Page 26 - Outdoor_living

Terms and Conditions of Sale

Unless otherwise agreed in writing these according to agreed credit terms. maintenance guides;
conditions constitute the only conditions upon In the case of late payment a cash payment may - other factors independent of our products’
which DELABIE UK Ltd. (“The Company”) is be required, replacing existing conditions. quality, for example: detergents or abrasive
willing to supply the goods specified. We will not accept any set-off, only our assets cleaning products, the action of hard water,
have a legal value. foreign bodies (e.g., gravel, sand, iron
The Company does not sell directly to filings, scale, etc.), chemical and electrolytic
members of the public: DELIVERY TIMES: phenomenon;
- The price list is provided for guidance only and Despatch dates are indicative only and we shall - lack of supervision, poor storage or poor
does not constitute a contract. The wholesalers not be liable for any delay or failure in carrying maintenance;
and installers are free to determine their prices out our obligations where the delay or failure to - product modifications or actions by the
in accordance with current regulations, taking deliver is caused by risks of manufacturing or customer, or a third party, without our
into account their costs, services and warranty where the cause is beyond our control. Delivery authorisation using non-DELABIE components
costs they bear. delay will not give rise to compensation payment
- The Terms and Conditions are valid for all or goods rejection. and/or consumable items.
wholesale customers. - errors, carelessness, negligence or incorrect
For all other professionals (manufacturers, SHIPPING: information from the client;
export, etc.) or for any special manufacturing Orders are sent to our distributors. We do not - products past their expiry date.
request, please contact us. deliver to site. The buyer assumes responsibility The water-tightness of connections, joints and
for carriage and packing costs for deliveries the product housing is the responsibility of the
ORDERS AND QUOTATIONS: outside mainland UK. The carrier is solely professional responsible for installation, and
These will be processed in order of receipt. responsible for their delivery, and in the event must be guaranteed by them. Warranty excludes
We do not accept open orders or orders for call- of delay, missing items, damage or other joints, valves, washers and rubber seals.
off. dispute, the customer must indicate this via the However they would be supplied if the warranty
All orders sent imply acceptance of our general delivery driver’s paperwork (either electronically application requires them. Any finishes other
terms and conditions of sale and customers or in hard copy) AND follow up with written than chrome or nickel are also excluded from the
waive any claims that may arise from clauses in notification sent by recorded delivery within warranty.
their own documentation which may differ. 72 hours. A copy of this letter must be addressed In the event that the product has been
The customer agrees to these terms from the to us. discontinued or manufacturing methods have
moment that we receive the order, which cannot changed and replacements are not available,
be cancelled. Orders are accepted without CLAIMS: similar alternative products will be offered.
obligation to deliver the order in full in one No claim will be allowed where the delay in Replacement under warranty will not extend the
delivery. reporting exceeds 7 days following receipt of the duration of the original warranty.
Our commercial representatives are not goods.
authorised to agree additional terms verbally, The whole of the delivery cannot be rejected The supplier’s civil liability is excluded in all cases
or to provide verbal guarantees beyond those because of partial damages and shortages. listed above. It is limited to compliance with the
provided in the written contract. specifications and can only be initiated if the
In the event of default or delayed payment, the PROPERTY IN GOODS: Customer has previously demonstrated the
Company will be entitled to suspend deliveries Notwithstanding any agreed terms of sale, the existence and extent of damage, a fault and the
or cancel existing orders without any claim for goods shall remain the property of the seller causal link between this fault and the damage.
damages from the customer. until payment is made in full. The failure to meet It is limited to direct material damage, excluding
In the event of a change in circumstances of the a payment deadline may result in the reclamation all immaterial or indirect damage such as loss
buyer, we reserve the right to cancel existing of these goods. The buyer assumes the risks of operation, profit, opportunity, commercial
orders or to demand payment guarantees. of loss or damage, regardless of the means of damage, loss of profit.
Our quotes do not amount to specifications; delivery, as described in “DELIVERY TIMES” The supplier’s liability, for all causes except
specifiers and professional installers are solely and “SHIPPING” above, as well as liability for the bodily injury and gross negligence, is limited to
responsible for the choice of products according damage they might cause. £650,000 per order or contract.
to their intended use, current regulations and
recommended guidelines. WARRANTY AND RESPONSIBILITY: SPARE PARTS:
Our finished goods delivered after 1 st January
PRICE: 2024 are warrantied against any manufacturing Spare parts and mechanisms that are essential
Deliveries are invoiced according to the defect for a period of 30 years, including to ensure the correct operation of our products
will be held in stock for 50 years from the date
conditions in place at the date of despatch. Prices electronic controls, excluding other electrical
are given without guarantee and they may be accessories (e.g., hand dryers, etc.) which have a of purchase. They are listed at the back of our
changed without notice subject to fluctuations 3-year warranty from the invoice date. This does catalogues.
in costs, VAT or other taxes, according to the not apply to products with an expiry date. Spare RETURNS:
prevailing economic conditions. parts have a one-year warranty.
Price increases will be announced one month This warranty is limited to replacement or Goods may not be returned to us for credit
prior to their application, and they apply to repair of defective components as determined without our prior written approval obtained
quotes and orders in hand. by our workshops in France but excludes the by the buyer from the Company and they are
Orders will be despatched free-of-charge for all costs of spoilage, handling and carriage or received in a good state (determined by our
deliveries within mainland UK, excluding express compensation, whatever they are. We are not goods inwards department). All transportation
deliveries. responsible for handling charges and the cost of costs for returned goods must be paid by the
returning products to our workshops. buyer. Goods must be returned to our factory*
PAYMENTS: Disasters or major water damage as a result with good protective packaging.
Unless otherwise stated, prices quoted are ex- of manufacturing defects are covered by our Deliveries less than a month old will be refunded
works and are exclusive of value added tax. All product and/or public liability insurance. at the invoiced price. For deliveries older than one
prices will be subject to any value added tax at To invoke the warranty, the customer must month, a deduction will be made for checking,
the appropriate rate. Payment terms, subject immediately notify us in writing of the defects handling and administration costs. A repair and
to credit approval and prior agreement, are attributed to the product, specifying the re-stocking fee will apply where appropriate.
strictly 30 days from invoice date. According to conditions of use in place at the time of their Product returns are not permitted in the
individual credit conditions and/or insurance discovery and provide us with all relevant following circumstances: discontinued products,
requirements The Company reserves the right material elements demonstrating the existence
to request payment in advance of despatch and nature of the defect. specially manufactured products, technical or
of goods on receipt of order. We do not give Our warranty and responsibility does not include aesthetic evolution of the product since the date
discounts for early payment. the following: of purchase, scratched or damaged products,
The company understands and will exercise - installation that does not comply with the products purchased more than one year
its statutory right to claim interest and technical specification or current recommended previously, products with an expiry date. If sent to
compensation for debt recovery costs under the guidelines; DELABIE, those products outside the scope of
Late Payment of Commercial Debts (interest) - worn parts; returns will be immediately destroyed/recycled,
Act 1998 legislation if invoices are not paid - non-compliance with installation, user and and will not be returned to the customer.