Nothing in these Terms and Conditions will reduce your statutory rights relating to faulty or miss-described goods. For further information about your statutory rights contact your local authority Trading Standards Department or Citizens Advice Bureau.
1 To the customer (a) Disregarding item 4. ShutterMan herein known as “S-M” agrees to supply as part of its contract, all materials S-M in accordance with its own or manufacturers guidelines and recommendations. (b) S-M agrees to undertake all necessary precautions during its own installations and to carry out fitting in a professional way. All installations are fitted to best endeavour. (c) S-M will inform the customer to the best of their knowledge the manner in which the products may be applied. However, no claims for compensation will be accepted against assumptions made in respect of our operations, installations and product capabilities.
2 Quotations (a) All quotations by S-M represent an invitation to the buyer to place an order and do not constitute a legal offer. The purchase order will be regarded as the offer and S-M order confirmation acceptance will be regarded as binding. No alternative terms & conditions will be considered or accepted by S M. (b) All prices are quoted without commitment and are subject to alteration or withdrawal by S-M after 30 days without prior notice. Orders are accepted on
condition that the prices charged are those ruling at the date of dispatch unless S-M specifically agrees in writing to engage a fixed price contract. 1 Your Guarantee (a) S-M agrees to repair or replace any products falling below the high standards set by S-M or by our manufacturers, if proven to be defective in materials or workmanship and/or fall outside the permitted tolerances allowed: measuring +/- 2mm and 1mm warp over 300mm. Please note that this does not include: 1. Using the shutter in an exterior environment. 2. A tier on tier installation where advised of weight hanging issues likely to arise. 3. Products in a high moisture environment. Guarantee periods vary with type of product.
(b) In the case of Supply Only. S-M agrees to repair or replace any products falling below the high standards set by S-M or by our manufacturers, if proven to be defective in materials or workmanship and/or fall outside the permitted tolerance Tolerances allowed: measuring +/- 2mm and 1mm warp over 300mm. Please note that this does not include: 1. Using the shutter in an exterior environment. 2. A tier on tier installation where advised of weight hanging issues likely to arise. 3. Products in a high moisture environment. Guarantee periods vary with type of product.
(c) Where defective products/workmanship are claimed the buyer must give reasonable access (weekdays 8am – 5pm) to S-M within a period of 3 months from the claim, to evaluate, repair or replace the defective part or product. Failure to give this access to S-M within 3 months will invalidate the claim and any balances outstanding will immediately fall due for payment.
4 Non-Guaranteed Items. Any products supplied at a customer’s request that are outside the relevant manufacturer’s specifications or used in extremely damp conditions outside manufacturer’s recommendations, where such details S-M are made known during sales consultation and noted on our sales order confirmation, will be excluded from guarantee. S-M cannot guarantee the goods against fading especially as a result of exposure to sunlight, where over time, fading will occur.
5 Liabilities. (a) Tolerance levels of overall panel specifications are plus or minus 2mm, and the product will not be considered defective if falling within the size range. Warping on any component part, vertical or horizontal, shall not exceed 1mm per 300mm and shall not be considered defective if within this tolerance. (b) S-M gives no warranty as to the fitness of the product supplied for any purpose other than that of an internal window dressing as surveyed by S.M. Other installations and uses are at the risk of the buyer. (c) If the installation is not completed within the estimated delivery period quoted to the buyer, the buyer may serve notice to S-M requiring that the installation be completed within such reasonable period as the buyer may specify (in general S-M would accept six weeks as being reasonable). If the installation is not completed within such extended period the buyer may request compensation for each week thereafter that the installation is not completed. Not with-standing the foregoing; i.) S-M shall not be liable for any delay in the completion of an order arising from any cause beyond the control of S-M. In the event that S-M specifies a date of completion, the time period of any delay beyond the control of S-M, shall be deducted from the period any time penalty. ii.) Cancellation of any uncompleted contract shall not release the buyer from the obligation to pay for that part of the contract that has been completed.
6 Limitations. It is recommended that shutter panels be ordered within our normal specification range. For example, panels above 1800mm in height are ordered with a Mid-rail, and that panel widths do not exceed 750mm. We may exceed the limitation at your request, but in doing so we cannot accept responsibility for problems that result. If the client is not on site when property is surveyed or installed the shutters will be fitted in accordance to our standard practices unless agreed prior to confirmation. If they chose to install against our recommendation, then liability will be theirs. When the buyer installs him/herself or employs his/her own labour to install the product S-M will not accept liability for any damage.
7 Stain & Paint Finishes (a) Stain Finishes: As a natural timber product with varying colours and grains a 100% match against sample swatches cannot be guaranteed. (b) Paint Finishes: Due to the materials used and the spraying processes involved some slight tonal differences may be noticeable under certain light conditions, even where a specific colour code is supplied and used in relation to a paint finish. These minor variations will not be deemed incorrect or defective on the part of S-M.
8 Samples / Minimum Order Samples: Free of charge timber/colour samples can be supplied to the buyer. Sample shutters can be supplied and invoiced at charges specified in the S-M price list if not returned within 1 month of despatch. Minimum Order: Minimum order value is £400.00 including fitting. This is because the costs involved to survey, and later fit prevents us from taking on smaller projects.
9 Retention of Title. Goods shall remain the property of S-M until full payment has been received. The buyer’s right to possession of the goods will cease at the earliest of the following; either (i.) On expiration of any agreed period of credit, or (ii.) the due date for payment of any invoice has passed. 10 Payment Terms. (a) All materials supplied by S-M are custom-made to exact requirements in size, finish and design. A 50% deposit of the total order value is payable to commence production. By forwarding a payment it is understood that the buyer is instructing S-M to process an order, Acceptance of payment by SM shall constitute a contract between the buyer and S-M. Cancellation by the buyer without penalty will not be possible once production has begun. Any balances payable are due immediately upon completion of installation. (b) In the case of Supply-Only/Mail Order any balance will be payable prior to dispatch. 11 Non-Payment Terms. (a) Unless S-M has approved a credit application evidenced in writing, all goods must be paid for prior to delivery or on completion of installation. (b) S-M will inform customers by phone and if necessary in writing of any outstanding amounts if full settlement is not received within 7 days of installation. Amounts unpaid after 14 days will be subject to a “one off” late payment fee of £30.00 and interest shall be charged thereon at a rate of 3% above the base rate of Barclays Bank PLC for the time being on a day to day basis. Interest will be added to the balance monthly. Additional costs incurred to recover the outstanding balance will be added to any balance.
12 Delivery. (a) Delivery times given will be deemed correct at time of order placement. However, as a custom-made product, all delivery times stated shall be for guidance only and shall not be deemed as part of any contract with S-M unless otherwise specified. Specific dates for completion must be notified in writing and included with an order. Such arrangements may be subject to additional charges as deemed appropriate by S-M. (b) If goods are delivered to the buyer, prior to installation by S-M, the buyer shall be responsible for their safe keeping, and should make sure they are adequately insured against loss or damage.
13 Mail-Order Delivery/Carriage Charges. UK Mainland Your order will be despatched in the “best way” in terms of cost and appropriate service unless otherwise agreed. There is a charge on all orders for goods. Current charges can be found in the S-M most recent price list. Exceptions are single packages of hardware and sample colours, which will be forwarded to the buyer by S-M at the request of the buyer by first class post to be charged at cost if agreed. (b) SM will be responsible only for deliveries made by our approved carrier. (c) Non delivery, damage, or pilferage in transit must be reported in writing to S-M within reasonable time of receipt of invoice or advice of despatch or delivery. Where goods are collected from S-M, by the buyer or a third party nominated by the buyer the risk in the goods passes to the buyer upon delivery to the buyer or such third party. Thereupon, all liability from S
M in the goods for loss or destruction, breakages, shortages or non-delivery shall cease. (d) When goods are delivered, the buyer shall be responsible for checking the complete order has been delivered. Any claim for shortage must be made within reasonable time. Once delivered to the buyer, the buyer shall be responsible for their safe keeping and should make sure they are adequately insured against loss or damage.
Shutter-Man South East Limited, 33 Scarletts Close, Uckfield, East Sussex TN22 2BA. Company Reg: #10938024 vat # 284 0628 04 t. +44 (0)1825 760722 m. +44 (0)7538 474467 e. firstname.lastname@example.org w. shutterman.uk