Terms and Conditions – Portman Doors Ltd
Disclaimer: This is a sample document and should not be considered legal advice. Portman Doors Ltd should consult with a qualified legal professional to ensure these terms and conditions are suitable for their specific business needs and comply with all relevant UK laws.
1. Application and Entire Agreement
1.1. These Terms and Conditions apply to the purchase of the goods and any associated services detailed in our quotation (Goods) by the buyer (you or the Customer) from Portman Doors Ltd, a company registered in England and Wales under number [Company Number] whose registered office is at [Registered Address] (we, us, or the Supplier).
1.2. Your acceptance of our quotation, or payment of the deposit, constitutes a legally binding contract between you and us, governed by these Terms and Conditions.
1.3. These Terms and Conditions and the accepted quotation (together, the Contract) constitute the entire agreement between us and you, superseding all prior discussions or agreements. No other terms, including any you may propose, shall be incorporated into the Contract unless agreed by us in writing.
2. Interpretation
2.1. A “business day” means any day other than a Saturday, Sunday or public holiday in England and Wales.
2.2. Headings are for convenience only and do not affect interpretation.
3. Quotations, Specifications and Orders
3.1. The description and specification of the Goods are set out in our written quotation and any accompanying technical drawings.
3.2. Your Responsibility for Specifications: It is your responsibility to verify that all details, measurements, and specifications in the quotation and any accompanying drawings are correct and meet your requirements. We shall not be liable for any costs arising from inaccuracies that you have not corrected.
3.3. Any descriptions, illustrations, or specifications in our catalogues, websites or sales documentation are for guidance only and do not form part of the Contract.
3.4. Our quotation is valid for 30 days from the date of issue unless we withdraw it sooner. A quotation does not constitute an offer to supply.
3.5. We reserve the right to make changes to the specification of the Goods to conform with any applicable safety or statutory requirements.
4. Price and Payment
4.1. The price for the Goods (the Price) is that stated in our quotation.
4.2. The Price is exclusive of VAT, which will be added to the invoice at the prevailing rate.
4.3. A non-refundable deposit of 50% of the total Price is required to confirm your order and commence the manufacturing process.
4.4. The final balance of 50% of the Price is due in full and cleared funds upon notification that your Goods are ready for dispatch, and in all cases prior to the arrangement of a final delivery or installation date.
4.5. Should you fail to make any payment by the due date, we reserve the right to: a. Suspend any further work, delivery, or installation. b. Charge interest on the overdue amount at a rate of 8% per annum above the Bank of England’s base rate, accruing daily. c. Charge for any reasonable storage costs incurred.
4.6. Time for payment is of the essence of the Contract. All payments must be made in British Pounds (£) without any deduction or set-off.
5. Delivery and Installation
5.1. Any delivery or installation dates provided are estimates only. While we will use reasonable endeavours to meet these dates, we shall not be liable for any delays caused by factors beyond our reasonable control (e.g., manufacturing delays, shipping issues, or issues under the Force Majeure clause).
5.2. Your Site Obligations: To ensure a safe and efficient installation, you must: a. Provide clear, safe, and unobstructed access to the installation area. b. Ensure the site is structurally sound and prepared (e.g., finished floors, completed plastering) for the installation of the Goods. c. Provide access to adequate power and welfare facilities for our installers.
5.3. If we are unable to proceed with delivery or installation because the site is not ready or accessible, we reserve the right to charge for the aborted visit and for any subsequent storage of the Goods.
5.4. Installation services, unless specified otherwise in the quotation, do not include any structural alterations, electrical or plumbing work, or re-decoration (e.g., plastering, painting) required after the installation is complete.
6. Inspection, Acceptance and Completion
6.1. You must inspect the Goods upon delivery and/or upon completion of installation.
6.2. You must notify us in writing, with supporting photographic evidence, of any visible damage, defects, or shortages within 48 hours of delivery or installation. Failure to do so will deem the Goods to have been accepted.
6.3. Upon completion of installation, our installation team will ask you to sign a Completion Certificate or satisfaction note. Your signature confirms that the installation has been completed to your satisfaction and the Goods are in an acceptable condition. Any defects noted at this time must be recorded on the certificate.
6.4. We shall not be liable for any defect if: a. You make further use of the Goods after giving notice of a defect. b. The defect arises from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow our instructions, or misuse or alteration of the Goods without our approval.
7. Risk and Title
7.1. Risk in the Goods passes to you on completion of delivery to your property.
7.2. Title (legal ownership) of the Goods shall not pass to you until we have received payment in full and cleared funds for the Goods and any other sums due.
7.3. Until title has passed, you must hold the Goods on our behalf, store them separately and in good condition, and not remove any identifying marks. We retain the right to enter your premises to recover the Goods in the event of non-payment.
8. Warranty and Liability
8.1. Warranty: We warrant that the Goods will be supplied with reasonable care and skill and, where applicable, will be covered by a manufacturer’s warranty, the details of which will be provided to you.
8.2. Consumer Rights: If you are purchasing as a consumer, nothing in these Terms and Conditions affects your statutory rights. We have a legal duty to supply Goods that are in conformity with the Contract, meaning they must be of satisfactory quality, fit for purpose, and as described, in accordance with the Consumer Rights Act 2015.
8.3. Limitation of Liability: Our total liability to you, whether in contract, tort (including negligence), or otherwise, shall not exceed the total Price paid by you under the Contract. We shall not be liable for any indirect or consequential loss, such as loss of profit, loss of business, or depletion of goodwill.
8.4. We do not exclude or limit our liability for: a. Death or personal injury caused by our negligence. b. Fraud or fraudulent misrepresentation. c. Any matter for which it would be illegal for us to exclude liability.
9. Cancellation
9.1. As the Goods are made-to-measure and manufactured to your unique specifications, you have no right to cancel the Contract once the deposit has been paid and the manufacturing process has begun. The provisions of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 regarding cancellation do not apply to this Contract.
10. Force Majeure
10.1. Neither party shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause beyond their reasonable control, including but not limited to: acts of God, fire, flood, pandemic, industrial action, war, or governmental action.
11. General
11.1. No Waiver: Any failure by us to enforce any part of these Terms and Conditions will not be a waiver of our right to do so later.
11.2. Severance: If any provision of this Contract is found to be invalid or unenforceable, it shall be severed, and the remaining provisions shall continue in full force.
11.3. Third Party Rights: A person who is not a party to this Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Contract.
11.4. Governing Law and Jurisdiction: This Contract shall be governed by and construed in accordance with the laws of England and Wales. Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.
