TWR Trade Frames Ltd and TWR UPVC Ltd-Terms and Conditions August 2020
Definitions. “The Seller” means TWR Trade Frames Limited &TWR UPVC Ltd. The “Purchaser” means the person, firm or company to be supplied by goods by The Seller. “Goods” means the products or services supplied by The Seller. “The Contract” means the contract for sale and purchase made between The Seller and Purchaser to which these conditions apply, contract refers to all orders placed by purchase order, written or verbal. “TWR Group” refers to TWR Trade Frames Ltd and TWR UPVC Ltd.
- Application of the Terms and Conditions
These terms and conditions are set out and herein will apply to all contracts for the sale of products by The Seller to the Purchaser. No other terms and conditions shall be binding upon the parties; this document embodies the entire understanding between the parties. There are no promises, terms, conditions, obligations written or verbal, expressed or implied, other than those contained in this document that are binding .
- These terms and conditions shall apply to all contracts for the sale of products and services by The Seller to the Purchaser, with exception to any written and agreed terms and conditions relating to special circumstances.
- By requesting a quotation and or placing a purchase order, written or verbal, the Purchaser and the Seller shall both be bound by these Terms and Conditions.
- The Seller reserves the right to alter, add and subtract from these terms and conditions at any time. The most up to date Terms and Conditions are available to view online at twrgroup.co.uk these online terms and conditions replace any previously agreed and it is the responsibility of the Purchaser to make themselves aware of the latest terms and conditions
- Requesting a quotation or placing a purchase order shall be deemed conclusive evidence of the Purchasers’ acceptance of these Terms and Conditions.
- Purchase orders are accepted only on condition of these terms and conditions.
- All Goods remain the property of The Seller until paid for in full.
- Purchase orders cannot be cancelled without the consent of The Seller.
- The Purchaser has 24 hours to notify The Seller of any changes to their Purchase order or to cancel.
- If The Purchaser cancels or amends their order outside of the 24 hour window then the Purchaser will be charged either the full cost of their order or a percentage depending on the orders manufacture status.
- If ‘confirmation of purchase order’ is sent but not clearly identified resulting in duplication, The Seller cannot accept responsibility, and both orders will be chargeable.
- If The Purchaser sends the same purchase orders to different staff members within TWR Group, resulting in duplication, The Seller cannot accept responsibility and both orders will be chargeable.
- The Purchase order will only be deemed accepted by The Seller once The Purchaser returns sign off sheets and when The Seller provides The Purchaser with an order confirmation.
- Order confirmations must be checked by The Purchaser on receipt and any amendments must be reported to The Seller within 24 hours.
- The Seller reserves the right to request re-drawings, templates and further information from The Purchaser should the initial Purchaser order be deemed inadequate.
- The Seller is not liable for penalties incurred by others for late or non-delivery without written acceptance of such penalties at the time of ordering or quotation.
- Delivery dates promised on enquiry or quotations are subject to current conditions and may change by the time of ordering.
- Delivery dates given at time of order and shown on order confirmations are subject to change, should the Goods on order not meet quality control or for delays relating to TWR Group suppliers, the delivery date will be re-scheduled for the next available date.
- By signing for Goods on delivery The Purchaser is signing and acknowledging that the Goods have been received in good condition. Any damages or missing items noted after being signed for must be raised within 24 hours of delivery, to allow The Purchaser time to unwrap the Goods.
- Offloading at the nominated delivery point is the responsibility of The Purchaser, a minimum of 2 persons is required. If The Purchaser has not arranged for persons to be available to off load or if the delivery point is inaccessible to the delivery driver then the Goods will be returned to The Seller and a new delivery date will be arranged at a cost of £50+VAT of which The Purchaser is liable to pay.
- The Seller only provides curb-side delivery, further moving of goods to site or establishment is the responsibility of The Purchaser.
- The Seller will not accept delivery forms signed “unchecked” The Purchaser is responsible for fully checking each order on delivery. If signed unchecked the condition of the goods will be considered in the same condition they were checked upon loading.
- All deliveries direct from The Sellers premises are free of charge to the agreed delivery address at time of order. Any changes to site or route will incur a £50+ VAT charge which The Purchaser is liable to pay.
- The Purchaser is welcome to collect Goods directly from The Seller when Goods are ready, but The Seller will not reimburse The Purchaser for transport costs.
- The Seller shall be under no liability to The Purchaser for any loss, damage, or injury direct or indirect resulting from delivery, defective material, workmanship or otherwise howsoever arising and whether or not caused by the negligence of The Seller or its employees and will not be liable for any third-party claims.
- It is company policy that all missing items must be reported by The Purchaser to The Seller within 7 working days. If missing items have been signed for on delivery by The Purchaser then replacement of the items will be chargeable. Any missing items reported outside of this 7 day window will be chargeable to The Purchaser for replacement.
- Any damaged items must be reported to The Seller within 24 hours of delivery or before the Goods have been moved on from the delivery point by The Purchaser. Any damage after this point will be chargeable to The Purchaser. Any damage caused to the Goods after fitting will be chargeable to The Purchaser.
- If The Purchaser arranges their own transport of Goods, once Goods are signed out of The Sellers premises the Goods become full responsibility of the Purchaser. Any damage caused to the Goods after they have left TWR group premises are not the responsibility of The Seller and therefore The Purchaser is fully liable for all costs to rectify the damage caused.
- If The Purchaser arranges their own transport of Goods, they accept full responsibility for checking all Goods ordered are present and correct. Any Goods flagged as missing after being collected will be fully chargeable for replacement.
- Deliveries are scheduled close together, so for this reason if The Purchaser is not at the delivery point on the agreed delivery date the TWR Group driver will only be able to wait for 15 minutes for The Purchaser or representative to arrive before leaving. The Purchaser will need to arrange a new delivery date of which they will be liable for a redelivery charge of £50+VAT.
- The Seller is unable to give an exact ETA as this is subject to traffic and weather conditions.
- For non-account customers, if payment of the balance has not been received at point of delivery by a TWR Group driver then the driver will leave the delivery point and a re-delivery will need to be arranged at a cost of £50+ VAT of which The Purchaser is liable to pay.
- Delivery points are agreed between The Purchaser and The Seller at time of ordered, and shown on the order confirmation. If The Purchaser wishes to change their delivery address they must notify The Seller a minimum of 48 hours before their scheduled delivery date. Any changes made after this 48 hour window will be chargeable and carry a re-delivery fee of £50+ VAT of which The Purchaser is liable to pay.
- Prices, quotations and payment of Goods
- All prices and quotations are based on current costs and may change without notice should The Seller receive price increase from their suppliers. Prices invoices will be those current at time Goods are dispatched.
- All invoices are inclusive of VAT
- The Seller only accepts payment in the form of cash, card payments or cleared BACS transactions. The Seller does not accept Cheques as a form of payment.
- Any disputes in costings shown on VAT invoice must be reported to The Seller within 7 days of Goods being delivered. If no disputes are raised The Purchaser is liable to pay the invoice in full.
- All quotations are held for 60 days, after this period they are subject to price changes and will need to be re-submitted.
- Terms of payment for non-account holders are 50% deposit to activate the order, to start the order process and then 50% balance to be made before Goods are delivered. All payments are to be made directly from The Purchaser to The Seller. Payment not directly from The Purchaser will void guarantees on Goods supplied.
If payment of the balance has not been received at point of delivery by a TWR Group driver then the driver will leave the delivery point and a re-delivery will need to be arranged at a cost of £50+ VAT of which The Purchaser is liable to pay.
- Terms of payment for account holders are strictly 30 days following month end of invoice, unless otherwise agreed in writing by The Seller. The Seller reserves the right to change payment terms as they see necessary.
- The Purchaser agrees to The Seller conducting credit checks when they apply for a credit account, this information is monitored and should The Purchasers financial position change The Seller reserves the right to close their credit account or reduce credit limit.
- Orders that require marine spec coating must be stated clearly on order by The Purchaser, it is solely The Purchaser’s responsibility to conduct a full survey of their customer’s site to determine if Marine Spec paint is required. The Seller is not responsible for defining paint specifications.
- Credit limits for account customers are based on The Purchasers current credit checks and are subject to change.
- Should The Purchaser default on payments, not make payments within terms, The Seller reserves the right to cancel or suspend any further deliveries without prejudice to their right of payments for any outstanding debts. All amounts owed to The Seller become due when a Purchaser is in default of payment. The Seller reserves the right to charge interest on overdue accounts in line with current base rate.
- If The Seller has to resort to legal action and or a debt collection agency to recover overdue debts, The Purchaser will be liable for all costs, interest and solicitor/collection fees.
- The Seller shall retain the title for all products supplied by them until such Goods are paid for in full. In the event of insolvency and where products supplied by The Seller have been resold, The Seller retains title to any Goods which have not been paid in full.
- Withheld payment of Goods that have been signed for in good condition and are not flagged as damaged on day of delivery will not be accepted and will need to be paid for without hesitance. Failure to make payment will result in a default of payment as outlined in section 4.8.
- Guarantees and remedial
The guarantees outlined below by The Seller are for standard products, should The Purchaser order products with Marine spec or containing outsourced products a new Guarantee will need to be requested by The Purchaser on quotation. The dates below are from date of delivery from The Seller to the Purchaser only. Guarantees are subject to correct fitting of products by The Purchaser or to whom they sold the Goods on to. Guarantees will be void if the Goods are fitted incorrectly or chemicals have been applied to the product.
Guarantees are between The Seller and The Purchaser, they cannot be transferred. The Purchaser is responsible for producing their own customer guarantees.
- The Seller offers a 7 year colourfast guarantee on all powder coated products.
- The Seller offers a 12 month guarantee on movable parts.
- The Seller offers a 5 year guarantee on all sealed units subject to glazing being in accordance to TWR Group instructions.
- The Seller offers a 12 month guarantee on any fitting service carried out, only if fitting is provided solely by TWR Group.
- The Purchaser is responsible for making The Seller aware of any remedial work to be carried out as soon as possible.
A site visit can be arranged between The Purchaser and The Seller. If the remedial work to be carried out is due to poor fitting on behalf of The Purchaser or The Purchasers customer then The Purchaser will be liable for all remedial costs and will be charged for a site visit, charges will depend on the location of the remedial, the work involved to rectify the problems. Costs will be outlined to The Purchaser and The Purchaser is fully liable to pay the remedial costs in full. The Seller reserves the right not to attend a site visit or carry out remedial work until payment has been received, if The Seller believes the issues are down to poor fitting on behalf of The Purchaser or their customer.
- Any problems caused by poor workmanship will be rectified by The Seller as soon as possible. The Seller will not offer reimbursement if The Seller actively acknowledges problems with manufacturing and is actively rectifying the matter. The Purchaser agrees up to 30 days to rectify a manufacturing fault is adequate time.