Means Vista Panels Ltd (Company Number 3006563) Whose registered office is Unit H1 Prenton Way, North Cheshire Trading Estate, Wirral CH43 3DU.
Means the conditions set out in this document and (unless the context otherwise requires) includes any special conditions agreed in writing between the customer and the company.
Means the contract for the supply of the goods.
Means the person, firm or company who enters into the contract to purchase the goods.
Means the goods (including any instalment of the same) and services which the company is to supply to the customer.
Means the customers purchase order.
The price of the goods shall be the amount specified in the companies quotation relevant to the date of despatch of goods, less any discount agreed in writing by the company and the customer, the value added tax and any other sales tax, import duty or similar tax. Our quotations lapse after 30 days (unless otherwise stated).
The customer shall pay the price in respect of each invoice within 30 days after the month end of invoice (unless alternative terms are agreed in writing, between the company and the customer) .If you fail to pay in full on the due date we may, suspend or cancel future deliveries, cancel any discount offered to you, charge interest at the rate set under s.6 of the late payment of commercial debts Act 1998 or take legal action.
- Time of Delivery
Any delivery time or date given by the company is an estimate only and not a term of contract and the company shall not be liable for any loss or damage in respect of any delay in delivery however arising. If at the time of the order the goods are not immediately available for delivery the company shall deliver the goods when they become available. Time for delivery shall not be of the essence and the customer shall have no right to damages or to cancel the order for failure for any cause to meet any delivery time stated.
The goods are at your risk from the time of delivery, delivery takes place either when the goods are loaded at our premises (if you are collecting them or arranged carriage) or when the goods are unloaded at your premises or address specified by you. On delivery you must inspect the goods for damage and notify us within 48 hours in writing, you must not use the goods unless written permission has been obtained.
- Returned Goods
Goods will not be accepted back onto the company premises or vehicles unless prior approval has been obtained and a Goods Return Note number issued, following completion of the complaints procedure Vista will arrange collection.
- Reservation of Title
Property in the goods shall only pass to the customer on payment (meaning in relation to honouring a cheque) of all amounts due to the company. Until such payment property in the goods shall remain with the company, the customer shall keep the goods in its possession as bailee and take all reasonable care of them. The customer shall keep the goods separate from any other goods and identifiable as the company’s goods and fully insured for the benefit of the company. The company may at any time without notice recover possession of the goods and the customer grants the company irrecoverable licence to enter for that purpose any premises then occupied by the customer. Whilst the customer retains possession of the goods and the company has not given notice of intention to recover passion, the customer (acting its own behalf and not as agent for the company) sell the goods in the ordinary course of its business, the company shall be entitled absolute to the proceeds of the sale and the customer shall pay the proceeds to the company.
- Design and Specification
Vista Panels limited may withdraw and / or modify any design or specification of the goods at any time without notice to the buyer.
- Force Majeure
The company shall not be liable in respect of any loss or damage caused or arising out of any circumstances outside the company’s reasonable control (including without limitation, government regulations or orders, war, civil disorder, fire, flood, drought, tempest, theft, industrial dispute delay by suppliers, carriers or other sub-contractor or inability to obtain materials, labour or manufacturing services from usual sources).
- Customers Default
If the customer shall fail to observe or perform any of these conditions, or if a receiver of the customers assets shall be appointed or if a resolution or petition to wind up the customer shall be passed or presented the customer shall be entitled (in addition to any other rights or remedies) immediately to suspend performance of the company obligation under the contract or to terminate the contract or to suspend and later terminate.
The customer shall not rely upon any variation or waiver unless confirmed in writing by the company.
If on delivery there is damage, defect or shortage in the goods and the customer gives due notice under condition 5 above and returns the damaged or defective goods to the company, the company shall replace the damaged or defective or missing goods or (at the company option) credit the customer with the amount of the price attributed to those goods. Nothing in this clause shall affect the customer statutory rights, which are additional to warranty herein.
- Law and Jurisdiction
The contract shall be subject to and interpreted in accordance with English Law and any dispute arising out of the contract shall be subject to the jurisdiction of English courts.
The Company will only agree to cancellation on the condition that all costs and expenses incurred by the company up to the time of cancellation and all loss of profits and other loss or damage suffered by the company by reason of such cancellation will be paid forthwith by the customer to the company. All cancellations must be agreed in writing by both parties.
Subject as expressly provided in these conditions, all warranties, conditions or other terms implied by statue or common law are excluded to the fullest extent permitted by law. The company warrants its white PVC-U profile for 10 years from date of delivery. The company will extend to the customer the manufacturer’s warranty on all products not manufactured by the company. The company warrants its composite door, door set and door slab for domestic use for a period of ten years from the date of manufacture unless otherwise agreed in writing for the following: Door leaf 1. In normal use the doors will not crack, chip, blister, flake or peel. 2. When exposed to direct sunlight over long periods of time, discolouration may occur, but this will be within the accepted tolerances contained within GRS (Grey Scale Rating) 3-4 according to BS ENISO 11341 for paints and varnishes. The company warrants hardware (door hinges, lock sets handles etc.) for the period of 5 years from the date of manufacture for the following in normal use, all hardware functionality (excluding surface finish).Note: Handles and hinges should not be subject to stresses and operating forces beyond recommended levels as stipulated by the GGF guidelines and British Standards Code of Practice. Composite Door Glass Units 1. Obstruction of vision arising from deposition of moisture or deterioration of inner glass. This warranty is subject to the door being maintained in accordance with any guidance provided by the company. This warranty excludes 1. Damage from impact or neglect 2. Misuse 3. Failure due to poor installation 4. Failure due to building subsidence 5. Faults caused by wilful or neglectful damage or by excessive wear and tear 6. Any modification / alteration made post installation 7. Act of God. The company reserves the right to modify its designs; if any product or component is obsolete a product of equivalent specification will be supplied.
No waiver by the company of any breach of the contract by the customer shall be considered as a waiver of any subsequent breach of the same or any other provision of this or any other contract. If any of the provisions of these conditions is held by any competent authority to be invalid or un-enforced in whole or in part, the validity of the other provisions of these conditions and the remainder of the provisions in question shall not be affected thereby. The customer shall not assign or transfer any of its rights benefits or obligations under the contract 9 save with the prior written consent of the company. The contract shall be governed by the construed in all respects in accordance with English law, and the customer hereby submits for all purposes of and in connection with the contract, to the non-exclusive jurisdiction of the English Courts. Any notice required to be given hereunder shall be sent to the company at its registered office, and to the customer at the address shown on the order or its registered office 9at the companies discretion). A notice shall be deemed to have been served, if by hand when delivered if by telex or facsimile when transmitted, and if by first class post 48 hours after posting. Each of the provisions contained in these conditions in these conditions shall be construed as separate and severable. A person who is not a party to the contract has no rights under the contract (rights of Third Parties) Act 1999 to enforce any term of these conditions but this does not affect any right or remedy of a third party which exists or is available apart from the act.
Where any valid claim in respect of a breach of warranty given which is based on any defect in the quality or condition of the goods or their failure to meet specification notified to the company in accordance with these conditions, the company shall be entitled to. (a) Repair or replace the goods (or the part in question) free of charge: or at the company’s sole discretion. (b) Refund to the customer the price of the goods (or a proportionate part of the price).