Terms and Conditions
Buyer The company, firm or person who agrees to buy the goods from the Seller.Seller DP Building Systems Ltd.Conditions The terms and conditions of sale as set out in this document and anyspecial terms and conditions agreed in writing by the Seller.Goods The articles which the Buyer agrees to buy from the Seller.Price The price for the Goods, excluding VAT and carriage.
2.1 These Conditions shall form the basis of the contract between the Seller and the Buyerin relation to the sale of Goods, to the exclusion of all other terms and conditionsincluding the Buyer’s standard conditions of purchase or any other conditions whichthe Buyer may purport to apply under any purchase order or confirmation of order orany other document.
2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goodsfrom the Seller pursuant to these Conditions.
2.3 Acceptance of delivery of the Goods shall be deemed to be conclusive evidence of theBuyer’s acceptance of these Conditions.
2.4 These Conditions may not be varied except by the written agreement of a director of the seller.
2.5 These Conditions represent the whole of the agreement between the Seller and theBuyer. They supersede any other conditions previously issued.
3. Quotations and Orders
3.1 Unless otherwise agreed in writing, quotations will only be open for acceptance for aperiod of 30 days from the date thereof and may be withdrawn at any time within thatperiod.
3.2 All orders accepted on credit are subject to credit approval by the Seller.
3.3 Once an order has been accepted, it can only be cancelled by agreement with theSeller.
3.4 We make every effort to ensure that all prices and descriptions quoted in our website are correct and accurate. In the case of an error or omission, we will be entitled to cancel the order, notwithstanding that we may already have accepted your order and/or received payment from you. Our liability in that event will be limited to the return of any money that you have paid in respect of the Order. In the case of an error in relation to price, you will be entitled to purchase the Goods or Services by paying the difference between the quoted price and the correct price.
4.1 Unless otherwise agreed, credit sales shall be due for payment on the last working ofthe month following the month of delivery. When credit terms have not been agreedcleared funds must be received before goods are dispatched.
4.2 The Seller reserves the right to withdraw credit terms at any time.
4.3 If the Seller resorts to legal action to recover overdue amounts the Buyer will indemnifythe Seller for all legal costs and disbursements incurred by the Seller if the court ofjurisdiction decides in favour of the Seller.
5.1 All product details shown on our website and in our catalogues are intended to presentgeneral ideas of the goods described and for guidance only. The details shall not formpart of the contract between the Buyer and the Seller.
5.2 The Buyer shall be responsible for the accuracy and suitability of all drawings andinformation given to the Seller.
Save as otherwise provided, Sections 12 to 15 of the Sales of Goods Act 1979 are impliedinto the contract. Subject thereto no guarantee or warranty is given or implied by theseConditions or by anything said or written in the negotiations between the parties prior to thecontract. Any statutory or other guarantee or warranty express or implied as to the fitness ofthe Goods for any particular purpose is expressly excluded.
7.1 The Goods will be delivered to where the Buyer has stipulated. It is the Buyer’sresponsibility to ensure that a responsible person is available to accept the delivery,to offload the Goods and to secure them at the delivery location. The Seller shall not beliable for any damage or fault arising from incorrect storage of the Goods.
7.2 The Seller undertakes to use its reasonable endeavours to despatch the Goods on anagreed delivery date but does not guarantee to do so. Time of delivery shall not be ofthe essence of the contract.
7.3 The Seller shall not be liable to the Buyer for any loss or damage whether arising directly or indirectly from the late delivery or short delivery of the Goods. Unlessotherwise agreed, if short delivery does take place the Buyer undertakes not to rejectthe Goods but to accept the Goods delivered as part performance of the contract.
7.4 The Seller shall only be responsible for any defects or shortages if notified within 7 days of delivery.
The Seller will accept returns of goods within 30 days if in their original condition and if theSeller has issued an approved returns number. Faulty or incorrect goods will be returned atthe Seller’s cost otherwise returns will be at the Buyer’s cost.
9. Limitation of Liability
Except as may be implied by law where the Buyer is dealing as a consumer as described under section 12 of the Unfair Contract Terms Act 1977, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage. Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death, personal injury or loss of or damage to property resulting from the proven negligence of the Seller.
10. Ownership of Goods
10.1 Title in any goods supplied by the Seller shall pass to the Buyer only when the Sellerhas received full payment for the Goods and all other amounts owed buy the Buyer tothe Seller under all contracts between the two parties.
10.2 Until title has passed the Buyer will store the Goods so that they are identifiable asproperty of the Seller or may, as trustee for the Seller, sell them to a third party in thenormal course of business.
10.3 After giving due notice of our intention to repossess, the Seller shall be entitled to enterany premises and repossess any Goods to which we retain title.
10.4 Until title has passed, if the Buyer incorporates the Goods supplied into other productsthe Seller may dismantle and repossess any of the Goods.
10.5 Risk shall pass to the Buyer with possession of the goods.
All drawings, designs, specifications and the like which the Seller supplies in connection witha quotation or order are confidential and shall remain the property of the Seller. They must notbe disclosed to any third party without our written permission.
All the images, information and content on this web site is intended for guidance only and may vary. The web site is regularly updated and all efforts are made to ensure correct information. Products and prices are subject to change without notice.
13. Trademarks and other Intellectual Property
13.1 All Trademarks that appear on the Seller’s website are property of their respectiveowners.
13.2 The Buyer shall indemnify the Seller against all costs, damages or expenses which maybe incurred by the Seller as a consequence of alleged or proven infringements ofpatents, trademarks, copyright, design or any other claim by any other party in respectof Goods supplied to the Buyer.
14. Force Majeure
The Seller shall be under no liability for any delay in carrying out or for the non-performanceof any of its obligations under these Terms caused by any circumstances (including butnot limited to war, riot, accident, fire, store, flood, industrial dispute and supplies of labourshortages) beyond its direct and reasonable control.
The contract shall be governed and interpreted according to English Law and shall be subjectto the jurisdiction of the English Courts only.
All orders placed on www.dpbuildingsystems.co.uk are delivered Monday to Friday, excluding Bank Holidays, between 8am and 6pm. Deliveries are not carried out on a Saturday or Sunday or to PO Boxes. We do not ship outside mainland U.K as standard at this time. Any non-Mainland UK customers must contact us for costing before placing an order. All packages require a signature on delivery.