SALES - Terms & Conditions       DATE ISSUE Page   1/5/13  1 of 3       

1. GENERAL

1.    All issued quotations and accepted orders are subject to our standard terms and conditions of sale and no alterations to these conditions shall take effect unless confirmed by us in writing prior to order placement.

2.    The following terms and conditions of sale are applicable to all Spiral Hardware Ltd orders All materials and products will remain the property of Spiral Hardware Ltd until paid for in full.

  2. VALIDITY

1.    Quotations and prices are subject to withdrawal or alteration in whole or in part at any time. Unless otherwise stated by us in writing, quotations are open for acceptance within 30 days of the date thereof.

3. PRICES & DISCOUNTS

1.    Unless otherwise specified within our quotations, our prices (subject to errors and omissions), include for the supply only of the items specified. Prices charged will be those ruling at the date of despatch. We reserve the right to change prices and/or specifications at any time and without prior notice.

2.    All prices quoted are exclusive of VAT, which will be charged as applicable.

3.    All discounts offered are structured and proportional to the sales order value. Spiral Hardware Ltd reserves the right to modify our discount policy at any time and without prior notice.

4.    Should the order quantity and/or value be modified prior/after despatch, Spiral Hardware Ltd reserves the right to modify the remaining prices (including discount) accordingly.

5.    Unless highlighted within our quotation, all prices are exclusive of carriage and are based upon collection. All carriage prices are not subject to discount.

4. PAYMENTS

1.    Unless a Credit Account has been agreed/established in advance, all goods will only be despatched once a full pro-forma payment has been received and the associated funds cleared.

2.    All account payments are due 30 days from the date of invoice unless previously agreed in writing by Spiral Hardware Ltd. All account invoices will be raised upon the date of order despatch.

5. DELIVERIES

1.    All delivery dates are supplied in good faith; however Spiral Hardware Ltd accepts no responsibility for the failure to deliver on any given date.

2.    Claims for non delivery, shortages and damages must be notified to Spiral Hardware Ltd within 24 hours of delivery.

6. REFUND POLICY

1.    Any faulty goods will be replaced or credit noted at no additional cost to our client. Faulty goods must however be reported within 24 hours of delivery.

2.    Unwanted Stocked Items may be refunded at Spiral Hardware Ltd’s discretion. In this instance, it is the client’s responsibility to organise suitable transportation for the returned goods. Spiral Hardware Ltd will not refund any returned goods that have been damaged since receipt. Spiral Hardware Ltd reserves the right to cover transportation and administration costs in this instance.

3.    No Unwanted Bespoke Products (including glass) will be refunded.

7. BESPOKE DESIGN SERVICE

1.    On orders where Spiral Hardware Ltd is providing the client with a bespoke design service, Spiral Hardware Ltd extent of liability is purely that of the supply of products/materials.

2.    Whilst drawings may be issued to relay site survey requirements and general arrangement approvals, It is the client’s responsibility to ensure that all dimensions indicated are accurate and that where shown, openings are square. The client must also ensure that the fixing methods and interfacing structure is suitable for the associated design loadings.

3.    Spiral Hardware Ltd only accepts design responsibility in regards to the dimensional design of components to the information provided/approved.

4.    All programmes provided in relation to our design services are provided in good faith and are subject to change without prior notification to the client.

8. GUARANTEE

1.    The extent of Spiral Hardware Ltd’s liability in connection with the component parts and equipment sold is limited to the extent of the guarantee supplied by the manufacturer of the part.

2.    Responsibility is limited to the repair or replacement of the unit sold or part thereof and in no instance is Spiral Hardware Ltd liable for any consequential loss or damage.

3.    Our responsibilities under these clauses shall ceases if:-

a)   The client has not paid in full invoices for goods supplied by us, within the payment terms stipulated.

b)   Our representatives are denied full and free right of access to the goods.

c)    The client permits persons other than our employees, agents or those approved by us to effect any replacement of parts to the goods.

d)   The client/customer has not properly maintained the goods.

e)   The client/customer uses spare parts or replacements not manufactured or supplied on behalf of Spiral Hardware Ltd.

9. CLIENTS/BUYERS OBLIGATIONS

1.    Unless otherwise stated within our quotation, the client/buyer shall or cause their agents to:-

a)   Contract fully qualified & professional installers, to install any product purchased from us. Spiral Hardware Ltd and our manufactures will not be held liable for faulty installations, failure to carry out installation according to instructions & Drawings or by the lack of skill by whoever installs and product purchased from us.

b)   Design and construct proper and accurate supports, foundations or seating’s in compliance with any requirements stipulated in the installation instructions provided by Spiral Hardware Ltd and suitable in all respects for the construction or installation of the products supplied.

c)    Be responsible for the off loading and checking of products supplied, ensuring proper provision for Health and Safety and welfare facilities at the delivery address.

d)   Ensure that a copy of the relevant installation instructions & drawings have been received and relayed to the Installation operatives appointed by the client. Spiral Hardware Ltd reserves the right to invoice and be paid by the client for any site inspection resulting from poor/inaccurate installation and/or use of the use of the products supplied.

10. THIRD PARTY LIABILITY

1.    Spiral Hardware Ltd shall not be responsible for damage, injury or loss of any kind whatsoever to any property or persons however arising from the use of goods or otherwise in connection to installation. Nor shall we be responsible for any risks, which the client’s/customers insurance company may consider to have been undertaken by reason of delivery, installation or the use of goods supplied.

11. DISCLAIMER

1.    If by reason of any circumstances whatsoever beyond our control, including (but without prejudice to the generality of the foregoing) War, Riots, Civil Commotion, Strikes, Lockouts, Fire, Explosions, Requisitions, and acts of God, we shall be unable to deliver any goods, we reserve the right to cancel the contract in respect of the goods being affected, and the contractual obligations in respect of these goods shall be wholly discharged.

2.    In as much as we have no control over the final use to which goods supplied by us be put, we therefore do not warrant the goods will be fit for any particular purpose. So far as statute permits and other express or implied term, condition or warranty, whether arising under statute or otherwise, as to the fitness, suitability, quality conditions correspondence with description or sample or merchantability of the goods is hereby expressly excluded from the Contract terms.

3.    It is expressly understood that any Technical advice furnished by us with reference to the use of goods is given without charge and we assume no obligation or liability for the advice given or results obtained, all such advice being given and accepted at your own risk.

12. DATA PROTECTION ACT 1998

1.    We DO NOT transfer information about you to our bankers / financiers for any purposes

13. LEGAL CONSTRUCTION

1.    These Terms and Conditions shall be governed by and construed according to English Law and all disputes arising in connection therewith shall be submitted to the jurisdiction of the English courts. This agreement is solely between Spiral Hardware Ltd and the client, any and all subcontractors will issue their own terms & conditions to the client, and acceptance of these is a matter for those parties.

2.    The laws of England & Wales shall govern this agreement and the parties hereby submit to the non-exclusive jurisdiction of the Courts of England & Wales.