Terms & Conditions

Storage

Ask Active Supply & Design Ltd is part of Janus International Europe Ltd.


1. As-Built Drawing(s)

On completion of the project as-built drawing(s) can be made available to the Customer but do not form part of the Company’s contractual obligations within this Contract.


2. Assignment

The Customer cannot assign, transfer or otherwise deal with their rights or obligations under this contract without the prior written approval of the Company.


3. Building Compatibility

It is the responsibility of the Customer to ensure that the building, its fabrication and condition is compatible for the Company’s products and installation. Any costs to enable this compatibility will be at the Customer’s cost.


4. Cancellation

The Company reserves the right to cancel the Contract, and recover any relevant costs and/or lost profit under certain conditions including; any contractual breach or non-payment, Customer company being put into administration or liquidated/dissolved, any material changes to Customer management or if the Customer company is, or deemed to be, not a going concern. Should the Customer seek to cancel the project, then the Company shall be entitled to recover expended costs and loss of profit.


5. CDM Regulations (UK only)

The Customer accepts responsibility for all aspects of compliance under the Construction, Design and Management Regulations or current equivalent. Refer to www.hse.gov.uk.


6. Customer

Customer is the contracting party who enters into the Contract with the Company and will be invoiced by the Company.


7. Customer Information

Where a Quotation is provided on the basis of information and drawings provided by the Customer and if this information proves to be incorrect or inaccurate then the Company reserves the right to amend or withdraw this Quotation. If a Contract is made based on Customer provided data that is inaccurate the Company will be entitled to charge the Customer for costs incurred and/or lost profits.


8. Customer Sign-Off

The Customer or Customer-appointed representative will sign the Customer Sign-Off form on practical completion of the job which will then assert that the job is complete according to the contracted Specification and all amounts outstanding become fully payable. If the customer does not make an appropriately authorised representative available on completion of a project the works will be deemed to be signed off.


9. Collection

All Products and materials must be collected within 5 working days of the Company proposed date for collection unless agreed by the Company separately and in writing. Any costs associated with late collection will become payable by the Customer.


10. Company

Is Janus International Europe Ltd.


11. Compliance with Regulations

It is the responsibility of the Customer to ensure that the scope of works being commissioned from the Company are fully compliant with local regulations. This includes, but not limited to, fire protection and similar. Any costs to enable this compatibility will be at the Customer’s cost.


12. Confidentiality

The Company and Customer agree to keep to the terms of this Contract/Agreement, and the negotiations thereto, confidential


13. Contract

Is the acceptance of a quoted Specification between the Customer and the Company as referenced by a Company-issued reference number.


14. Credit Checks

The Company may undertake a credit check on new customers. These are carried out in order to limit difficulties during the payment process. By agreeing to the Terms and Conditions you consent to this credit check (if required) and to sharing your data with credit reference agencies for this purpose.


15. Data protection

"Data Processing Details” means the description of any Personal Data processing activities contemplated by these Terms.

"Data Protection Law” means all applicable laws and regulations pertaining to the security, confidentiality, protection or privacy of Personal Data, as amended or re-enacted from time to time, including (without limitation and to the extent applicable) the GDPR.

"GDPR” means the European Union General Data Protection Regulation, namely Regulation (EU) 2016/679

"Good Industry Practice” means, in relation to any undertaking in any circumstances, the degree of skill, diligence, prudence and foresight which would reasonably and ordinarily be expected from a skilled and experienced person in the same or similar circumstances

"Personal Data” means the personal data made available by or on behalf of the Customer to the Company for the purposes of these Terms, obtained by the Company in connection with these Terms, during the course of supplying the goods that is processed by the Company on behalf of the Customer in accordance with these Terms, as further described in the Data Processing Details

"Regulations” means all legislation, and all rules or regulations of any kind, including orders, instructions or directions of a competent authority, and all related official guidance, whether enacted or enforced by any competent authority with whose decision or determination it is Good Industry Practice to comply

"Security Incident” means either:

(1) The unlawful or unauthorised processing of Personal Data

(2) The accidental loss, destruction of, theft, use, disclosure or damage to, Personal Data

(3) Any other security incident affecting Personal Data (including (without limitation) a personal data breach as defined in the GDPR).

(ii) Terms defined in the Data Protection Law shall have the same meaning when used in these Terms.

(iii) References to a law of the European Union include a reference to that law as incorporated into the laws of the United Kingdom at any time after the United Kingdom ceases to be a Member State of the European Union.

(iv) The Company and the Customer shall each ensure that it shall comply with the provisions and obligations imposed on it by Data Protection Law.

(v) The parties acknowledge and agree that, for the purposes of the Data Protection Law, to the extent the Company acts as a data processor in its processing of Personal Data on behalf of the Customer (as data controller) in the performance of the Company’s obligations under these Terms:


(1) The Customer shall determine the purpose for which and the manner in which all Personal Data shall be processed by the Company whilst performing the Services or supplying the goods. Further information about the Personal Data processing activities contemplated by these Terms is set out in the Data Processing Details

(2) The Company shall only process the Personal Data for the purposes of performing its obligations under these Terms and in accordance with the written instructions given by the Customer from time to time, unless the Company is subject to an obligation under

Regulations (including Data Protection Law) of the European Union or a member state of the European Union to do otherwise, in which case the Company shall (to the extent permitted by law) notify the Customer in advance of that legal obligation

(3) The Company shall notify the Customer immediately if, in the Company’s opinion, an instruction from the Customer breaches a requirement of Data Protection Law.

(vi) The Company shall not subcontract the processing of Personal Data to a sub processor without the prior written consent of the Customer. In the event that the Customer provides its consent, the Company shall (prior to the sub processor processing the Personal Data) enter into an agreement with the sub processor on terms that provide no less protection for the Personal Data than those set out in this clause and shall ensure that the agreement remains in force for the duration of the sub processor’s processing of Personal Data. The Company shall remain fully liable for the acts and omissions of each sub processor.

(vii) All Personal Data acquired by the Company from the Customer shall, at the Customer’s cost, be securely returned or deleted (at the option of the Customer) together with all copies in any form or in any media in the Company’s power, possession or control following the earlier of:


(1) Termination or expiry of these Terms

(2) A request from the Customer

(3) If the Company no longer needs the Personal Data in connection with the performance of its obligations under these Terms, provided always that the Company may retain copies of the Personal Data if it is required to do so under applicable law (including Data Protection Law) of the European Union or Member State law.

(viii) The Company shall implement and maintain all adequate and appropriate technical and organisational measures and controls against Security Incidents and shall protect against any anticipated threats or hazards to the security or integrity of the Personal Data, and such measures shall at a minimum meet the standard required by Data Protection Law, including (without limitation) the standard required by Article 32 of the GDPR.

(ix) The measures to be adopted under this clause

(x) Shall ensure a level of security appropriate to the harm that might result from a Security Incident and the nature of the relevant Personal Data, having regard to the state of technological development and the cost of implementing the measures.

(xi) The Company shall take reasonable steps to ensure the reliability of its representatives and personnel who have access to the Personal Data (including ensuring such representatives and personnel are subject to a contractual duty of confidence to hold the Personal Data in strict confidence to the standard required by these Terms) and shall inform them of the nature of and the need to avoid Security Incidents.


(xii) The Company shall promptly, and in any event no later than as is reasonably required in order to enable the Customer to fulfil its respective duties under Data Protection Law:


(1) Provide to the Customer the assistance contemplated by Article 28 (3)(e) Of the GDPR

(2) Provide the Company with such assistance as is contemplated by Article 28(3)(f) of the GDPR.


(xiii) The Company shall, at the Customer’s cost, provide the Customer with all information necessary to enable the Customer to verify the Company’s (and each sub processor’s) compliance with this clause 18. Without prejudice to the foregoing, the Customer shall be entitled on reasonable advance notice to the Company (such notice shall not be required in the event of a Security Incident) to inspect, test and audit, or appoint representatives to inspect, test and audit, all facilities, premises, equipment, systems, documents and electronic data relating to the processing of Personal Data by or on behalf of the Company and the Company shall cooperate and assist the Customer (and its representative) with each inspection, test and audit.


16. Debt recovery

The Company shall be entitled to recover any legal fees and costs incurred in the course of any collections efforts.


17. Delay and Force Majeure

The Company shall not be liable to the Customer or be deemed to be in breach of the contract by reason of any delay in performing, or failure to perform, any obligation of the Company under the contract it such delay or failure was due to any cause beyond the Company’s reasonable control including (but not limited to) Act of God, explosion, flood, tempest, fire, accident, war, threat of hostilities, sabotage, civil disturbance, acts and regulations of any authority, import or export regulations, industrial disputes, difficulties in obtaining transport, materials or labour, power failure or machinery breakdown.


18. Delivery

The Company shall be entitled to deliver the goods in one or more consignments unless agreed otherwise. If the goods are delivered in instalments each delivery shall constitute a separate contract.


19. Delivery

Products must be checked on delivery and any errors or omissions immediately notified to the Company. Company’s doors are packaged and loaded with care to minimize transit damage. However, due to road conditions and shipper handling procedures outside our control, there are exceptions. Small dents or dings, as well as light paint damage due to wear and tear in transit, are classified as normal and, therefore, are not an approved reason to return or refuse delivery of the door(s). We will supply touch up paint but cannot accept a return of the door.

Visible shipping damages other than those stipulated in above item need to be reported immediately. If Customer sees physical damage, please show it to the delivery person and ask permission to open and inspect the package before signing for it. If Customer notices damage to the item simply inform the driver and contact the Company at once to make a report so Company can have any necessary replacements shipped to Customer as promptly as possible. Please check the door(s) upon arrival as Company cannot be responsible for any damages or missing items once Customer has already signed for them. In the event Customer determines there is any damage other than as above or that is visible upon receipt, such damage must be reported within 2 days of signing the shipping/delivery documents. No claim will be considered that is not reported as set forth herein.


20. Delivery – packaging

Customer shall dispose of the packing materials for products at its own expense, and shall defend, indemnify and hold harmless the Company from any legal obligations in connection with such packing waste.


21. Delivery – Storage

Where the Company has been delayed/deferred delivery to the Customer location for any reason not directly caused by the Company the Customer accepts storage costs for the goods at 5% of the materials value per month or part thereof.


22. Delivery – Supply Only

Where goods are purchased on a supply only basis the Company accepts no responsibility for any additional Customer incurred costs should the delivery become delayed.


23. Delivery Access

It is the responsibility of the Customer to ensure that proper delivery instructions are given for Company deliveries to sites requiring any special arrangements as well as ensuring any access codes or manned reception is provided. Any costs incurred by the Company associated with a failed delivery will become payable by the Customer.


24. Delivery Shortages

Any shortages of materials being delivered must be notified in writing to the Company within 2 days.


25. Deposit

Unless otherwise specifically offered and agreed by the Company the deposit must be paid with cleared funds received by the Company before the Contract will commence. It is the sole responsibility of the Customer to ensure that there are no delays to a deposit being fully received by the Company to avoid any delays to the commencement of the Contract.


26. Design

Designs and drawings remain the property of the Company and are subject to design copyright laws.


27. Disputes

Any disputes to this Contract and any associated charges must be submitted to the Company in writing within 7 days.


28. Document Precedence

In the event of any contradiction between this Quotation and any drawings, this Quotation shall take precedence.


29. Floor Protection

The building of self-storage units is an industrial process and it is the Customer’s sole responsibility to make provision for the protection of the floor, should this be required.


30. Forklift

The cost of provision of forklifts, if included in this Quotation, allows for a standard forklift to unload materials from each delivery and distribute directly and evenly to each floor. Should site conditions require specialised plant or additional labour to achieve this, then there will be an additional charge to the Customer if the Company provides this plant or labour.


31. Freight

The freight value shown on this Contract assumes that the Company will control all aspects of the delivery. Should multiple delivery dates or locations be required the freight cost may increase. The freight value also assumes that all materials can be delivered on the agreed dates. Should any materials have to be stored off site after the intended delivery dates any costs incurred by the Company will be added to the Contract value and accepted as payable by the Customer.


32. Freight Sequencing

Unless specifically requested by the Customer, where possible materials will be delivered together. Where this is not possible or practical, materials will be delivered to accommodate our build sequence, and doors will be delivered with later deliveries. Any Customer requests in regard to sequencing will be chargeable if additional to the Quotation.


33. General

The purchase of products shall not include any right to supply of technical information such as drawings or specifications.

Proprietary information, including drawings, documents, technical data, reports, software, designs, inventions and other technical information supplied by Company in connection herewith, whether or not constituting a trade secret (hereinafter called "Data”), shall remain the Company’s sole property and shall be held in confidence by Customer. Data shall not be reproduced, used or disclosed to others by Customer without Company’s prior written consent. Upon completion of Order, Customer shall promptly return all Data to Company together with all copies or reprints thereof in Customer’s possession or control, and Customer shall thereafter make no future use, either directly or indirectly, of any data or any information derived therefrom without Company’s prior written consent. The foregoing shall in no way obligate Company to provide or supply Data.


34. General

Any error or omission in any document or information of the Company may be corrected without liability by the Company. No description or illustration in any literature of the Company shall form part of the contract.

While the Company will try to supply Goods in accordance with the quality of samples shown, this cannot be guaranteed and no condition or warranty to this effect shall be implied.


35. General

The Company shall sell the Goods to the Customer on these conditions, which supersede any other terms appearing in the Company’s literature (unless otherwise stated) and govern the contract to the exclusion of any of the Customer’s terms. No variation to these conditions shall be made without the written consent of both parties.


36. General

In these Conditions "the Company” is as stated above in the Company section, "the Customer” means the person, firm or company so named overleaf, and "the Goods” mean the goods and/or services the Company is to supply in accordance with these conditions.


37. General

The Company is not responsible for any representation of its employees or agents unless confirmed in writing by the Company.


38. Handballing Costs

If access to the site is impaired and materials have to be unloaded by hand, unless specifically accepted/agreed differently in writing by the Company, the Customer will be liable for any associated additional costs.

Handballing can include, but is not exclusively limited to (due to un-known site situations), any type of additional manual/mechanical conveyancing of materials required from truck/vehicle/lift/pallet/access via windows or other that would be deemed to be out of ordinary unhindered access.


39. Health & Safety

The Company’s health & safety policy is available on request. The Customer must notify the Company in writing of any specific health & safety requirements as otherwise the default Company policy will prevail. Any associated costs incurred by the Company will become payable by the Customer.


40. Insolvency of the buyer

The Customer shall, while property in the goods remains with the Company, store them on the Customers premises separately from other goods and so that they are readily identifiable as the goods of the company.


(a) This clause applies if:

(i) the Customer makes any voluntary arrangement with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt or

(being a company) a petition is presented or an order is made for its winding up, or it goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or

(ii) an encumbrancer takes possession, or a receiver, administrative receiver, liquidator or provisional liquidator is appointed, of any of the property or assets of the Customer; or

(iii) the Customer ceases, or threatens to cease, to carry on business; or

(iv) the Company reasonably apprehends that any of the events mentioned above is about to occur in relation to the Customer and notifies the Customer accordingly.

(b) If this clause applies then, without prejudice to any other right or remedy available to the Company, the whole price of all goods bought or agreed to be bought shall be immediately due and payable without demand notwithstanding any previous agreement or arrangement to the contrary and further, the Company shall have the rights set out in sub clause (i) and (iii).


41. Installation

The installation costs specified cover only the work specified and do not, unless expressly stated, include demolition/rectification of existing partitions and doors or disposal of the same.


42. Installation

The Customer is to provide at no charge to the Company’s installation personnel electricity point/points within close proximity of the work area, adequate lighting to undertake the works in a safe and efficient manner, heating/cooling where the temperatures are deemed to be too hot/cold to adequately carry out the works in a safe manner.


The Customer will, where required/appropriate, provide or pay the Company to provide, sanitary ablutions, wash and change area including hot and cold running water, basic kitchen/lunch room amenities including kettle, microwave oven, rubbish bin, tables and chairs of quantity to support fully the maximum number of persons on site at any one time. This obligation may not be identified prior to agreeing to a contract and scope of works depending on site circumstances, but remain the Customer’s responsibility unless agreed in writing otherwise by the Company.


43. Installation

The installation costs specified are based upon free and unhindered access to the site by our installers including but not limited to a secure materials lay down area, ease of truck/container unloading using conventional materials handling equipment, continuity of work on site with any delays to progress caused by incomplete sub structures, services, other trades and the like which result in a delay to our work progress to be charged at a day rate/person (TBA) which will include any additional travel, meals and accommodation. Any such delay will be added to any agreed or defined construction programme in order to meet the total number of person days required to complete the works.


44. Installation

Installers site working hours will generally be longer than 8 hours and may involve weekend access to the site to continue with the construction programme, the Customer is to provide at no charge to the Company any personnel he may want to be onsite during this time.


45. Invoicing

Any invoice queries or inaccuracies must be in writing and received by the Company’s credit control department within 7 days of the date of invoice.

– Unless otherwise specifically offered and agreed by the Company, invoices for jobs with less than three (3) weeks installation will be raised in this sequence: Deposit and final Contract value. Variations will be invoiced as soon as practical after being commissioned by the Customer.


– Unless otherwise specifically offered and agreed by the Company, invoices for jobs with over three (3) weeks installation will be raised in this sequence: Deposit, job progression instalments and final Contract value. Variations will be invoiced as soon as practical after being commissioned by the Customer.


46. Late Payment of Invoices

Payments not made within the agreed terms will attract daily interest charges of 10% or the local rate if determined by statute within any given region and/or suspension/termination of work.


47. Liability

Save as expressly agreed in writing by the Company and except where the goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

Except in respect of death or personal injury caused by the Company’s negligence, the Company shall not be liable to the Customer by reason of any representation, implied warranty, condition or term, or any duty at common law, under the contract for any consequential loss or damage (including loss of profit, and whether caused by the negligence of the Company or otherwise), arising out of the supply of the goods or their use or resale, except as expressly agreed in writing by the Company. The statutory rights of consumers are not affected.

Except when these conditions expressly provide otherwise, the entire liability of the Company under the contract shall not exceed the price of the goods.


48. Liability

The Company may at its sole discretion guarantee the quality of the goods as regards workmanship and materials in accordance with the policy of the Company from time to time.


49. Liquidated Damages

Where specifically accepted by the Company in writing that liquidated damages may apply, damages under the Contract shall be set at 0.1% of Contract value per working day, limited to a maximum of 5% of Contract value. For damages to be claimed under this clause, then a Contract completion date must be agreed in writing prior to commencement of the works on site. Where the Company notifies the Customer of delays caused by other parties impacting on the Contract completion date, then the Contract completion date shall be revised by the duration of delays notified, and damages shall not commence until after the revised completion date.


50. Movable Additional Storage Structures – location disclaimer

MASS units sited at customer locations are at the sole responsibility of the customer and the Company accepts no liability for appropriateness of location nor subsequent damage for weathering etc.


51. Mezzanine Boards

Unless specified differently in the Quotation P6 type boards (or equivalent) will be supplied, where appropriate, with any mezzanine ordered.


52. Notice of Deferral

Customer delays to project commencement must be notified to the Company in writing and may incur additional costs payable by the Customer.


53. Notices

All notices must be in writing. All notices must be given to the other party either by hand or by correctly addressed mail sent to the address stated in the Contract Details, or by email to the nominated email address stated in the Contract Details.


54. Ownership and Risk

The goods shall remain the property of the Company as legal and equitable owner and shall pass to the Customer until their full price has been duly paid to and received by the Company together with all other sums whatsoever which are or may become due from the Customer.


55. Ownership and Risk

If any payments are wholly or partly overdue the Company may (without prejudice to its other rights) recover or resell the Goods or any part of them and they may enter the Customer’s premises (or any premises where the Goods are stored) for that purpose.


56. Ownership and Risk

If the contract between the Customer and the Company is terminated for whatever reason the full price of any Goods which have been delivered but not paid for shall become immediately due and payable despite any previous agreement or arrangement to the contrary.


57. Ownership and Risk

Notwithstanding the fact that property in the Goods may not have passed to the Customer, the Customer shall be entitled to sell such Goods as principal and not as agent for the Company in the ordinary course of business and on such sale title shall pass to the Customer and the benefit of the contract for sale and the proceeds of such sale shall belong to the Company legally and beneficially until full payment has been received by the Company for such Goods.


58. Ownership and Risk

The Customer shall, while property in the Goods remains with the Company, store them on the Customer’s premises separately from any other goods so that they are readily identifiable as the goods of the Company.


59. Patents & Products

Patents, Products, designs and trademarks associated with the Company are all protected under relevant legislation and any unauthorised copying will be legally pursued.


60. Power

This Quotation assumes that all power requirements of our fixers will be supplied by the Customer. Should the Company have to supply any equipment to supply power to the work area this will incur an additional charge.


61. Practical Date of Completion

The date of practical completion shall be the date that the Company deems to have concluded all contracted works.


62. Precedence

Where this Contract conflicts with any other provisions of the Contract Documents, the terms of this Contract will prevail.


63. Prevailing Law

The Contract between Customer and the Company , and any dispute or claim arising out of or in connection with it or its subject matter unless where otherwise specified, shall be governed by and construed in accordance with the law of England and Wales. Customer irrevocably agree that the courts of England and Wales or other if specified shall have non-exclusive jurisdiction to settle any dispute or claim that arises out of, or in connection with, the Contract or its subject matter.


64. Prices

The Customer shall pay the price for the Goods by the date specified in writing by the Company. If the Customer fails to pay on the due date, then without prejudice to any of the Company’s other rights or remedies, the whole price of all Goods bought or agreed to be bought by the Customer shall be due and payable without demand and the Company shall (without prejudice to any other remedy available) be entitled to:


(i) cancel the contract or suspend/withdraw labour on it, in this event a re-mobilisation charge maybe applied to recover the costs to the Company;


(ii) charge the Customer interest (accruing daily), before and after judgement at the rate of 8% APR above the base of the Bank of England for the time being in force;


(iii) treat such failure as repudiation of the Contract and recover damages for such failure.


65. Prices

Payment shall be made without deduction or set-off. The Company expressly does not accept retention, liquidated damages, third party discounts or back charges unless agreed to in writing prior to the commencement of any Contract.


66. Prices

Payment terms are as listed on the proposal/contract and must be strictly adhered to, failure to make payments as per these schedules will delay the Contract until payment has been made. Payment is when any amounts paid are received into the Company’s nominated bank account and not when they have been sent by the Customer.


67. Project Schedule

The Company will supply sufficient labour to construct the project within the agreed schedule. It is a requirement that our fixers have clear, continuous and unhindered access to the work areas in order to meet this schedule. Any delays caused by other parties will incur additional charges including stand-down time, de-mobilisation and re-mobilisation costs. Similarly, any delays to the schedule will release the Company from any time-based Customer Damages under the Contract.


68. Project Timescale

The Company accepts no liability or contractual concessions for any extensions to project completion dates.


69. Quotation Prices

Prices are nominated to be ex VAT, duties, customs levies and ALL other relevant charges which are the liability of the Customer, unless otherwise specifically agreed in writing. The Company reserves the right to increase the price of the Goods to reflect any increase in cost (including materials and labour) to the Company.


70. Quotation

Is an offer by the Company to the named Customer (only) and if accepted by the Customer will form the Contract.


71. Quotations Validity

This Quotation is valid for 30 days from the date of Quotation. The Company reserves the right to review pricing and re-quote beyond this date if there are other events that transpire that could materially affect the price offered.


72. Risk Assessments & Method Statements

The Company provides all relevant paperwork to the Customer on or before commencement of the project.


73. Severability

If a provision of the Contract is invalid, illegal or unenforceable, then to the extent of the invalidity, illegality or unenforceability, that provision must be ignored in the interpretation of this Contract. All other provisions of the Contract remain in full force and effect.


74. Shortages

The Customer shall inspect the Goods immediately upon delivery and shall within 2 working days of such delivery give notice in writing to the Company if it is alleged that the Goods are not in accordance with the Contract. Any claim made outside 2 days will not be accepted.


75. Site Cleaning

The Company is only responsible for clearing up after its own installation team and only for the Company’s finished product (please refer to Skips).


76. Site Readiness

The Customer is responsible for making the site ready for the Company to access, survey (as required), deliver and perform commissioned services as well as notifying the Company if the site is deemed not ready. The Customer accepts that any additional charges in relation to failed deliveries, accessibility, labour or any other delay will be at their cost.


77. Site Security

Is the responsibility of the Customer, who is also responsible for insuring all Company-delivered materials. The Company may charge for materials which are removed from the Customer’s site without the Company’s authorisation and prior approval.


78. Skips

This Contract assumes that there will be adequate skips provided for our fixers to clear all rubbish from the site. Should the Company have to supply skips there will be an additional charge.


79. Snagging List

The Company shall be granted proper access to affect any relevant remedial works and if any other party is contracted to undertake any works that form part of this Contract they shall be at the sole risk and responsibility of the Customer with no recourse to the Company.


80. Snagging List

The Company accepts no responsibility for snagging that is identified after 5 working days of the completion of the project as it cannot be accountable for damage that may be caused subsequentially and not in relation to the original installation scope of works.


81. Specification

Any details not itemised in the specification or Contract is deemed to be out of the scope of the job and are the Customer’s responsibility.


82. Specification and Accuracy

Additional costs for alterations made for inaccuracies or changes made are the responsibility of the Customer.

The Company reserves the right to change the specification at it’s sole discretion or to satisfy statutory regulations.


83. Specifications, Proposals, Quotations and Orders

The Company reserves the right to change the specification of the Goods at its sole discretion.


84. Specifications, Proposals, Quotations and Orders

Where buildings/structures are not complete or actual accurate measurements cannot be taken on site, the sizes and costs of Goods given are estimated and could be subject to revision when accurate measurements are made available.


85. Specifications, Proposals, Quotations and Orders

Proposals/Quotations are not offers and can be withdrawn or revised at any time before acceptance of an order by the Company. Once accepted by the Company an order cannot be cancelled by the Customer except with the prior written agreement of the Company and on condition that the Customer indemnifies the Company in full against all loss (including loss of profit) and expenses incurred by the Company as a result of cancellation.


86. Standard Payment Terms

Are 14 days from the date of the invoice, unless superseded by individual contract arrangements.


87. Storage Costs

If the Customer fails to take delivery or fails to give the Company adequate delivery instructions the Company may, without affecting any of its other rights and remedies, charge the Customer the cost of storage of the Goods.


88. Supply Only

Any Quotation for the supply only of materials will be ex-works and will be collected at the sole responsibility and cost of the Customer unless specifically requested whereby the Company can organise transport to form part of the Contract. Any costs incurred for late/delayed collections are the responsibility of the customer.


89. Suspension of Works

If for any reason work is suspended, postponed or terminated for any reason other than a Company decision, any associated costs are the liability of the Customer.


90. Tall System Surcharge

For tall system heights the Customer will be liable for any associated additional costs for freight/delivery to site.


91. Terms and Conditions

All current Terms and Conditions listed here are relevant for all Contracts and are subject to change without notice.


92. Third Party Discounts

In the event that this Contract is given to a main contractor or other party acting on behalf of another person, the values do not allow for any discounts. Any parties looking to pass this Contract to another person will not be entitled to a discount or commission within these values.


93. Third Party Financing

If the Customer engages a third party to finance the project the Contract must be countersigned by an appropriate and authorised representative of this third party. If any other company other than the Customer is to be invoiced, their commercial details must be provided.


94. Tolerances

The materials supplied and used by the Company are subject to the generally accepted tolerances for the UK according to relevant building institutes. Manufactured products that include those produced by us or sourced by us will be will be acceptable to a tolerance level of 5mm.

The occurrence of colour differences is often unavoidable for technical reasons. A colour tolerance nominally acceptable on paper can give rise to a distinctly appreciable colour deviation, where human visual perception of colour differs. By colour deviation we understand the magnitude of a perceptible difference between two colour tones.

Since coatings are industrial products, which are subject to inherent deviations owing to their industrially-manufactured raw materials and their preparation processes. The colour tolerances for coated parts arise from a combination of tolerances and those of the application process.

In particular the following parameters, which lie outside the control of the coating supplier, can have a large influence on the colour of the coated parts, e.g.:


– Differences in film thickness (because of irregular coating)

– Cure temperature of the parts and duration in the oven (e.g. in plant stoppages, breaks, plant start-up, alteration of plant parameters such as line speeds etc.)

– Marked differences in the coated parts especially in terms of substrate material, wall thickness, geometry etc.


95. Transfer of Title

Notwithstanding delivery and the passing of risk, property is and title to the goods shall remain with the Company until the Company has received payment of the full price of (a) all goods and/or services that are the subject of the Contract and (b) all other goods and/or services supplied by the Company to the Customer under any Contract whatsoever. Payment of the full price shall include, without limitation, the amount of any interest or other sum payable under the terms of this and all other Contracts between the Company and the Customer.


96. Variations

Variation instructions issued by the Customer, or Customer’s representative, will be administered by the Company as a chargeable variation to the Contract and any associated costs will be notified and invoiced to the Customer as soon as practical. If the Customer makes a verbal request for a variation the Company will expect the Customer to provide a signed Confirmation of that Verbal Instruction (CVI) in order to undertake the additional works.


97. VAT exemption – Non-UK

Customer companies who are unable to provide the Company with a validated VAT number will be charged the appropriate VAT.


98. VAT/GST/Duties

All prices shown within this Quotation are exclusive of VAT/GST and duties. Any and all charges relating to VAT/GST, duties or equivalent will be charged extra to the amounts shown.


99. Warranty

Company manufactured or produced partitioning and door materials are guaranteed for 20 years.

The Company warrants that the all supplied products that have been manufactured by The Company will be free from defects in materials for a period of 20 years from the production date.

If the product proves defective during this warranty period, The Company, at its option, will either repair the defective product without charge for parts and labour, or will provide a replacement in exchange for the defective product. Replacement products used by The Company for warranty work may be new or reconditioned but will perform as new.

In order to obtain service under this warranty, the Customer must notify The Company of the defect before the expiration of the warranty period and make suitable arrangements for the performance of service.

This warranty shall not apply to any defect, failure or damage caused by improper use or improper or inadequate maintenance and care. The Company shall not be obligated to activate service under this warranty a) to repair damage resulting from attempts by personnel other than The Company or approved representatives; b) to repair damage resulting from improper use c) to repair a product that has been modified or integrated with other products.

The Company’s responsibility to repair or replace defective products is the sole and exclusive remedy provided to the customer for breach of this warranty. The Company will not be liable for any indirect, special, incidental, or consequential damages irrespective of whether The Company has advance notice of the possibility of such damages.

Installation workmanship is guaranteed for 1 year from the practical date of completion.


The Company warrants that all installation workmanship is guaranteed for a period of 1 year from the practical date of completion.

In order to obtain service under this warranty, the Customer must notify The Company of the defect before the expiration of the warranty period and make suitable arrangements for the performance of service.

This warranty shall not apply to any defect, failure or damage caused by improper use or improper or inadequate maintenance and care. The Company shall not be obligated to activate service under this warranty a) to repair damage resulting from attempts by personnel other than The Company or approved representatives; b) to repair damage resulting from improper use c) to repair a product that has been modified or integrated with other products.

The Company’s responsibility to repair or replace defective products is the sole and exclusive remedy provided to the customer for breach of this warranty. The Company will not be liable for any indirect, special, incidental, or consequential damages irrespective of whether The Company has advance notice of the possibility of such damages.


100. Warranty

The Company warrants that Products manufactured by the Company, shall be free from defects in material/workmanship. The Company’s obligations under this warranty shall be limited exclusively to repairing or replacing, at the Company’s option, any part of Products which, if properly installed, used and maintained, proved to have been defective in material or workmanship within 1 year from the commencement date of shipment or installation whichever comes first. The Company warrants that services shall be performed in accordance with generally accepted industry practice.

The Company’s warranty obligations shall not apply to Products which (1) have been altered or repaired by someone other than the Company, or (2) have been subjected to misuse, neglect, or improper use or application, or (3) are normally consumed in operation, or (4) have a normal life inherently shorter than the warranty period stated therein. To the extent of any conflict between the summary of Warranty provisions set forth herein and the full Warranty as shown above (point 99).


101. Welfare Facilities

The Customer agrees to provide all necessary welfare facilities at their cost with no offset to this Contract value. These facilities are to include toilets, canteen, washroom and first aid.