a. Defined Terms
1. “Seller” means Beards Blinds and Awnings.
2. “Buyer” means the person who buys or agrees to buy from the Seller.
3. “Goods” means articles and Services, which the Buyer agrees to buy from the Seller.
4. “Services” means the Services either in relation to the Goods to be supplied by the Seller to the Buyer as set out in the Specification or in relation to separately agreed installation and commissioning.
5. “Conditions” means these conditions and any special terms and conditions agreed in writing by the Seller.
6. “Price” is the price for the Goods and Services excluding carriage, packing, insurance or VAT unless otherwise stated.
7. “Contract” means the agreement between Beards Blinds and Awnings and the Buyer for the supply of Goods and Services of which these terms and conditions, any quotation provided by the Seller (or written thereto), and the Specification shall form part.
8. “Specification” means the specification for the Goods and Services, including any relevant plans and drawings, that is agreed in writing between Beards Blinds and Awnings and the Buyer.
9. Any order made by the Buyer whether or not a quotation has been given is subject to acceptance by the Seller and a Contract will only be formed when the Seller has accepted the Buyer’s offer to buy in writing.
10. All quotations are made and all orders are accepted subject to this Contract which excludes any other terms and conditions inconsistent therewith which a Buyer might seek to impose.
11. The Contract constitutes the entire agreement between the parties. The Buyer acknowledges that it has not relied on any statement representation or other warranty or assurance made or given on or behalf of the Seller which is not set out in the Contract.
12. These terms and conditions shall apply to the supply of bother Goods and Services except where specified to apply to one or the other.
13. Once a deposit is received for any product the order cannot be cancelled due to the product being made to measure.
14. These conditions apply to all Contracts for the sale of Goods or the provisions of Services by the Seller to the Buyer to the exclusions of all other terms and conditions including any terms and conditions which the Buyer may purport to apply under any purchase order confirmation or similar document.
15. No statement, description, information, warranty or recommendation contained in any catalogue, advertisement or other promotional material or made verbally by any of the agents or employees of the Seller shall operate to vary these conditions.
d. Orders, Specifications, Estimates and Quotations
16. Please note that the signing of any quote confirmation of order issued by Beards Blinds and Awnings or the payment of any invoice by a client constitutes an agreement with that client that they have read, understand and agree to the terms and conditions of Beards Blinds and Awnings. All estimates/quotes issued do not include any charges for any work, which has to be carried out due to client additions, omissions and alterations outside of or in addition to the specified information as detailed on any quote or confirmation of order signed by the client and or their representative. If a Buyer requires to be informed of additional costs to complete their work they must inform Beards Blinds and Awnings in writing at the time of signing the quote/confirmation of order. Any expenses or materials used in the production of any such work as well as any outside supplier’s costs and or expenses are due for payment in full.
17. All orders for Goods shall be deemed to be an offer by the Buyer to purchases Goods pursuant to and subject to these Conditions.
18. The Buyer shall be responsible to the Seller for ensuring the accuracy of the terms of any order (including any applicable specification) submitted by the Buyer, and for the giving the Seller any necessary information relating to the Goods within a sufficient time to enable the Seller to perform the Contract.
19. Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Conditions.
20. No order which has been accepted by the Seller may be cancelled by the Buyer except with the agreement in writing of the Seller and on terms that the Buyer shall indemnify the Seller in full against all costs (including the cost of labour and materials used), incurred by the Seller as a result of cancellation.
21. Due to the non-permanent structure of our outdoor products, on most occasions planning is not required; however, it is the customers responsibility to check its local planning laws and requirements prior to ordering.
e. Price and Payment
22. All prices quoted are inclusive of delivery & installation unless otherwise stated. “Value Added Tax will be charged at the current rate.” All quotations are valid for 60 days from issue. Beards Blinds and Awning reserves the right to alter the price and terms of the quotation. Beards Blinds and Awnings reserves the right to change any price without prior notification to allow for increase in costs or change in available materials if, upon inspection of the client’s order, they differ significantly from the
specification or timescales understood by Beards Blinds and Awnings when the quotation was given.
23. The Price shall be the Sellers quoted price at the date of acceptance of the order. All prices quoted are valid for 60 days only after which time they may be altered by the Seller without giving notice to the Buyer.
24. In the case of bespoke production work the Seller will give a written estimate of charges for the work to the Buyer. The parties recognise the difficulty of providing any fixed price quotation for the work of this nature.
25. The Price is exclusive of VAT for commercial Buyers and domestic Buyers the Price is inclusive of VAT, which is to be paid in addition at the prevailing rate, unless specifically itemised on the invoice.
26. Unless otherwise agreed in writing all payments of the Price for all Goods shall be made in pounds Sterling at the time of order and no Goods shall be dispatched or collection allowed until paid for in full.
27. In no circumstances shall the Buyer be entitled to make any deduction or withhold payment for any reason at all. Time for payment is of the essence.
28. In the event of unpaid invoices or termination of any agreements the Seller reserves the right to use the services of any 3rd party Agencies, Solicitors or data based Bureaus to recover any sums of money that falls due including all expenses and costs with interest.
29. If the Buyer cancels the Contract the Seller reserves its rights to make a charge for any costs and or losses incurred by it as a direct or indirect result of such cancellation.
30. If Goods are collected by the Buyer from the Seller risk passes when the Goods are taken by the Buyer. If the Seller delivers risk passes on delivery to the place directed by the Buyer.
31. Failure to deliver all the Goods does not affect the liability of the Buyer to pay for the Goods that have been delivered. The Buyer must notify Beards Blinds and Awnings in writing of any shortage or non-delivery within three working days. In the event of carrier damage, the customer must sign for the goods as damaged and notify Beards Blinds and Awnings in writing. Failure to do so will invalidate any claims for the goods.
32. The Seller is under no liability to the Buyer in respect of late or non-delivery of any Goods.
33. Dates of delivery are not the essence of this Contract.
34. If the Buyer is in breach of any of their obligations under the Contract the Seller may (without prejudice to the Seller’s right subsequently to determine the Contract for the same cause should it so decide) suspend further deliveries of goods without notice until any defaults by the Buyer are remedied.
35. Deliveries are quoted subject to the Buyer supplying all necessary assortment and finishing instructions within the sufficient time. Failing this, the Seller reserves the right to postpone delivery.
36. If the Buyer request delivery to be delayed, the Seller reserves the right to invoice the goods on the contracted delivery date.
g. Retention of Title
37. In spite of delivery by the Seller to the Buyer property the Goods remains in the Seller until the Price and VAT is paid to the Seller and interest in addition if due.
38. The Seller is entitled to recover the Price and VAT from the Buyer notwithstanding that property has not passed to the Buyer.
39. After the time for payment has expired the Seller has the right to collect the Goods from the Buyer wherever the Goods may be situated without giving any prior notice to the Buyer.
40. All terms, conditions and warranties (whether implied or made expressly) whether by the Seller or its servants or agents or otherwise relating to the quality or fitness for purpose are excluded.
41. The Buyer will inspect the Goods after delivery and should there be any defect failure to comply with sample or lack of quality the Buyer agrees that he will raise the matter with the Seller within 3 working days. The Seller will be under no obligation to the Buyer in respect of any matter not reported to the Seller within that time.
42. If the Goods are not in accordance with the Contract for any reason the Buyer’s sole remedy is limited to the Seller making good any shortage replacing the Goods or the defective parts of the Goods ordered and delivered or (at the Seller’s election) refunding a proportionate part of the price.
43. In the event of any breach of Contract by the Seller the remedies of the Buyer are limited to damages. Under no circumstances shall the liability of the Seller exceed the Price of the Goods.
44. All warranties and conditions whether implied by statute or otherwise are excluded from this Contract provided that nothing in this Contract restricts or excluded liability for death or personal injury cause by the negligence of the Seller or affect the statutory rights of a Buyer dealing as a consumer.
45. Where the Goods are to be manufactured or any process is to be applied to the Goods by the Seller in accordance with a specification submitted by the Buyer or where any designs have been supplied by the Buyer, the Buyer shall indemnify the Seller against all loss, damages, costs and expenses awarded against or incurred by the Seller in connection with or paid or agreed to be paid by the Seller in settlement of any claim for infringement of any patent, copyright, design, trade mark or other industrial or intellectual property rights of any other person which results from the Sellers use of the Buyer’s specifications.
46. The Seller may at any time and for any or no reason cancel this Contract at any time before delivery of the Goods and if the Seller does so the Seller shall in no case incur any liability to the Buyer, save for the obligation to repay any money paid by the Buyer to the Seller in connection with the Contract unless retained by way of set off against other liability of the Buyer to the Seller.
j. Service and Delivery
47. All service time and delivery dates quoted are from the receipt of the Buyers orders and origination in our office. Beards Blinds and Awnings reserves the right to alter these, if on inspection of the Buyers order they differ significantly from the specification understood by the Seller when the quotation was issued. Beards Blinds and Awnings will use its best endeavours to ensure that orders are completed within the times quoted but will not accept any liability for damages in the event of failure to comply. Delivery instructions will be adhered to closely but no responsibility can be accepted for delays. Beards Blinds and Awnings cannot accept any claim for consequential loss no matter how caused.
48. The Seller shall have the right to make any changes to the Service and/or the Specification which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services.
49. The decision as to products suitability for a particular end use must lie with the Buyer and what is fair and reasonable.
l. Alleged Faults
50. Immediately on receipt, the Buyer must inspect the Goods and make all necessary tests to establish the existence of any defects. Should any of the Goods delivered under the Contract be alleged to be defective, the Buyer undertakes to give immediate notice to Beards Blind and Awnings and not subject the good to any further process.
51. The Seller shall not be responsible for any injury, loss, damage, cost or expense suffered by the Buyer due to faults with the structure at the place of installation.
m. Passing of Risk
52. Risk in the Goods shall pass to the Buyer when the Goods are delivered to or deemed to be delivered to the Buyer or its agent and so long as legal ownership of the Goods remains with the Seller the Buyer shall insure the Goods to the full price against all risk with a reputable insurance company and whenever requested by the Seller produce a copy of the policy of insurance.
53. Notwithstanding sub-paragraph (51) above legal ownership of the Goods shall remain with the Seller which reserves the right to dispose of them until payment has been received in full.
54. Even when payment for the Goods and Services has been received in full by the Seller in respect of the Goods and Services delivered under the Contract ownership of the Goods shall remain with the Seller as aforesaid until payment has been received in full respect of all other sums due from the Buyer to the Seller on any account.
55. As long as title to the Goods remains with the Seller the Buyer may not encumber them or purport to transfer title to them for security purposes, nor shall the Buyer alter or deface any identification mark placed of the Goods. The Buyer shall immediately notify the Seller by registered or recorded delivery letter if a third party attempts to seize or exercise any lien over the Goods. The Buyer shall bear the cost of any action resulting from such attempt seizure or lien
56. At any time when the Seller has title to the Goods it may be notice request delivery up of the Goods. If the Buyer fails to do so the Seller or its agents may enter upon premises owned, occupied or controlled by the Buyer where the Goods are sited and repossess the Goods.
57. No waiver by the Seller of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.
58. Neither party may assign the benefit of this Contract to any other.
59. A notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed to that other party at its registered office or principle place of business or such other place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party given notice.
q. Governing Law/Jurisdiction
60. This Contract is governed by the law of England and Wales, and the parties submit to its exclusive jurisdiction.
61. If any provision on these Conditions is held by a court or other competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these conditions and the remainder of the condition in question shall not be affected.
r. Force Majeure
62. Beards Blind and Awnings shall not be liable for the failure to carry out any Contract owing to an act of God, war strikes, lock-outs, fire, storm, breakdown of machinery or any other cause above and beyond our control or owing to inability to procure materials or Services except at increased prices.
s. Consequential Loss
63. In no circumstances whatever shall Beards Blinds and Awnings be liable for consequential loss.
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