Conditions of Sale

1. DirectConservatories4U means Direct Conservatories 4U Limited.

2. The ‘contract’ means a trading agreement of which these terms and conditions are part.

3. The ‘Goods’ mean the subject matter of the contract.

4. The ‘Buyer’ means the purchaser of the goods.

5. DirectConservatories4U shall sell and the Buyer shall purchase the Goods subject to the terms and conditions which constitute the entire agreement between the parties and all other terms, conditions and warranties whatsoever are excluded.

6. Any notice in writing as specified in these terms shall be addressed to the other party at their principal address.

7. A contract for DirectConservatories4u to sell Goods and the Buyer to buy Goods shall come into existence when the Buyers written order is accepted and acknowledged by DirectConservatories4U.

8. Any typographical, clerical or other error or omission of any sort in any literature or document submitted to the Buyer by DirectConservatories4U shall be subject to correction without any liability on behalf of DirectConservatories4U. DirectConservatories4U undertakes to inform the Buyer of any correction that may be from time to time be made, as soon as practicable.

9. The Buyer, on placing the order, agrees that DirectConservatories4U Goods are suitable for the Buyers intended purpose and is satisfied that they meet the Buyer’s requirements.

10. Cancellation of the whole or any part of the Contract between DirectConservatories4U and the Buyer shall only be agreed to by DirectConservatories4U on the condition that the Buyer pays on demand all reasonable costs incurred by DirectConservatories4U up to the time of the cancellation, including any loss of profits.

11. The price charged for the Goods shall be either that stated in DirectConservatories4U’s price list/catalogue current at the date of collection or despatch, or by written quotation. Unless otherwise stated Value Added Tax will be included at the prevailing rate.

12. In normal circumstances any quotation given is valid for 30 days from the date given.

13. Delivery costs may be charged in addition to the value of the Goods.

14. Should the Buyer request any variation in delivery dates, quantities, specification or any other matter material to the Contract, DirectConservatories4U reserves the right to give an amended price for the whole Contract.

15. DirectConservatories4U reserves the right to pass on any increase in price, which results from any event beyond DirectConservatories4U’s control.

16. The Buyer shall pay the price of the Goods at the time requested by DirectConservatories4U in accordance with the terms agreed at the onset of trading. The Buyer agrees that paying the invoice on time is the essence of the contract.

17. If the Buyer fails to make payment on the due date, then, without, prejudice to any other legal right of remedy available to them, DirectConservatories4U shall be entitled to: -

17.1. Either, cancel the Contract, or suspend the delivery to the Buyer without liability until the requisite payment has been received, or insist on performance of the Contract

17.2. Require the Buyer to surrender any Goods supplied by DirectConservatories4U forthwith and, if theBuyer fails to do so, enter with vehicles andequipment as necessary upon any premises wherethe Buyer has stored the Goods in order torepossess them

17.3. Place a charge on any property that containsGoods supplied by DirectConservatories4U whichhave been fitted to the structure of the property insuch a way that they cannot be removed withoutaffecting the purpose of the property. Such acharge will be calculated to include the total valueof the unpaid invoices plus all legal andadministrative costs in addition to interest on thetotal amount outstanding calculated at a rate of 2.5% per month.

18. DirectConservatories4U is entitled to invoice the Buyer for Goods at any time after the Goods have been manufactured. All payments to be made in £sterling and shall be made to DirectConservatories4U.

19. DirectConservatories4U will not honour any warranties or guarantees on the Goods supplied until such time as full payment has been received for the Goods.

20. No dispute with DirectConservatories4U shall interfere with the prompt payment of all outstanding invoices as they fall due.

21. At any time prior to delivery of the Goods DirectConservatories4U reserves the right to notify the Buyer that outstanding payment is required prior to delivery and DirectConservatories4U shall be entitled to withhold delivery until payment is made.

22. Notwithstanding the specifications of the Buyer, DirectConservatories4U reserves the right to refuse to sell goods which do not completely comply with all safety and statutory legislation.

23. All drawings, literature technical specifications and samples provided by DirectConservatories4U to the Buyer are the copyright of DirectConservatories4U and the Buyer undertakes to keep all such copyright material confidential at all times.

24. DirectConservatories4U shall not be deemed to have breached the Contract, nor shall they be held liable to the Buyer in the event of any failure or delay in DirectConservatories4U ‘s performance of their obligations in relation to the Contract if the failure or delay was beyond the control of DirectConservatories4U.

25. Delivery shall be deemed to occur in the instant that the Buyer or specified recipient handles the Goods which DirectConservatories4U have allocated to the Buyer. If the Goods are sold on a ‘collect’ basis and the vehicle has loading equipment, delivery occurs in the instant prior to loading.

26. DirectConservatories4U will deliver all Goods to the address notified, providing that the Buyer specifies a clear address, and that there is good access to the delivery point.

27. Any delivery date or time given by DirectConservatories4U is an estimate only. DirectConservatories4U cannot be held liable for any costs or expenses should the delivery occur later than expected. The Buyer accepts that the time between order and delivery is not of essence to the Contract.

28. Should the Buyer or their recipient be unable to accept delivery of the Goods at the specified time DirectConservatories4U will endeavour to provide adequate storage for the Goods until the Buyer is able to receive them. DirectConservatories4U reserves the right to charge the Buyer for all reasonable storage and additional transport costs incurred, and to invoice the Buyer as if the Goods had been delivered.

29. In the event that DirectConservatories4U is required to recover the Goods supplied, the Buyer will be charged for all costs incurred. The Buyer has the right to return the Goods at his own cost.

30. It is the buyer responsibility to check goods on receipt and to notify DirectConservatories4U, in writing, of any shortages or defects with the Goods within 14 calendar days of receipt of the Goods. DirectConservatories4U reserves the right to dismiss any such claim beyond that point.

31. Risk of damage to the goods shall pass to the Buyer on delivery.

32. Notwithstanding delivery and the passing of risk in the goods supplied, no form of property or title shall pass from DirectConservatories4U to the Buyer until DirectConservatories4U has received in cash or cleared funds payment for the full price of the goods.

33. Until such time as title passes to the Buyer, the Buyer shall act as bailee and agent of DirectConservatories4U, ensuring that the goods supplied are properly stored, insured, and identified as belonging to DirectConservatories4U.

34. DirectConservatories4U employees or agents, other than suitably trained and experienced personnel are not authorised to make any verbal representations regarding the goods. The Buyer confirms that it will not rely on any such representations for storage, installation, application, use or maintenance of the goods or for any other purpose.

35. DirectConservatories4U shall not be held liable for any defect or damage caused by incorrect handling, storage, installation or subsequent use on the part of the Buyer or any third party. All goods should be stored in a dry place and stacked upright, slightly raised from the ground and adequately protected from the weather.

36. DirectConservatories4U shall not be held liable to the Buyer for any accidental damage, consequential loss, costs, expenses, loss of profits, goodwill, labour costs or any other claim which arises out of the supply of the goods, their consequent use or resale by the Buyer or third party claims. DirectConservatories4U accepts no liability in respect of the following: -

36.1. Damage due to accident, storm, flood, neglect, misuse, faults or premature deterioration which results from the Buyers failure to comply with DirectConservatories4U storage, installation or maintenance instructions.

36.2. The possible dulling of frames due toweather conditions.

36.3. Discolouration of acrylic or polycarbonate translucent roofing material due to biological or atmospheric conditions.

36.4. The failure of the installation to reduce oreliminate condensation.

36.5. All other exclusions contained within theproduct guarantee.

36.6. This does not affect your statutory rights

37. Subject to (35) the following warranties apply to DirectConservatories4U goods which have been paid for in full: -

37.1. PCV-u PRODUCT: Should any fault appear in the framework of any product within 10 years from the date of delivery, due to defective materials or workmanship in manufacture DirectConservatories4U will repair or replace the faulty framework free of charge.

37.2. SEALED UNIT: Are only covered against failure of the seals. Should any failure of the seals appear in the double glazed sealed unit within ten years from the date of delivery due to the defective materials or workmanship in manufacture, DirectConservatories4U will repair or replace the faulty sealed unit free of charge.

37.3. FITTINGS: Should any fault appear in the handle, lock or hinge fittings within two years from the date of delivery due to defective materials or workmanship in manufacture, DirectConservatories4U will repair or replace the faulty handle, lock or hinge fitting free of charge.

38. Any repair work carried out or replacements units supplied within the given warranty period under the terms of this warranty will also be covered by the same initial warranty period.

39. While installation is not carried out by the DirectConservatories4U personnel, it must be carried out in accordance with current DirectConservatories4U fitting instructions. Any installation not carried out in accordance with these instructions will not be covered by any warranty.

40. The Buyer shall have no claim for shortages or defects, unless the Buyer notifies DirectConservatories4U, in writing, within 14 days of the delivery of the Goods. In the event that the Buyer alleges the Goods to be defective, the Buyer must give DirectConservatories4U the opportunity to examine the Goods and investigate any complaint made.

41. Where the Buyer presents a valid claim in respect of the quality, condition of the goods or their failure to meet the Contract specification then the full liability of DirectConservatories4U shall be to replace the Goods free of charge or refund the Buyer the purchase price of the Goods only.

42. Amendments, alterations or cancellations will not be accepted within 14 days of the agreed delivery date.

43. DirectConservatories4U reserves the right to charge the Buyer for any late amendment or cancellation of any order that results in directconservatories4u incurring costs.

44. Cancellations will be accepted within 14 days from the date of order with a full refund for standard models only. Any cancellations after this period but before 14 days of the agreed delivery date will be subject to an administration charge of 10% of the order value.

45. Any order accepted on the basis of ‘subject to planning permission’, a full refund will be given in the event of planning permission being refused once a copy of the refusal letter is received.

46. Any order will be viewed entirely on their own individual merits. Any waiver shall not prevent the right to charge for subsequent orders.

47. DirectConservatories4U may waive any of these terms and conditions. Such a waiver shall not prevent subsequent enforcement, not shall it be deemed to be a waiver of any subsequent breach.

48. These terms and conditions and all agreements between DirectConservatories4U and the Buyer shall be governed by and construed in accordance with the Law of England and Wales.