• goose-joinery-rationel-windows-doors-1

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 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.
1.3 It is hereby agreed and declared that this Agreement is neither a Hire Purchase Agreement nor a Credit Sale Agreement.
1.4 If a site survey is carried out a cost of £500 + VAT will become payable; however, this will be credited back to the customer upon placement of a minimum order of £1,500 + VAT. For orders under £1,500 + VAT a non-refundable charge will apply.
2.0 Delivery: Dispatch 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 will 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 which could result in additional costs to the Customer.
2.5 The customer must be available to oversee the delivery.  If no one is onsite on the day of delivery to oversee the delivery additional charges will apply for redelivery and storage.
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 If the quotation is to be zero rated VAT then the Customer needs to advise the Company of this before any quotations are raised.  Failure to this will result in the Customer having the claim the VAT back themselves.
4.4 Agreed “firm” price quotations will remain in force for the stated period.
4.5 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.
5.0 Payment: Unless otherwise agreed by the Company or stated in the order acknowledgment, 50% deposit (non-refundable) 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.  If Goose Joinery are installing the product, a 75% deposit is payable at the same time as the balance of the product.  The remaining 25% is payable once installation is complete.
5.1  If the project is zero rated VAT the Company reserves the right to ask for 100% payment upfront.
5.2  The Company reserves the right at any time to demand full or partial payment before proceeding with any customer order.
5.3  If the Customer defaults in payment, the Company may, in addition to exercising the right in condition 5.2, delay delivery, redirect the delivery or cancel the Customer order(s).  This may incur additional costs to the Customer.
5.4  The interest charge on any overdue payment will be charged at the rate of 8% per calendar year.
5.5 In the event that a failure to pay the full balance as set out shall constitute a material breach by the purchaser of this agreement.
5.6 In the event that the customer fails to pay the final balance within 7 days of the work being completed the product warranties become void.
5.6.1 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.
5.7 The Company may, at its discretion, make instalment deliveries, where each delivery shall constitute a separate order for the purpose of payment.
5.8 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.
5.9 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.
5.10  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.
5.11 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.
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 5 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 5 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 event 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 contract 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 Rationel Products warranty – 

                     Ten (10) Years in the case of Rationel supplied ‘aluminium-clad timber’ windows, patio doors, sliding doors and casement doors; or

                     Five (5) Years in the case of Rationel supplied ‘timber only’ windows, patio doors, sliding doors and casement doors; or

                      Five (5) Years in the case of Rationel supplied ‘aluminium-clad timber’ and ’timber only’ flush and glazed entrance doors; or

                      One (1) year in the case of Rationel supplied electrical components or accessories.

11.2  Bespoke Hand Made Joinery in conjunction with our standard terms and conditions
11.2.1 i.  Goose Joinery warrants that it has good title to the Goods and that it will transfer title in the Goods to the Customer on the invoice only pursuant to Clause 11.2.1 ii

 ii Nottwithstanding delivery, title in the Goods shall not pass to the Customer until Goose Joinery has been paid in full for the Goods. Nothing in this Clause shall prevent Goose Joinery from raising an action against the Customer for payment of the Goods

iii The title of any unwanted items removed by Goose Joinery as debris or rubbish from the Customer’s property transfers immediately to Goose Joinery

iv Goose Joinery will remain the owner of all goods which have been manufactured, supplied or fitted, this will only change once payment has been received in full for the balance, Goose Joinery own the right to remove any of their property if payment is not received.

11.2.2 Guarantee
11.2.2.1      Where the Goods have been manufactured by Goose Joinery and are found to be defective, or installation work by Goose Joinery is found to be defective, Goose Joinery shall repair or, in its discretion,  replace defective Goods free of charge upon the following conditions:
 i.  the Customer giving notice of the defect within 5 days of the defect coming to the Customer’s attention;ii.  such notice being served within 7 days of delivery or collection for a “supply only” sale, or within 6 months of the date of the balance invoice for “installation” work;
11.2.2.2 All external joinery must be fully decorated within 1 week of delivery/installation and then at regular intervals thereafter.
11.2.2.3 The Customer having complied with Goose Joinery oral or written instructions as to storage, installation, use or maintenance of the Goods or in accordance with good trade practice; and
11.2.2.4 The defect is not due to rot or insect attack of joinery items.
11.2.2.5 Any Goods to be repaired or replaced under Clause 11.2.2.1 for a “supply only” sale shall be delivered to Goose Joinery at the Customer’s expense.
11.2.2.6 Where the Goods have been manufactured by a third party Goose Joinery shall where possible pass on to the Customer the benefit of any warranty in respect of the Goods granted to Goose Joinery by such third party. This includes items such as double-glazing units.
11.2.3 Limitation of Liability
11.2.3.1 Subject to Goose Joinery liability under Clause 11.2.1 and subject to Clause 11.2.6 Goose Joinery shall not be liable to the Customer for any loss (including loss of profit), costs, damages, charges or expenses incurred by the Customer or for any loss or damage to or caused by the Goods.
11.2.3.2 Subject to this Clause 11.2.3 and Clause 11.2.6 all other conditions, warranties or other stipulations concerning the Goods whether express or implied by common law or under statute are excluded to the fullest extent permitted by law, and, in particular, but without limiting the foregoing generality, Goose Joinery grants no warranties regarding fitness for purpose, use, quality or nature of the Goods whether express or implied by statute or common law.
11.2.3.3 Subject to Clause 11.2.6 the liability of Goose Joinery under this Agreement howsoever arising shall not exceed the Price.
11.2.3.4 Goose Joinery cannot be held responsible if any damage is caused to walls, floors, ceilings, paint work during the installation period. (ex. Removing of existing door frame disturbs, cracks or removes plaster on wall), we will where possible repair the damage but not be deemed responsible to repair.
11.2.4 Joinery Work
11.2.4.1 For a “supply only” sale, the Customer is responsible for the accuracy of sizes requested. Any amendments to joinery items ordered due to inaccurate sizes will be charged for.
11.2.4.2   Whilst every attempt is made to eliminate the expansion of external joinery items such as gates, doors and windows by allowing a certain amount of clearance, Goose Joinery is not liable for any expansion or swelling of these items.
11.2.4.3   Unless otherwise stated, staining, spraying or painting of joinery items is not included in the estimated or quoted price.
11.2.4.4  Timber is a natural product, therefore there is always colour differentials within the wood and whilst every effort is made to ensure the colour/grain matches with other timber, tolerances will have to be allowed for.
11.2.5 Specific Goods
11.2.5.1 Joinery Items; where joinery items are supplied with a factory applied stain, or primer, the Customer must paint/stain such products with a minimum of two coats of proprietary wood stain. Primed joinery must be treated with a full paint finish. Primer and stains do not give long term protection against the ingress of moisture and Goose Joinery cannot accept responsibility for Goods which are not treated as recommended after sale.   All external joinery must be fully decorated within 1 week of delivery/installation and then at regular intervals thereafter.
11.2.5.2 Subject to the Customer complying with Clause 11.2.6.1 guarantee does not apply to doors, windows or joinery which swell/shrink due to intake of excessive moisture or any other neglect or misuse on the part of the Customer after sale. Goose Joinery liability under this guarantee shall not extend to costs or charges of unfixing, re-fixing, painting, polishing, staining, handling, cartage, storage or other additional charges or expenses. (This does not affect your statutory rights).
11.2.6  General
11.2.6.1   Nothing in these Conditions shall be construed so as to exclude or limit the liability of Goose Joinery for breach of the warranties contained or for breach of warranty as to title and quiet possession implied by the Sale of Goods Act 1979 where such Act applies to the contract between Goose Joinery and the Customer for the sale and purchase of the Goods incorporating these Conditions.
11.2.6.2 Nothing contained in these Conditions shall be construed so as to limit or exclude the liability of Goose Joinery for death or personal injury as a result of Goose Joinery fraudulent misrepresentation, negligent actions or those of its employees or agents.
11.2.6.3 You may not use our goods for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
11.2.6.4 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
11.2.6.5   The Customer must not schedule or commence any installation work until after the Customer has received its Order and checked all the Goods for any defects or missing parts.
11.3 Aluminium Products warranty

Frames, Materials and workmanship – Ten (10) years

Glass – Five (5) years

Powder coating – Five (5) years

Hardware and moving parts – One (1) year

11.4 UPVC Products warranty –  Product dependant, available upon request.
11.5 Kitchen Products warrantyThree (3) years for kitchen components.
11.6 The Company shall not be responsible for the cost of installation of any part being replaced, or any associated costs howsoever caused.
11.7 This warranty will not apply to faults due to accidental damage, faults due to misuse, faults due to poor installation or glass breakages.
11.8 Such repairs or replacements will be carried out following a satisfactory site inspection and report by the Company.
11.9 The warranty/guarantee is provided to the original purchaser of the goods and is non-transferable should the property be sold.
11.10  Attachments of additional accessories will negate the warranty unless approved in writing by the Company.
11.11 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.
11.12 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.
11.13 This warranty is only valid providing full payment has been received by the Company in accordance with the payment terms indicated on the invoice.
11.14 The warranty is only valid if the products are installed in accordance with the Company’s installation instructions.
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.  
15.0 BREXIT In the event that the United Kingdom (UK) ceases to be a member state of the European Union (Brexit) and, arising out of Brexit, Rationel/Goose Joinery incurs customs handling or other border control that may cause delay to Rationel’s /Goose Joinery’s performance under this contract, Rationel/ Goose Joinery reserves the right to extend the time for performance by an identical number of calendar days without any liability on the part of Rationel/Goose Joinery.  Additionally, if as a result of Brexit, Rationel/Goose Joinery incurs any increased costs (such as customs duties, import VAT and other charges or duties) in regard to Rationel’s/ Goose Joinery’s performance under the aforesaid contract, Rationel/Goose Joinery shall have the right to increase its prices for the Products covered by the contract by an amount equal to such substantiated increased costs.  Rationel/Goose Joinery will inform you as soon as it becomes aware of the likelihood of any threatening delay or increased costs.  
16.0 Installation 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.
16.1 If no survey is required and/or undertaken, the Purchaser shall be solely responsible for providing fully accurate dimensions in relation to the product and/or installation.
16.2  The Company reserves the right to make minor modifications to the quote as the Company deems reasonably necessary.
16.3  The survey is intended to confirm the detailed descriptions and measurements of the property to enable the Company to supply and install the items listed in the Quote.  It is not intended or does it purport to be a full structural survey and there may be structural issues at the Premises which may or may not be apparent.  In the course of the survey, some apparent building fabric issues, such as cracks in plaster or rendering may be highlighted.  The company shall not be liable for repairing any such cracks which exist or which may appear or any movement in stonework during or following installation.
16.4  If you wish to change the confirmed installation date, you must give us at least 28 days’ prior written notice, otherwise a rearrangement fee of £400 + VAT per day will apply.
16.5 If the installation is obstructed or slowed down by the customer and we are not able to install we will charge at the rate of £400 + VAT per day
16.6 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 but not limited to inclement weather, strikes, pandemics, 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.
16.7 The Customer will provide reasonable access to enable installation to be completed.
17.0 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.
17.1 No work will be done or materials supplied other than those specified.
17.2 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.