In these conditions, “the Company” means Delphi Steel Buildings Ltd, “the Customer” means the person, partnership, firm or company so named above and “the Goods” mean the building kit, goods and/or services the Company is to supply in accordance with these conditions.
The Company shall sell the Goods to the Customer on these conditions, which supercede any other terms appearing in the Company’s literature (unless otherwise stated) and govern the contract to the exclusion of any of the Customer’s terms. No variation to these Conditions shall be made without the prior written consent of both parties.
Any error or omission in any document or information supplied by the Company may be corrected, without liability, by the Company. The drawings attached to the Acceptance of Order, form part of, and must be read in conjunction with, the specification for the Goods.
The Company will use all reasonable endeavours to supply the Goods in accordance with the specification, but this cannot be guaranteed and no condition or warranty to this effect, shall be implied except insofar as it meets the required legislation.
The Company is not responsible for any representations of its employees or agents unless confirmed in writing by the Company.
The Company accepts the Customer’s order, the details of which are given above. Such acceptance may be given either by email or by post.
The Customer is responsible for the accuracy of the order and for checking the Acceptance of Order, including any associated drawings or documents, within 48 hours of receipt. The Company will not be held responsible for any errors, or additional costs arising therefrom, if not notified by the Customer within the required timeframe. The Company will not be held responsible for any losses incurred by late delivery or project completion times due to circumstances outside its control.
Any quotation is not deemed to be an offer and can be withdrawn by the Company at any time and is only valid for acceptance, for a period of 30 days from the date of issue.
The Company reserves the right to increase the price of the Goods to reflect any increase in the cost of raw materials or labour, including any extra material for the Goods required to meet structural engineering calculations or to comply with local planning requirements.
The order value of the Goods excludes the cost of delivery, the cost of erection and structural engineering calculation fees, unless otherwise specified. VAT, at the current applicable rate, will be added to all charges made by the Company
Timeous payment is of the essence and can be made by Cheque, Bacs. or Chaps. The Company will take reasonable care to keep the Customer’s order details confidential. If the billing address and delivery address are different, a letter or email will be sent to the billing address to which the Customer will need to respond before the goods are despatched.
A binding agreement arises on acceptance of the Customer’s order and an invoice will be issued for the total value of the order. Payment from the customer is required in full before materials for the build kit are ordered. If the Customer fails to pay the price for the Goods, the Company reserves the right to cancel the order.
All payment shall be made in sterling, in full, without deduction or set-off.
Changes to the drawings and specifications may be requested by the Customer, until the manufacturing process has commenced, but the Company reserves the right to amend the order value to reflect the cost implications of such changes. Where changes to the design increase the order value, payment in full must be received from the Customer before the commencement of manufacturing.
It is the Customer’s responsibility to insure, and properly secure, all goods supplied, for their full value, once delivery to site, has taken place. The Company accepts no responsibility for any goods lost, stolen or damaged on site.
The Goods shall remain the property of the Company, as legal and equitable owners, and no property in them shall pass to the Customer until their full price has been duly paid to, and received by, the Company, together with all other sums whatsoever which are, or may become, due from the Customer.
The Company shall be entitled to deliver the Goods in one or more consignments, unless otherwise agreed. Any delivery dates given are only approximate. The Company will reasonably endeavour to deliver all goods ordered by the required delivery date but cannot be held responsible for delays caused by extended manufacturing lead times or any other circumstances beyond its control. The Company accepts no liability for delay arising from any cause, whatsoever.
If the Customer fails to take delivery of the Goods or fails to give the Company adequate delivery instructions, the Company may, without affecting any of its other rights or remedies, charge the Customer the cost of storage of the Goods.
It is the Customer’s responsibility to check all deliveries, immediately on receipt, for any damages, shortages or incorrect goods supplied, for which purpose Delivery/Usage Notes will be supplied by The Company. All damages, shortages or errors must be notified, in writing to The Company within 48 hours of delivery, accompanied by photographic evidence wherever possible.
The Company shall not be liable to the Customer, or be deemed to be in breach of contract, by reason of any delay in performing, or failing to perform, any obligation of the Company under the contract, if such delay was due to any cause beyond the Company’s reasonable control, including (but not limited to) Act of God, explosion, flood, tempest, fire, accident, war, threat of hostilities, sabotage, civil disturbance, acts and regulations of any authorities, industrial disputes, difficulties in obtaining materials or labour, power failure or machinery breakdown.
Once accepted by the Company, an order placed by the Customer cannot be cancelled except with the prior written agreement of the Company and on condition that the Customer indemnifies the Company in full against all loss (including loss of profit) and expenses incurred by the Company as a result of cancellation.
The Company reserves the right to retain some, or all, of the monies paid in advance by the Customer in settlement of claims for loss. The Company has a policy of not accepting any return goods due to each building being of bespoke design.
The Customer will undertake a thorough inspection of the building, within forty eight hours of the completion of the building, and notify the Company, in writing, of any items which the Customer considers to be missing, incomplete or faulty. The Company will arrange an inspection of the building and, if such a claim is found to be valid, will supply the necessary replacement parts.
Any complaints should be made in writing to the Company at Burnside House, Balblair, Dingwall, Ross-shire, IV7 8LT, U.K. The Company undertakes to fully investigate any such complaint and respond to the Customer within 7 working days from receipt of letter. This guarantee is in addition to any warranties or conditions implied by law and nothing in these terms affects your statutory rights.
The Company reserves the right to go to arbitration to resolve any issues that cannot be resolved in a reasonable and timely manner to its, and the Customer’s, satisfaction.
Any information the Company receives from the Customer, either by entering it on the Company’s Web-Site, communicated in writing, email and fax, verbally by telephone or by any other means will be stored, taking all reasonable care to keep sensitive data secure and to prevent any unauthorised access to it. Other than as required by law or in the
prevention of fraud, the Company will not pass any information in its possession to any other organisation or third party, except where such information is necessary for the successful completion of the order.
The Company has made every effort to display, as accurately as possible, the colours of its products that appear on its Web Site. However, the Company cannot guarantee that a monitor’s display will accurately reflect the colour of the actual product supplied. If there is any doubt, the Customer must request colour samples prior to ordering.
All pictures and colour samples for the Company’s products are for illustrative purposes only and are not intended as a guide to buying any product.
While every endeavour is made to be as accurate as possible, all sizes, weights and measurements quoted are approximate. The Company reserves the right to change any part, parts or components within the building kit to reflect changes in the design or manufacturing of said building kit. All goods supplied by the Company have been designed to comply with the product laws and regulations of the UK.
It is recommended that all necessary planning and building warrants have been obtained before ordering the building kit. It the Customer’s responsibility to ensure compliance with all building and planning regulations and the Company will take no responsibility for any losses incurred should this recommendation be ignored.
If the Company provides a service in applying for planning permission and obtaining a Building Warrant for the project, this may be subject to a separate charge, which must be paid before any work is undertaken. Such a service may be a complex and time consuming activity and the Company takes no responsibility, and cannot guarantee, that any such applications will be successful or the length of time for such processes.
The Company does not supply direct labour for the erection of the building kits, however a list of builders, who have experience in the erection of our product range, can be supplied on request. No warranty, implicit or actual, is made for any builder or erection contractor and it is the responsibility of the Customer to obtain satisfactory, third party references.
Erection of the building kit must only be carried out on foundations as per footings and foundation plans supplied by the Company and the Structural Engineers specification, where applicable, especially in regard to soil load bearing capabilities. Any information concerning the site, ground conditions, underground services, boundaries or access, that may affect the delivery or erection of the Goods, must be notified to the Company immediately.
All hire costs of plant and machinery are the responsibility of Customer, unless specifically stated otherwise in writing.
Compliance with health and safety regulations and the provision of method statements, including risk assessments, is the responsibility, and must be undertaken, by the Customer.
The Customer will provide a safe electricity supply to the site for use by the erection contractor. Where electrically operated doors are supplied as part of the Goods, it is the responsibility of the Customer to provide a safe electricity supply to those doors and carry out the electrical installation and connection.
The Company may, at its sole discretion, guarantee the quality of the Goods as regards workmanship and materials in accordance with the policies of the Company from time to time.
Save as expressly agreed in writing by the Company, and except where the Goods are sold to a person dealing as a consumer, within the meaning of the Unfair Contracts Terms Act 1977, all warranties, conditions or other terms implied by statute or common law, are excluded to the fullest extent permitted by law.
Except in respect of death or personal injury caused by the Company’s negligence, the Company shall not be liable to the Customer by reason of any representation, implied warranty, condition or term, or any duty at common law, under the contract for any consequential loss or damage, including loss of profit and whether caused by the negligence of the Company, or otherwise, arising out of the supply of the Goods or their use or resale, except as expressly agreed in writing by the Company. The statutory rights of consumers are not affected.
Except when these conditions expressly provide otherwise, the entire liability of the Company, under the contract, shall not exceed the price of the Goods.
The contracts shall be governed by the Laws of Scotland, where Jurisdiction resides