1. GENERAL
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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.
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The following terms and conditions of sale are applicable to all Spiral Hardware
Ltd orders (inc. Frameless Glass Solutions, a division of Spiral Hardware Ltd)
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All materials and products will remain the property of Spiral Hardware Ltd until
paid for in full.
2. VALIDITY
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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
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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.
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All prices quoted are exclusive of VAT, which will be charged as applicable.
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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.
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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.
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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
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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.
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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
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All delivery dates are supplied in good faith; however Spiral Hardware Ltd
accepts no responsibility for the failure to deliver on any given date.
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Claims for non delivery, shortages and damages must be notified to Spiral
Hardware Ltd within 7 days of despatch.
6. REFUND POLICY
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Any faulty goods will be replaced or credit noted at no additional cost to our
client. Faulty goods must however be reported within 7 days of despatch.
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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.
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No Unwanted Bespoke Products (including glass) will be refunded.
7. BESPOKE DESIGN SERVICE
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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.
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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.
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Spiral Hardware Ltd only accepts design responsibility in regards to the
dimensional design of components to the information provided/approved.
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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
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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.
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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.
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Our responsibilities under these clauses shall ceases if:‐
- The client has not paid in full invoices for goods supplied by us, within the
payment terms stipulated.
- Our representatives are denied full and free right of access to the goods.
- The client permits persons other than our employees, agents or those
approved by us to effect any replacement of parts to the goods.
- The client/customer has not properly maintained the goods.
- The client/customer uses and spare parts or replacements not
manufactured or supplied on behalf of Spiral Hardware Ltd.
9. CLIENTS/BUYERS OBLIGATIONS
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Unless otherwise stated within our quotation, the client/buyer shall or cause
their agents to:‐
- 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 or by the lack of skill by whoever installs and product
purchased from us.
- 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.
- 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.
- Ensure that a copy of the relevant installation instructions 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
- 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
- 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.
- 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.
- 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
- We may transfer information about you to our bankers / financiers for the
purposes of providing services and for the following purposes: obtaining credit
insurance, making credit reference agency searches, credit control, assessment
and analysis (including credit scoring, market, product and statistical analysis),
securitisation and protecting our interest. We will provide you with details of our
bankers / financiers and that of any credit reference agencies use on request
13. LEGAL CONSTRUCTION
- 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.
- 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.
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