Standard Terms and Conditions of Sale
DOORCO Ltd – Terms and Conditions of Business
Please read these terms and conditions carefully. They are intended to regulate any agreement made between Doorco (which may be referred to in these terms as ‘Doorco’, ‘we’, ‘us’,’ our’, ‘seller’ or ‘supplier’. Company number 6444960, VAT number 939483769 and yourself (which may be referred to as ‘buyer’, ‘buyer’s’ ‘you’ or ‘your’), covering the purchase by you of any of our goods and/or services, or the use of our websites. These terms and conditions apply, whether you are acting as a private buyer (called a ‘Consumer’) or whether you are acting for a business.
1.1 Any reference in these conditions to any provision of a statute shall be construed as a reference. Statutes may be amended and upgraded from time to time.
1.2 Throughout these conditions, whether required by context the use of the singular number shall be construed to include the plural and the use of any gender shall include all genders.
1.3 You are classified as a business if you indicate to us that the goods supplied by us will be used in the course of your business or if you use the goods in the course of your business.
1.4 If you are not a business, you are a consumer, with certain statutory rights as a consumer which are not affected by these terms.
1.5 The headings in these terms and conditions are for convenience only and shall not affect their interpretation.
1.6 Our contract with you is personal to you and you will not be entitled to assign the whole or any part of the benefit and/or burden of our contract with you without our prior written consent.
1.7 Any person who is not a party to the contract between us shall have no rights under the contract (rights of third parties Act 1999) to enforce any of its terms.
1.8 The validity construction and performance of the contract between us will be governed by English Law and we both submit to the exclusive jurisdiction of the English courts.
2. Quotations and Tenders:
2.1 No order placed in response to our quotation will be binding unless accepted by us in writing
2.2 Tenders or quotations submitted by us are open for acceptance for a period no longer than 30 days from the date given in our written Tender/Quotation, unless in the Tender/Quotation some other period is specified. A Tender/Quotation may be withdrawn at any time before acceptance by us.
3.1 The price quoted excludes V.A.T. (unless otherwise stated) V.A.T. will be charged at the rate applying at the time of delivery or collection.
3.2 When goods are supplied in direct containers with terms of supply and prices based on C.I.F. then V.A.T becomes the responsibility to pay directly of the buyer, at the Port of entry in the UK and not our responsibility.
3.3 When goods are supplied in direct containers with terms of supply and prices based on C.I.F then all duties. Port clearance charges, demurrage and inland haulage charges are paid directly by the buyer and not our responsibility.
3.4 We reserve the right by giving notice in writing to you at any time before delivery or collection of the goods to increase the price of the goods to reflect any increase in cost to us, which is due to any factor beyond our control. Examples are any foreign exchange fluctuations, currency regulation changes, alteration of duties, costs of fuel and this is not an exhaustive list of the factory beyond our control.
4. Deliveries – Collections – Or Direct Container Supplied goods:
4.1 Any dates, times or periods quoted by us for delivery, collections or direct container shipments are estimates only, and we shall not be liable for failure to meet any such estimates, or for any costs, charges or expenses incurred as a result of any delay. You will not be entitled to refuse to accept the goods or cancel your contract with us because of such failure.
4.2 If the buyer fails to take delivery of the goods, or fails to collect on time, or fails to give us adequate delivery instructions, otherwise than by reason of any cause beyond the buyers reasonable control, or by reason of our fault, then without limiting any other right or remedy available to us, we may:
• Store the goods until actual delivery and charge the buyer for the reasonable cost, including insurance, storage, transport and handling and any other reasonable charges.
• Or sell the goods at the best price readily obtained and deduct all reasonable costs, including insurance, storage, transport, handling and sales costs, and charge the buyer for the excess over the price under the contract or charge the buyer for any shortfall below the price under the contract (in circumstances where we have been paid for the goods).
4.3 No cancellation can be accepted after the goods are dispatched.
4.4 No cancellation can be accepted for Direct Container supplied goods once raw materials have been purchased by the manufacturer and production of the order has commenced. Or if the manufacturer has purchased raw material specific only to your orders and has not other outlet for them.
4.5 Notice of any claim for shortages or damage should be made to us verbally at the time for delivery and confirmed in writing within 72 hours of delivery or collection.
4.6 Our liability in respect of any shortage, loss or damage to the goods shall be limited to the proportion of the price, attributable to those which have been undelivered, lost or damaged.
4.7 Goods returned without our written authorisation will be charged in full.
5. Terms of Payment:
5.1 Payment for goods is due by the date or term stated in our quotation/tender or contract.
5.2 Where we have agreed to discount the price for the goods, this is strictly conditional upon full payment of that amount being made within the agreed period and in the case of late or non-payment, we reserve the right to charge an amount equivalent to the value of the discount, which will be immediately due
5.3 Payment will not be deemed to have been made until the payment has been cleared into our bank or honoured as the case may be.
5.4 Without Prejudice to any other rights we reserve the right to charge interest accruing on a daily basis for payment outstanding after the due date at 4% above the base rate set by the bank we currently use for our transactions (both before and after judgements) until settlement has been received by us, together with the right to recover any costs which we incur in the recovery of overdue sums including legal costs, employment of debt collection agents but not exhaustive.
5.5 At any time before delivery of the goods or collection we reserve the right to notify the buyer that outstanding payment is require prior to delivery or collection and we shall be entitled to withhold delivery until payment is made.
5.6 You do not have the right to set off any money you may claim from us against anything you may owe us.
5.7 While you owe money to us, we have a right to keep any property we may hold of yours until you have paid us in full (a lien).
6.Title and Risk:
The risk in the goods shall pass from the seller to the buyer upon delivery of such goods to the buyer. However, notwithstanding delivery and the passing of risk in the goods, title and property in the goods, including full legal and beneficial ownership, shall not pass to the buyer until the seller has received in cash or cleared funds payment in full for all goods delivered to the buyer under this and all other contracts between the seller and the buyer for which payment of the full price of the goods there under has not been paid. Payment of the full price of the goods include the amount of any interest or other sum payable under the terms of this and all other contracts between the seller and the buyer under which the goods were delivered:
6.1 Risk of damage, or loss of goods will pass the buyer as follows:
• For C.I.F. (Carriage, Insurance, and Freight) Sea Freight and Marine insurance costs included to UK Port.
• For F.O.B. (Free on board ship at Port of dispatch) direct container shipments at the time the goods leave the factory (manufacturer). This means the buyer must insure the goods from this date.
• For C.N.F. (Carriage and Freight costs included to arrival at UK Port) shipments at the time the goods leave the factory (manufacturer). This means the buyer should insure the goods from this date.
• Collected goods from our distribution/storage warehouse at the date and time the goods are collected.
• Delivery of goods from our distribution/storage warehouse to the buyer’s premises at the date and time the goods are delivered.
6.2 At any time before title of the goods passes to the buyer (whether or not any payment is then overdue or the customer is otherwise in breach of any obligation to us) we may (without prejudice to any other of its rights) retake possession of all or any part of the goods.
6.3 The buyer agrees that we may enter any premises of the buyer or the buyer’s customer for the purpose of retaking possession of all or any part of the goods (or authorise others to do so).
7.1 Save where explicitly stated the buyer shall not be entitled to cancel the contract once and order has been accepted.
8. Patents, Trade Marks, intellectual property:
8.1 Any drawings, specifications or other technical information supplied to the buyer by us in connection with the contract are provided in the express understanding the buyer will not give, loan, exhibit or sell such drawings, specifications or technical information to any third party and that the buyer will not use them in any way except in connection with the goods or services provided hereunder. The copyright in all documents provided by us will remain vested with us.
8.2 The buyer will indemnify us against actions, costs (including defending and legal proceedings) claims, proceedings, accounts and damages in respect of any infringement or alleged infringement of any patent, registered design, copy-right, trade mark or other industrial or intellectual property rights resulting from compliance by us with the customers instructions whether express or implied.
9. Force Majeure
We shall not be liable for any failure or delay in performing the contract, including failure to deliver or delay in delivering the goods, where due to events or circumstances beyond our reasonable control including without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party’s workforce) or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate suitable materials
10. Guarantees, Warranties and Specifications:
10.1 We reserve the rights to make any changes in the specifications of the goods which are required to perform with any applicable safety or other statutory requirements or as we decide that improvements or changes are required.
10.2 Descriptions in our catalogue (including as to colours, designs, methods of manufacture and specifications) are illustrative only and the goods delivered may alter from the description.
10.3 We shall not be liable to the buyer by reason of any representation (unless fraudulent) or any implied warranty or guarantee, condition or other term, or any duty at common law, or under the express terms of the contract, for loss of profit or for any indirect, special or consequential loss or damage costs, expenses or other claims for compensation whatsoever whether caused by our negligence, our employees, agents or otherwise, which arise out of or in connection with the supply of the goods (including any delays in supplying or any failure to supply the goods in accordance with the contract or at all) or their use or resale by the buyer and the entire liability to us under or in connection with the contract shall not exceed the price of the goods, except as expressly provided in these conditions.
10.4 All goods are manufactured to acceptable manufacturing tolerances which may vary slightly from the published sizes.
10.5 Guarantee periods:
• Doorco GRP doors are conditionally guaranteed, by the Manufacturer DOORCO Korea Ltd, Korea, against internal construction failure for a period of 25 years from delivery or collection subject to the written delivery, handling, finishing and fitting instructions being adhered to.
• UV stability, DOORCO Korea Ltd, Korea, guarantee that the test result shown over a period of 10 years the colour will not exceed delta E of 9
11. Web Sites owned by DOORCO:
11.2 You agree that you shall not use our web sites for illegal purposes, and will respect all applicable laws and regulations. You agree not to use the web site in any way that may impair the performance, corrupt the content or otherwise reduce the overall functionality of the web site. You also agree not to compromise the security of the web site or attempt to gain access to secured areas or sensitive information.
11.3 You agree to be fully responsible for any claim, expense, liability, losses or costs including legal fees incurred by us arising from any infringement.
11.4 We will not be liable under any circumstances for indirect, special, or consequential damages including any loss of business, revenue, profits or data in relation to your use of the web site.
11.5 All intellectual property such as trademarks, trade names, patents, registered designs, photographs, pictures, used on our web sites remain our property.
11.6 You agree to refrain from copying, downloading, transmitting, reproducing, printing, or exploiting for commercial purposes any material contained within our web sites. This includes our many images which are our property. Should you wish to use any of our images, please contact us.
11.7 The information is provided on the understanding that our website is not engaged in rendering advice and should not be wholly relied upon when making any related decision.
11.8 The web site may contain hyperlinks to web sites operated by other parties. We do not control such web sites and take no responsibility for or liability in respect of their content.
11.9 The representation of some images may differ to the goods actually supplied as computer imaging is sometimes not definitive in colour or dimension.
11.10 We do not warrant that our web sites are free from infection or viruses and/or other contaminating or destructive properties.
11.11 We assure you of our commitment to your privacy when using our web sites and our compliance to the General Data Protection Regulation (GDPR). Our policy is to retain personal data in accordance with the GDPR and we confirm that any data collected, recorded, stored or disposed off will be done so in line with the GDPR Regulations.
11.12 You may request a copy of the data we hold about you, or modify your details by contacting us.
11.13 Whilst we make every effort to ensure the information contained within our web sites is accurate, we cannot give any guarantees to that effect.