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General 1. In these conditions the 'seller' means Great
Northern Shutter Company (a division of Great Northern Trading Company) and
the 'buyer' means the person, firm or company placing an order
for goods or services, which are subject to these terms and conditions
which are not variable except in writing signed by the seller.
2. These conditions of sale together with the particulars contained
in the order acceptance, save where stated otherwise and any special
conditions agreed by the seller in writing constitute the entire contract
between the buyer and the seller. 3. Periods of time referred to in
these conditions of sale shall be of the essence.
Quotations All quotations by the seller represent an invitation
to the buyer to place an order and do not constitute a legal offer.
The purchase order will be regarded as the offer and the seller's
order acceptance will be regarded as binding. No alternative terms
and conditions will be considered or accepted by the seller. Trade
prices will only be quoted if a proof of business is given. 2.
All prices are quoted without commitment and are subject to alteration
or withdrawal by the seller without prior notice. Orders can only
be accepted on condition that the prices charged are those ruling
at the date of despatch unless the seller specifically agrees in
writing to engage a fixed price contract. Prices quoted and agreed
include the cost of goods only and do not include delivery, packaging
or VAT where stated.
Delivery 1. Delivery times stated are estimates only and time
is not of the essence. Whilst every effort is made to ensure due performance
the seller cannot accept responsibility for damages or consequential
loss or damage arising out of delay or failure to deliver by the
specified date. 2. Orders that are sent by post either at the customers
request or at the discretion of the seller are despatched entirely
at the customers risk. The seller cannot accept responsibility
should the Post Office or any other delivery service lose or delay
a delivery. 3. The buyer shall provide at its own expense adequate
assistance for unloading goods at their place of delivery within
a reasonable time from the arrival of the delivery vehicle. In
the event of default the buyer shall be liable for the additional
cost of delivery or re-delivery thereby occasioned. 4. If a buyer
fails to take delivery of the goods or any part of them on the
due date for any reason whatsoever the seller will be entitled
to charge for re-delivery and upon notice to the buyer delivery
will be deemed to have taken place and the buyer will pay to the
seller all costs and expenses including storage and insurance charges.
Any delay or failure to deliver by the seller will not entitle
the buyer to refuse delivery or to repudiate the contract and the
full price will be payable to the seller without deduction. 5.
Non delivery or damage pilferage in transit must be reported in
writing to the seller within 5 days of receipt of invoice or advice
of despatch. Where goods are collected from the seller by the buyer
or a third party nominated by the buyer the risk in the goods passes
to the buyer upon delivery to the buyer or such third party. Thereupon
all liability of the seller in the goods for loss or destruction,
breakage's, shortages or non delivery shall cease. 6. The address
for delivery shall be the buyer's address as stated on the order
unless otherwise agreed between the parties in writing. 7. Once
the goods are delivered and signed for either in good condition
or unchecked, the seller cannot accept responsibility for any damage
to said property.
Retention of Title 1. The goods shall remain the property
of the seller until full payment has been received (each order being
considered as a whole) or until prior resale in which case the beneficial
and legal entitlement of the seller shall attach to the proceeds of
the resale or to the claim on those proceeds. 2. Upon taking possession
of the goods the buyer shall be a bailee of the goods for the seller
until title has passed to the buyer and shall store the goods upon
its premises separately from its own goods, and shall clearly mark
its goods, so that they are clearly identifiable as the goods of the
seller. 3. The buyer's right to possession of the goods will cease
at the earliest of the following date: (a) On expiration of any agreed
period of credit, or the due date for payment of any invoice has
passed; (b)If being
an individual he commits an act of bankruptcy or makes a proposal
to his creditors or does anything which would entitle a petition
for a bankruptcy order to be made, or the seller believes on reasonable
grounds that the same is likely to occur; (c) If being a company
it goes into liquidation or does anything or fails to do anything
which would entitle a receiver to take possession of any assets
or which would entitle any person to present a petition for winding
up or to apply for an Administration order, or the seller believes
on reasonable grounds that the same is likely to occur; (d) If
the buyer does or fails to do anything which may in any way imperil
the title of the seller to the goods. 4. The seller will have the
right if paragraphs (a) (b) (c) or (d) apply: 1. To repossess
the goods 2. To use or sell all or any of the goods 3.To enter any
premises of the buyer for the aforesaid purposes.
Carriage and Packing Charges 1. Mainland - There is a charge on all orders for goods. Exceptions
are single packages of hardware and sample colours which will be
forwarded to the buyer by the seller at the request of the buyer
by first class post to be charged at cost if agreed. It should
be noted that the liability for such despatches is held with the
buyer. The seller will be responsible only for deliveries made
to business addresses by our approved carrier. Prices are subject
to VAT. 2. Northern Ireland, Isle of Man, Channel Islands and European
deliveries shall be made by post or by courier at cost. Prices are
subject to VAT.
Samples 1. Free of charge stain samples can be supplied to
buyer. Sample shutters/blinds can be supplied and invoiced at charges
specified by the seller.
Minimum Order 1. There is no minimum order. There is, though,
a minimum fitting charge of £130 including VAT based on complexity
and location.
Payment Terms 1. Unless the seller has approved a credit application
evidenced in writing, all goods must be paid for prior to delivery
or on completion of installation as agreed. Credit terms are that payment
be made by the end of the month following date of invoice. 2. If payment
is not made by the due date interest shall be charged thereon at a
rate of 2.5% per month above the base rate of HSBC Bank PLC for
the time being on a day to day basis. 3. If an account becomes overdue,
orders will be suspended until the account is brought up to date. The
seller reserves the right (without prejudice to any right to damages
or other remedy available) to withhold further delivery to the buyer
until payment in full, including any interest due, is made.
Trading Terms 1. The company reserves the right to close existing
accounts or refuse to open new accounts without being required to give
notice or reasons. An account which has been dormant for a period of
six months will be automatically closed, however, facilities to purchase
products or a proforma basis may be offered at the companies discretion.2.
The buyer acknowledges the position of the seller as the supplier of
the products having a high reputation and premium brand image, and
will ensure that the products are resold and presented for resale in
a manner which maintains and enhances that reputation. 3. No one involved
in the operation of the account should be directly or indirectly engaged,
concerned or interested in any way in the business of supplying The
Great Northern Shutter Company Ltd products by mail order from the approved premises
or from any other location.
Returns 1. Any defective goods must be returned within 7 days
of being delivered/installed. Goods
delivered/installed and signed for in good working order cannot
be returned. Repair or replacement of shutters will be at the
discretion of the seller.
Liability All goods are sold to the buyer on the following conditions
and the buyer must ensure that the following conditions are incorporated
into any contract with their own customer. The seller does not
accept any responsibility arising from the buyer's failure to follow
this condition. 1. All goods should be fully inspected prior to
installation. The buyer must check that the shutters and blinds
are in accordance with the purchase order both for colour and design
prior to installation. The seller cannot accept responsibility
in circumstances where the buyer is not present at the delivery/installation
address. 2. The buyer must check that shutters and blinds are to
colour sample prior to installation. The seller cannot guarantee precise
colour matching against samples, our products are made from a natural
material. Minor imperfections not readily apparent at a distance of
four feet under ordinary light will not be accepted as defects. Colour
matching of finishing products (eg paints and stains) cannot be guaranteed
although every reasonable effort will be made to ensure the accuracy
of the finished product. 3. The seller cannot guarantee the goods
against fading especially as a result of exposure to sunlight where
fading will occur. Our goods are not guaranteed against extreme damp
or variable conditions. 4. The seller reserves the right to withdraw
any products and colours at any time without prior notice and cannot
be held responsible for any consequences, caused by the withdrawal
of such products. 5. Under no circumstances, except in respect of death
or personal injury caused by the sellers negligence does the seller
accept liability for consequential loss, damage, costs or expenses,
howsoever arising and any liability for any such consequential loss
damage is hereby specifically excluded. Should a claim be made the
seller's liability is limited to value of the order placed by the buyer.
6. The
seller gives no warranty as to the fitness of the product supplied
for any purpose other than that of an internal window dressing as surveyed
by the company, other installation and uses are the risk of the buyer.
7. Tolerance levels of overall panel specifications are plus or minus
2mm, and the product will not be considered defective if failing within
the size range. Warp on any component part, vertical or horizontal,
shall not exceed 1mm per 300mm and shall not be considered defective
if within this tolerance. 8. The seller will take the shortest measurement
(e.g. if the window which appears to be square measures 600mm width
at the bottom and 602mm width at the top then the measurements of the
window will be taken at 600mm and the same principle for the height). Windows
are not always perfectly square and although Hi not visible to
the eye, can often slightly run out. The shutters are sold as
a square product and therefore the customer will accept tolerance
levels of plus/minus 2mm upon ordering. 9. Limitations. It is recommended
that panels be ordered within our normal specification range. For example,
that panels above 1500mm in height are ordered with a divider rail,
and that panel widths do not exceed 750mm. We may exceed the limitation
at your request, but in doing so we cannot accept responsibility for
problems that result. 20. If the client is not on site when property
is surveyed or installed the shutters will be fitted in accordance
to our standard practices unless agreed prior to confirmation. If they
chose to install against our recommendation then liability will be
theirs. 11. If installers are paid by the clients directly the seller
cannot accept liability for any damage. The foregoing is in substitution
for all other terms, express or implied relating to the quality or
fitness for purpose, and all such terms are hereby excluded. This does
not, however, affect the consumer's statutory rights.
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