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Terms and Conditions

Terms and Conditions of Trading

1. DEFINITIONS
In these conditions the following expressions shall have the following meanings:
(a) The Company: Supreme Windows a part of Kaydun Trading Ltd
(b) The Buyer: The person, firm or Company with whom any contract to sell Goods is made by the Company
(c) The Goods: the article or thing or any of them described in the contract or contracts between the Company and the buyer for the sale or supply of goods

2. GENERAL
These conditions shall be deemed to be incorporated in all contracts of the Company to sell Goods and in the case of any inconsistency with any order letter or form of contract sent by the buyer to the Company or any other communication between the Buyer and the Company whatever may be their respective dates the provisions of these conditions shall prevail unless expressly varied in writing and signed by a Director on behalf of the Company.

3. AGREEMENT
This agreement contains the full agreement between the Company and the Customer and no representations, warranties, statements or undertakings whether oral or in writing shall form part of this agreement and no purported variations of these conditions shall have any legal effect unless the same be in writing and signed by a Director of the Company and attached hereto.

4. ORDERS
Notwithstanding that the Company may have given a detailed quotation no order shall be binding on the Company unless and until it has been acknowledged in writing by the Company provided that where the Company gives a ‘fixed price’ quotation it will be held for the time stated therein but will apply only to the quantities and types of products quoted and will be subject to the proviso that such products are available in the Company’s standard range at the time the Buyer’s order is placed. You may not cancel the order unless we agree in writing. If the order is cancelled for any reason you are then to pay us for all stock (finished or unfinished) that we may then hold or to which we are committed to for the order.

5. PRICES AND PAYMENT
(a) Unless otherwise stated by the Company in writing the price payable for Goods shall be the list price of the Company current at the date of dispatch of the Goods
(b) All prices are exclusive of Value Added Tax and this will be charged at the appropriate rate.
(c) Our quotations lapse after 90 days
(d) You are to pay the Company cash or cleared funds on delivery/installation unless you have an approved credit account
(e) If you have an approved credit account, payment is due no later than 30 days after the date of invoice unless otherwise agreed in writing

6. SPECIFICATIONS
The Company reserves absolutely the right to alter specifications without notice so long as such alteration does not affect the quality or reasonable fitness for the purpose intended.

7. PANELS
The panel agreement on all orders will be a matter of Company decision unless the order drawing indicates a specific or special arrangement which is within normal limits recommended by the Company. The customer here by acknowledges that the terms specified in the schedule have been checked by him and herby acknowledge the details in the schedule are correct.

8. CONDENSATION
The elimination or prevention of condensation is not guaranteed by the Company and shall not bear any liability there to.

9. GLASS
The Company shall not accept any liability for minor imperfections in glass which are inherent in the handling of the manufacturing process of glass

10. DEFECTIVE GOODS
Any defects attributed to the bad workmanship or faulty materials supplied by the Company, must be notified in writing by the customer within 24 hours of delivery or collection, as such defects will be investigated by the Company at the Company’s expense provided that the Company’s liability in this regard shall only extend to rectification or replacements of faulty materials and shall not extend to any consequential loss howsoever caused. Faulty goods on supply only basis shall be replaced on a like for like system as will faulty good on a supply and fit basis.

11. PASSING OF TITLE AND RISK
From the time of delivery of the goods to the buyers premises the Goods shall be at the Buyers risk who shall be solely responsible for their custody and maintenance as if it were thereof has been made in full and unconditionally in respect of all goods supplied by the Company to the Buyer at whatever time. Whilst the ownership of the Company continues the Buyer shall keep the goods separate and identifiable from all other goods in its possession. In the event of any resale by the Buyer of the Goods the proceeds of the sale shall be held on trust for the Company by the Buyer and will stand in a strictly fiduciary capacity in respect thereof. In the event of failure to pay the price in accordance with the contractual obligations the Company shall have the power to remove the Goods and resell them.

12. STUCTURAL DEFECTS
The Company will also not accept liability for any structural defects in the customer’s property which may have been detected either before or during the installation of the units. The Company shall not be under any liability to repair, renovate or improve such defects. The customer warrants that he will not seek compensation from the Company in respect of any such structural defects.

13. DELIVERY
(a) All times or dates given for delivery of the Goods are given in good faith but without any responsibility on the part of the Company. Time of delivery shall not be the essence of the contract nor shall the Company be under any liability for delay beyond the Company’s reasonable control.
(b) The Company shall be entitled to delay or cancel delivery or to reduce the amount delivered if it is prevented from or hindered in or delayed in manufacturing obtaining or delivering the Goods by normal rout or means of delivery through any circumstances beyond its control including but not limited to strikes, lockouts, accidents, war, fire reduction or unavailability of power at manufacturing plant , breakdown of plant or machinery or shortage or unavailability of raw materials from normal source of supply.
(c) We may also decline to deliver if we believe that it would be unsafe, unlawful or unreasonable to do so and if the premises (or access to them) are unsuitable for our vehicle.

14. DEFAULT OR INSOLVENCY OF THE BUYER
If the buyer shall fail to accept the goods or any instalment thereof or shall fail to pay any sum due to the Company at the proper time or if the Buyer shall commit any bankruptcy of if any bankruptcy petition be presented against him or (if the Buyer is a Company) if any resolution or petition to wind up such company shall be passed or presented or if a receiver of the whole or any part of such company’s assets shall be appointed to the Company may determine wholly or in part any and every contract between the Company and the Buyer or may by notice in writing suspend further deliveries of Goods until any defaults by the Buyer are remedied.

15. PROPER LAW
The contract shall in all respects be governed by English Law and shall be deemed to have been made in England and the Buyer and The Company agree to submit to the exclusive jurisdiction of the English Courts.

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Supreme Windows, Unit 1, Lowercroft Warehouse, Lowercroft, Elton, Bury, BL8 3PA - terms and conditions
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