Terms & Conditions

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     Terms and conditions 

Definitions

 

‘The Company’ means the appropriate Company belonging to Renka Ltd.

‘The Customer’ means the Corporate Entity, firm or person seeking to purchase

goods or services from the Company.

‘The Goods’ means the goods, which the Company is to supply in accordance with

these Terms and Conditions of sale.

‘The Services’ means the services, which the Company is to supply.

 

Application

 

These Terms and Conditions shall apply without modification and to the exclusion

of all and any other conditions including any appearing in any quotation, form of

acceptance, delivery form or other document or letter emanating from The

Customer to The Company unless otherwise agreed by The Company Directors.

 

Quotations

 

All quotations, unless otherwise stated, are subject to acceptance within 30 days.

No Value Added Tax has been included unless specifically stated but will be added

in accordance with Government legislation.

Unless otherwise stated, prices are based on current rates of labour, materials

and transport costs and may be subject to amendment on, or after, acceptance of

any subsequent order to meet variation in costs.

 

Orders

Any order from The Customer will be subject to acceptance in writing by The

Company.

All prices are subject to confirmation on The Company’s official acknowledgement

form on receipt of the order. The Customer should check all particulars on this

form and advise The Company immediately should there be any discrepancies.

 

Payment

 

Orders will be processed on receipt of the signed measuring template, order form

and 50% cheque deposit of the good and services total value, this is non refundable

due to the bespoke nature of the products.

Final balance is due 7 days prior to delivery and can be paid by cheque, credit

card, bank transfer or cash. Please note that there is a 2.5% surcharge for

amounts paid by credit card and 3.5% for Amex.

Should the customer delay the delivery full payment is due 7 days prior to the original date.

If payment is not paid on delivery The Company shall be entitled to recover from

the Customer interest, payable at the County Court rate applicable at the time of

the contact, on any outstanding balance until the actual date of payment. This

right shall exist without prejudice to any other right of the company.

If The Customer fails to make any payment on the due date then The Company

shall be entitled to cancel any subsisting supply contact with or suspend any

further deliveries to or collections by The Customer and also appropriate any

payments made by The Customer for such Goods, Services or materials or goods,

services or materials supplied to The Customer in respect of such cancellation or

suspension and this right shall exist without prejudice to any other right of The

Company.

The Company reserves the right at any time at its discretion to demand security

for or vary the terms and methods of payment, for continuing with or delivering

Goods in satisfaction of the order. The Company shall advise The Customer of

any changes in writing.

The Company does not offer Main Contractors Discount nor will it work on a

percentage retention basis. Customer’s operating under the CIS Scheme must

indicate this at time of placing their order.

 

Regulations

 

The Company shall not be liable for any loss or damage whatever which may be

occasioned by reason of the goods supplied not conforming to the Building

Regulations or any other statutory regulations, nor for any liability under the

Health and Safety at Work Act 1974 to a use of the goods by The Customer which

has not previously been notified by The Customer to The Company and approved

in writing prior to such use.

 

Passing of Property and Risk

 

All risk in the goods will pass to The Customer immediately on delivery of the

goods to The Customer.

Until The Customer has paid The Company for the goods and all other goods

supplied to him by The Company, The Customer holds the goods on trust for sale.

If The Customer sells the goods The Customer shall hold the proceeds of sale on

trust for sale of The Company in a separate bank account. If The Customer sells

the goods The Company may by written demand require The Customer to assign

to The Company The Customer’s rights to recover the price from a subsequent

purchaser.

The Customer must not assign to any other person any rights from the sale of the

goods without the written consent of The Company’s Directors. Where such

consent is given it is conditional upon the assignee accepting the conditions

between The Customer and The Company.

 

Cancellation

The Customer is not entitled to cancel the Contract without written agreement of

The Company signed by a Director. In event of such agreed cancellation The

Customer shall indemnify The Company fully against all expenses and losses.

Claims and demands incurred up to the time of such cancellation including

Payment for such amount as The Company will be required to make to sub-contractors and other third parties as necessary.

 

Performance

 

Unless otherwise stated by The Company, The Customer must provide a clear

working area for The Company’s delivery and work area. The Customer is

responsible for an adequate power supply, artificial lighting and provide secure

and dry storage.

All joinery supplies should be kept by The Customer in a dry place. If supplied

un-coated they should be primed or stained immediately on receipt. Any

subsequent cut surface must be primed or stained before fixing in position. The

Company accepts no responsibility for effects incurred to the goods if the goods

are supplied un-coated and if the goods remain un-coated when exposed to

weathering elements. If the customer purchases the goods un-coated or oiled

then no guarantees are made by the company in respect of the expected life of

the goods.

The Company shall carry out its work on a continuous basis during normal

working hours and The Company’s price is fixed accordingly. If special visits have

to be made to the site or work has to be carried out in an uneconomical manner if

time is lost or additional expenditure incurred due to The Company’s operative

being denied access to or waiting on site or having to return to the site to

commence or continue work The Company reserves the right to make an extra

charge to cover such cost.

The Company’s prices are subject to the site being in reasonable distance of the

site of the work. The company reserves the right to make additional charges

should their workers require overnight accommodation to complete the work.

The Company shall only install the goods into fully prepared openings that have

the correct tolerances allowed and solid structural sides all round to enable a

level, firm and secure fixing of the goods; these include steel, solid brick,

concrete and structural timer beams or lintels. If The Company cannot install the

goods due to incorrect opening sizes, no tolerances allowed, openings not being

of a structural sound quality to enable level, firm and secure fixing, disruption by

other trades or obstruction e.g. scaffold being directly outside or inside the

opening aperture, 100% of the quoted fitting cost will be liable. The Company

reserves the right to incur additional costs to The Customer for re-attending the

site to complete works. If an opening has to be adjusted in any way to enable the

goods to be fitted the making good of the structure is the responsibility of the

customer.

On completion of a fitting a demonstration of the operation and adjustment will

be made. No further visits to site will be made to adjust any product without

payment to the company.

If a return visit to site is requested a minimum payment of £200 plus Vat will be

made to the company, this payment will be refunded if the company agrees that

the responsibility of any works is theirs.

The Company reserves the right to photograph the installation of the goods. The

photographs remain the property of The Company who reserve the right to use

the images in any company literature.

 

Responsibility

 

The Company’s workmen are instructed to exercise due care and attention in

completing their work and The Company will not accept responsibility for damage

to the fabric or the contents of the buildings or the work of other trades however

caused.

 

The Company will not be liable for any fixing charges incurred by The Customer

arising from any goods or materials or work done proved to be defective or

delayed and shall not be responsible for any additional overheads, administrative

expenses, contractual penalties or other cost, claims and demands arising from

The Customer’s obligations to any third party and due indirectly or directly to any

defects or delays in the goods or materials supplied or work done by The

Company. The Customer accepts that it is their responsibility to insure against

these risks.

 

Any alleged shortage, delay, damage or defect shall not constitute valid grounds

for The Customer to delay payment in respect of the goods delivered and for the

avoidance of doubt The Customer shall be required to pay for all goods and

material supplied.

 

Quality

The goods or materials supplied are on the basis that they conform to the written

descriptions contained on the order or conformation where supplied. No warranty

can be given that the goods or materials supplied conform to the sketch plans or

drawings provided to The Company by The Customer or to illustrations or

descriptions in catalogue or trade literature.

 

In the event that The Company provides estimates of quantities or measurements

on the basis of drawings and/or Bills of Quantities and/or specifications submitted

by The Customer The Company shall exercise reasonable care in providing such

but The Company accepts no liability for inaccuracies in the estimates or

calculations.

 

Any goods manufactured to the design or specification of The Customer or its

experts or detail taken off plans supplied by The Customer are produced without

warranty of any kind except their compliance with the design or specification.

The Customer will unconditionally fully and effectively indemnify The Company in

respect of any claim, cost or expenses, losses or demands resulting there from

including the infringements of patent, copyright, design, trademark or any

industrial or intellectual property rights resulting from The Company’s use of the

said design or specifications.

 

Confirmed orders are based on the plans and specifications supplied by The

Customer. The Customer shall check the specification and quantities quoted and

shall be deemed to have accepted the specification and quantity specified when

placing the order. The Company will not accept responsibility for incorrect

specification and quantity supplied by The Customer.

 

The Customer is deemed to be fully conversant with the nature and performance

of the goods and materials supplied to it including any harmful, hazardous or

dangerous effects resulting from their usage or misuse and shall not be reliant in

any way upon the advice, skill or judgement of The Company or its servants,

agents or employees who are not authorised to make any representations

concerning the goods whatsoever other than those confirmed by the Chairman or

Director of The Company in writing.

To the extent that any third party goods or services supplied to The Company

validly excludes, restricts or limits its liability to The Company in respect of goods

or materials supplied or any loss or damage arising in connection therewith then

the liability of The Company to The Customer in respect of such goods and

materials shall be correspondingly excluded, restricted or limited. The Customer

shall be entitled to receive details of any such exclusion, restriction or limitation

upon request to The Company.

If the materials are supplied to The Customer of a specified grade no warranty is

given that the grade will be suitable for the purposes required by The Customer.

 

Enforceability

Should any provisions of these terms and conditions be held by a competent

authority to be invalid or unenforceable in whole or in part then the validity of the

remaining provisions shall not thereby be affected.

 

Arbitration

The Company or The Customer may give written notice to the other of any

question, dispute or difference, which may arise between them in relation to, or

in connection with the contract, and they shall have the right to arrange a

meeting between each other to discuss such matters. In the event that such a

meeting is not arranged the same shall be referred to the arbitration of a person

mutually agreed upon or failing agreement within one calendar month of some

person appointed by the President for the time being of the institute of

Arbitrators. The submission shall be deemed to be a submission within the

meaning of the Arbitration Act 1950 or any other statutory modification or

re-enactment thereof.

 

Jurisdiction

This contact shall in all respects be construed and operate as an English contract

and in conformity with English Law and The Company and The Customer agree to

submit to the jurisdiction of the English Courts.

 

 

Renka Ltd

05 March 2014

 

36 New John Street West

Birmingham

West Midlands

B19 3NB