Conditions of Sale
- In these conditions the expressions “the Sellers” means Bespoke Gates and Garage Doors Ltd or their successors or assigns whilst the expression “the Customer” means the party with whom the Contract to which these conditions apply is made, its successors or assigns.
- All contracts made between the Sellers and the Customer shall incorporate these conditions and insofar as the same may vary from and/or be inconsistent with those of the customer these conditions shall prevail unless expressly varied in writing by the Sellers.
- The Sellers warrant that they will use reasonable care and skill in the manufacture of their products and in the erection of fixing thereof in accordance with the Customer’s specification or Order and will rectify any fault due to defective workmanship or materials where such fault is notified to them and proved within 28 days of the delivery thereof or in the case of erection or fixing then within 2 months from completion thereof provided that the Sellers refuse the right at their absolute discretion to repair or replace any defective material which in the Sellers opinion, which shall be accepted by and binding upon the Customer, in the need of such repair, or replacement. The Sellers can not be held responsible for any problems resulting from untreated timber. Subject to the foregoing provisions of this clause all express or implied warranties and conditions whether statutory or otherwise are hereby excluded and save as aforesaid no representations, whether express or implied are made or given as to the quality of the Seller’s materials nor of their fitness for the purpose for which they are or may be intended. In the case of a contract made between the Sellers and a person dealing as a consumer, being a person who does not buy or hold himself out as buying goods from the Sellers in the course of a business, the consumer’s statutory rights are not affected by this clause.
- The Seller’s quotation will be guaranteed for 28 days. The Customer should accept the quotation within 28 days. The Sellers reserve their right to increase the contract price between the date of such contract and the date of completion thereof in the event of any increase in the cost of labour, materials, transport or any other item cost or expense to the Sellers but only to the extent of such increase.
- Time for the performance of the contract is hereby expressly deemed not to be of the essence nor shall the Sellers be liable for any loss or damage, direct, consequential or otherwise and howsoever the same shall be caused notwithstanding that the Sellers will, without giving any warranty or promise, use their best endeavours to adhere to any date or dates in the Contract for the competition, whether in stages or in whole, of the works to be performed under the Contract.
- The Sellers reserve the right, in their absolute discretion, to sub-contract to other contractors of their choice, the whole or any part of the manufacture of materials and/or erection or fixing processes under the contract but shall not hereby be relieved of any of the terms of these Conditions.
- Payments:
i) Non Account Customers will pay a deposit of 50% of the total price of the goods, as previously quoted by the Sellers before manufacture commences. The customer on completion of the finished goods will pay the remainder of the balance. .
ii) Payment terms for Credit Account Customers shall be 28 days from date of invoice. III) Late payment will incur a late payment charge per invoice per month of between £40 - £100
- Risk in all materials supplied to the Customer under the Contract shall pass to the Customer immediately upon delivery thereof to the address nominated by the Customer and in the case of loss or of damage to all or any part of the said materials whilst title there to remains with the Sellers, pursuant to clause hereof, the Customer shall pay to the Sellers on demand a sum equivalent to the cost of such loss and/or damage to be ascertained by reference to the Contract price.
- i) Title to all materials supplied or to be supplied under the Contract shall remain with the Sellers, who reserve the right to retain or dispose thereof until the Customer has made payment for such materials in full to the Sellers in accordance with clause 7 of these conditions. If such payment is overdue, whether in whole or in part, the Sellers may (without prejudice to their other rights or remedies) recover or resell the materials and may enter upon the Customer’s premises for that purpose without notice at any time of the day or night, which said purpose shall include the right to dismantle as well as to remove any materials already erected or fixed on the Customers premises, whether or not the same shall be in a complete or partial state of erection or fixing, without, in any case, the Sellers being liable for any loss, damage or expense to the Customer and/or to the Customer’s premises occasioned thereby.
ii) Payment in full as aforesaid shall become immediately due upon the commencement, whether by the Sellers or otherwise, of any proceedings involving the Customers insolvency and the provisions of this sub clause shall override anything in Clause 7 hereof to the contrary.
- Any statements, representations, warranties or promises not appearing in these conditions shall not form part of the Contract nor shall any brochures, price lists or other literature issued by the Seller.
- Prices quoted which include fitting are based upon the further conditions:
i) In the event of any variation from the Customer’s specification or Order the Customer will pay all costs arising from increases, reductions or alteration in quantity, quality, layout or otherwise of the materials specified and/or ordered by him once the Seller has commenced manufacture and/or purchase of all or any part of the said materials.
ii) The Sellers reserve the right to increase the Contract price having regard to any additional work involved if the site is not suitable for the work involved. The site should be clear of obstructions and in a workable condition.
- The Sellers reserve the right at their absolute discretion to vary, alter or amend all or any of the foregoing Conditions in which event they will give 7 days advance notice to the Customer on their intention to do so but the Customer shall not raise any objection hereto.
As much care as possible is taken to match component colour from batches of timber. It should be recognised that timber is a natural product and therefore your order may vary in colour from dark to light and be subject to cracks, splits, warping or twisting. This is a natural phenomenon. Movement does not normally affect the stability or life expectancy of the product.
The Seller recommends that the customer immediately, with a good quality stain, treat any untreated timber. Exposure to water or damp may stain or discolour the product
All gates will be badged, if the purchaser wishes to have the gate de-badged please state at time of order.