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Terms and Conditions

The Garage Door Centre Ltd Terms and Conditions Applying to Emailed Sales Orders and the Contract Formed Thereafter.

Terminology
‘We and Us’ denotes The Garage Door Centre Ltd.
You’ denotes the person ordering the goods subject to these terms and conditions (the customer);
‘The Garage Door Centre’ constitutes The Garage Door Centre Limited and any other connected company that supplies the goods ordered by you from The Garage Door Centre Ltd web site.
‘Products’ constitute any items whatsoever available for sale from The Garage Door Centre Ltd.
‘Working day’ to be interpreted as Monday – Friday excluding English statutory public holidays.

This page (together with the documents referred to on it) informs you of the terms and conditions on which we supply any of the products shown on the sales order form that will be sent to you via email. Please read these terms and conditions carefully before confirming acceptance of your emailed order form. Please understand that by confirming acceptance of your emailed order form, you agree to be bound by these terms and conditions. Please click on the button marked "I Accept" at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to confirm acceptance of your order.

Please note references to a Consumer apply only if you are acting as an individual and not in the course of your trade, profession or business. References to a Business apply only when you are acting in the course of your trade, profession or business. All other terms apply equally in all circumstances.

Together with the completed order form, these Terms and Conditions constitute the entire and only agreement between us in relation thereto. Our acceptance of your order constitutes a legally binding contract between ourselves and yourself subject to these terms and conditions.

1 Order Acceptance
Order acceptance
To accept this order you must be legally capable of entering into binding contracts and be at least 18 years old

All orders are accepted based on the information that you supply. It is the responsibility of you, the customer to ensure all details supplied are accurate to your requirements. We cannot accept any responsibility for any products that you order incorrectly nor can we restock products or accept returns.

1.1 Non-Credit Account Customers and Credit Account Customers
Where an order form has been accepted by the customer by email, the order form will be deemed to be correct and confirms your contract with The Garage Door Centre Ltd. It is the responsibility of the customer to check the details on their order and inform The Garage Door Centre Ltd of any errors or omissions and to not accept the emailed order form.

1.2 Should the customer be unable to accept delivery or installation on the original requested date, The Garage Door Centre Ltd reserves the right to invoice the full value which will become payable as per the terms of the order.

Supply and Installation Customers
1.3 All orders are accepted by The Garage Door Centre Ltd on the basis that all reasonable efforts will be made to fulfil the order to the agreed specification. However should an error have been made by The Garage Door Centre Ltd that renders the order impossible to fulfil the customer will, where possible, be offered an alternative product/fitting position of a similar value or be given the opportunity to cancel their order and have any monies paid returned to them. The Garage Door Centre Ltd will not under any circumstances accept responsibility for any consequential loss suffered whatsoever by any cancellations.
1.4 Payment for any work undertaken that is the subject of an insurance claim will be solely the responsibility of the customer who places the order unless otherwise agreed in writing prior to the order being accepted by The Garage Door Centre Ltd.
1.5 Should the structural condition of the garage/opening differ substantially from the date of survey to the point of installation, to a degree that renders the installation either unsafe or unachievable, The Garage Door Centre Ltd reserve the right to cancel the contract and offer the customer the opportunity to renegotiate. Should the customer refuse this, then the contract will be cancelled and The Garage Door Centre Ltd will retain the deposit.
1.6 Every effort is made to carry out an accurate survey. However, should any error be made in carrying out the survey that subsequently renders the installation unrealisable, The Garage Door Centre Ltd will use all reasonable endeavours to rectify the situation. How ever liability will not be accepted for any consequential loss whatsoever. In such cases The Garage Door Centre Ltd will conduct a further survey and the customer will be offered alternative options as appropriate. Should the customer then not wish to proceed then any monies paid will be automatically be refunded.
1.7 Should The Garage Door Centre Ltd not have conducted a survey and you, the customer, have provided all measurements and information that your order has been based upon then The Garage Door Centre Ltd will not accept any liability whatsoever for incorrectly ordered products.

2 Deposits
Non-Credit Account Customers
2.1 A minimum deposit of 30% must accompany orders for doors or related items that are deemed standard by The Garage Door Centre Ltd.
2.2 A minimum deposit of 50% must accompany orders for all bespoke / non standard doors or related items.
2.3 Deposits are non-returnable save as referred to above in para 1.6 or ‘The Right to Cancel within 7 days’ if you are a consumer.
Credit Account Customers
2.4 A minimum deposit of 50% must accompany orders for all bespoke doors or related items.

3 Installations
Supply and Installation Customers
3.1 The Garage Door Centre Ltd reserves the right to alter the size or material of frames in order to complete an installation.
3.2 The Garage Door Centre Ltd cannot guarantee 100% weather sealing whether it is top, bottom or side of any garage door.
3.3 The Garage Door Centre Ltd will not to undertake any remedial work to the customer’s property other than that clearly stated on the signed order form.

4 Fitting Dates, Access and Site Preparation
Supply and Installation Customers
4.1 The Garage Door Centre Ltd will attempt to fulfil the installation date as requested by the customer. However no date or lead-time can be guaranteed.
4.2 The Garage Door Centre Ltd reserves the right to alter any installation dates that have been indicated should circumstances arise that prevent the undertaking of that installation on the agreed date.
4.3 The customer will undertake the following actions:
A) Ensure that the garage is clear to a depth of at least 9ft from opening prior to the arrival of the installation engineer.
B) Ensure that keys and/or access is available at the agreed installation time.
C) Should the agreed installation need to be altered by the customer, to give a minimum of 48 hours notice to The Garage Door Centre Ltd.
Failure to comply with these conditions could result in the customer being rendered liable for the cost of all abortive work.
It is recommended that the customer be present for the duration of the demonstration of the door by the engineer after installation.

5 Delivery Dates and Offload (Supply only)
5.1 The Garage Door Centre Ltd will attempt to accommodate the delivery dates as indicated by the sales person and/or requested by the customer. However no date or lead-time can be guaranteed. The Garage Door Centre Ltd reserves the right to alter delivery dates should circumstances arise that prevent the undertaking of that delivery on the agreed date.
5.2 Unless specifically agreed by The Garage Door Centre Ltd when the customer places order, the customer must agree to provide assistance to offload on the delivery date. Failure to do so could result in the door/s being returned to The Garage Door Centre Ltd and a charge for the aborted delivery levied.

6 Warranty /Guarantee
6.1 All garage doors are covered by the warranty issued by the manufacturer.
6.2 In addition The Garage Door Centre Ltd undertakes to guarantee, for 12 months from the date of us fitting, any faulty installation.
6.3 All implied terms, conditions and warranties relating to the quality and/or fitness for the purpose of any door are excluded.
6.4 Transfer of the manufacturer warranty to a new occupant is determined by that manufacturer’s own conditions.
6.5 Supply Only of Products (not installed by The Garage Door Centre Ltd)
To claim under the terms of any warranty you will need to notify us of the manufacturing fault by email or writing to The Garage Door Centre. You will need to include the original order number in this mailing/letter together with full details of your claim. The Garage Door Centre will contact the manufacturer who will arrange to inspect the product. The manufacturer will determine whether the problem is a valid warranty claim. Should the problem be covered under the terms of the warranty the manufacturer will either repair the product or replace the produce on a supply only basis. Should the problem not be covered under the manufacturer’s warranty terms a charge may be made to you by The Garage Door Centre or the manufacturer for the visit.

All products must be installed and maintained in accordance with the manufacturers instructions and guidelines. Failure to comply with the manufacturer instructions will render the warranty invalid.

Terms and conditions of all manufacturers warranties are available on request.


7 Payments
7.1 Non-Credit Account Customers: Balance of payment is due as cleared funds 3 working days prior to planned installation / delivery date.
7.2 Credit Account Customers: Payment shall be made strictly as the terms already agreed.
7.2.1 The Goods shall be at the Buyer’s risk as from delivery.
7.2.2 In spite of delivery having been made property in the Goods shall not pass from The Garage Door Centre Ltd until:
The buyer shall have paid the price plus VAT in full; and
No other sums whatever shall be due from the Buyer to The Garage Door Centre Ltd
7.2.3 Until property in the Goods passes to the Buyer in accordance with clause (7.2) the Buyer shall hold the Goods and each of them on a fiduciary basis as bailee for The Garage Door Centre Ltd. The Buyer shall store the Goods (at no cost to The Garage Door Centre Ltd) separately from all other goods in its possession and marked in such a way that they are clearly identified as The Garage Door Centre Ltd’s property.
7.2.4 Notwithstanding that the Goods (or any of them) remain the property of The Garage Door Centre Ltd the Buyer may sell or use the Goods in the ordinary course of the Buyer’s business at full market value for the account of The Garage Door Centre Ltd. Any such sale or dealing shall be a sale or use of The Garage Door Centre Ltd’s property by the Buyer on the Buyer’s own behalf and the Buyer shall deal as principal when making such sales or dealings. Until property in the Goods passes from The Garage Door Centre Ltd the entire proceeds of sale or otherwise of the Goods shall be held in trust for The Garage Door Centre Ltd and shall not be mixed with other money or paid into any overdrawn bank account and shall be at all material times identified as The Garage Door Centre Ltd’s money.
7.2.5 The Garage Door Centre Ltd shall be entitled to recover the Price (plus VAT) notwithstanding that property in any of the Goods has not passed from The Garage Door Centre Ltd.
7.2.6 Until such a time as property in the Goods passes from The Garage Door Centre Ltd the Buyer shall upon request deliver up such of the Goods as have not ceased to be in existence or resold to The Garage Door Centre Ltd. If the Buyer fails to do so The Garage Door Centre Ltd may enter upon any premises owned occupied or controlled by the Buyer where the Goods are situated and repossess the Goods. On the making of such request the rights of the Buyer under clause (7.6) shall cease.
7.2.7 The Buyer shall not pledge or in any way charge by way of security for any indebtedness any of the Goods which are the property of The Garage Door Centre Ltd. Without prejudice to the other rights of The Garage Door Centre Ltd, if the Buyer does so all sums whatever owing by the Buyer to The Garage Door Centre Ltd shall forthwith become due payable.
7.2.8 The Buyer shall insure and keep insured the Goods to the full Price against “all risks” to the reasonable satisfaction of The Garage Door Centre Ltd until the date that property in the Goods passes from The Garage Door Centre Ltd, and shall whenever requested by The Garage Door Centre Ltd produce a copy of the policy of insurance. Without prejudice to the other rights of The Garage Door Centre Ltd, if the Buyer fails to do so all sums whatever owing by the Buyer to The Garage Door Centre Ltd shall forthwith become due and payable.
7.2.9 The Buyer promptly deliver the prescribed particulars of this contract to the Registrar in accordance with the Companies Act 1985 Part XII as amended. Without prejudice to the other rights of The Garage Door Centre Ltd, if the Buyer fails to do so all sums whatever owing by the Buyer to The Garage Door Centre Ltd shall forthwith become due and payable.
7.2.10 Without prejudice to its other rights, The Garage Door Centre Ltd shall be entitled to charge interest on any amount not paid within 30 days of its due date at the rate of 4% above base rate (as per HSBC) per month from the due date until the time of actual payment.

8 Cancellations
8.1 We cannot accept cancellations of orders  - any cancellation of orders will render the customer liable to the forfeit of their deposit.
The only exceptions to this will be:
Circumstances as described in clause 1.6. In these circumstance a full refund of any monies paid will be made or cancellations made under the 7 day right to cancel – consumers only. If you are a consumer and you wish to exercise your ‘Right to Cancel’ you must do so in writing (or email) within the 7 days.

9 Damages and Shortages
Any damage/shortages must be notified to us within 3 days of delivery, no claims will be accepted after this time.



 
 

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