Terms & Conditions
| Terms and Conditions of Sale 1 GENERAL 1.1 Any contract between BESPOKE HANDRAILS & STAIRCASES LTD and any of its customers (“the customer”) for the supply and/or services shall automatically incorporate these conditions which shall prevail over any other terms and conditions attached to the Customer’s order. 1.2 The waiver of any of any conditions herein at any time by the Customer shall not be effective unless it is specifically agreed in writing by BESPOKE HANDRAILS & STAIRCASES LTD and shall constitute a waiver for the purpose of that particular transaction only and all other conditions herein shall remain in full force and effect. 1.3 Any contract between BESPOKE HANDRAILS & STAIRCASES LTD and the Customer shall only arise on the written acceptance by BESPOKE HANDRAILS & STAIRCASES LTD of the Customer’s order. 2 PRICE AND PAYMENT 2.1 The price for the Goods (“the Price”) shall be the price as stated on the quotation or estimate provided by BESPOKE HANDRAILS & STAIRCASES LTD, or such other price as the parties may agree in writing or orally. 2.2 For a “supply only” sale, i.e. where items are sold without installation at the Customer’s property, payment of the Price shall be made by the Customer upon collection of the goods from our workshop or prior to delivery. 2.3 For an “installation” sale, i.e. where items are installed or work is carried out at the Customer’s property or site, payment of the Price shall be made by the Customer within 14 days of the date of the invoice. 2.4 BESPOKE HANDRAILS & STAIRCASES LTD understands and will exercise its statutory right to claim interest and compensation for debt recovery costs under the late payment legislation if we are not paid according to agreed credit terms. 2.5 The Customer should understand that, for all orders over £1000 including VAT, a credit check and public record search may be made, and the Customer will be asked for written consent for this. 2.6 BESPOKE HANDRAILS & STAIRCASES LTD will ask for deposit payments for large orders, the payment installations are included in the quotation and any invoices. 2.7 Payment details are provided on the invoice, any payments made via any other means, other than provided on the invoice will not be accepted. 3 QUOTATIONS 3.1 Any quotation provided by BESPOKE HANDRAILS & STAIRCASES LTD shall be valid for acceptance by the Customer for a period of 3 months from the date of the quotation. 3.2 The customer agrees to direct any questions regarding quotation or payment to the person who issued the initial quote, or, if not available a company director. Any quote made for any extras, or waivers, by any other person are not valid. 3.3 If not specified any price quoted, either in writing or orally is exclusive of VAT and all costs or charges in relation to packaging, loading, unloading, carriage and insurance (if applicable) which shall be due at the rate ruling on the date BESPOKE HANDRAILS & STAIRCASES LTD invoice unless included within our quotation. Unless otherwise agreed in writing, no quotation shall be subject to any discount. 4 GOODS 4.1 All Goods shall be required to conform to the specification in the order for Goods by the Customer as accepted by BESPOKE HANDRAILS & STAIRCASES LTD or as otherwise expressly agreed in writing or orally. 4.2 Any order for Goods sent by the Customer to BESPOKE HANDRAILS & STAIRCASES LTD shall be deemed to be accepted subject to the Conditions contained herein. 4.3 Each order for Goods accepted by BESPOKE HANDRAILS & STAIRCASES LTD shall be deemed to be an individual legally binding contract between the parties. 4.4 Where any designs or patterns or specifications have been supplied by the Customer for manufacture by or to the order of BESPOKE HANDRAILS & STAIRCASES LTD then the Customer warrants that the use of those designs, patterns or specifications for the manufacture, processing, assembly or supply of the Goods shall not infringe the intellectual property or other rights of any third party. The Customer shall indemnify and keep indemnified BESPOKE HANDRAILS & STAIRCASES LTD against any loss in respect of any proceedings or otherwise resulting from any infringement of any letters, patent, copyright, registered design, registered trademark or any other protection subsisting in favour of any third party in any such pattern or specification. 5 DELIVERY 5.1 The Customer shall be deemed to have accepted the Goods upon completion of the “installation” work, or upon delivery or collection for a “supply only” sale. 5.2 BESPOKE HANDRAILS & STAIRCASES LTD shall not be liable to the Customer or be deemed to be in breach of the Conditions by reason of any delay or failure in a “supply only” sale or in “installation” work if the delay or failure was due to any cause beyond BESPOKE HANDRAILS & STAIRCASES LTD reasonable control. 5.3 All risk in the Goods shall pass to the Customer upon completion of the “installation” work, or upon delivery or collection for a “supply only” sale unless agreed otherwise in writing between parties. 5.4 If BESPOKE HANDRAILS & STAIRCASES LTD is unable to deliver the Goods for reasons outside its control, BESPOKE HANDRAILS & STAIRCASES LTD shall be entitled, at the Customer’s expense, to place the Goods in storage until such time as the Goods may be delivered. 5.5 Any cancellation of an order must be sent by the Customer to BESPOKE HANDRAILS & STAIRCASES LTD in writing. The Customer is liable to be charged for any materials ordered or work started for an order at the time of cancellation. 5.6 Whilst BESPOKE HANDRAILS & STAIRCASES LTD is pleased to undertake insurance work, this is only done on the understanding that the Customer is responsible for paying BESPOKE HANDRAILS & STAIRCASES LTD invoice, not the insurance company. BESPOKE HANDRAILS & STAIRCASES LTD is unable to deal with insurance companies direct unless agreed in writing between all parties. 6 TITLE TO GOODS 6.1 BESPOKE HANDRAILS & STAIRCASES LTD warrants that it has good title to the Goods and that it will transfer title in the Goods to the Customer pursuant to Clause 5.2. 6.2 Notwithstanding delivery, title in the Goods shall not pass to the Customer until BESPOKE HANDRAILS & STAIRCASES LTD has been paid in full for the Goods. Nothing in this Clause shall prevent BESPOKE HANDRAILS & STAIRCASES LTD from raising an action against the Customer for payment of the Goods. 6.3 The title of any unwanted items removed by BESPOKE HANDRAILS & STAIRCASES LTD as debris or rubbish from the Customer’s property transfers immediately to BESPOKE HANDRAILS & STAIRCASES LTD. 7 DAMAGE IN TRANSIT 7.1 Upon serving notice within 24 hours of delivery to BESPOKE HANDRAILS & STAIRCASES LTD, the Customer shall be entitled to replacement Goods if BESPOKE HANDRAILS & STAIRCASES LTD is reasonably satisfied that the Goods have been damaged during transportation arranged by BESPOKE HANDRAILS & STAIRCASES LTD. 8 GUARANTEE 8.1 Where the Goods have been manufactured by BESPOKE HANDRAILS & STAIRCASES LTD and are found to be defective, or installation work by BESPOKE HANDRAILS & STAIRCASES LTD is found to be defective; BESPOKE HANDRAILS & STAIRCASES LTD shall repair or, at its sole discretion, replace defective Goods free of charge upon the following conditions:
8.2 Any Goods to be repaired or replaced under Clause 7 for a “supply only” sale shall be delivered to BESPOKE HANDRAILS & STAIRCASES LTD at the Customer’s expense. 8.3 Where the Goods have been manufactured by a third party BESPOKE HANDRAILS & STAIRCASES LTD shall where possible pass on to the Customer the benefit of any warranty in respect of the Goods granted to BESPOKE HANDRAILS & STAIRCASES LTD by such third party. 9 LIMITATION OF LIABILITY 9.1 Subject to BESPOKE HANDRAILS & STAIRCASES LTD liability under Clause 5 BESPOKE HANDRAILS & STAIRCASES LTD 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. 9.2 Subject to Clause 8, 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, BESPOKE HANDRAILS & STAIRCASES LTD grants no warranties regarding fitness for purpose, use, quality or nature of the Goods whether express or implied by statute or common law. 9.3 Subject to Clause 13 the liability of BESPOKE HANDRAILS & STAIRCASES LTD under this Agreement howsoever arising shall not exceed the Price. 10 JOINERY WORK 10.1 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. 10.2 Whilst every attempt is made to eliminate the expansion and shrinkage of supplied items, BESPOKE HANDRAILS & STAIRCASES LTD is not liable for any expansion/shrinkage or swelling of these items. 10.3 Unless otherwise stated, staining, polishing or painting of the supplied items is not included in the estimated or quoted price. 10.4 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 DEFAULT BY CUSTOMER 11.1 If the Customer shall fail to pay the price for the goods and/or services by the due date for payment, the (without prejudice to any other rights of BESPOKE HANDRAILS & STAIRCASES LTD arising from such failure) the Customer shall (if so required by BESPOKE HANDRAILS & STAIRCASES LTD) pay BESPOKE HANDRAILS & STAIRCASES LTD interest thereon at a rate of 5% per month above the base rate or part thereof on the outstanding amounts from time to time. 11.2 If the Customer shall commit default in or commit any breach of it’s obligations to BESPOKE HANDRAILS & STAIRCASES LTD, or if any distress or execution shall be levied upon the Customer, its property or assets or if the Customer shall make or offer to make any arrangements or compositions with its creditors or commit any act of bankruptcy or if the Customer shall be a company and any resolution or petition or receiving order in bankruptcy shall be presented or made against him, or if the Customer shall be a company and any resolution or petition to wind up such company’s business shall be passed or presented otherwise than for the purpose of amalgamation or reconstruction whilst solvent, or if a receiver of such company’s undertaking property or assets or any part thereof shall be appointed, or if the Customer shall be insolvent then without prejudice to any other rights available to BESPOKE HANDRAILS & STAIRCASES LTD it may forthwith cancel any contract then subsisting with the Customer or alternatively may suspend or cancel delivery of any of the goods to be supplied there under. 12 GENERAL 12.1 Nothing in these Conditions shall be construed so as to exclude or limit the liability of BESPOKE HANDRAILS & STAIRCASES LTD for breach of the warranties contained in Clause 6 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 BESPOKE HANDRAILS & STAIRCASES LTD and the Customer for the sale and purchase of the Goods incorporating these Conditions. 12.2 Nothing contained in these Conditions shall be construed so as to limit or exclude the liability of BESPOKE HANDRAILS & STAIRCASES LTD for death or personal injury as a result of BESPOKE HANDRAILS & STAIRCASES LTD fraudulent misrepresentation, negligent actions or those of its employees or agents. 12.3 When working on construction sites, unless agreed upfront, it is the responibility of the main contractor to provide any equipment required for safe workings, including but not limited to: Scaffolding, Guarding, safety harnesses, lifting equipment. 13 FORCE MAJEURE 13.1 If the performance of the contract shall be delayed by any circumstances beyond the control of BESPOKE HANDRAILS & STAIRCASES LTD including (but without prejudice to the generality of the foregoing) war, hostilities (whether war shall be declared or not), insurrection, industrial disputes, strikes, lock-outs, riots, explosion, fire, storm, act of God, accidents, unavailability or shortage of materials or labour, interruptions of supply, any statute, rule, law bye-law, or order or request made by or issued by any government department or local or other duly constituted authority, then BESPOKE HANDRAILS & STAIRCASES LTD shall have the right to suspend further performance of the contract until such time as the cause of the delay shall no longer be present and for a reasonably time thereafter. 13.2 If the performance of the contract by BESPOKE HANDRAILS & STAIRCASES LTD shall be prevented by any such circumstances beyond the control of BESPOKE HANDRAILS & STAIRCASES LTD then BESPOKE HANDRAILS & STAIRCASES LTD shall have the right to be discharged from the further performance of any liability under the contract. If BESPOKE HANDRAILS & STAIRCASES LTD exercises such a right then the Customer shall thereupon pay the contract price less a reasonable allowance for what has not been performed by BESPOKE HANDRAILS & STAIRCASES LTD. 14 CANCELLATION 14.1 No cancellation by the Customer is permitted except where expressly agreed by BESPOKE HANDRAILS & STAIRCASES LTD. 14.2 The work is secured for both parties following reciept of deposit, after which a production slot will be reserved that may result in turning away other possible work. Deposit payments are non refundable unless BESPOKE HANDRAILS & STAIRCASES LTD is unable to fulfill their obligations as agreed prior to reciept of deposit or are willing to do so under exceptional circumstances 14.3 The Customer will in the event of agreed cancellation by the Customer indemnify BESPOKE HANDRAILS & STAIRCASES LTD against all expenses incurred up to the time of such cancellation. 15 GOVERNING LAW AND JURISDICTION 15.1 This Agreement shall be governed by and construed in accordance with the law of England and Wales and the parties hereto submit to the non-exclusive jurisdiction of the English and Welsh courts. |