1. Under these conditions:
- “Buyer” means any individual, firm, company who agrees to purchase the goods from FENEA LTD.
- “Terms & Conditions” means the standard terms and conditions of sale set out in this document and / or any special agreement in writing between Buyer and Seller.
- “Contract” means the quotation provided being read in conjunction with and incorporating these terms & conditions.
- “Goods” means the window & door products which the Seller is to supply in accordance with these terms & conditions.
- “Seller” means FENEA LTD.
- “Writing” means e-mail or post. We do not accept faxes.
- “Working days” means Monday to Friday excluding Bank & Public Holidays.
- These Conditions shall be referred to as the “Terms & Conditions of FENEA LTD”.
- No variation of these terms & conditions shall be binding unless agreed in writing between the buyer and seller.
- You (the buyer) declare that you have read and understood the terms & conditions, and accept their content.
- Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by Seller shall be subject to correction without any liability on the part of Seller.
- All frame dimensions are actual unless previously specified.
3. Quotations & Acceptance
- All FENEA LTD quotations are based on information received from the buyer.
- Any details, information, specifications, quantities, drawings or other information received or offered are used as a guide to provide a quotation for the buyers project at their request therefore assumptions are made.
- We provide an optional survey before the buyer commits to placing and signing off an order.
- By accepting and signing the offer you, the buyer, confirm that you have read the contents of the quotation and accept it as an accurate reflection of your requirements.
- The seller shall not be liable for any direct, indirect or consequential losses of any kind due to delayed of failed deliveries of the goods, nor is the buyer entitled to terminate or rescind this contract until such occurrence exceeds 3 months.
- The order must be “confirmed” and “acknowledged” before the expiry date stated on the quotation to qualify for the price quoted.
- FENEA LTD reserves the right to change specification of their products without prior notice.
4. Prices & Payment
- The price of the goods shall be as agreed in writing between Seller and Buyer at the time or order.
- All prices are agreed prior to placing order on the day that the agreement is signed and a 50% deposit of the total cost figure is paid, unless a 30 day FENEA LTD
account has been agreed whereby we will require an official order number, or by placing via a Merchant.
- The balance of 50% of the total cost figure will be due and must be paid in full prior to dispatch of the goods.
- Failure to complete the payment in full after 28 days past the final balance payment due date before dispatch will result in the buyer forfeiting any claim or ownership in relation of the whole order of goods.
- Any delay in outstanding payments will affect the release into manufacture and the subsequent lead time of the delivery.
- Pallets are supplied free of charge and are non-returnable.
- Any delay in payments will affect the lead time of the delivery.
- The buyer will not be entitled to withhold or offset payments of any amount to the seller under the terms of this contract, irrespective of any claims made by the buyer for faulty or defective goods or for any other claim which is contested by the seller and the buyer will settle accounts in full on the due date if a warranty claim is unresolved.
- Any amendment to the signed order acknowledgement within 48 hrs is permitted with no charge.
- Amendments or cancellations after 48 hrs will incur a 25% charge of the full order cost.
- Amendments or cancellations after 5 working days will incur a 50% charge of the full order cost.
- All amendments or cancellations after 10 working days will incur a 100% charge of the full order cost.
- All amendment requests must be forwarded in writing to FENEA LTD before adjustment of confirmed order can be made.
- The cost of deliveries to site is included in the cost unless otherwise stated but does not include optional extras or special transport.
- Deliveries are based on a single delivery to an individual specified site address. Additional deliveries or multi-drop deliveries are available at an extra cost.
- The Goods shall be dispatched in undamaged condition and shall be packed to provide adequate protection for transportation.
- We will agree a delivery date on a working week day of your choice. Weekend deliveries can be arranged upon request when available.
- If mechanical means of offloading is not present on site or provided, it is the responsibility of the customer to provide means of manual offloading.
- It is the responsibility of the customer to advise if the specified site is or has limited restrictive or poor access to accept either an articulated or ridged truck.
- Returned, failed, non attendance, or aborted deliveries will be charged at a full rate. Re-delivery cost can be obtained on request, or the buyer can collect from our holding area by arrangement. Storage charges will apply until the goods are shipped or collected.
- Goods will be stored for up to 10 working days free of charge following notice of availability from seller to buyer arranging delivery. Orders or part orders of goods remaining in storage for more than 10 working days will be subject to charges.
- Goods will be invoiced in full after 28 days if not part or complete dispatched.
- All FENEA LTD products should be stored level, with care, in a clean and dry environment.
- Differences in pigment, colour, or variations in stain or minor natural irregularities in timbers do not constitute grounds for complaint.
- Where stains or lacquers are applied to the finish, there is an acceptable discouloration and variance in colour due to the substrate and diversity of structure and material.
- On various finishes, particularly stains where comb or finger jointed engineered timber have been used in manufacture, the joints may be visible.
- Quality and quantity of goods should be inspected at the time of unloading before signing delivery advice invoice. Claims after delivery advice note is signed due to failure to perform check upon delivery will not be covered under warranty or claims though may still be considered.
- Any issue should be photographed immediately where possible before further movement, progression or installation.
- Any complaints will be considered where possible within 7 days from the day of acknowledgment of claim received in writing.
- All warranties and claim will be deemed void if the installation is proved to be incorrect. Non fault site visits are chargeable.
10. Force Majeure
- Seller shall not be liable to Buyer or deemed to be in breach of the Contract by reason of any delay in
performing, or any failure to perform, any of Seller’s obligations in relation to the Goods, if the delay or failure was due to any cause beyond Seller’s reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond Seller’s reasonable control:
- Act of God, explosion, flood, tempest, fire or accident;
- War or threat of war, sabotage, insurrection, civil disturbance or requisition;
- Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
- Import or export regulations, embargoes, port blockages, closures, or otherwise preventing access passing.
- Strikes, lock-outs or industrial actions or disputes (whether involving employees of Seller or of a third party):
- Difficulties in obtaining raw materials, labour, fuel, parts or machinery;
- Power failure or breakdown in machinery (other than through misuse).