1.1 Orders to be submitted on the company “order form”, unless otherwise agreed, by prior arrangement.
1.2 Orders, unless otherwise stated and agreed with customers, shall be, determined by the appropriate provisions of the Sale and Supply of Goods Act 1994, Supply of Goods (Implied terms)1973 and such other legislation as shall from time to time be in force, including the statutory rights of the customer under such legislation.
2.0 Delivery: Despatch or delivery named by the company is given and intended as an estimate only, and is not to be the essence of a contract. The customer shall nevertheless be bound to accept goods ordered whether available on or after any date stated. The company shall not be liable in anyway in respect of late despatch or delivery howsoever caused, nor shall such failure to despatch or deliver be deemed to be a breach of a contract.
2.1 Where agreed between customer and the company, delivery times may vary, subject to meeting any special customer specification(s), design or materials and where the customer provides adequate notice to enable the company to despatch within the agreed period.
2.2 Goods to be shipped by the company’s transport to the customer’s location may incur a delivery charge.
2.3 The customer may collect goods from the company’s location by prior arrangement.
2.4 Should unforeseen circumstances arise, the company reserves the right to use other means and methods of delivery to customers.
3.0 Non-Delivery: Claims for non delivery, or liability (section 2.3/2.4 above) will not be incurred by the company unless due notice is received by the company within 7 days of the corresponding invoice date.
4.0 Pricing: Unless otherwise stated, orders are accepted on the condition that goods will be invoiced at the price prevailing at the date of despatch.
4.1 The company reserves the right to alter pricing without prior notice to cover variation(s) in cost of
materials and labour, or through the customer’s change of design, specification or material change.
4.2 Pricing will be in Sterling and include VAT at the prevailing rate, where appropriate.
4.3 Agreed “firm” price quotations will remain in force for the stated period.
4.4 If price variation(s) occur during a part completed order, the price of the un-despatched portion of the
order outstanding at the date of such variation in price, shall be adjusted accordingly.
4.5 The company will endeavour to notify price variation(s) to customers in a timely manner.
5.0 Payment: Unless otherwise agreed by the company or stated in the order acknowledgment, 50% of the total amount shall become due for payment by the customer upon order. The following 50% prior to delivery.
5.1 The company reserves the right at any time to demand full or partial payment before proceeding with any customer order.
5.2 If customer defaults in payment, the company may, in addition to exercising the right in condition 5.1, delay delivery or cancel the customer order(s).
5.3 The interest charge on any overdue payment will be charged at the rate of 8% per calendar year.
5.4 Until the company has received payment in full from the customer, for goods, including any arrears and interest charges due, the title of the goods and ownership thereof remains with the company.
5.5 The company may, at its discretion, make instalment deliveries, where each delivery shall constitute a separate order for the purpose of payment.
5.6 In the event that the customer re sells the goods supplied by the company prior to the passing of the property therein to the customer, such re-sale shall be effected by the customer as bailee for the company and the proceeds of any such re-sale shall be received or receivable by the customer for and on behalf of the company unless all debts owing to the company by the customer in respect of goods supplied by the company have been paid.
6.0 Defective/Damaged Goods: Claims against the company for goods represented by the customer to be defective/damaged, from whatsoever cause, will not be entertained, and the company shall incur no liability in respect thereof unless written notification within 7 days after the date of despatch and the defective/damaged goods returned to the company within the said period.
6.1 The company reserves the right to inspect goods, in the event of the customer making a claim against the company, for any reason whatsoever. The goods in respect of any such claim to be preserved intact where delivered for a period of 28 days from the notification of a claim, within which time the company shall have the right to attend and investigate the complaint. No claim by the customer will be accepted unless this condition is strictly complied with.
7.0 Limit of Liability: In the event of any claim against the company in respect of any matter whatsoever, Klosen UK Terms and conditions of supply only sale. the company’s liability (if any) shall be limited to the replacement of the goods sold in respect of which the liability arises, if required and practicable, or the customer shall be given a credit for the invoiced value of the order.
7.1 Under no circumstances whatsoever shall the company be liable for any consequential loss or damage, any personal injury or loss of any property, other than stated herein howsoever and whatsoever arising.
7.2 Goods supplied by the company shall be at the customers risk immediately on delivery to the customer or into custody on the customers behalf (whichever occurs first).
8.0 Design Changes: The company reserves the right to effect changes of a technical, material or legislative nature, without prior notice.
9.0 Customer Specifications: The customer shall indemnify the company against any and all liability arising through execution by the company of any order placed by the customer in accordance with the customer’s specifications where such execution infringes any patent, trademark or registered design not owned by the customer or company.
10. The company shall not be responsible for the cost of installation of any part being replaced, or any associated costs howsoever caused
10.1 Klosen does not accept responsibility for faults due to accidental damage, faults due to misuse, faults due to poor installation or glass breakages
10.2 Such repairs or replacements will be carried out following a satisfactory site inspection and report by the company
10.3 The warranty is only valid if the products are installed in accordance with the company’s installation instructions
10.4 Attachments of additional accessories will negate the warranty unless approved in writing by the company
10.5 The warranty is offered by the company exclusively to the customer invoiced for the products and is not transferable unless agreed in writing by the company. The company may request that a copy of the invoice is produced before any remedial work is undertaken
10.6 Written notice of any complaint is required immediately upon discovery and the company shall not be responsible for any deterioration caused by the delay in reporting
10.7 This warranty is only valid providing full payment has been received by the company in accordance with the payment terms indicated on the invoice
11.0 Credit Policy: Established customers may apply for credit terms, subject to credit checks being made, and a satisfactory record of past payments to the company for goods supplied.
12.0 Amendments: No amendment, alteration or representation of these Terms, Conditions and Warranties or of the products shall be binding upon the company unless confirmed in writing by the company.