Page 26 - outdoor-living

Terms and Conditions of Sale

Unless otherwise agreed in writing these according to agreed credit terms. filings, scale, etc.), chemical and electrolytic
conditions constitute the only conditions upon In the case of late payment a cash payment may phenomenon;
which DELABIE UK Ltd. (“The Company”) is be required, replacing existing conditions. - lack of supervision, poor storage or poor
willing to supply the goods specified. We will not accept any set-off, only our assets maintenance;
have a legal value. - product modifications or actions by the
The Company does not sell directly to customer, or a third party, without our
members of the public: DELIVERY TIMES: authorisation using non-DELABIE components
- The price list is provided for guidance only and Despatch dates are indicative only and we shall and/or consumable items.
does not constitute a contract. The wholesalers not be liable for any delay or failure in carrying - errors, carelessness, negligence or incorrect
and installers are free to determine their prices out our obligations where the delay or failure to information from the client;
in accordance with current regulations, taking deliver is caused by risks of manufacturing or - products past their expiry date.
into account their costs, services and warranty where the cause is beyond our control. Delivery The water-tightness of connections, joints and
costs they bear. delay will not give rise to compensation payment the product housing is the responsibility of the
- The Terms and Conditions are valid for all or goods rejection. professional responsible for installation, and
wholesale customers. must be guaranteed by them. Warranty excludes
For all other professionals (manufacturers, SHIPPING: joints, valves, washers and rubber seals.
export, etc.) or for any special manufacturing Orders are sent to our distributors. We do not However they would be supplied if the warranty
request, please contact us. deliver to site. The buyer assumes responsibility application requires them. Any finishes other
for carriage and packing costs for deliveries than chrome or nickel are also excluded from the
ORDERS AND QUOTATIONS: outside mainland UK. The carrier is solely warranty.
These will be processed in order of receipt. responsible for their delivery, and in the event In the event that the product has been
We do not accept open orders or orders for call- of delay, missing items, damage or other discontinued or manufacturing methods have
off. dispute, the customer must indicate this via the changed and replacements are not available,
All orders sent imply acceptance of our general delivery driver’s paperwork (either electronically similar alternative products will be offered.
terms and conditions of sale and customers or in hard copy) AND follow up with written Replacement under warranty will not extend the
waive any claims that may arise from clauses in notification sent by recorded delivery within duration of the original warranty.
their own documentation which may differ. 72 hours. A copy of this letter must be addressed The supplier’s civil liability is excluded in all cases
The customer agrees to these terms from the to us. listed above. It is limited to compliance with the
moment that we receive the order, which cannot The whole of the delivery cannot be rejected specifications and can only be initiated if the
be cancelled. Orders are accepted without because of partial damages and shortages. Customer has previously demonstrated the
obligation to deliver the order in full in one existence and extent of damage, a fault and the
delivery. PROPERTY IN GOODS: causal link between this fault and the damage.
Our commercial representatives are not Notwithstanding any agreed terms of sale, the It is limited to direct material damage, excluding
authorised to agree additional terms verbally, goods shall remain the property of the seller all immaterial or indirect damage such as loss
or to provide verbal guarantees beyond those until payment is made in full. The failure to meet of operation, profit, opportunity, commercial
provided in the written contract. a payment deadline may result in the reclamation damage, loss of profit.
In the event of default or delayed payment, the of these goods. The buyer assumes the risks The supplier’s liability, for all causes except
Company will be entitled to suspend deliveries of loss or damage, regardless of the means of bodily injury and gross negligence, is limited to
or cancel existing orders without any claim for delivery, as described in “DELIVERY TIMES” £650,000 per order or contract.
damages from the customer. and “SHIPPING” above, as well as liability for the
In the event of a change in circumstances of the damage they might cause. SPARE PARTS:
buyer, we reserve the right to cancel existing Spare parts and mechanisms that are essential
orders or to demand payment guarantees. WARRANTY AND RESPONSIBILITY: to ensure the correct operation of our products
Our quotes do not amount to specifications; Our finished goods delivered after 1 st January will be held in stock for 50 years from the date
specifiers and professional installers are solely 2024 are warrantied against any manufacturing of purchase. They are listed at the back of our
responsible for the choice of products according defect for a period of 30 years, including catalogues.
to their intended use, current regulations and electronic controls, excluding other electrical
recommended guidelines. accessories (e.g., hand dryers, etc.) which have a RETURNS:
3-year warranty from the invoice date. This does Goods may not be returned to us for credit
PRICE: not apply to products with an expiry date. Spare without our prior written approval obtained
Deliveries are invoiced according to the parts have a one-year warranty. by the buyer from the Company and they are
conditions in place at the date of despatch. Prices This warranty is limited to replacement or received in a good state (determined by our
are given without guarantee and they may be repair of defective components as determined goods inwards department). All transportation
changed without notice subject to fluctuations by our workshops in France but excludes the costs for returned goods must be paid by the
in costs, VAT or other taxes, according to the costs of spoilage, handling and carriage or buyer. Goods must be returned to our factory*
prevailing economic conditions. compensation, whatever they are. We are not with good protective packaging.
Price increases will be announced one month responsible for handling charges and the cost of Deliveries less than a month old will be refunded
prior to their application, and they apply to returning products to our workshops. at the invoiced price. For deliveries older than one
quotes and orders in hand. Disasters or major water damage as a result month, a deduction will be made for checking,
Orders will be despatched free-of-charge for all of manufacturing defects are covered by our handling and administration costs. A repair and
deliveries within mainland UK, excluding express product and/or public liability insurance. re-stocking fee will apply where appropriate.
deliveries. To invoke the warranty, the customer must Product returns are not permitted in the
immediately notify us in writing of the defects following circumstances: discontinued products,
PAYMENTS: attributed to the product, specifying the specially manufactured products, technical or
Unless otherwise stated, prices quoted are ex- conditions of use in place at the time of their aesthetic evolution of the product since the date
works and are exclusive of value added tax. All discovery and provide us with all relevant of purchase, scratched or damaged products,
prices will be subject to any value added tax at material elements demonstrating the existence products purchased more than one year
the appropriate rate. Payment terms, subject and nature of the defect. previously, products with an expiry date. If sent to
to credit approval and prior agreement, are Our warranty and responsibility does not include DELABIE, those products outside the scope of
strictly 30 days from invoice date. According to the following: returns will be immediately destroyed/recycled,
individual credit conditions and/or insurance - installation that does not comply with the and will not be returned to the customer.
requirements The Company reserves the right technical specification or current recommended The schedule of standard deductions is as
to request payment in advance of despatch guidelines; follows:
of goods on receipt of order. We do not give - worn parts; - return less than 1 month: refund at invoiced
discounts for early payment. - non-compliance with installation, user and price
The company understands and will exercise maintenance guides; - return between 1 and 3 months: deduction of
its statutory right to claim interest and - other factors independent of our products’ 15%
compensation for debt recovery costs under the quality, for example: detergents or abrasive - return between 3 months and 1 year: deduction
Late Payment of Commercial Debts (interest) cleaning products, the action of hard water, of 30%
Act 1998 legislation if invoices are not paid foreign bodies (e.g., gravel, sand, iron - return after 1 year: no refund possible.