Terms & conditions

Cambrian Windows Limited

The Contract

1. No binding contract will arise until your order comprising all necessary measurements, specifications and delivery requirements has been received by us on our order form and entered for work on our computer system.  We reserve the right to refuse supply.
2. Once received your order cannot be cancelled, postponed or altered in any way by you, except with our written agreement and on such terms as we may agree.
3. Unless otherwise agreed by us in writing, these conditions will apply to the contract to the exclusion of any terms and conditions of yours, and in the event of any conflict or inconsistency between these conditions and any other terms of the contract, these conditions will prevail.
4. No person acting or purporting to act on our behalf has any authority orally to add or to vary any of the terms of the contract or to waive any of our rights under it, and no such addition, variation or waiver shall have any effect unless agreed by us in writing. No waiver by us of any of our rights under the contract will be considered to constitute a general waiver of those or any other such rights.

The Goods

1. All drawings, descriptive matter, price lists, catalogues, brochures and other promotional material of ours are approximate only and intended merely to give a general idea of the goods, and will not form part of the contract.
2. The goods will be made in accordance with the dimensions and other specifications stated on your order*. All orders will be acknowledged and it is your responsibility to ensure that the order has been entered correctly on our system. Any discrepancies must be notified immediately.
3. We reserve the right to change any products used to manufacture our goods without notice.
4. You acknowledge that you have read in full and understand all items pertaining to the goods specifications and information pertained in your price list.

Delivery

1. Unless otherwise agreed in writing, the goods will be delivered to the delivery address stated on your registration form. We will use all reasonable efforts, but will not be obliged to comply with any delivery procedures included in your purchase orders or otherwise notified by you.
2. You acknowledge that orders placed outside your key order day, or after 12pm on this day, as explained in your price list, are not guaranteed for delivery the following week.
3. You will ensure that at all times when delivery of the goods is due to take place, our vehicle and personnel will have unimpeded and safe access to the delivery site from the nearest public road and for offloading the goods. Our personnel are instructed only to offload the goods at the delivery site immediately adjacent to the rear of the vehicle, at which point delivery will be complete. The risk of loss or deterioration of or damage to the goods will be borne by you from the point of delivery, even if our personnel move them beyond that point.
4. If you are unable or unwilling to accept delivery of the goods in accordance with these conditions on arrival of our vehicle at the delivery site on the delivery date notified by you, we may retain the goods in our storage to which we will be entitled to charge current rates of storage. The appropriation or dispatch of any of the goods for storage in accordance with this condition will be treated as constituting their delivery to you in accordance with the contract for all the purposes of these conditions.
5. If we are prevented from or delayed in delivering any of the goods through any circumstances beyond our reasonable control, we may delay their delivery. In any event, we can accept no liability for any delay, however caused, in meeting delivery times, which are to be regarded as estimates only, and no such delay will entitle you to cancel or terminate all or any part of the contract.
6. We will not be liable for any shortage in or damage to the goods as delivered, unless it is notified in writing to our personnel at the time and confirmed to us in writing within three working days of delivery

Remakes

1. Should you require a remake item for any reason, a collection note will be issued and you will be sent a “remake request form” to sign. On receipt of this form, duly signed, a remake will be processed. The replacement item will be invoiced and payment for this item will be required on delivery. Using the collection note issued the original item can be returned for inspection. If the fault is found to be a manufacturing error, a credit to the value of the original item will be issued.
2. Any goods manufactured incorrectly as a result of a processing error will be subject to the terms stated in 4.1. *We will accept no liability for any other items purchased as a result of any such processing errors as all our orders are acknowledged and it is your responsibility to check the order has been processed correctly.
3. We accept no liability for any items returned to us without the correct collection note.

Payment and Prices

1. The prices for the goods will be in accordance with our price list as last notified to you at the date on which we receive your order. All prices are subject to increases. All prices are subject to discounts as agreed in writing. Any items not priced in our price book will be priced on our computer system and the price stated by Cambrian will be the actual price charged.
2. You acknowledge that you have read and understand our price list.
3. All prices for goods exclude VAT and this will be charged as extra and included on our invoice.
4. Unless otherwise agreed in writing, the goods and any other sums due to us will be payable in banker draft or cash and paid in full without any deduction or set-off whatsoever.
5. If no allocation of payment is received from you we will allocate payment in invoice date order, taking the earliest first.
6. We may charge you interest on any amounts not paid by the due date at 1% per whole or part month, and we may in addition cancel, suspend or terminate delivery of goods for which your orders have been confirmed, without prejudice to any other rights and remedies we may have and without incurring any liability to you for any consequences of such cancellation, suspension or termination, this also will include any variations outside your payment terms where we feel it necessary to suspend delivery due to non-payment by means of any type of dishonoured cheques without further notification.
7. The property in the goods will not pass to you until you have paid us for them in cleared funds and all other sums invoiced to you as at the date of delivery of the goods, and until the property in the goods has passed you will hold them as our fiduciary, and we will be entitled to have access to them to inspect and remove them. We may bring an action for the price of the goods even though the property in them may not have passed to you.

Liability

1. Except as required or agreed by us, you will not in any circumstances return any of the goods to us, and where the property in any of the goods returned to us has passed to you, they will nevertheless remain your property at your risk unless we have agreed otherwise in writing before their return.
2. We will not be liable for any direct or consequential loss suffered or incurred by you or any third party, and you will indemnify us fully against any claim made by a third party in respect of the goods. Our liability will in any event be limited to the price of the goods concerned. Nothing contained in the contract will, however, be treated as excluding or restricting any liability on our part for death or personal injury resulting from our negligence.
3. Except as stated above, all conditions and representations, whether express or implied, statutory or otherwise in relation to the goods are excluded.
4. You acknowledge that our prices for the goods are based upon these conditions of sale, and accordingly that you accept the above limitations on and exclusions of liability in exchange for those lower prices.
5. The Company reserves the right to make enquiries about your financial status in connection with our supply of goods to you, including the use of credit reference agencies where appropriate. You will have a right of access to any personal data held about you upon request. By signing this Customer Registration Form you consent to such enquiries.