Terms & Conditions
1.1 “you or your” mean any person firm or company acquiring or buying goods from us.
1.2 “we, us or our” mean Modplan Limited (trading as Nordic Garden Buildings) of Imperial Buildings, West End, Abercarn, Newport, South Wales
1.3 “these conditions” means the terms and conditions of sale set out below and any special terms and conditions agreed in writing by us.
1.4 “goods” means the goods supplied by us to you.
1.5 “installation works” means installation works necessary to install the goods at the property in accordance with these conditions.
1.6 “order” means a completed order for the goods in this order.
1.7 “property” means the property specified overleaf at which the goods are to be installed or delivered (as the case may be).
1.8 Any reference in these conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
1.9 The headings in these conditions are for convenience only and will not affect their interpretation.
- The agreement between you and us
2.1 These conditions shall apply to all contracts for the sale and supply of goods and (when relevant) any installation works by us to the exclusion of all other terms and conditions which you propose should apply.
2.2 No variation to these conditions shall be binding upon us unless that variation has been agreed in writing between us and you.
2.3 Our employees or agents are not authorised to make any representations concerning the goods or the installation works unless confirmed by us to you in writing. The contract between us comprises only these conditions and the order and in entering into the contract to buy goods and/or to have them installed you acknowledge that you do not rely on any such representations which are not set out in writing in either these conditions or the order.
2.4 Any advice or recommendation given by us or our employees or agents to you or your employees or agents as to the storage, application or use of any goods which is not confirmed in writing by us is followed or acted upon entirely at your own risk and we will not be liable for any such advice or recommendation which is not so confirmed.
2.5 Any typographical, clerical or other error or omission in any sales literature, quotation, pricelist, acceptance of offer, invoice or other document or information issued by us will be subject to correction without any liability on our part.
2.6 All orders for goods shall constitute an offer by you to purchase those goods from us and (where relevant) have them installed pursuant to these conditions.
2.7 All specifications, dimensions, descriptions and illustrations contained in any sales literature, quotation, or pricelist or other advertisement matter are intended merely to present a general idea of the goods that we sell. We reserve the right from time to time to make changes to these provided that these changes will not materially affect the quality or fitness for purposes of the goods you purchase from us.
- The Price and Payment
3.1 The price of the goods shall be the price set out in the order.
3.2 When ordering the goods you will be required to pay a deposit equivalent to 31 per cent of the price.
3.3 The balance of the price of the goods must be made before the date of delivery and installation of the goods. We will contact you approximately 14 days before the date of deliver/installation to notify you of the proposed date for delivery/installation and at that time you must make payment of the balance of the Price. Payment is permitted by any one of the following methods:-
(i) credit card;
(ii) certified Building Society cheque;
- banker’s draft;
- online transfer.
3.4 If for any reason you fail to make payment as required by these conditions we will not deliver and install the goods until you do. In the meantime, the balance of the price will bear interest at the rate of 3% for each month or part of a month until such time as the balance of the price has been paid in full.
- Consents and Approvals
4.1 It is your responsibility to ensure that all necessary consents and approvals are obtained in respect of the goods and/or the installation works including those of any landlord or local or other authority.
4.2 Under no circumstances will we be liable to you for any loss you suffer by reason of your failure to obtain the necessary consents and approvals.
- Delivery and installation of the goods
5.1 We will deliver and install the goods to the property. Any charges for delivery will be notified to you when you place your order. These charges must be paid with the balance of the price.
5.2 If you require the goods to be delivered to any address outside the UK Mainland you must make your own arrangements for collection and delivery. We will, at your request deliver the goods to an address or location within the UK Mainland for collection by you provided you pay the charge for delivery referred to in 5.1 above.
5.3 If you tell us you intend collecting the goods yourself from our premises, when the goods are available for collection we will notify you of this and of the times they can be collected. You must pay for the goods before you collect them. If you fail to collect the goods within 28 days of this notification we will write to you informing you that unless you arrange to collect the goods within a further 14 days we will re-sell the goods and deduct from any sums held by us a reasonable sum not exceeding £100 for the costs of storage and administration charges.
5.4 We reserve the right to charge a reasonable fee for any delivery/installation that you cancel once a delivery date has been agreed. You must pay this to us before we will make any further attempt to deliver/install the goods.
5.5 It is your responsibility to ensure your own availability to take delivery once a delivery date has been agreed. It is also your responsibility to ensure there is adequate access to the property. If either you or someone on your behalf is not available to take delivery or if as a result of inadequate access for any reason we are unable to deliver and/or install the goods you will be required to pay a further delivery charge before any further attempt to deliver the goods is made. We reserve the right to retain all delivery charges once a delivery date has been accepted.
5.6 Any dates we give you for delivery and/or installation of the goods and commencement or completion of the installation works are approximate only and we will not be liable for any non-delivery of the goods or delay in completion of the installation works however this is caused. The goods may be delivered by us in advance of any estimated delivery date upon reasonable notice.
5.7 Where we are not installing the goods the goods will be at your risk from delivery which shall be deemed to have taken place:-
5.7.1 if we have delivered the goods, when they are unloaded from our vehicle and (where reasonably practicable) placed in the property or unloaded into the possession of your nominated carrier. Any such carrier will be deemed to be your agent.
5.7.2 if you undertake to collect the goods, when the goods are loaded into your vehicle or that of your designated carrier at our premises or other location. Again any such carrier will be deemed to be your agent.
5.8. In all other cases the goods will be at your risk on completion of the installation works.
- Remedial Works
6.1. We will make good any damage caused by us during the course of installation to the following:-
6.1.1 the base upon which the goods are installed
- Maintenance of Goods Supplied
Aluminium and Upvc should be cleaned with mild soapy water immediately after installation and at no more than three monthly intervals. Hardwood should be treated with at least two further coats of timber dressing after installation and at no less than yearly intervals.
- Ownership of the Goods
Ownership of the goods will not pass to you until we have received in cash or cleared funds payment in full of the price of the goods and the installation works together with any delivery or other charges you are required to pay.
- Bringing a Claim
9.1 We ask that you inspect the goods as soon as reasonably possible after delivery or (where appropriate) after completion of the installation works. You must notify us within 5 working days of delivery or (where appropriate) completion of the installation works of any alleged defect, shortage in quantity, damage or failure to comply with description. You must allow us an opportunity to inspect the goods and the installation works within a reasonable time after you notify us of your claim. If you fail to comply with these provisions the goods and (where appropriate) the installation works will be conclusively presumed to be in accordance with the agreement between you and us and free from any defect or damage which would be apparent on a reasonable examination and you will be deemed to have accepted the goods and (where appropriate) the installation works.
9.2 If the goods or installation works are not in accordance with the agreement between you and us for any reason you have the following rights:-
9.2.1 if you notify us of this within 30 days of completion of the installation works we will remove the goods at our cost and give you a full refund;
9.2.2 if you notify us after 30 days we will make good any shortage defect damage or failure to comply with description or sample by replacement or repair. We promise to do this causing as little inconvenience to you as possible.
9.3 We will not repair or replace either if it is impossible to do so or if (acting reasonably) we consider to do this would be excessive having regard to the value of the goods; the nature of the defect and the extent of inconvenience likely to be caused.
9.4 If we decide not to repair or replace the goods or, having undertaken to repair or replace we fail to do this within a reasonable time you can:-
9.4.1 require us to refund an appropriate amount of the price; or
9.4.2 cancel the contract between us.
9.5 The provisions of this clause 9 are in addition to and not in replacement of your statutory rights.
10.1 All our goods are guaranteed against manufacturing defects which become apparent and are notified to us:-
10.1.1 within 10 years of the first date upon which goods are delivered to you in the case of sealed glazed units and other Upvc products manufactured by us; and
10.1.2 within 2 years of the first date upon which goods are delivered to you in the case of handles, locks, hinges and other door furniture.
10.2 Our guarantee is limited to inherent defects in materials and/or workmanship and we do not accept liability caused by improper use or abuse of the goods.
10.3 The guarantee given by us is only available for goods sold and installed within the United Kingdom.
10.4 Our guarantee will be issued after completion of the Installation Works and all monies due to us have been paid in full. The guarantee is issued in addition to and not in substitution for your statutory rights.
- Items excluded from our guarantee
We do not guarantee that:-
11.1 the goods when installed will reduce, eliminate or be free of condensation;
11.2 any brickwork or render work undertaken by us during the installation works will match exactly existing primary buildings though we will do all we reasonable can to match as far as possible; or
11.3 glass against minor imperfections inherent in glass production or from the phenomenon of Brewster’s Fringe in sealed double glazed units.
- The extent of our liability to you
12.1 In the event of any breach of these conditions, your remedies will be limited to the remedies specified in these conditions or to damages. In the event you are awarded damages under no circumstances will our liability exceed the price of the goods and (where relevant) the installation works.
12.2 We shall not in any event be liable to you for any indirect loss and/or expense (including loss of profits) suffered by you as a result of any breach by us of these conditions.
12.3 We will not be liable to you or deemed to be in breach of these conditions by reason of any delay in performing, or any failure to perform, any of our obligations in relation to the goods or the installation works, if the delay or failure was due to any cause beyond our reasonable control. The following shall be regarded as a non-exhaustive list of causes beyond our reasonable control:-
12.2.1 act of God, explosion, flood, tempest, fire or accident;
12.2.2 war or threat of war, sabotage, insurrection, civil disturbance or requisition;
12.2.3 acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
12.2.4 import or export regulations or embargoes;
12.2.5 strikes, lockouts or other industrial action or trade disputes whether involving our employees or those of any third party;
12.2.6 difficulties in obtaining raw materials, labour , fuel, parts or machinery; and
12.2.7 power failure or breakdown in machinery.
- Time Limits
Any period of time specified in these conditions will run from the first date upon which the goods are delivered to you and (where relevant) installed. If for any reason you receive replacement goods any rights available to you in respect of those replacement goods shall only be available for the remainder of any such period.
14.1 No waiver by us of any breach of these conditions shall be considered as a waiver of any subsequent breach of the same or any other provision of these conditions.
14.2 These conditions and/or contracts between will be governed by and construed in accordance with English law.
14.3 If any provision of these conditions is held to be invalid or unenforceable in whole or in part, the validity of any other provision of these conditions shall remain unaffected.
14.4 For all purposes your statutory rights remain unaffected.