Terms & Conditions

The following conditions shall apply to all Contracts of Sale between Yorkshire Trade Windows Ltd. (the Seller) and any party purchasing goods from Yorkshire Trade Windows Ltd. (the Buyer).

(i) No order for goods (whether pursuant to a quotation by the Seller or otherwise) is binding on the Seller until confirmed in writing by the Buyer.
(ii) Each order is subject to these Conditions of Sale and no order shall be subject to other conditions or to modifications to these conditions unless the Seller agrees thereto in writing and the Seller shall not be deemed to accept such other conditions nor to waive any of these conditions by failing to object to provisions contained in any purchase order or other communication from the Buyer.
(iii) Each order shall constitute an entire and separate contract to which these conditions shall apply.
(iv) It is the responsibility of the buyer to ensure that his/her requirements have been correctly interpreted.

(i) All descriptions, specifications, drawings and dimensions submitted by the Seller are to be deemed approximate only and descriptions and illustrations in the Seller’s brochures, price lists, manuals and other advertising matter shall not form any part of a contract.
(ii) Whilst every effort will be made to comply with the contract specification, all dimensions are subject to manufacturers' and fabricators' normal tolerances, details of which are available on request.

Each of Seller and Buyer shall be regarded as having received no representations made by or on behalf of the other of them before this contract was entered into which in any way induced it to enter into this contract, bull this shall not apply to any representation made to one party by or on behalf of other which was reduced in writing and signed by or on behalf of the representor and was in the possession of the representee prior to the making of this contract, and in particular, without prejudice to generality of foregoing, those recorded in a quotation or an order or an acknowledgement of it.

(i) All orders are accepted on condition that goods will be invoiced at the price ruling at the date of dispatch.
(ii) All prices are subject to V.A.T at the current rate.
(iii) Prices ate subject to withdrawal without notice.

(i) Unless otherwise agreed by the Seller or stated in acknowledgement of order net invoice amount shall be due for payment by the Buyer on delivery or collection of the goods and the Buyer shall make no retention.
(ii) The Seller reserves the right at any time to demand full or partial payment before proceeding or proceeding further with the contract.
(iii) The Seller reserves the right to charge interest at Nat West Bank PLC Base Rate +5% on all overdue accounts.
(iv) If Buyer defaults in any payment Seller may, in addition to exercising its other rights contained in these Conditions, delay or withhold delivery or cancel this contract and retain any progress payments or payments on account already received under this or any other contract with the Buyer.
(v) The title to the goods sold by Seller to Buyer shall not pass to Buyer until Buyer shall have paid for those goods in full. If Buyer shall in respect of any of the goods fail to pay the price therefore in full on the due date therefore Seller shall (without prejudice to any other remedy it may have) be entitled to demand their immediate return and Buyer shall forthwith return the same and, if it fails to do so Seller shall be entitled to enter the premises of Buyer where such
goods are situated and recover them and for this purpose Buyer hereby gives Seller full license and authority to enter its said premises. If Buyer shall sell any of the goods or any other goods into which the goods shall have been incorporated or processed before the same shall have been paid for in full then, although as between Buyer and its customer, Buyer shall act and sell or otherwise deal as principal and the property in and the title to the goods may pass to the customer, as between Buyer and Seller. Buyer shall sell or otherwise deal with the goods and shall hold the proceeds of sale thereof or such proportion thereof as represents Seller's unpaid price for such goods as trustee upon trust for Seller to whom such proceeds or proportion shall belong but without prejudice to Seller’s rights to trace the same if Buyer fads to keep the same separate.
(vi) The foregoing rights on the part of the Seller are in addition to and not in lieu of any other rights it may have at common law or by statute in respect of payment.

The risk in the goods shall pass to Buyer when the goods are delivered to Buyer. Delivery to a carrier or to any person, firm or company on Buyer’s behalf shall constitute delivery to Buyer.

(i) Except as to payment, time is not of essence of this contract and any time or date specified by Seller as time at which goods will be despatched or delivered is given and intended as an estimate only and Seller shall not be liable for any loss, damage or expense howsoever arising from delay in delivery.
(ii) Buyer shall at request of Seller supply Seller with details necessary to allow Seller to make delivery and shall accept delivery whenever Seller proffers delivery. If Buyer fails to comply with this condition or shall otherwise cause or request a delay in the delivery of the goods the Buyer shall pay as part of the price all storage, transportation and other relevant costs incurred as a result thereof.
(iii) The Seller reserves the right to make delivery by instalments unless otherwise expressly stipulated. And these conditions shall apply (Mutatis Mutandis) to each Instalment delivery.
(iv) Seller shall be entitled to postpone or cancel delivery in whole or in part when it is delayed in or prevented from making or obtaining any goods or raw materials or parts or components or services therefore or making delivery thereof by strikes, lockouts, trade disputes or labour troubles or any cause beyond Seller's control including, but without limitation. Act of God, act of Buyer or its agents, embargo or other governmental act, regulation or request, fire, accident, war, riot, delay in transportation, inability to obtain adequate labour, materials or manufacturing facilities. Whilst subject to any of the foregoing events Seller's obligations shall be suspended until such events cease or until Seller cancels delivery (as the case may be). Seller shall not be required to obtain elsewhere in the market goods with which to replace goods delivery of which has been postponed or cancelled as a result of any of the said events. In the event of cancellation, Seller shall be paid pro-rata for goods delivered to that date.
(v) If, to assist Buyer remove the goods from point of delivery, Seller or any subcontractor does any loading or unloading or goods, no liability whatsoever shall thereby be incurred by Seller or sub-contractor and Buyer shall indemnify them in respect thereof.
(vi) When goods are manufactured in good faith to meet a delivery date and then subsequently, we are asked to hold until advised, we will invoice the goods and payment will become due under normal terms. A monthly demurrage charge will be levied at our discretion.

Seller reserves the right to effect such design changes as technical developments may require or may make expedient without prior notice to Buyer.

Buyer remains responsible at all times for ensuring that the products ordered from the Seller fully meet the requirements and specifications of the end-user and that the products ordered are compliant with any building control or specifiers demands. Any specific security or design characteristics must be fully detailed at time of quotation. Failure to do so will result in standard products being supplied.

No PVC-u frame or glass sealed unit has an inherent load bearing quality. Products ordered in excess of the design recommendations of the seller shall have no warranty or guarantee attributable to the product whatsoever.

(i) Subject to the terms and conditions elsewhere in this agreement, white PVC-u frames shall be guaranteed against faulty manufacture for 10 years (carcasses only). Foiled frames for 5 years (carcasses only), and Sealed glass units for 5 years. Door infill Panels and all Frame Hardware and Fittings shall be guaranteed to the extent of the guarantee available to us from the relevant manufacturer (normally 1-year). The seller’s liability shall not in any case exceed the amounts recovered by the seller from the manufacturer concerned.
(ii) Incorrect installation or maintenance of any product supplied by the seller shall cancel any guarantee liability.

(i) Seller accepts responsibility for loss or damage up to the point of delivery to Buyer provided that any loss or damage is reported immediately to Seller and that a note is made in the carrier’s delivery book to that effect. Any loss or damage that is not so reported and noted will be the responsibility of Buyer.
(ii) Subject as aforesaid and except where death or personal injury has been caused due to (in whole or in part) Seller’s negligence all express or implied warranties, conditions, representations, undertakings or obligations whether imposed by statute, common law, custom, course of dealing or otherwise on the part of Seller in respect of the goods (whether their description, quality, fitness for purpose, erection, installation, use, capability, delivery date or whatever) are hereby expressly excluded. Seller accepts no responsibility in respect of or consequent upon the sale and/or delivery and/or erection and/or installation and/or use of the goods for any damage, direct or consequential or contingent or any resulting loss, loss of profits, costs, charges, expenses or other liability whether of Buyer or of any other person howsoever arising.

It Buyer defaults in or commits any breach of any of its obligations to Seller or ceases to carry on its business or a substantial part thereof, or if any distress or execution is levied on any of the Buyers property, or if Buyer makes or offers to make any arrangement or composition with its creditors or commits any act of bankruptcy, or if any resolution or petition to wind up Buyers business is passed or presented, or a receiver appointed of Buyers undertaking, property or assets or any material part thereof then such event shall be deemed to constitute a breech of contract by Buyer and Seller shall entitled forthwith to terminate this contract with Buyer and on written notice of such termination being posted by it to Buyer’s last known address this contract shall be terminated but without prejudice to any claim or right which Seller might otherwise make or exercise or have against Buyer for breach of contract.

These conditions and the contract of which they form part shall be construed in accordance with the laws of England and Buyer (if not resident in the United Kingdom) hereby submits to the jurisdiction of the English Courts.