to the equipment within TWELVE months of the date on which the goods were dispatched by The Company, but after that period a charge will be made by The Company. All guarantees & warranties will be considered void, if the product has been tampered with, not regularly serviced and looked after or if a third party company has carried out any work to the product, in this case a call out or repair fee will be chargeable.
TIMBER DISCOLOURATION: If your gate(s) are timber, over time, the colour of your gate will change, this is due to exposure to weather. We cannot be held responsible for any discolouration whatsoever, as thisis not under our control as they are natural causes. Over time, mould may begin to appear as exposure to UV light breaks down the lignin in the wood to simple sugars which act as a food source for mould whichappears as a dark, blotchy colour. To prevent mould from appearing the gate needs to be cleaned regularly, especially in damp weather throughout the winter season. Any discolouration that does occur will not affect the timber internally, and causes no long term damage.
DESPATCH PERIOD(S): Mentioned in the Company’s Quotation(s) or letter(s) of acceptance are estimates only, made in good faith, and are based on the Company having full and sufficient information to enable the Company to proceed uninterruptedly. In the event of anything happening beyond the reasonable control of the Company to interrupt such period, a revised despatch period shall be negotiated by the Company with the Purchaser without penalty to the Company. DELIVERY TO SITE AND OFFLOADING WILL ONLY BE CARRIED OUT BY OR ON behalf of the Company to the extent specified in the Company’s Quotation, based on the Purchaser providing to the Company full information as to site location and/or despatch address at the time of issue of an Order or Contract.
ALTERATIONS: To an Order or Contract will only be put into effect when revised price(s), despatch period(s) etc, have been agree
CANCELLATION: Of an Order or Contract that has been accepted will only be put into effect if the Purchaser agrees to pay the full amount(s)notified by The Company in respect of value of materials and labour committed, together with a reasonable amount towards overheads, loss of profit(s) and cost of disturbance of the Company’s manufacturing programme.
DEPOSITS: Deposit payments will be required by The Company for all items as described here below
Bespoke manufacturing: All equipment that is designed or manufactured to fit the specific requirement of the customer. Any equipment ordered by The Company from another company to specifically fulfil the contract for the customer. Deposit amount to be agreed and paid in full prior to the commencement of bespoke manufacturing or buying in of such goods. A deposit payment will also be required for newFor goods supplied net cash (including V.A.T. where applicable) within 28 days of delivery –unless specifically agreed otherwise by the Company in writing in special cases. The ownership of the goods which form the subject matter of the contract shall pass to you only when those goods have been paid for in full to us or toour appointed agent. In the event of you obtaining possession of the goods prior to making payment for them you will, until the date of payment, if we so require, keep the goods stored separately. INTERPRETATION: Of these Conditions and the Contract is inaccordance with the English Law –whatever the ultimate destination of the goods.
TERMS OF PAYMENT: For goods supplied, installed and commissioned, unless other credit terms have been agreed by the Company, all accounts and balances are due for payment immediately on completion of work without any retention. We will accept payment of accounts by credit card, bank transfer or cheque.Credit facilities may be withdrawn or reduced at any time at our sole discretion.Even if we have previously agreed to giveyou credit, we reserve the right to refuse to execute any order or Contract if the arrangements for payment or your credit rating is not satisfactory to us. In our discretion we may require security satisfaction to us or payment for each consignment when it is available and before it is despatched in which case delivery will not be effected until we are in receipt of security or cleared funds as requested by us.
You may not withhold payment of any invoice or other amount due to us by reason of any right ofset off or counterclaim, which you may have, or allege to have, for any reason whatsoever.We shall be entitled at all times to set off any debt or claim of whatever nature which we may have against you against any sums due from us to you.The Company reserves the right to apply statutory interest to any payment received later than the terms specified above.
ARBITRATION: In the event of any dispute arising as to the interpretation of these Conditions and the conduct of the parties hereto, the matter(s) shall be referred to arbitration, in accordance with the Arbitration Act 1960, and subsequent legislation and application thereof.Where installation and Commissioning on Site is included, the following additional conditions shall apply
INSTALLATION AND COMMISSIONING: Quotations are issued and Orders accepted on the basis that full and sufficient access will be given by the Purchaser to the Company, including power supplies and offloading facilities where necessary, to enable the work of installation and commissioning to be carried out in one visit; the Company reserves the right to charge extra in the event of there being any variation in this, however, such vacation is caused
TPS Gates & Doors Limited company registration number 6846982If you fail to take delivery, accept or collect the goods within the agreed time, in our discretion, we may make an additional charge, invoice you for the goods, or treat the Contract as repudiated and, in any case, recover our losses from you.If the goods are to be deposited other than on your private premises, you shall be responsible for compliance with all regulations, and for all steps which need to be taken for the protection at all times of persons or property.By your inviting our delivery/installation staff and our vehicle on to your property you are accepting the risk attached with doing this. Your delivery will be made by acommercial goods vehicle, and any consequential damage caused by the use of these vehicles is accepted at your own risk. Thiscan include tyre / scuff marks on the driveway, oil / fuel leakages or spills, damaged vegetation, tyre ruts on soft ground etc. Our drivers will obviously try to minimise the impact their vehicle has on your property, but acommercial goods vehicle may leave some form of footprint behind and you accept this entirely at your own risk. We have the right to refuse delivery if we feel it is unsafe, unlawful, or likely to cause unacceptabledamage to either your property or our vehicle. If you have any concerns about acommercial vehicle accessing your property, including if you live in an area with restricted access, please discuss them with our transport manager prior to delivery.If you collect goods from us, you are solely responsible for the size, weight and positioning of the load on the vehicle and shall indemnity us in respect of all costs, claims, losses or expenses we may incur as a result of your collecting of the goods. Risk in the goods shall pass you when the goods are delivered. The property in the goods shall remain with us until you pay all sums due tous, whether in respect of the Contract or otherwise.We may assign novate, or subcontract all or part of this contract and you shall be deemed to consent to any novation. This Contract is personal to you and it may not be assigned by you
GUARANTEES & WARRANTIES: Described above shall run from the date of completion of commissioning of each unit, instead of date despatched. In the event of there being any defect in the Company’s materials or workmanship under normal operation of the equipment, theCompany reserves the right to visit site and rectify at the Company’s own expense; if such defect does no relate to the Company’s materials orworkmanship, the cost of the visit shall be paid for by the purchaser. COMMISSIONING CERTIFICATES: These are not normallyissued, unless specifically included in the Company’s Quotation.
TAKING OVER of the equipment shall be upon completion of Commissioning and the receipt by the Company of payment in full.
CIVIL WORKS, FOUNDATIONS & DUCTING OF POWER & CONTROL CABLES are, unless specified otherwise in the quotation, normally carried out by the Purchaser to information supplied by the Company, but all or part(s) of this work can be carried out by the Company by prior arrangement, confirmed in writing. TIME FOR COMPLETION shall be the despatch (see clause above) and the Installation and Commissioning period, as estimated in the Company’s quotation. Due to the wide variety of circumstances encountered on different sites, the latter period is in no way guaranteed, but installation and commissioning work will be carried out promptly and effectively once access to site is granted
Photographs and Social Media: The company may take photographs of any completed installations and repairs carried out at your property. These photos are taken with your privacy in mind will we not include house numbers, names or vehicle registrations. We may on occasion like to include some of our work on social media such as Facebook, Twitter and the company website, for marketing purposes. If you do not wish for The Company to use photographs of your gate or garage install, then please advise us of this immediately.
INVOICE PAYMENT TERMS: Nett 30 Days -Payment due 30 days following date of invoice.Claims arising from invoices must be made within seven days