Terms & Conditions

 

Parties

In these conditions Direct Rooflights is called the Company and any individual, firm, Company or other party with whom the Company Contracts with is called the Customer.

 

Tolerance

All sizes stated on product pages will be subject to a tolerance of +/- 5mm.

 

Purchasing

It is the buyers responsibility to ensure the product purchased and size ordered is suitable for intended application.

 

Quotations

No order from the Customer placed with the Company following a quotation from the Company shall be binding on the Company unless and until the Company accepts it in writing.  Any Contract made between the Company and Customer shall incorporate and be subject to these Terms and Conditions unless otherwise accepted in writing by the Company.

 

Electrical Components

The Company does not include for any onsite electrical work at all.  It is the responsibility of the Customer to ensure that all wiring and any other electrical fittings are checked before installation and fitted and tested by a qualified electrician.

All electrical components are factory tested before despatch and are in good working order.  Any damage to these components resulting from incorrect or faulty wiring or misuse in handling will be the responsibility of the Customer as will be the cost of replacement.

 

Design

All rooflights are manufactured to our own design and subject to this condition unless otherwise specifically agreed in writing.  It is the responsibility of the Customer to notify any change or individual specifications they require prior to our order acknowledgement.  It is the Customer’s responsibility to ensure that the design and specifications are compliant with any relevant building regulations or other regulatory controls applicable to any project.

 

Prices

Prices shall be the Company’s price ruling at the date of the despatch of goods.

 

Delivery

Unless otherwise provided for in the Contract delivery shall be to the Customer’s premises.

The price does not include the cost of off loading which shall be arranged by the Customer and performed at their sole expense and risk.

It is the Customer’s responsibility to provide any labour, Craneage, hoistage or lifting machinery to off load the Company’s goods upon delivery and to supply the necessary Health and Safety Risk Assessments relating thereto.

Delivery times are based on working days. All items will be delivered in 2 working days (Mon-Fri) once order is placed, unless otherwise stated.

 

Despatch

Whilst the Company will make every endeavour to comply with any date or dates requested for despatch or delivery of the goods, such date or dates shall not be binding on the Company.  If the Company fails to despatch or deliver the goods by such date or dates such failure shall not constitute breach of Contract.  The Customer shall not be entitled to treat the Contract as repudiated or to rescind it in whole or in part or to claim damages for such failure.

 

Risk

Where the Company itself delivers the goods, the risk shall pass to the Customer on delivery. In all other cases the risk shall pass to the Customer when the goods leave the Company’s premises.

Where the Company itself delivers the goods, the Company undertakes to replace or at their sole discretion to repair free of charge any goods damaged in transit, in which event the time for delivery of the goods shall be extended for such period as the Company reasonably requires for any such replacement or repair. It is a condition, precedent to this undertaking that

The Customer shall give written notice of such damage in transit with reasonable particulars thereof to the Company within 1 day of receipt of goods.

The Customer if requested by the Company to do so shall return the damaged goods to the Company within 1 weeks of its receipt thereof.

The Customer will indemnify the Company against any claims made against the Company in respect of any injury to any person or damage to any property arising from any defect in the goods or anything done or omitted to be done in the delivery thereof to the customers where such delivery is effected by the Company including any such injury or damage caused by the negligence of the Company, its employees or agents.

 

Limitations of Liability

Except in respect of death or personal injury caused by the Company’s negligence the Company shall not be liable to the customer by reason of any representation, any implied warranty, condition or other term, or any duty at common law or under the express terms of the Contract, or any direct or indirect, special or consequential loss or damage (whether for loss or profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of the Company, its employees or agents or otherwise) which arise out of or in connection with the supply of goods or their use by resale by the Customer and the entire liability of the Company under or in connection with the Contract shall not exceed the price of the goods, except as expressly provided for in these conditions.

It is the exclusive responsibility of the Customer to satisfy itself that the goods are suitable for the particular purposes for which they are required, not withstanding that such purposes were made known to the Company. The Customer shall not in this respect rely upon the Company’s skill or judgement or any advice it may give.  Accordingly, section 14(j) of the Sale of Goods Act 1979 shall not apply to the Contract and the Company shall not be liable to the Customer for damages in negligence in respect of any such advice or for failure to exercise proper skill and judgement.

 

Title

Notwithstanding that the risk in the goods has passed to the Customer the ownership of the goods shall remain with the Company (which reserves the right to dispose of the goods) until payment in full for all the goods has been received by the Company in accordance with the terms of their Contract or until the Customer sells the goods by way of bona fide sale at full market value.

The goods shall, so far as is practicable to be kept separate from other goods on the premises of the Customer and so as to be readily identifiable as the goods of the Company.

If payment is overdue in whole or part the Company may without prejudice to any or its other rights recover or resell the goods or any part thereof any may enter upon the Customer’s premises by its servants or agents for the purpose. Payment shall become overdue immediately upon the commencement or any act or proceeding in which the Customer’s solvency is involved.

 

Accounts

All payments must be made prior to manufacture once sizes and specifications have been established with the customer and confirmed in writing to the company.

All accounts shall be paid within 30 days from the date of invoice.

Where any sum owed by the Customer to the Company is overdue, the Company may in its own absolute discretion demand payment of all outstanding balances whether due or not and/or cancel all outstanding orders and decline to make further deliveries except on receipt of cash or satisfactory security. The setting off or withholding of payment by the Customer in respect of any claim shall not be allowed unless expressly agreed by the Company in writing.

The Company reserves the right to charge interest on monies due at the rate of 5% per annum above the base rate for the time being of Barclays Bank plc from the date on which payment is due until actual payment.

 

Glass Units

All our glass units are guaranteed under the Terms & Conditions of the glass manufacturer and will be covered for a maximum of 1 year from the date of invoice against failure.  Any breakages upon delivery must be reported within 24 hours as after this period the Company will not be responsible or held reliable for replacement or repair.

 

Guarantees

Guarantees will only come in to effect when full payment of invoice has been received by the Company and are subject to the Company’s 12th Month Warranty Conditions.

 

Packing Cases

Unless otherwise provided in the Contract the price does not include the cost of cases or other packing materials, which shall remain the property of the Company and be returned in good condition to the Company’s premises at the Customer’s expense within 2 months of delivery.

 

Force Majeure

The Company shall not be liable for any failure on its part to perform the Contract arising from any cause outside the Company’s control including but without prejudice to the general of the foregoing act of God, war, strike, lock out or other industrial dispute, fire, flood, shortages of materials or breakdown of machinery or plant and in these circumstances the Company expressly reserves the right to cancel or suspend the whole or part of the delivery.

 

Law

The contract shall be governed and construed in accordance with English Law.

 

Severance

If any provision (or part of a provision) in these Terms and Conditions are found by any Court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.

 

Pricing Disclaimer

All prices on this website are subject to change without notice. While we make every effort to provide you the most accurate, up-to-date information, occasionally, one or more items on our website may be mis-priced. We reserve the right to refuse to honor any incorrect prices.