STANDARD TERMS AND CONDITIONS FOR SUPPLY OF GOODS & SERVICES TO CONSUMERS
In this document the following words shall have the following meanings:
1.1 “Consumer” shall mean an individual acting outside of the course of his or her business or trade;
1.2 “Contract” is as defined in clause 3.1 below;
1.3 “Customer” means any Consumer who purchases Goods and Services from the Supplier;
1.4 “Goods” means the door and/or other articles specified in the Order Summary;
1.5 “Order Summary” means the quotation on the Website describing the Goods and/or Services to be provided by the Supplier and the relevant costs;
1.6 “Services” means the services (provided by the Supplier or its authorised subcontractor) relating to the fitting and installation of the Goods as such services are specified in the Order Summary as modified by the Site Survey document noted in clause 3.4. For the avoidance of doubt: (a) the Services do not include the provision of any Structural Works or ‘making good’ except as identified on the Site Survey document; and (b) the Supplier only agrees to provide the Services (provided by the Supplier or its authorised sub-contractor) if any door to be supplied comprising the Goods is a replacement door for the Customer;
1.7 “Site Survey” the survey of the site (by the Supplier or its authorised subcontractor) where the measurements in relation to the Goods and Services are checked and fitting issues identified.
1.8 “Structural Works” means any works required to the property where the Goods are to be installed, including, without limitation, ‘making good’, the making of any spaces for doors comprising the Goods and the provision of and/or installation of lintels or similar goods. “Making good” includes painting, decorating, patch plastering, rendering and similar of any areas around a fitted door (comprising the Goods) except as provided at clause 2.6 below.
1.9 “Supplier” means P C Henderson Limited, a company registered in England with company number 01188468 (and registered for VAT purposes with number GB 246 2975 37) and whose registered office is at Durham Road, Bowburn, Durham DH6 5NG.
1.10 “Terms and Conditions” means the terms and conditions of supply set out in this document and any special terms and conditions agreed in writing by the Supplier;
1.11 “Website” means www.hendersondoors.com.
2.2 No variation to these Terms and Conditions shall be binding unless agreed in writing by the Supplier.
2.3 Because the Customer is a Consumer, under English and Welsh law there are a number of warranties implied into the Contract of sale and supply of the Goods and Services which cannot by law be restricted or excluded. For example, under the Sale of Goods Act 1979, the Goods supplied by the Supplier must be of satisfactory quality and fit for purpose. It is important for the Customer to know that nothing in these Terms and Conditions shall affect these and the other statutory rights that the Customer has as a Consumer.
2.4 Any omission or error in any sales literature, Order Summary, web page on the Website, price list, order acknowledgement, dispatch note, invoice or other document issued by the Supplier may be corrected by the Supplier without liability.
2.5 The Supplier only supplies the Goods and Services to those Customers in the United Kingdom and, for the avoidance of doubt, the property where the Goods are to be delivered and/or the Services are to be performed must also be within the United Kingdom.
2.6 It is important for the Customer to understand that the Supplier (through its authorised sub-contractor) will not, except as provided in its Site Survey, undertake any Structural Works in relation to the performance of the Services.
3 THE ORDER
3.1 The contract for supply of the Goods and Services (“Contract”) will be formed at the later of when the Supplier sends the Customer an email order confirmation accepting the Customer’s order placed through the Website or when the Supplier’s Site Survey confirms that the Goods ordered can be installed. Once the Contract has been formed with the Customer the Supplier will file it in electronic or paper copy for its records.
3.3 All orders confirmed in accordance with clause 3.1 above shall be deemed to be acceptance of these Terms and Conditions and any terms set out in the Site Survey document.
3.4 Following the Site Survey, the Customer must pay for the Goods and/or Services in accordance with clause 4.2 below. The Site Survey document will be prepared by the Supplier (through its authorised sub-contractor) and will include the extent of the Services to be performed. Once agreed, the Site Survey document must be signed by the Customer prior to the Services being performed.
3.5 The Customer may not cancel any Contract, or obtain a refund, for any Goods made to its specification, custom-made or personalised to the Customer’s order.
4 PRICE AND PAYMENT
4.1 The price for the Goods and Services is as specified in the Order Summary and is inclusive of VAT but exclusive of any applicable charges outlined in the Order
4.2 The Supplier will collect the Customer’s payment details at the time the Customer places an order. Payment shall be made , in one of the following ways:
4.2.1 by credit card or debit card operated by the Supplier’s third party provider World Pay.
4.3 No payment shall be processed in accordance with clause 4.2.1 until the Supplier’s Site Survey confirms that the Goods ordered can be installed and, in the case of payment under clause 4.2.2, in accordance with the Scheme’s payment provisions.
4.4 [If, for any reason the Supplier does not receive any payment under the methods set out in clause 4.2 by the due date for payment, the Supplier may charge interest to the Customer on the overdue amount at a rate of 3% a year above the base lending rate of the Supplier’s bank from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment.]
5 DELIVERY AND PERFORMANCE
5.1 The date of delivery and performance specified by the Supplier is an estimate only. Time for delivery and performance shall not be of the essence of the contract and
the Supplier shall not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods and/or performance of the Services.
5.2 The Services (including any Site Survey and fitting) will take place from 8am till 5pm Monday to Friday, 8am till Noon Sat, excluding Bank Holidays, subject to engineer availability or at such times as agreed by the Supplier and the Customer.
5.3 All risk in the Goods shall pass to the Customer upon delivery and the Customer’s signature to confirm conformance to their order and inspection.
Title in the Goods shall pass to the Customer upon payment in full for the Goods and any associated charges, including, without limitation charges in respect of the Services.
7 CUSTOMER’S OBLIGATIONS
7.1 To enable the Supplier to perform its obligations the Customer shall:
7.1.1 co-operate with the Supplier and its authorised sub-contractor carrying out the Services;
7.1.2 provide the Supplier with any information reasonably required by the Supplier in relation to the delivery of the Goods and/or performance of the Services;
7.1.3 obtain all necessary permissions, licenses and consents which may be required before the commencement of the services, the cost of which shall be the sole responsibility of the Customer;
7.1.4 sign the Supplier’s (or its authorised sub-contractor’s) ‘job completion sheet’ once the Services have been completed in accordance with the Contract;
7.1.5 provide the Supplier (or its authorised sub-contractor’s) at the Customer’s cost with the necessary power and lighting to enable the Services to be supplied; and
7.1.6 comply with such other requirements as may be set out in the Order Summary, agreed Site Survey document or as otherwise agreed between the parties.
8 SUPPLIER’S OBLIGATIONS
8.1 The Supplier offers the following warranty periods against their products – 10 years offered against the exterior of factory fully finished Sectional Garage Doors 2 years offered against all Mechanical Elements of the door 5 years offered against garage door remote control systems, excluding handsets and consumable items such as batteries and bulbs.
8.2 The Supplier warrants that it (or its authorised sub-contractor) shall perform the Services with reasonable skill and care and that the workmanship of the Services will, for a period of 12 months from the date of completion of those Services, be in accordance with any standards set out in the Order Summary.
8.3 Subject to clause 8.4, the Supplier undertakes (at its option) to:
8.3.1 replace or repair free of charge any Goods (or part of the Goods) found to be defective due to faulty parts, materials or workmanship within the warranty period noted at clause 8.1; or
8.3.2 refund the price any Goods (or part of the Goods) found to be defective due to faulty parts, materials or workmanship within the warranty period noted at clause 8.1 but shall have no further liability to the Customer in respect of the defective Goods.
8.4 There are certain conditions which may invalidate the warranty given under the Contract. These are where the defect in the Goods arises out of:
8.4.1 incorrect installation arranged by the Customer (or any third party who is not the Supplier) through a third party not connected to us;
8.4.2 use of the Goods otherwise than in accordance with any instruction manuals provided by the Supplier with the Goods;
8.4.3 unauthorised repair or modification of the Goods;
8.4.4 use of the Goods otherwise than under normal domestic conditions within the United Kingdom; and
8.4.5 fair wear and tear.
8.5 Where the Services (or any part of the Services) are found, during the warranty period noted at clause 8.2, not to have been performed in accordance with the warranty noted at clause 8.2 the Supplier (at its option) shall (whether itself or through its authorised sub-contractor) re-perform the Services (or relevant part of the Services) or refund the price of the Services (or relevant part of that price) but shall have no further liability in respect of the defective Services.
9 LIMITATION OF LIABILITY
9.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for:
9.1.1 death or personal injury caused by the negligence of the Supplier, its agents or employees; and/or
9.1.2 fraud or fraudulent misrepresentation by the Supplier its agents or employees;
9.1.3 any other form of liability which cannot by law be restricted or excluded.
9.2 Subject to clause 9.1, the Supplier shall not be liable for any direct loss or damage suffered by the Customer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price for the Goods and Services.
9.3 Subject to clause 9.1, the Supplier shall not be liable under any circumstances to the Customer or any third party for any loss of profit, indirect or consequential or other economic loss (including, without limitation, loss of reputation, loss of goodwill and loss of business) suffered by the Customer howsoever caused, as a result of any negligence, breach of contract or otherwise.
10 DELAY OR FAILURE TO PERFORM
Neither party to the Contract shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
12 GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the non-exclusive jurisdiction of the English courts.