Terms & Conditions

1 Interpretation
1.1 In these Conditions:
‘Charges’ means all monies payable by You to Us in respect of the provision of Goods and/or Services ‘Cooling Off Period’ means 7 days from and including the date of the Order Acknowledgement, or up to and including the Factory Correction Date as detailed on the Order Acknowledgement ‘Conditions’ means Our standard terms and conditions set out in this document as varied from time to time ‘Contract’ means the contract for the provision of the Goods and/or Services which contract shall be formed at the date We issue an Order Acknowledgement accepting Your order ‘Delivery’ means the delivery of the Goods to the address for delivery specified in the Order Acknowledgement
‘Deposit’ means the deposit sum specified in the Order Acknowledgement
‘Force Majeure’ means weather, strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of Us or a third party), difficulties in obtaining raw materials, labour, fuel, parts or machinery, power failure or breakdown in machinery, failure of its supplier’s or contractor’s or any other event or circumstances beyond our reasonable control
‘Goods’ means the goods to be provided by Us to You as set out in the Order Acknowledgement
‘Order Acknowledgement’ means the written document marked order acknowledgement provided by Us to You for the purpose of accepting your order
‘Services’ means the services to be provided by Us to You as set out in the Order Acknowledgement
‘Us’/ ‘We’ means Landmark Window Solutions Limited (registered number 6929008) whose registered office is at C J Fellowes Limited Carnac Place, Cams Hall Estate, Fareham PO16 8UY (and ‘Our’ shall be construed accordingly)
‘Working Days’ means any day excluding Saturdays, Sundays and Bank Holidays
‘You’ means the person who is named on the Order Acknowledgement for whom We have agreed to provide Goods and/or Services in accordance with these Conditions (and ‘Your’ shall be construed accordingly)
1.2 Except where the context requires otherwise the singular includes the plural and vice versa; a reference to one gender includes all genders; words denoting persons include firms and corporations and vice versa.
1.3 Headings are included in these Conditions for ease of reference only and shall not affect interpretation or construction.
1.4 References to paragraphs are, unless otherwise provided, references to paragraphs in these Conditions.
2 Supply of Goods and/or Services
2.1 All quotations given, orders accepted or contracts entered into between Us and You for the supply of Goods and Services are subject to these Conditions.
2.2 All other terms and conditions, whether expressly stipulated by You or implied by trade custom, course of dealing or otherwise are excluded. No variation to the Conditions will be effective unless agreed in writing by one of Our Directors.
2.3 No order submitted by You shall be deemed to be accepted by Us unless and until such time as we issue an Order Acknowledgement. There shall be no contract between us until such time as we issue an Order Acknowledgement.
3 Order and Specification
3.1 You shall be solely responsible for ensuring the accuracy of any order, including any applicable specification, and for checking the accuracy of the Order Acknowledgement.
3.2 You shall supply Us with all information required by Us in order to provide the Goods and/or Services, within sufficient time to allow Us to provide the Goods and/or Services in accordance with the Contract.
3.3 We shall be entitled to correct any typographical or other errors or omissions in the Order Acknowledgement or other document relating to the provision of the Goods and/or Services. We shall have no liability to You in respect of any such typographical or other error.
3.4 We may at any time without notifying You make any changes to the Goods or Services which are necessary to comply with any applicable safety or other statutory requirements, or where materials or goods are no longer available provided always that such changes do not materially affect the nature or quality of the Goods and/or Services.
4 Cancellation by You
4.1 You are entitled to cancel your order at any time during the Cooling Off Period.
4.2 Following the expiry of the Cooling Off Period, You shall only be entitled to cancel your order with the prior written agreement of one of Our directors.
5 Price and Payment
5.1 The price of the Goods and/or Services shall be the price set out in the Order Acknowledgement.
5.2 All sums invoiced to You by Us shall be paid by You (together with any applicable Value Added Tax, and without any set-off or other deduction) on presentation of our invoice. Time for payment shall be of the essence.
5.3 All price estimates are valid for 60 days only, after which time they may be altered by Us without giving notice to You.
5.4 We reserve the right, by giving notice to You at any time before delivery, to increase the price of the Goods to reflect any increase in the cost to Us which is due to any change in delivery dates, quantities or specifications for the Goods which is requested by You, or any delay caused by any instructions of You or failure of You to give Us adequate information or instructions.
5.5 A deposit is required to progress an order to the amount of 40% of the Order value including Value Added Tax where applicable, to be charge at the rate current at the time of invoice
5.5.1 A further payment is required as cleared funds prior to release of the products from the factory to the amount of 40% of the Order value including Value Added Tax where applicable, to be charged at the rate current at the time of invoice
5.6 The balance of the Order value is required, as cleared funds, prior to release of the products for collection or delivery.
5.7 Requests for alternative terms of payments can be considered
5.7.1 Provided that an agreement from a company director is given in writing prior to acceptance of order
5.7.2 Subject to status and authorised credit worthiness
5.7.3 The outstanding amount at time of collection or delivery is no greater than 20% of the Order value
5.7.4 An authorised signatory is present to sign a collection or delivery note accepting the products and acknowledging all items are in good condition
6 Delivery of Goods
6.1 Delivery of the Goods shall, unless otherwise agreed in writing, be made by the delivery the Goods to the location specified in the Order Acknowledgement.
6.2 Where a customer fails to take delivery of goods, we will comply with the Torts (interference with goods) Act 1977 to determine storage costs and disposal if so required
6.2.1 store the Goods until actual delivery and charge You for the reasonable costs (including insurance) of storage; or
6.2.2 sell the Goods at the best price readily available and (after deducting all reasonable storage and selling expenses) account to You for the excess over the price under the Contract or charge You for any shortfall below the price under the Contract.
6.3 Any dates or times for delivery of Goods set out in the Order Acknowledgement or otherwise provided by Us to You are approximate only. We shall not be liable to You for any loss or damage whatsoever resulting from any late delivery or performance.
6.4 Where Goods are delivered by instalments, any breach by Us in respect of any one or more instalments shall not entitle You to terminate the Contract in whole or part.
6.5 We accept no responsibility whatsoever for loss or damage to the Goods while in transit if carried by a carrier nominated or requested by You or by any carrier who is the servant or agent of You.
6.6 Should the Goods be damaged or the order be incomplete, the client should advise us immediately if practical or at the earliest reasonable time
6.6.1 We shall not be liable to You for any loss or damage whatsoever resulting from the delivery of Goods that are found to be damaged or the order being found to be incomplete.
6.7 We shall not be required to provide any of the Goods or Services to You until such time as You have paid in full any Deposit set out in the Order Acknowledgement.
7 Risk & Title
7.1 Risk of damage to or loss of the Goods shall pass to You on Delivery.
7.2 Notwithstanding the passing of the risk, We shall retain title to and ownership of the Goods until We have received payment in full of all sums due for such Goods.
7.3 Until title in the Goods has passed to You, You shall be in possession of the Goods as a bailee of the Goods for Us. You shall store the Goods, properly insured and protected, separately from any goods belonging to You or any third party, and shall be clearly marked and identifiable as being Our
property. We shall be entitled to enter your premises upon reasonable notice to verify your compliance with this paragraph 7.
7.4 If any of the circumstances set out in paragraph 10 below arise, We shall have the right, without prejudice to any other remedies:
7.4.1 to enter, without prior notice, any premises where the Goods may be, and to repossess and dispose of any such Goods;
7.4.2 to require You not to resell or part with possession of any Goods until You have paid in full all sums due to Us under this or any other contract;
7.4.3 to charge You compound interest (running before and after judgement) on all overdue sums at the rate of 4% per annum above the base rate from time to time of Nat West Bank Plc. Interest shall be payable from the date such sum became due to Us until You pay such overdue sum in full together with such interest;
7.4.4 suspend or cancel further supply of Goods and Services whether under this or any other Contract until You make payment in full of all sums then due to Us together with any applicable interest.
7.5 You shall not be entitled to pledge or in any way charge by way of security any of the Goods which remain the property of Us. If You act in breach of this paragraph 7.5 all monies owing by You to Us shall (without prejudice to any other right or remedy of Us) forthwith become due and payable.
8 Warranty and Liability
8.1 All representations, warranties and conditions implied by trade custom, course of dealing, statute, common law or otherwise are excluded to the fullest extent permitted by law.
8.2 To the maximum extent permitted by law neither We nor any of Our directors, employees, agents or other representatives shall be liable for loss or damage arising out of or in connection with the provision of the Goods and/or Services. For the purposes of this paragraph loss and damage shall include (but not be limited to) any compensatory, direct, indirect or consequential damages, loss of data, income or profits, loss of or damage to property or claims by third parties, and Our liability under or in connection with the Contract shall not exceed the amount of the total sum invoiced by Us to You for the provision of the Goods and/or Services, except as expressly provided in these Conditions
8.3 Your statutory rights are not affected by the terms of this paragraph 8.
9 Force Majeure
9.1 We shall not be deemed to be in breach of the Contract or otherwise liable to You, by reason of any delay in performance, or non-performance of its obligations under the Contract to the extent that such delay or non-performance is prevented or hindered by reasons of Force Majeure.
9.2 In the event of Our performance of the contract being affected by a Force Majeure, We shall be entitled, without liability to You, to vary the terms of the Contract including but not limited to extending the time for performing the Contract.
10 Termination
10.1 We may at any time by notice in writing to You terminate the Contract with effect from the date of the service of such notice if:
10.1.1 You commit a material breach of the Contract and fail to remedy such breach within 14 days after We have given written notice to You identifying the breach and requiring it to be remedied;
10.1.2 You fail to pay any sums invoiced by Us by their due date;
10.1.3 You provide incomplete or materially inaccurate or misleading facts or information in connection with the Contract;
10.1.4 a bankruptcy petition or winding up petition is presented against You;
10.1.5 an event occurs which, under the law of any jurisdiction, is analogous to 10.1.4;
10.1.6 any attachment order is made against You or any distress diligence execution or other legal process is levied on any property of You;
10.1.7 the results of any credit search on You are unsatisfactory in Our opinion.
11 Data Protection
11.1 You hereby agree to notify Us should any of the information that You have provided to Us changes, including but not limited to any change of contact details.
11.2 You hereby authorise Us to use information held by Us relating to You for any of the following purposes:
11.2.1 to assist Us in its’ performance of the Contract; and
11.2.2 to provide You with statements of account; and
11.2.3 to conduct a credit check with a credit reference agency on You; and
11.2.4 to pass to a courier in connection with delivery of the Goods.
11.3 We hereby notify You that any information provided by You to Us in the course of providing the Goods and/or Services may be kept throughout the continuance of the trading relationship between us and for up to [6] years thereafter.
12 Miscellaneous
12.1 The expression “in writing” and “written” includes fax transmission but does not include electronic mail.
12.2 We shall be entitled to sub-contract any or all of its obligations under the Contract and You shall at our cost do all such things as may be necessary to enable Us to so assign the Contract.
12.3 Any failure or neglect by Us to enforce at any time any provision of the Contract shall not be construed nor deemed to be a waiver of any of Our rights under the Contract.
12.4 The Contract shall be governed and construed in accordance with English Law and the parties hereby submit to the non-exclusive jurisdiction of the English courts in relation to any claim or controversy arising out of or connected with the Contract.
12.5 For the purposed of the Contracts (Rights of Third Parties) Act 1999 and (notwithstanding any other provision of the Contract) the Contract is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.
12.6 These Terms together with the Order Acknowledgement contains the entire agreement between the parties and supersede all previous agreements and understandings between the parties. Neither document may be modified except by an instrument in writing signed by the duly authorised representatives of each of the parties.
12.7 All communications between the parties under the Contract shall be delivered by hand or sent by first class post to the address of the party as set out in the Order Acknowledgement or to such other address as the party may from time to time have notified for the purpose of this paragraph.