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Goose Joinery Standard Terms and Conditions

 

Goose Joinery Standard Terms and Conditions

  • 1.0 Acceptance of Order: Orders are accepted only upon and subject to the Company’s standard terms and conditions of sale.
  • 1.1 Orders will be submitted once a signed copy of the quotation and deposit payment have been received by the Company.
  • 1.2 A signed copy of the quotation
  • 1.3 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.
  • 1.4 It is hereby agreed and declared that this Agreement is neither a Hire Purchase Agreement nor a Credit Sale Agreement.
  • 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 will be shipped direct to the Customer unless prior agreement with the Company.  However, in this instance additional delivery costs and storage costs may be charged.
  • 2.3 The Customer may collect goods from the Company’s location by prior arrangement.  However, standard delivery charges, as quoted will still apply
  • 2.4 Should unforeseen circumstances arise; the Company reserves the right to use other means and methods of delivery to customers.
  • 3.0 Claims for non-delivery, or liability (section 2.3/2.4 above) will not be incurred by the Company.
  • 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 order confirmation.
  • 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% deposit shall become due for payment by the Customer on placement of order and the balance shall become due for payment by the Customer 14 days before 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 the 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 and photographic evidence (on the pallets for Rationel products) is received within 7 days after the date of despatch.
  • 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 7 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, 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)
  • 7.3 It is hereby agreed and declared that any damages, compensation or other monetary payment paid to the Purchaser either as an ex-gratia payment or by Court Order shall not exceed Actual Loss.
  • 8.0 Force Majeure – The Company shall not be deemed in breach of the contract or otherwise liable to the Customer by reason of any delay in performance, or non-performance of its obligations under the Contract to the extent that such delay or non-performance is caused by strikes, lock-outs or other industrial action or trade disputes (whether involving employee of the Company or third party); difficulties in obtaining raw material, labour, fuel, parts or machinery, power failure or breakdown in machinery; failure of its supplier’s or contractor’s or any other event or circumstance beyond the Company’s reasonable control.  In any such even the Company may, without liability to the Customer, reasonably vary the terms of the Contract including but not limited to extending the time for performing the contact by a period at least equal to the time lost due to such an event.
  • 9.0 Design Changes: The Company reserves the right to effect changes of a technical, material or legislative nature, without prior notice.
  • 9.1 Sample windows are intended to demonstrate the working of a typical window and the material used. The windows and other products, the subject of this Agreement, will be manufactured in the manner the Company consider most suitable and such materials of suitable quality as the Company considers to be required shall be used in the manufacture and installation of the products.
  • 10.0 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.
  • 11.0  Product Warranty: Goods supplied by the Company to the customer is warranted against material and manufacturing defects for the periods set out below, commencing from the date of despatch of the goods, and subject to the limits shown.
  • 11.1  A maximum of five years for all parts of Rationel products, three years for kitchen components.
  • 11.2 The Company shall not be responsible for the cost of installation of any part being replaced, or any associated costs howsoever caused
  • 11.3 This warranty will not apply to faults due to accidental damage, faults due to misuse, faults due to poor installation or glass breakages.
  • 11.4 Such repairs or replacements will be carried out following a satisfactory site inspection and report by the Company
  • 11.5 The warranty is only valid if the products are installed in accordance with the Company’s installation instructions
  • 11.6 Attachments of additional accessories will negate the warranty unless approved in writing by the Company
  • 11.7 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
  • 11.8 Written notice of any complaint is required immediately upon discovery, photo evidence needs to be taken prior to order being removed from pallets. The Company shall not be responsible for any deterioration caused by the delay in reporting
  • 11.9 This warranty is only valid providing full payment has been received by the Company in accordance with the payment terms indicated on the invoice
  • 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.
  • 13.0 The Customer may serve on the Company a written cancellation sent by recorded delivery within 7 days from the date of this agreement. If the cancellation is made after this period, then the Customer shall be liable for all costs incurred by the Company up to the date of the cancellation. This Agreement shall be binding on the parties from the date hereof, save and unless it has been terminated in accordance with the conditions and existing State Legislation.
  • 14.0 Irrespective of whether title to the Goods remains vested in the Company, risk in the Goods shall pass to the Customer upon delivery or installation.    

Goose Joinery Standard Terms and Conditions (Install)

  • 15.0 The terms of this Agreement, unless otherwise stated shall be determined by the appropriate provisions of the Sale of Goods Act 1893, Supply of Goods (Implied Terms) 1973 and such other legal legislation as shall from time to time be in force, including the rights of the Customer under such legislation
  • 16..0 Whilst the Company will make every endeavour to install the products on the date or within the period agreed with the purchaser, the Company shall, in the event of any unforeseen circumstances (including inclement weather, strikes, lock-outs and non-availability of materials) be entitled to make later installation and such later installations shall be accepted by The Customer and the Company shall in any event not be responsible for any loss whatsoever arising from or consequential upon delay in installation. Further, the time for such delivery and installation shall not be of the essence of this Agreement.
  • 17.0 The Customer will provide reasonable access to enable installation to be completed.
  • 18.0 All glass, timber and other materials shall be of good quality, but the Company shall not be under any liability whatsoever in respect of minor blemishes and imperfections not guaranteed by the glass, timber or other materials purchasers or distributors.
  • 18.1 No work will be done or materials supplied other than those specified.
  • 18.2 The Company does not guarantee or warrant, nor do its’ agents have the right to represent or warrant, that condensation can be controlled or prevented by installation of the products.
  • Subject to Paragraph (5) of this Schedule, the Company guarantees the products against defective workmanship and the materials for a period of 5 years, as per the Company’s written guarantee (applicable only where the Company has received full payment within 7 days of completion of installation)
  • 20.0 Balance Payment of the invoice is due upon completion of work on the understanding that any faults will be rectified by the company under the written guarantee.  If payment is still outstanding 14 days after completion the Company may charge interest in the outstanding amount at 8% per calendar year
  • 20.1 If non-payment of the outstanding balance results in legal action being taken, the Customer will pay all legal costs incurred by the Company, to effect recovery of all monies owed.
  • 21.0 It is hereby agreed and declared that any damages, compensation or other monetary payment paid to the Purchaser either as an ex-gratia payment or by Court Order shall not exceed Actual Loss.
  • 22.0 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.