The Customers attention is particularly drawn to clauses 12.3, 27.12 and 27.13
1.1 “The Company” means “Duplus Architectural Systems Limited at 370 Melton Road, Leicester. LE4 7SL”
1.2 “Customer” means the party placing the Order.
1.3 “Order” means the Order for the Goods as accepted by the Company.
1.4 “Order acknowledgement” means the confirmation of Order form provided to the Customer from the Company.
1.5 “Goods” means the Goods that are subject to the Contract, details of which are set out in the Order Acknowledgement.
1.6 “Contract” means these Conditions together with the Order Acknowledgement and any other terms agreed in writing signed by a duly authorised representative of the Company.
1.7 “Conditions” means these terms and conditions of sale.
1.8 “Duplus’s standard working hours” are 7.30am – 4.00pm Monday to Thursday & 7.30am – 1.00pm Friday.
1.9 “Stock product” means a pre-manufactured and completed Goods that are stored at the Company.
1.10 “Bespoke product” means Goods that are made to the Customer’s specifications or are personalised.
2. Customer’s Conditions
2.1 These Conditions shall have precedence over any conditions appearing on the Customer’s Order form or any other documents emanating from the Customer or his agent. Any such Customer’s conditions shall have no affect whatever unless expressly accepted in writing by the Company.
2.2 These Conditions apply unless prohibited in whole or in part under any statute or regulations applying at the time of the formation of the Contract between the Company and the Customer.
2.3 These Conditions shall be deemed to be incorporated in all documents emanating from the Company or its agents unless expressly varied in writing.
2.4 The Customer should read the Conditions carefully before entering into any Contract with the Company.
3.1 The price charged will be the price for the services and/or Goods at the time of placing an Order and subsequently confirmed in our Order Acknowledgement.
3.2 The Price will be subject to the appropriate rate of Value Added Tax and any other Government duty or tax which is applicable at that date.
3.3 All delivery arrangements will be defined on our Order Acknowledgement, but should more than one delivery for the Goods be requested by the Customer, this will incur an additional delivery charge for each of the Customer’s additional consignments.
3.4 Prices quoted are valid for acceptance within a period of ten weeks from the date of quotation, and supply within twelve weeks of the date of acceptance.
4.1 Full payment required at the time of order. Deposit payments will be at the decretion of Duplus. Payment is required, in full, before any Goods are despatched. In the event of the Company agreeing to supply Goods on credit, payment is to be made in full without deduction no later than thirty days from the day of delivery, unless this condition has been expressly varied in writing by the Company. In all cases the Customer shall make payment within the agreed time.
4.2 In the event of the Customer’s default in paying any sum as it falls due, or committing any breach of any of its obligations to the Company; the Company shall be entitled, without notice to the Customer, to suspend all further deliveries until the default be made good or determine any Contract then subsisting so far as further Goods remain to be delivered, but without prejudice to any claim or right that the Company might otherwise make or exercise.
4.3 Any sum as it falls due shall carry interest at the Statutory Interest Rate on a daily basis until payment is received by the Company.
4.4 Any complaint relating to an invoice or item contained in an invoice must be notified by the Customer to the Company in writing within seven days from date of invoice.
5.1 The Company will use all reasonable endeavours to meet all estimated times or dates for delivery. However, time for delivery shall not be a term of or of the essence of any Contract and the Company shall therefore not be liable for any loss or damage caused or occasioned by late delivery.
6.1 Please note that we reserve the right to charge a storage fee of £100 per full week in the following circumstances:- a) Where delivery bookings have not been made: the storage costs shall arise 3 weeks after the original due date of the Goods or first booking attempt by customer services (whichever is the later); or b) Where delivery bookings have been made: if the Customer is unavailable to take delivery of the Goods after agreeing delivery dates with customer services the storage costs shall arise and re-delivery charges may also apply.
7.1 Delivery dates are estimated and are not guaranteed but we will do our utmost to ensure Goods are delivered by the stated date or within a reasonable period thereafter.
7.2 We shall not be liable for delays or failure in delivery because we cannot gain access to the delivery address on the agreed delivery date or because of other circumstances beyond our reasonable control.
7.3 Delivery shall take place either at the time of collection by the Customer or his agent of the Goods from the Company’s premises, or if the Goods are delivered to the Customer, at the moment of the unloading of the Goods at the Customer’s premises.
8. Damaged Goods. Mis-delivery. Non-delivery. Customer unwilling to accept goods.
8.1 When any consignment of Goods is delivered and (i) the whole or part of any such consignment is damaged, or (ii) the whole or part of any such consignment is made up of the wrong quantity or wrong type of Goods, the Customer shall advise the Company (other than upon a consignment note or deliver document) within one business day of the delivery and immediately confirm to the Company in writing.
8.2 When any consignment of Goods is delivered to a carrier and is not received by the Customer, the Customer shall advise the Company in writing (other than upon a consignment note or delivery document) within 14 days of dispatch. No claim will be entertained unless the Customer complies with the term of this condition. In any event the liability of the Company in the event of any mis-delivery or non-delivery referred to in this condition shall not exceed the replacement of the Goods shown to be mis-delivered or non-delivered or, at the Company’s option, the refund of the price received by the Company for the Goods.
8.3 Goods returned to the Company shall be subject to inspection (and if necessary remedial work) before any credit for the returned Goods is issued.
8.4 In the absence of notification of such claims within periods stated above, the Goods shall be deemed to have been delivered in accordance with the Order. Claims made after signing for delivery in good condition will be considered at the Company’s discretion.
8.5 If Duplus or one of their agents present the goods on the agreed day of delivery at the customers delivery address, as stated on Duplus’ order acknowledgement and the customer is unwilling to accept these goods for any reason, then the goods will be returned to Duplus’ head office. The costs associated with the return of these good and any re-delivery of said goods will be born by the customer. This cost will be advised to the customer and will be paid by the customer prior to any further action being undertaken by Duplus.
9. Essential Checks Before Ordering and Delivery
9.1 It is your responsibility to ensure that there is suitable lifting equipment available to take receipt of delivery and there is sufficient access for our delivery lorry to reach the delivery address, as fees for redelivery and cancellation may apply.
9.2 If you are choosing Goods for a property in an industrial or maritime area or which is subject to a potentially corrosive or polluted environment call our customer services team and ask about the different material specifications we offer to suit your specific needs.
9.3 An adult must be available at the address to carefully check the Goods, sign and acknowledge receipt in a safe and satisfactory condition. Please report any defects immediately upon delivery to customer services. For boxed Goods, you are only required to sign for the packaged Goods received. If no one is available to accept delivery of the Goods, re-delivery charges will apply.
10.1 The risk in the Goods shall pass to the Customer once they have been removed from the delivery vehicle.
10.2 Where the Goods are stored by the Company pending collection, they shall be stored at the Customer’s risk.
11. Product Descriptions, Colours and glazing.
11.1 Every effort is made to ensure that the Goods the Company supply correspond as closely as possible to the samples shown in the Company brochures and on the Company website but they might not be exactly the same, but will conform to the Order Acknowledgement.
11.2 No responsibility can be accepted for any slight variations, which all add to the unique features of the Goods including but not limited to the following:- a) The RAL & BS colour codes. b) The quality of any glass supplied by the Company shall be inspected and deemed to be acceptable when in accordance with the “Quality of Vision – Double Glazing document published by the Glass and Glazing Federation (GGF) and the Company’s own quality standard.
12. Quality and Fitness for Purpose
12.1 Any recommendation or suggestion relating to the use or durability of the Goods is given in good faith but it is for the Customer to satisfy himself the Goods are suitable for his own particular purpose and he shall be deemed so to have done.
12.2 Goods designed for use in maritime/industrial areas are available. Please ensure you have requested the correct Goods for your use.
12.3 The Goods will be designed and manufactured on the understanding that dimensions provided by the Customer represent the overall external upstand sizes, including the roof weathering.
12.4 It is the responsibility of the Customer to satisfy themselves that the specification and overall external upstand sizes stated on our Order acknowledgement are correct. If they are found to be incorrect, then please contact our Customer service department within the time scale defined in section 20, “Cancellations and Amendments”.
13. Consequential Loss
13.1 The Company shall not be liable for any costs, expenses, damage, illness, injury or loss of any kind whatsoever and howsoever caused to any property, persons, animals or produce or arising out of or in connection whether directly or indirectly with the use of the Goods provided that nothing in this condition or the conditions generally shall limit the Company’s direct liability in respect of death or personal injury.
14.1 The Customer acknowledges that he has not entered into this Contract on the basis of any representation whatsoever made to him by the Company or its agents.
15.1 No legal property in or beneficial ownership of the Goods shall pass from the Company to the Customer unless and until the Customer has made full and complete payment to the Company of (i) All sums due from the Customer to the Company under this agreement in respect of the Goods and (ii) All other sums due from the Customer to the Company on any account whatsoever. If any sum due from the Customer to the Company on any account whatsoever remains unpaid after the Company has given to the Customer fourteen calendar days, the first day being the day after the delivery of all the Goods, written notice of their intention to exercise their rights under this Condition the Customer shall be deemed to have repudiated this agreement and the Company shall be entitled to terminate this agreement to forfeit any sums paid to it by the Customer in respect of the Goods and to recover the Goods if necessary by entry into and removal from the Customers’ premises without prejudice to any other claims which the Company may have against the Customer.
16. Force Majeure
16.1 The Company shall be entitled to cancel or delay delivery or to reduce the quantity of the Goods delivered if it is delayed or hindered in or prevented from manufacturing or delivering by normal route or means of delivering the Goods through any circumstances beyond its reasonable control, including but not limited to war, fire, flood, act of God, unavailability of raw materials, government restrictions and controls, strikes and lockouts.
17.1 The Customer shall indemnify the Company against all claims, demands, damages, penalties, costs and expenses to which the Company may become liable as a result of work done in accordance with the Customer’s Order which involves the infringement or alleged infringements of any letters, patent, trademarks, registered designs, industrial models or copyrights.
17.2 The Company accepts no responsibility where specifications or particulars supplied by the Customer are inaccurate and the Customer shall indemnify the Company against any loss suffered by the Company by reason of such inaccuracy.
18. Set Off
18.1 The Customer shall not be entitled to withhold or set off payment of any amount due to the Company under the terms of any contract whether in respect of any claim of the Customer in respect of faulty or defective Goods or for any other reason which is contested or liability for which is not admitted by the Company.
19. Relevant Legislation
19.1 These Conditions and the Contract shall be subject and construed according to English Law and the Uniform Laws on The Consumer Contracts (information, Cancellation and Additional Charges) Regulation 2013.
19.2 No provision of these Conditions shall operate or be construed to operate so as to exclude or restrict the Customer’s liability under the provisions of any UK legislation in force from time to time which are not capable of being excluded or restricted.
19.3 The laws of England shall govern the validity, construction and performance of this Contract and the Customer agrees to submit to the jurisdiction of the English Court.
20. Cancellations and Amendments
20.1 Bespoke Products – If the Customer needs to amend or cancel an Order for Bespoke Products the Customer is entitled to do so at any time up to two business days after the Company’s Order Acknowledgement has been sent, by contacting customer services. After the two business days have elapsed from receiving the Company’s Order Acknowledgement, the Customer no longer retains the right to cancel their Order with the Company.
20.2 Stock Products – The Customer has the right of cancellation of any Stock Product from the point of order to 14 days after the date of delivery.
20.3 The Customer loses the right to cancellation of a Stock Product within the 14 days after the date of delivery if the Goods have been opened or are damaged in any form.
21. How to Cancel
21.1 To cancel an Order you must complete our “Cancellation Notice” form (attached to the end of these Conditions) or provide a clear statement to inform the Company of your intent to cancel your Order. The statement must also include your name, address, “Order No.” (located on the Order Acknowledgement) and a clear description of the Goods you wish to cancel. The statement must be in the form of a letter which must be sent by post, fax or email and can be only considered if it was sent before the end of the cancellation period.
22. Returns/Refunds Following Cancellation
22.1 Further to cancellation the Company will collect the Goods from the original delivery address and will charge or deduct from the refund the cost of collection as directly charged from the third party delivery company plus a handling charge.
22.2 Goods can be returned by first contacting the customer service department, who can arrange for collection of the returned Goods, at the Customers expense or supply a unique return merchandise authorisation code, to be used as a reference when labelling returned items.
22.3 Alternatively the Customer may return the Goods to the Company during the Company’s standard working hours. The Customer must not delay their return of the Goods and should send them back or allow the Company to collect within 14 days of cancellation.
22.4 Where a Customer is returning Goods, he should return them to the Company by one of the methods set out below, with proof of purchase (receipt or dispatch notes), unopened, undamaged and in their original packaging, within 14 working days of the date of delivery; unless they are faulty.
22.5 When the Company receive the Goods by post or courier, the Customer shall ensure he packages and labels them correctly so that they are not lost or damaged in transit. The risk in the Goods will remain the Customers responsibility and will not pass back to the Company until the Company receive them.
22.6 All returned Goods shall be returned in the packaging they were received and include all installation instructions.
22.7 Goods returned to the Company shall be subject to inspection (and if necessary remedial work) before any credit or refund for the returned Goods is issued or given.
22.8 If remedial work is deemed necessary, the Company reserves the right to deduct these costs from any credit or refund.
22.9 Where the Customer wishes to exchange Goods, the purchase of alternative Goods and the inspection of the returned Goods shall be completed prior to any credit or refund being issued or given.
22.10 Where a Customer seeks to return Goods to the Company without complying with all or any of the Company’s requirements set out above the Company shall be under no obligation to receive them or make any refund or give any credit to the Customer or exchange Goods but may do so at the Company’s absolute discretion and the Company’s decision on the matter shall be final between the parties.
23. Defective Goods
23.1 If the Customer believes any Goods to be of an unsatisfactory quality the Customer shall immediately contact customer services and use his best endeavours to treat the Goods with the utmost care so as to avoid any damage to the Goods.
23.2 The Company warrants that upon delivery the Goods are of satisfactory quality and fit for the purpose described in the Order Acknowledgement. The Customer should inspect the Goods as soon as possible after delivery and take care to protect them from deterioration whilst awaiting use.
24.1 No variation to these Conditions shall be valid unless in writing and signed by authorised representatives of both parties. Any variations required by the Customer and subsequently agreed by both parties, must be done before an Order is placed. If an Order is placed, then it is deemed that the Customer has accepted these Conditions.
24.2 The Customer may not assign any rights and obligations under these Conditions without the prior written consent of the Company.
25. Customer Service
25.1 The Company’s customer service department is located at 370 Melton Road, Leicester. LE4 7SL and can be contacted during the Company’s standard working hours on 0116 2582 834 or firstname.lastname@example.org
26.1 The Company warrants the product to be free from defects and workmanship for a period of ten years, excluding electric or electronic components or moving parts which are covered for one year.
26.2 The warranty commences from the date of supply by Duplus and is not transferrable.
26.3 If there is a defect with the product covered by the warranty, the company will repair or if repair is not possible, replace the component or product free of charge (including delivery and/or installation, if these options were taken with the original Order).
26.4 Replacement of components under the warranty does not affect the terms of the warranty.
26.5 The warranty claim must be made as soon as reasonable possible after the defect becomes apparent.
26.6 To report a warranty claim, please contact the Company’s customer service department for a warranty claim form and then return with proof of purchase.
26.7 When the claim form has been validated, the company will send a technician to assess the claim and the company will meet all reasonable travel costs in main land United Kingdom incurred by its technicians to and from the destination where the product is located.
26.8 The warranty will not cover the cost of the Company’s technicians and their travel expenses if there is no defect found with the product, this cost will be charged at the current daily rate.
26.9 In no event will the Company be liable for more than the amount of purchase price, not to exceed the current list price of the product, excluding tax and handling.
27. Warranty Exclusions
27.1 If the product was supplied on a supply only basis, then the warranty does not include for any associated costs for removing, replacing and reinstalling the product.
27.2 If the product was supplied and installed by the Company, the warranty covers the cost of reinstalling the product directly onto a prepared kerb assembly, but does not include for any associated costs for removing the existing product.
27.3 The warranty does not include for the disposal of the product or any associated materials.
27.4 The warranty does not include for any crane or lifting equipment required for the removal, replacing and reinstalling the product.
27.5 The warranty does not include for any plant, scaffold, equipment or health and safety requirements required for the removal, replacing and reinstalling the product, or replacing a component by the Company under the terms of the warranty.
27.6 The warranty does not include for any damages that result from the failure of the product. These damages excluded include, but not limited to the following: lost profits, lost savings, damage to other equipment, fittings and incidental or consequential damages arising from the use, or the inability to use the product.
27.7 The warranty does not cover any failure of the product due to theft, attempted theft, fire or explosion.
27.8 The warranty does not cover any failure of the product due to damage caused by misuse, abuse, unauthorised modification, incorrect usage or improper storage conditions.
27.9 The warranty does not cover any failure of the product due to lightning or natural disasters.
27.10 The warranty does not cover any failure of the product directly or indirectly caused by, or contributed, or arising from:- a) Impairment of the product’s operation or performance as a result of local obstacles causing interference with the operation. b) Any loss caused by acts of war, terrorism, nuclear explosion, sonic boom or radioactivity. c) Any loss resulting from pressure waves caused by aircraft or other aerial devices. d) Any loss resulting from any item or substance falling onto the product. e) Glass breakages.
27.11 The warranty does not cover any failure of the product directly or indirectly caused by:- a) Wear and tear or gradual deterioration. b) Any process of cleaning not done in accordance with the Company’s general cleaning & maintenance instructions or c) Scratching or chipping and any damage resulting through lack of maintenance to the powder coated frame and components. d) Maintenance, overhaul, repair or attempted repair or modification or any loss or damage caused by them, where work is not carried out by the Company. e) Atmospheric or climatic conditions, moths, insects, birds, vermin or fungus.
27.12 The warranty does not cover spontaneous breakage of any toughened glass (defined as TGH or toughened on our quotations) a) Spontaneous breakage of toughened glass due to Nickel Sulphide inclusions are very rare. However, there are no known processes that will eliminate these inclusions completely from toughened glass and hence Duplus are unable to provide any warranty against breakage of toughened glass contained within its rooflights caused by Nickel Sulphide Inclusions (NiS). b) Duplus take no responsibility for any costs incurred by their customers if such spontaneous breakage occurs.
27.13 The warranty will be void if the rooflight is not fixed in accordance with the Duplus Instructions and Maintenance Manual or to an upstand which projects above the finished surface of the roof by less than 150mm (as defined in BS6299:2003).
28. Changes to Terms and Conditions
28.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
28.2 You will be subject to the policies and terms and conditions in force at the time that you order Products from us. Cancellation Notice If you wish to cancel the Contract in accordance with your rights to cancel you must inform us by making a clear statement (in the form of a letter which must be sent by post, fax or email) to the Company named below. You may use this form if you want to but you do not have to.
To: Duplus Architectural Systems Ltd. 370 Melton Road, Leicester LE4 7SL
Fax: 0116 261 0539
I/We (delete as appropriate) hereby give notice that I/We (delete as appropriate) cancel my/our (delete as appropriate) contract.
Order No. …………………………………………………….