1. Definitions and Interpretations
- “Company” or “HNS” means HNS Aluminium Systems Ltd, a company registered in England and Wales with company number 11391178, whose registered address is 26 Store Street LONDON WC1E 7BT,
- “Conditions” means these general terms and conditions set out in this document and any special terms and conditions specifically agreed in writing between the Customer and the Company from time to time;
- “Customer” means any party that orders and purchases products and/or services from the Company and whose name and address appears on the Quote and/or Purchase Order,
- “Specification Document” means a statement of work, quotation or other similar document describing the products and/or services to be provided by the Company,
- “Products” shall mean any items detailed in the Quote and/or supplied by the Company,
- “Services” shall mean any installation, maintenance, repair work and surveys carried out by the Company,
- “Survey” means a site inspection(s) by the Company to ascertain the sizes and feasibility of the installation shown in the Quote,
- “Quote” means the written quotation including price and technical details of the products and/or services to be provided by the Company,
- “Purchase Order” means the customer’s order for the supply of products and/or services or Customer’s written and/or electronic acceptance of the Company’s Quote,
- “Premises” means the premises at the delivery address at which the Products are to be installed,
- Request for Quotation: A customer’s request by a form on Company’s website or by an email,
- ”Writing” and “written”: includes written letter, and comparable means of communication including e-mail.
2. General
The Client accepts the following terms and conditions of service upon submission of the order (“the Order”):
- This General Terms and Conditions is made between HNS Aluminium Systems Ltd (hereinafter HNS, or The Company) and the Customer and shall not be assigned without The Company’s written consent.
- The Customer agrees to the purchase and/or installation and HNS agrees to supply and/or install the products as specified on the Quote or Purchase Order.
- All Purchase Orders are accepted by the Company only under this Conditions and they may not be altered, unless agreed in writing by the Company. Any contrary or additional terms and conditions, unless so agreed, are excluded.
3. Order
- In placing an order for the Products and/or Services, the Customer warrant that they have tested Goods of that description and specification and that such Goods are suitable for any purpose for which the Buyers require them.
- By paying a deposit the Customer confirms that agree to pay the price shown for the Product. b) They agree to the Company’s Conditions of Sale as detailed herein.
4. Survey
- The purpose of the survey is intended to confirm the measurements and the detailed descriptions to enable the Company to supply and install the products listed in the Quote and/or Purchase Order.
- The Customer agrees to provide the Company reasonable access to the Premises to enable the survey to be fully completed.
The customer is responsible for the accuracy of all dimensions and order detail where it is a supply only contract. - In the event the Surveyor believes that the Schedule of Works and specifications detailed in the Contract need to be amended in any way or additional works need to be carried out, the Contract shall be amended by the Company in its sole discretion and signed by both the Company and the Customer (the “Variation of Contract”).
- The Company reserves the right to cancel the Purchase Order in the event that the surveyor is not entirely happy that the Company can fulfil its obligations to the Customer within the quoted price and/or lead time. In this event, any deposit or monies in respect of the Purchase Order will be refunded in full by the Company.
- The survey will not include a general or structural survey of the Premises. There may be structural issues at the Premises which may or may not be apparent. In the course of the survey, some apparent building fabric issues, such as cracks in plaster or rendering may be highlighted. The Company shall not be liable for repairing any such cracks which exist, or which may appear or any movement in stonework during or following installation.
- Unless the Quote states to the contrary, the Company shall not be responsible for arranging any scaffolding, cherry pickers, cranes or any professional lifting equipment that may be required in order to carry out the installation. If the surveyor indicates that scaffolding, cherry pickers, cranes or any professional lifting equipment is required, then the Customer can appoint a third party to carry out such work as required. The Customer acknowledges and agrees that Company shall not accept any liability for any claims, demands, actions, proceedings and all damages, losses, costs, and expenses (including legal expenses) suffered or incurred by the Customer as a result of any scaffolding works not carried out by Company.
5. Products and/or Services
- The quantity and description of the Products and/or services set out Company’s Quote and/or other related documents such as brochures and technical catalogues.
- The Company reserves the right to make minor modifications in design, specification or composition as it shall think fit.
6. Delivery of Products
- Delivery shall be to the nearest delivery address as specified on the Quote unless otherwise specified and agreed.
- Delivery dates given by the Company when placing the order are a guide only and shall not be bound by these dates. A revised delivery date will be given by the Company when the products are manufactured and/or ready to be delivered, but even this may be affected by inclement weather or unforeseen problems arising.
- The company shall not be liable for any delay that arise from circumstances beyond the reasonable control of the company.
- For supply only orders; the customer is responsible for offloading the products from the vehicle, so the customer has to supply the necessary labour or mechanical handling to unload and store the products in a safe and correct manner.
- The property in the products, the title to the products, and the ownership of the products shall remain with the Company and will not pass to the customer until the total price has been paid to the Company.
- It is Customer responsibility to arrange and pay for adequate parking for our vehicles at the Premises.
- Whilst the Company undertakes to do its utmost to execute every order within the specified period, the Company does not take responsibility for any default due to any act of God, war, strike, lockout, industrial action, fire, flood, drought, tempest or other event beyond the reasonable control of the Company.
7. Installation
- All windows and doors apertures have to be prepared for installation by Customer before the installation date specified by the Company.
- The Customer agree to provide reasonable access to enable installation to be completed as soon as possible after having been informed that the goods are ready.
- The company will use its best endeavours to install the products scheduled within the period quoted to the customer. If the work specified is not completed within this period, the customer may serve a notice on the company requiring that the work be completed within such a reasonable period as the customer my specify (in general the company would accept six weeks as being reasonable). If the work is not completed within such as extended period, the customer may cancel the uncompleted work covered by this contract by the service of written notice to that effect on the company as its Registered Office.
- The company will take the greatest care to avoid damage, however some may be expected due to the nature of the work. The company will not be liable for damage of any description arising from the installation or use of the products where such damage is due to defects in the fabric of the building which existed prior to the installation of the company’s products whether such damage was detected at survey or not. The company will notify the customer of any such defect if it is thought that the defect will prejudice the performance of the company’s products.
- The customer is responsible for removing and reinstating all ornaments, furniture, electrical equipment, burglar alarms, radiators, appliances and carpets on or adjacent to the areas where the Company are to install the products.
- Unless it is written and agreed on the Quote, the Company is not responsible to remove old windows and doors from their apertures.
8. The Prices
- The prices of Products and/or Services shall be the Company’s quoted prices.
- The prices of Products and/or Services listed in the Quote and/or Purchase Order are fixed and are not subject to change without the agreement in writing of the Customer.
9. Payment
- The payment shall be made as agreed on the Quote or in writing between the Company and the Customer. The agreed payment schedule shall automatically form part of this Terms and Conditions.
- If the payment or any part thereof is not made by the due date the Company shall be entitled to:
- charge interest on the outstanding amount at the rate of 3% over the base rate of the Bank of England accruing daily at such a rate after as well as before any judgment;
- refuse to make delivery of any undelivered Products or to make installation of uninstalled job whether ordered under these conditions or not and without incurring any liability whatever to the Customer for non-delivery or any delay in delivery;
- terminate this contract.
- The Company reserves the right to claim interest under the Late payment of Commercial Debts (Interests) Act 1998.
10. Guarantee
- The Company provides the following guarantees, which are valid from the date of completed installation or delivery (for supply only purchase):
- Ten-years guarantee for aluminium profiles,
- One-year guarantee for moving parts such as handles, locks, hinges etc.
- Five-years guarantee for sealed units apart from oversized units which will benefit from a one-year guarantee.
- All conditions contained in this guarantee are subject to adequate maintenance of the goods supplied and/or installed.
- Any installation carried out by the Company is guaranteed for 1 year. After this period the Customer is then responsible for the installation and any on-going maintenance.
- The Company reserves the right to recover costs from the Customer for labour time and travelling expenses where faults/damage are result of installation which is not in accordance with the companies has requested action and/or where repairs/replacements are found to be beyond the terms of this warranty.
- No guarantees or warranties will be issued or are valid until the payment is received in full.
- Despite the fact that the Customer’s statutory rights remain unaffected, this guarantee does not extend to:
- Damage caused by the excessive heat or contact with flame,
- Damage caused by direct contact with corrosive chemicals,
- Damage as a result of abnormal wear and tear,
- Minor imperfections or shade variations within glass and outside the scope of the visual quality standards of the Glass and Glazing Federation,
- Damage or faults due to accidents, misuse or neglect;
- Damage or faults due to inadequate maintenance to the Products or to the Premises or due to defects in the Premises;
- Damage or fault(s) resulting from removal and/or repositioning of the installation (or part of the installation) carried out by persons other than the Company;
- Notification of any claim under such guarantee must be by written notice received within 28 days of the date upon which the discovery of the defect or fault ought reasonably to have been made.
11. Risk, Title and Insurance
- Risk of damage to or loss of the Products shall pass to the Customer at the time of delivery of the Products. The Customer shall ensure that the Products are covered by an insurance policy against all insurable risks.
- Ownership of the Products will pass to the Customer once the Company have received payment in full of the price from the Customer. Until then, the Products remain our property but that will not prevent us from recovering payment from you of any amounts due under the estimate.
12. Cancellation
- Products such as windows and doors, which are made to measure and made to your specific requirements are exempt from the right to cancel under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
13. Other issues
- The company will provide guidance on planning and building regulations, however full approval will be the responsibility of the Customer. It is entirely the Customer’s responsibility that all necessary consents required in relation to the installation of the Products at the Customer’s premises, such as Planning Permission and Building regulations consents are obtained prior to proceeding with the schedule of works on the Quote.
- By signing the Quote the Customer confirms that he is the owner of the Premises at which the installation is to take place or that the Customer has obtained the owner’s full authority and that the Purchaser has complete authority to enter into this Conditions.
14. Force Majeure
- The Company shall be liable for any failure or delay in performing its obligations under the Contract or Conditions to the extent that such failure or delay is caused by a Force Majeure Event. A Force Majeure Event means any event beyond a party’s reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party’s), failure of energy sources or transport network, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters or extreme adverse weather conditions, or default of suppliers or subcontractors.
15. Variation
- No variation of these Conditions or the Contract shall be binding unless agreed in writing by both the Company and the Customer.
16. Notices
- Written notice where required shall be given by recorded delivery post or email, to the relevant address set out on the Quote or Purchase Order with a written acknowledgement or confirmation retained.
- The Customer agrees to provide the Company with timely written notice and subsequent reasonable opportunity to investigate and/or remedy any complaint or issue arising from supply or installation hereunder.
- All notices sent by the Customer to the Company must be sent to Company address and/or the email address. The Company may give notice to the Customer at either the e-mail or postal address provided in Purchase Order and/or Quote.
17. Statutory rights
- Nothing in these terms affects the Customer’s statutory rights.
- This Conditions shall be governed by and in accordance with the laws of England and Wales. Any disputes arising under or in connection with this Conditions shall be subject to the exclusive jurisdiction of the English Courts.
