Autoglide Specialists and Discount Electric Curtains are trading names of Haywoods Contracts Ltd.
Our full, job-specific terms will be provided with quotations and on order.
Please note that parcels should be thoroughly checked on delivery, and if found to have received damage, signed as "damaged". Failure to do so may make any carrier-related claims impossible.
The buyer's attention is in particular drawn to the provisions of condition 12.4.
1.1 The definitions and rules of interpretation in this condition apply in these conditions. Buyer: the person, firm or company who purchases the Goods and/or Services from the Company. Company: Haywoods Contracts Ltd. Contract: any contract between the Company and the Buyer for the sale and purchase of the Goods and/or provision of Services, incorporating these conditions. Delivery Point: the place where delivery of the Goods is to take place under condition 4. Goods: any goods agreed in the Contract to be supplied to the Buyer by the Company (including any part or parts of them). Services: any installation services agreed in the Contract to be supplied to the Buyer by the Company.
1.2 A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it.
1.3 Words in the singular include the plural and in the plural include the singular.
1.4 A reference to one gender includes a reference to the other gender.
1.5 Condition headings do not affect the interpretation of these conditions.
2.1 Subject to any variation under condition 2.3 the Contract shall be on these conditions to the exclusion of all other terms and conditions (including any terms or conditions which the Buyer purports to apply under any purchase order, confirmation of order, specification or other document).
2.2 No terms or conditions endorsed on, delivered with or contained in the Buyer's purchase order, confirmation of order, specification or other document shall form part of the Contract simply as a result of such document being referred to in the Contract.
2.3 These conditions apply to all the Company's sales and any variation to these conditions and any representations about the Goods and/or Services shall have no effect unless expressly agreed in writing and signed by the Sales Director of the Company.
3.1 The quantity and description of the Goods and/or Services shall be as set out in the Company's quotation or acknowledgement of order.
3.2 All samples, drawings, descriptive matter, specifications and advertising issued by the Company and any descriptions or illustrations contained in the Company's catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form part of the Contract and this is not a sale by sample.
4.1 Unless otherwise agreed in writing by the Company, delivery of the Goods shall take place at the time the Goods have been unloaded at the delivery address nominated by the Buyer.
4.2 The Buyer shall take delivery of the Goods within 30 days of the Company giving it notice that the Goods are ready for delivery.
4.3 Any dates specified by the Company for delivery of the Goods or commencement or duration for performance of the Services are intended to be an estimate and time for delivery and/or performance shall not be made of the essence by notice.
The Buyer shall not be entitled to cancel any Contract or return Goods for refund without the prior written consent of the Company (which will be the absolute discretion of the Company) and payment of a handling charge of 20% of the Price in respect of ex stock items and in the case of made-to-measure items a percentage of the Price dependent upon the stage of manufacture reached at the point of cancellation.
6.1 The quantity of any consignment of Goods as recorded by the Company upon despatch from the Company's place of business shall be conclusive evidence of the quantity received by the Buyer on delivery unless the Buyer can provide conclusive evidence proving the contrary.
6.2 The Company shall not be liable for any non-delivery of Goods unless the Buyer gives written notice to the Company of the non-delivery within 7 days of the date when the Goods would in the ordinary course of events have been received.
7.1 The Buyer shall be solely responsible for ensuring that its site and adequate and safe access thereto is ready for installation of the Goods. Fixing points must be adequate for the proper and secure installation of the Goods.
7.2 The Buyer shall be solely responsible for all ancillary work required and costs incurred in connection with installation of Goods, including (without limitation) access, scaffolding hire, electrical work, decorating, or making good.
8.1 The Goods are at the risk of the Buyer from the time of delivery.
8.2 Ownership of the Goods shall not pass to the Buyer until the Company has received in full (in cash or cleared funds) all sums due to it in respect of the Goods and all other sums which are or which become due to the Company from the Buyer on any account.
9.1 Unless otherwise agreed by the Company in writing, the price for the Goods and/or Services shall be the price set out in the Company's price list published on the date of delivery or deemed delivery.
9.2 The price for the Goods and/or Services shall be exclusive of any value added tax.
10.1 Payment of the price for the Goods is due at the time of ordering unless otherwise agreed.
10.2 Time for payment shall be of the essence.
10.3 No payment shall be deemed to have been received until the Company has received cleared funds.
11.1 The Company warrants that upon delivery, and for a period of five years from the date of delivery the Goods shall be of satisfactory quality within the meaning of the Sale of Goods Act 1979 and be reasonably fit for purpose. This warranty applies to hardware only. Fabric is subject to suppliers' guarantees.
11.2 The Company shall not be liable for a breach of any of the warranties unless the Buyer gives written notice of the defect to the Company within 7 days of the time when the Buyer discovers or ought to have discovered the defect.
12.1 Subject to conditions 4, 6 and 11, the following provisions set out the entire financial liability of the Company to the Buyer in respect of any breach of these conditions.
12.2 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
12.3 Nothing in these conditions excludes or limits the liability of the Company for death or personal injury caused by the Company's negligence or for fraud or fraudulent misrepresentation.
12.4 Subject to condition 12.3, the Company's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the Contract price; and the Company shall not be liable to the Buyer for any pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise.
13.1 The Company may assign the Contract or any part of it to any person, firm or company.
13.2 The Buyer shall not be entitled to assign the Contract or any part of it without the prior written consent of the Company.
The Company reserves the right to defer the date of delivery or to cancel the Contract or reduce the volume of the Goods ordered by the Buyer (without liability to the Buyer) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of the Company including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes.
15.1 Each right or remedy of the Company under the Contract is without prejudice to any other right or remedy of the Company whether under the Contract or not.
15.2 If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract shall continue in full force and effect.
15.3 The formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.
16.1 All communications between the parties about the Contract shall be in writing and delivered by hand or sent by pre-paid first class post or sent by fax or email.
16.2 Communications shall be deemed to have been received: if sent by pre-paid first class post, two days (excluding Saturdays, Sundays and bank and public holidays) after posting; if delivered by hand, on the day of delivery; if sent by fax or email on a working day prior to 4.00 pm, at the time of transmission and otherwise on the next working day.
16.3 Communications addressed to the Company shall be marked for the attention of the Sales Director.