Terms & Conditions of Sale
The following words have the following meanings:
“Goods” mean any goods, parts, equipment or materials supplied or installed by Doors Direct.
“Services” mean any services or repairs carried out by Doors Direct for the Customer.
1. ORDERS
(a) The Customer agrees to the terms and conditions contained in this document upon the Customer signing this form and returning it to Doors Direct, or upon the Customer placing an order for Goods or Services, whether or not a deposit has been paid.
(b)The Goods and Services do not have to be supplied to the Customer unless the Customer accepts Doors Direct quotation and places an order with Doors Direct.
(c) Quotations are valid for 30 days only and are conditional on the Customer supplying correct details and Doors Direct inspecting the site and confirming measurements and fittings. Quotations are also subject to availability of products.
(d) Unless previously agreed, the Customer may only cancel an order if Doors Direct is indemnified against any loss caused by such cancellation.
2. RETENTION OF PROPERTY:
(a) Title in any Goods will not pass to the Customer until Doors Direct has received full payment for the Goods, and until all payments have been cleared. Until such time,Doors Direct has theright to call for, or recover the Goods, andfor this purpose, Doors Direct, its employeesor its agents may, without notice, enter the Customer’s premises orother place where the Goods maybe stored. The Customer, when requested to do so, must deliver the Goods to Doors Direct,who shall not be held liable for any cost or damage caused by suchrecovery.
(b) The Customer may sell and deliver the Goods in the normal course of the Customer’s business, provided theCustomer keeps records of the sale of same, and the Customer mustaccount to Doors Directfor any sale of the Goods if the Goods have not been paid for by the Customer.
(c) If Doors Direct has not received full payment for the Goods theCustomer must store theGoods in such a manner that clearly shows the Goodsbelong to Doors Direct and the Customerwill hold the Goods and any proceeds from the sale of the Goods in a fiduciary capacityon behalf of Doors Direct.
(d) If any payment for the Goods isoverdue in whole or part, Doors Directmay (without prejudice to any of its rights) recover or sell the Goods, or, on demand, require the Customer to pay interest at the rate of 5% for each 7 days overdue from the due date up to and including the actual date payment is received in full.
(e) Doors Direct reserves the right to withhold further delivery or Services, recover any Goods and to withdraw any credit arrangement, should full payment not be forthcoming for any reason.
(f) The Customer agrees that by signing this form or by placing an order for Goods, it consents to granting a security interest (as defined in the Personal Property Securities Act 2009) in favour of Doors Direct in respect of all the Customer’s present and future personal property and proceeds, and/or, the Goods themselves, as collateral for any amounts payable by the Customer to Doors Direct. The Customer consents to Doors Direct registering an interest on the Personal Property Securities Register to protect its security interest and agrees to do all things necessary to enable Doors Direct to register such an interest. The Customer waives its right to receive notification of the registration.
3. TRADING TERMS:
(a) The Customer must make payment upon completion of the job, unless otherwise agreed in writing by Doors Direct.
(b) No retentions are permitted unless previously agreed to in writing by Doors Direct.
4. REPLACEMENT PARTS
If any Goods are replaced, these will be standard manufacturer’s parts of equivalent standard, and the parts replaced will remain the property of Doors Direct until full payment for any outstanding order is received from the Customer.
5. DELIVERY:
(a) Every care is used in the handling of the Goods. Unless otherwise agreed to, Doors Direct takes no responsibility forloss or damage in transit, or any loss of profit or revenue, or any consequential loss, either directly orindirectly.
(b) Doors Directhas the right to touch-uppaint to minor scratches or damage caused in transit or installation of Goods.
(c) If for any reason the Customer does not take delivery of the Goods when ready, Doors Direct will be entitled to charge storage fees at a reasonablerate.
(d) The Goods will be at the sole risk ofthe Customer upon and after delivery to the Customer.
6. WARRANTY:
Doors Directoffers a 12 month warranty on allnew door and motor installations on new goods only supplied by Doors Direct under normal usage andproper operation as instructed or advised byDoors Direct, subject to the exclusions in clause 7.
7. EXCLUSIONS TO WARRANTY:
The following are excluded from the warranty offered under clause 6:
(a) Labour and travelling time incurred during break down service outsidenormal business hours - any such charges shall be at the Customer’sexpense.
(b) Any paint, painting or powder coating of the Goods.
(c) All electrical including any cost incurred by the provision of anyelectrical subcontractor by either party, apart by those covered byDoors Direct normal installation warranty, and manufacturer’s warranty, or as required by law.
(d) Any maintenance required as a result of the Customer refusingto follow the advice and instructions of Doors Direct regarding the proper use and design of the Goods.
(e) Any maintenance as a result of the relocation of any of the Goods, unless Doors Direct has beenduly notified and has carried out such relocation, including modificationsand repairs necessary at the Customer’s expense.
(f) Any maintenance required as a result of the Customer refusing tofollow the recommendation of Doors Directto carry out any major repair or modification deemed necessary orappropriate by them.
(g) Any maintenance required as a result of neglect, misuse, abuse,accidental or malicious damage, or inappropriate operation of the Goods by the Customer, its agents, employees, or any otherperson who is not an employee or representative of Doors Direct.
(h) Any maintenance required as a result of strikes, fire, flood, theft,accidental or malicious damage, or any other circumstances beyondthe control of Doors Direct, apart from thatoccurring through wear and tear in the normal use and proper operationand equipment.
(i) Any maintenance required as a result of the installation or repair byany party other than Doors Direct, of anygoods, parts, equipment, or materials not supplied and/or installed byDoors Direct.
(j) Warranty does not cover secondhand, used second grade ordamaged goods or equipment supplied in that condition at the Customer’s request.
8. ACCESS:
The customer must allow Doors Directand its representativesfree and uninterrupted access to the job site to provide the Goods and Services within24 hours of notification of required access by either party.
9. LIMITATIONS
(a) Doors Direct shall not be held responsiblefor any claims, loss of profit or revenue, or any other costs or damage to the Goodsresulting from stoppages, strikes, breakdowns,or delays in repairs or supply of parts or equipment, risks inherent inrepair work, or down time of equipment for any reason.
(b) Warranty claims will be restricted to the repair or replacement offaulty equipment or workmanship only.
(c) Nothing in these terms imposes any obligation on Doors Direct to supply Goods or Services to any person or business on credit or otherwise.
(d) Doors Direct retains the right to cancel allcontracts or agreements if the Customer is in breach of these terms andconditions for any reason.
10. VARIATIONS:
These terms and conditions of sale shall override all others, includingany which may appear on the customer’s order or any other document,unless agreed to in writing by both parties.
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