Terms & Conditions of Sale

Aanco (UK) Limited trading as Made For Trade

 

Conditions of Sale

The Customer's attention is drawn in particular to the provisions of clause 12, which limit the Company's liability to the Customer.

 

1. DEFINITIONS

In these Conditions, the following definitions apply:

The 'Company’ means Aanco (UK) Limited Trading as 'Made for Trade';

"Conditions" means the terms and conditions set out in this document as amended from time to time in accordance with clause 19.9;

The 'Contract' means the contract between the Company and the Customer for the sale and purchase of the Goods in accordance with these Conditions;

The 'Customer’ means the person, firm or company who purchases the Goods from the Company;

The 'Goods’ means the goods which the Company is to supply to the Customer as set out in the Contract;

The 'Korniche Roof Lantern' means the Korniche® roof lantern and associated installation apparatus supplied by the Company;

The 'Korniche Dimensional Specification' means any specification for the dimensions of the Korniche Roof Lantern that is agreed in writing by the Customer and the Company and which complies with the Korniche Technical Specification;

The 'Korniche Surveying Guide' means the surveying guide supplied by the Company providing guidance on how the Customer should measure the Korniche Roof Lantern to enable the Company to comply with the Korniche Technical Specification;

The 'Korniche Technical Specification' means the Company's technical specification and structural and environmental use parameters for the Korniche Roof Lantern in force at the relevant date of delivery;

The 'Order' means the Customer's order for the Goods as set out in order form sent by the Company to the Customer providing details of the Goods requested by the Customer;

The 'Order Confirmation Form' means the form issued by the Company to the Customer to confirm acceptance of an Order;

The 'Specification' means any specification for the Goods that is either:

(a) agreed in writing by the Customer and the Company; or

(b) in the case of Goods manufactured by third parties, adopted by the manufacturer of the Goods and available upon request;

The 'Qualicoat Specification' means the specification issued by Qualicoat for a quality label for liquid and powder organic coatings on aluminium for architectural applications in force at the date the Contract comes into existence.

 

2. BASIS OF CONTRACT

2.1. These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, customer, practice or course of dealing.

2.2. The Customer waives any right it might otherwise have to rely on any term endorsed upon, delivered with or contained in any documents of the Customer that is inconsistent with these Conditions.

2.3. By placing an Order, the Customer warrants that the Customer is legally capable of entering into a binding contract.

2.4. The Order constitutes an offer by the Customer to purchase the Goods in accordance with these Conditions. The Customer is responsible for ensuring that the terms of the Order and any applicable Specification are complete and accurate.

2.5. The Order shall only be deemed to be accepted by the Company when the Company issues an Order Confirmation Form, at which point and on which date the Contract shall come into existence. The Company will not issue an Order Confirmation Form unless it has received a signed Order from the Customer, accompanied by a deposit payment (where so required) in accordance with clause 4.1.

2.6. Any samples, drawings, descriptive matter or advertising produced by the Company and any descriptions or illustrations contained in the Customer's catalogues or brochures are produced for the sole purpose of giving an approximate idea of the Goods referred to in them and are provided for general guidance only. They shall not form part of the Contract nor have any contractual force.

2.7. A quotation for the Goods given by the Company shall not constitute an offer. A quotation shall only be valid for a period of 30 days from its date of issue.

 

3. PRICE

3.1. The price of the Goods shall be the price of the Goods set out in the Order.

3.2. The Company reserves the right by giving notice to the Customer at any time before delivery, to increase the price of the Goods to reflect any increase in the costs to the Company which is due to:

a. any factor beyond the control of the Company including but not limited to increases in the cost of raw materials;

b. any request by the Customer to change the delivery date(s), quantities or types of Goods ordered, or the Specification; or

c. any delay caused by any instructions of the Customer or failure of the Customer to give the Company adequate or accurate information or instructions.

3.3. All prices of the Goods, unless otherwise stated:

a. exclude amounts in respect of value added tax ("VAT"), which the Customer shall additionally be liable to pay to the Company at the prevailing rate, subject to the receipt of a valid VAT invoice; and

b. exclude the costs and charges of packaging, insurance and transport of the Goods, which shall be invoiced to the Customer and which the Customer shall be liable to pay in addition.

 

4. TERMS OF PAYMENT

4.1. Unless otherwise agreed by the Company in writing, Orders for United Kingdom Customers without a ledger account must be accompanied by a deposit payment of 50% of the total price of the Goods including any VAT and any packaging, insurance and transport charges identified on the Order. Such Customers shall make full payment of the balance of the total price of the Goods including any VAT and any packaging, insurance and transport charges identified on the Order prior to delivery.

4.2. Ledger accounts (where applicable) are opened subject to approval of references and at the sole discretion of the Company. The Company will make a search with a credit reference agency, which will keep a record of that search and will share that information with other businesses. The Company may also make enquiries about the directors and or owners of the business with a credit reference agency. The Company will monitor and record information relating to the Customer's trade credit performance and such records will be made available to other organisations to assess applications for credit. All ledger accounts are subject to any credit limit which the Company may, at its sole discretion, impose upon the Customer at any time and from time to time, and the Company may, at its sole discretion, withdraw credit terms at any time, in which case the Customer shall become immediately liable for all sums outstanding to the Company.

4.3. In the case of ledger accounts (where applicable) unless otherwise agreed by the Company in writing, the Customer shall pay the Company's invoices within 30 days following the month in which the Goods were dispatched or would have been dispatched save for postponement otherwise than due to default on the part of the Company, but if default is made in the payment of any one invoice these credit terms shall cease to apply and the Customer shall become immediately liable for all sums outstanding to the Company.

4.4. The Company shall be entitled to submit its invoice to ledger account Customers with its delivery advice note or at any time thereafter save that where delivery has been postponed at the request of or by the default of the Customer then the Company may submit its invoice at any time after the Goods are ready for delivery or would have been ready for delivery or would have been ready in the ordinary course but for the request or default as aforesaid. These credit terms may be withdrawn or amended at the discretion of the Company at any time and without notice to the Customer.

4.5. Where Goods are delivered by instalments to ledger account Customers the Company may invoice each instalment separately and the Customer shall pay invoices in accordance with these Conditions.

4.6. No disputes arising under or in connection with the Contract, nor delays beyond the reasonable control of the Company shall interfere with prompt payment in full by the Customer. The Customer shall pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding (except for any deduction or withholding required by law). The Company may at any time, without limiting any other rights or remedies it may have, set off any amount owing to it by the Customer against any amount payable by the Company to the Customer.

4.7. The time for payment for the Goods or any instalment shall be of the essence. In the event of default in payment by the Customer the Company shall be entitled without prejudice to any other right or remedy to suspend all further deliveries on any contract or contracts between the Company and the Customer without notice and the Company reserves the right to claim interest pursuant to the Late Payment of Commercial Debts (Interest) Act 1998 after as well as before judgement until payment in full is made.

Any credit terms extended by the Company shall cease on any change in the legal status of the Customer. Any change in the legal status of a Customer must be notified to the Company in writing signed by a Director or Proprietor. Credit terms will only be reinstated by the Company following such a change at the Company’s sole discretion and confirmed by the Company in writing signed by a Director of the Company.

 

5. CHANGES

5.1. If after the date of the Contract and before the date of delivery of the Goods, improvements are made in the design or specification of the Goods the Company may, on giving notice to the Customer, incorporate such improvements in the Goods sold to the Customer provided that:

a. the performance and quality of the altered Goods are at least equal to those of the Goods ordered; and

b. no variation to the price of the Goods is made except with the Customer's consent; and

c. delivery is not unreasonably delayed.

5.2. The Company shall not be obliged to make any alteration to the Goods whether arising by reason of the amendment of the regulations of a competent authority made subsequent to the date of the Contract or otherwise. Notwithstanding that, the Company reserves the right to amend the Specification if required by any applicable statutory or regulatory requirements.

 

6. DELIVERY

6.1. Time for delivery is given as accurately as possible but is not guaranteed. Time of delivery is not of the essence.

6.2. The Korniche Roof Lantern, conservatory roof kit and bi-folding door orders will be processed and delivered, planned and agreed that the Customer’s delivery day coincides, unless agreed previously.

6.3. Processing, construction and delivery times for Goods will vary according to the nature of the item/structure and a provisional time estimate will where possible be specified in the relevant Order Confirmation Form. Delivery times will be extended in the case of UK bank holidays and during the Christmas period.

6.4. The date of delivery shall in every case be dependent upon prompt receipt of all necessary information final instructions or approvals from the Customer, changes in design specifications or quantities required may result in delay in delivery.

6.5. The Company will endeavour to comply with reasonable requests by the Customer for postponement of delivery but shall be under no obligation to do so. When delivery is postponed otherwise than due to default by the Company the Customer shall pay all costs and expenses incurred by the Company in connection with such postponement including (but not limited to) a charge of 15% of the total value of the Contract for transportation and/or storage or restocking occasioned thereby and the Company shall be entitled to invoice the Goods in accordance with these Conditions.

6.6. Goods supplied in accordance with these Conditions cannot be returned without the Company’s prior written authorisation. Duly authorised returns shall be sent to the Company’s premises at the Customer’s expense and the Company shall be entitled to apply a 15% handling charge in respect of those Goods returned. For the avoidance of doubt, the Company shall not, in any circumstances, accept the return of any Goods which have been resold or undergone any manufacturing process.

6.7. Unless otherwise expressly agreed any packaging supplied by the Company is intended to be only sufficient to protect the Goods for all normal conditions of transit and for the normal period of transit only.

6.8. It is Company policy that drivers do not leave the rear of their vehicle during unloading. It is the sole responsibility of the Customer to ensure that the delivery location is safe and can accept delivery of the Goods and that the Customer made available sufficient and suitably skilled personnel and appropriate equipment to unload the Goods necessary for delivery safely. The Customer shall provide assistance for off-loading, i.e. forklift or two able bodied persons and the Company reserves the right to postpone delivery of any Goods where, in the Company's sole discretion, it determines that the Customer has failed to provide a safe delivery location and sufficient and suitable assistance to enable delivery to be completed. In the event that the Company at its discretion is unable to safely deliver the Goods or any part thereof, the Customer shall be responsible for the costs of re-delivery together with associated costs as set out in clause 6.5 above.

6.9. If the Company fails to deliver the Goods, its liability shall be limited to the costs and expenses incurred by the Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. The Company shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by an event beyond the Company's reasonable control or the Customer's failure to provide the Company with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods or the Customer's failure to comply with clause 6.8.

 

7. RISK AND TITLE

7.1. Risk shall pass to the Customer so that the Customer is responsible for all loss and damage or deterioration to the Goods:

a. if the Company delivers the Goods by its own transport at the time when the Goods or a relevant part thereof are unloaded at the place of delivery or if the Customer wrongfully fails to take delivery at the time the Company tendered delivery of the Goods; or

b. in all other circumstances at the time when the Goods or a consignment or other part thereof leaves the premises of the Company whether or not the Company arranges transport.

7.2. Title in the Goods or any part thereof supplied hereunder shall not pass to the Customer until payment has been made in full and cleared funds received for:

a. the Goods including any interest payable, and

b. all other goods the subject of any other contract between the Company and the Customer which at the time of payment of the price of the Goods have been delivered to the Customer.

7.3. Before title has passed to the Customer under the terms of this clause and without prejudice to any of its other rights, the Company shall have the right to recover or resell the Goods or any of them and may enter upon the Customer’s premises by its servants or agents for that purpose and in respect thereof the Customer shall take all reasonable precautions to protect the Goods from damage or loss arising from any cause and shall indicate that the Goods are the property of the Company.

7.4. In the event of a sale of the Goods by the Customer in the ordinary course of its business to a third party the Customer shall assign to the Company in writing its rights to recover the selling price from the third party concerned if so required by the Company.

7.5. As the insurable risk in the Goods shall pass to the Customer as soon as the materials are delivered to him or to his order and pending disposal the Customer shall keep the Goods insured in the amount of the price at which the Goods are sold to the Customer against all insurable risks.

7.6. If the Goods are destroyed by an insured risk prior to the same being paid for by the Customer, the Customer shall receive the proceeds of any such insurance as trustee for the Company.

 

8. CARRIAGE

8.1. Where prices of the Goods in the Contract include delivery to destinations in the United Kingdom, the Company will select the mode of transport at its own discretion with due regard to urgency and cost. No allowance will be credited for Goods collected from the Company’s premises by the Customer.

 

9. SHORTAGES AND DELIVERY DAMAGE APPARENT ON INSPECTION

No liability will be accepted regarding claims or complaints as to shortages or transport damage unless notified to the Company by telephone within 2 working days and confirmed in writing within 7 days. For the avoidance of doubt the Company has no liability for transport damage in relation to non-UK orders. Goods claimed to be subject to transport damage or a shortage must be notified to the Company immediately, and if it is agreed by the Company that the Goods are damaged or a shortage is apparent, the Goods will be replaced or repaired free of charge or at the option of the Company, allowed for credit, provided that such credit shall not exceed the value of the relevant Goods as invoiced and provided that the Customer shall, if required by the Company, return any damaged Goods at the Company's expense (subject to the Company's prior approval) in the same condition as they were supplied (agreed damage excepted).

 

10. GOODS WARRANTIES

10.1. Except in respect of the Korniche Roof Lantern (to which the provisions of clause 11 apply instead) and on the terms of this clause 10, the Company warrants that on delivery and for the relevant periods from the date of delivery set out in this clause 10 (Warranty Period), the Goods referred to within this clause 10 shall:

(a) conform in all material respects with their description and the Specification; and

(b) be free from material defects in design, material and workmanship; and

(c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979);

(d) in the case of the Goods referred to in clause 10.7, be free from foil delamination and maintain impact strength and shape retention; and

(e) in the case of the Goods referred to in clause 10.14, be free from peeling, powdering, blistering, corrosion (other than where caused by bending or folding after the application of paint), chalking, fading and loss of sheen in accordance with the Qualicoat Specification.

10.2. Subject to clause 10.3, if:

(a) the Customer gives notice in writing to the Company during the Warranty Period within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 10.1;

(b) the Company is given a reasonable opportunity of examining such Goods; and

(c) the Customer (if asked to do so by the Company) returns such Goods to the Company's place of business at the Customer's cost,

the Company shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods (including any return delivery costs incurred by the Customer) in full.

10.3. The Company shall not be liable for the Goods' failure to comply with the warranty set out in clause 10.1 in any of the following events:

(a) the Customer makes any further use of such Goods after giving notice in accordance with clause 10.2;

(b) the defect arises because the Customer failed to follow the Company's oral or written instructions as to the storage, commissioning, installation, use and maintenance of the Goods or (if there are none) good trade practice regarding the same;

(c) the defect arises as a result of the Company following any drawing, design or Specification supplied by the Customer;

(d) the Customer alters or repairs such Goods without the written consent of the Company;

(e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions;

(f) the Goods differ from the Specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements; or

(g) the circumstances set out in clauses 10.10 and 10.15.

10.4. Except as provided in this clause 10, the Company shall have no liability to the Customer in respect of the Goods' failure to comply with the warranty set out in clause 10.1.

10.5. The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.

10.6. These Conditions shall apply to any repaired or replacement Goods supplied by the Company (except for the Korniche Roof Lantern which shall be dealt with in accordance with clause 11 below). Unless otherwise stated in this clause 10, the Warranty Period for repaired or replacement Goods shall be the balance remaining of the Warranty Period for the relevant original Goods which have been repaired or replaced.

PVCu and Colour Warranties

10.7. The Warranty Period from the date of delivery that shall apply in respect of the PVCu and coloured foil elements of Goods is: -

Colour: -

Warranty Period

White PVC-U profiles and woodgrain

10 years

Foil Colour: -

Cherrywood 3202001167

10 years

Golden Oak 2178001167

10 years

Mahogany 2097013167

10 years

Black Brown 851805167

10 years

Deep Red 308105167

7.5 years

Blue 515005167

7.5 years

Green 612505167

7.5 years

Grey 701605167

7.5 years

Cream 137905167

7.5 years

White 915205168& 929405179

7.5 years

Rustic Cherry 3214007195

7.5 years

Irish Oak 3211005148

7.5 years

Antique Oak 3211006148

7.5 years

Anteak 3241002195

5 years