Montroy Sales Ltd T/A All Ireland Doors & Windows
Any contract made is subject to these terms unless these terms are excluded or varied by express written agreement made by the company and the customer. The customer agrees to order the goods from the company subject to these terms and any conflicting terms of business of the customer shall have no effect.
The price of the goods shall be as published on the website or, in the case of non-website sales, in the order form. All prices quoted on website are subject to conditions.
Orders will only be accepted on receipt of contract price applicable on the date of payment.
Should improvements be made in the design or specification of the goods, between the date of contract and the date of delivery, the company may incorporate such improvements in the goods sold to the customer provided that the performance and quality of the altered goods are at least equal to those of the goods ordered. No price variation will be made except with the consent of the customer.
The company or its designated haulier will deliver the goods to the nominated address of the customer. Date for delivery is given as accurately as possible but is not guaranteed. The customer shall have no right to damages or to cancel the order for failure to meet any delivery date or time stated which is beyond the reasonable control of the company.
The date of delivery shall be dependent upon timely receipt of all necessary information, final instructions and approvals from the Customer. Changes in design specifications or quantities may result in delay.
The company will endeavour to comply with reasonable requests by the customer for postponement of delivery but shall be under no obligation to do so. If postponement for any reason is caused by the customer all associated costs shall be borne by the customer.
Packaging supplied by the company is intended to be sufficient only to protect the goods for all normal conditions of transit and for the normal period of transit.
A customer signed delivery note will be required to prove satisfactory delivery of the goods unless by prior arrangement with the company to leave goods elsewhere. In such circumstances, risk will pass to the customer and the customer shall be responsible for any claims for loss, theft or non-delivery. If the company is unable to effect delivery in such circumstances the costs of redelivery shall be borne by the customer.
No liability will be accepted regarding shortages or transport damages unless notified to the delivery personnel at the time of delivery and then to the company in writing within seven days. Goods claimed to be defective must be returned immediately and if the claim is agreed by the company the goods will be replaced or repaired free of charge.
The company warrants that the goods to be supplied, following acceptance of the customers’ orders will, at the time of delivery, be of satisfactory quality and in accordance with the specification. The company will make a full refund or replace free of charge any Goods which are shown to the Company’s satisfaction to have been defective at the time of delivery, provided that notice of such defect and satisfactory proof thereof is given by the customer immediately after discovery and within seven days from the date of delivery,
The company guarantees their products for a period of ten years in normal domestic use and installation and workmanship when carried out by an AID representative for 5 years.
Handles and Hinges should not be subject to stresses and operating forces beyond recommended levels. Surfaces should be cleaned with proprietary products only.
These Guarantees exclude damage from impact, neglect, misuse, failure due to poor installation where the door is fitted by other than the company’s representatives, failure due to building subsidence, faults caused by wilful or neglectful damage, by excessive wear and tear or any modifications or alterations made post installation.
No representation is made, nor warranty given, by the company as to the suitability or fitness of the goods for any particular purpose and the customer shall be responsible for ascertaining whether the goods are suitable or fit for the customer’s purpose. The company shall be under no liability for any loss damage, expense or liability incurred by the customer or any third party as a result of the goods not being suitable for a particular use.
The company’s liability in connection with the sale of the goods to the customer shall be as follows: In respect of physical damage to or loss of the customer’s tangible property to the extent that it results from the wilful default or negligence of the company, its employees, agents or contractors, the company’s liability shall be limited to the price of the goods in respect of each incident or series of connected incidents. In respect of all other direct loss (whether in contract, tort, or otherwise) the seller’s liability shall not exceed the price of the goods. In respect of any loss of goodwill or for any type of consequential, special or indirect loss or damage the company’s liability shall be nil.
Nothing in these Conditions shall be deemed to exclude or restrict the company’s liability for fraudulent misrepresentation or for death or personal injury resulting from the company’s negligence, or any liability for breach of the the company’s implied undertaking as to title.
The customer recognises that the limitation of liability contained in this clause is reasonable in that the prices quoted by the company are dependent upon such limitation being incorporated in the contract.
If the company is prevented from making delivery of any goods by reason of force majeure (as hereinafter defined) the company shall be under no liability whatsoever to the customer nor shall the Company be deemed to be in breach of the contract by reason of any delay in performing or failure to perform any of its obligations in relation to the goods and the company shall have the right at its absolute discretion to allocate such deliveries as it is able to make, between deliveries pursuant to the contract and deliveries pursuant to any other contract with any third party.
The following shall be regarded as force majeure: Act of God, explosion, flood, tempest, fire, accident, war, threat of war, sabotage, insurrection, civil disturbance, government requisition, acts, restrictions, regulations, byelaws, prohibitions, or measures of any kind, on the part of any governmental, parliamentary, or local authority; import or export regulations, or embargoes, strikes, lock-outs, or other industrial actions, or trade disputes, shortages of raw materials, labour, fuel or parts of machinery, power failure, or breakdown in machinery, including tooling and die failure and any other cause whatsoever beyond the reasonable control of the company.
The customer shall indemnify the company against any damages, losses, costs, claims or expenses suffered or incurred by the company in respect of any claim brought against the company by any third party for any loss injury or damage suffered as a result of a failure on the part of the customer or any third party to use handle or deal with the goods in a safe and proper manner and in accordance with all applicable regulations and all procedures recommended by the company. Nothing in this clause will require the customer to indemnify the company against any liability to the extent that this arises as a result of company’s own negligence.
The company will only agree to cancellation on 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 resulting to the company by reason of such cancellation will be retained on cancellation by the company.
All drawings documents and other information supplied by the Company are supplied on the express understanding that copyright is reserved to the company and that the customer will not without the written consent of the company either give away, loan, exhibit or sell any such drawings or extracts there from or copies thereof or use them in any way except in connection with the goods in respect of which they are issued.
The information contained in the advertising sales and technical literature issued by the company may be relied upon to be accurate in the exact circumstances in which it is expressed otherwise any illustrations performance details examples of installations and methods of assembly and all other technical data in such literature are based on experience and from trials under test conditions. Accordingly, the information contained in the publications is provided for general guidance only and forms no part of the contract unless expressly agreed in writing. Customers should obtain specific recommendations and advice from the company regarding the uses and attributes of its products.
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-enforceable in whole or in part, the validity of the other provisions of these conditions and the remainder of the provision in question, shall not be affected thereby.
Where the customer chooses to either install the door himself or to use the services of his own installer the customer alone will be responsible for carrying out negotiations with the installer to establish the cost and timing of the installation, any contractual relationship arising out of such negotiations will be solely between customer and installer.
The company will accept no responsibility or liability for any defects arising out of the installation of the goods if fitted by other than the company’s representatives