Trading Terms and Conditions
1. APPLICABILITY OF THESE TERMS AND CONDITIONS
These Terms and Conditions govern the supply of Goods and Services by Set Square Investments Limited, (trading name: "Sliding Systems") , a UK registered Company with Company Registration number 8212714, and trading from Unit 9, Gledrid Industrial Park, Chirk, Wrexham LL14 5DG, UK. These Terms and Conditions apply to all transactions with Sliding Systems, including online transactions executed via a Sliding Systems website.
2. ORDERS AND QUOTES:
Orders are accepted by Sliding Systems only if confirmed by Sliding Systems in writing, which confirmation may be delivered by Sliding Systems at its sole discretion by postal delivery, fax or email. Such confirmations will only become valid and binding if sent in response to a written Customer Order received by Sliding Systems or in receipt of payment in advance and in full for the relevant Goods and/or Services whether such payment is made via a Sliding Systems Website in connection with an online transaction, or otherwise. All quotations, whether written, verbal, or other, are not binding.
3. ORDER ACKNOWLEDGEMENTS and PURCHASER’S OBLIGATION TO PAY:
Order acknowledgments are the only documents valid for the acceptance of the previously agreed upon conditions. All orders are valid only if confirmed in writing by our sales department according to the general sales conditions stated herein. The Purchaser’s obligation to pay for the Goods and/or Services in accordance with the terms of the agreement shall become binding and absolute on the issue by Sliding Systems of an Order Confirmation or Acknowledgement, including an order confirmation generation by a Sliding Systems Website as a result of an online transaction, and payment shall be made on the Due Date without any right of set-off and irrespective of any claim whether made in connection with the supply for which the payment is due or otherwise. In the case of on-line purchases from a Sliding Systems website, the order acknowledgement may be generated automatically by the website. In such cases Sliding Systems reserves the right unconditionally to revoke the order acknowledgment, or notify the Customer of changes in the selling price of the goods, delivery charges, handling charges, packaging charges, insurance charges or any other charge and in doing so provide the customer with a period of two business days to cancel the order or pay the additional charges. If the order is cancelled Sliding Systems shall refund to the customer the full amount paid via the website, less an amount equal to any costs incurred by Sliding Systems to receive and repay the payment and any other costs incurred by Sliding Systems as a result of receiving the order.
Technical characteristics, pictures, and all other data stated on our catalogues on our websites or on documents downloaded from our websites and other technical documents are not binding. Sliding Systems reserves the right to modify any characteristic or description without notice.
5. SPECIAL PRODUCTS
Special products can be manufactured to suit customer's needs. Special products shall be defined as those products that are not listed in current or past catalogues or any of our websites. In such cases, Sliding Systems will build the product to Sliding Systems’ drawing specifications and no other. Modifications to orders for special products must be agreed to in writing by Sliding Systems including any variations in price and shall only be carried out in accordance with drawings or other documentation prepared by Sliding Systems. Orders for special products cannot be cancelled without agreement in writing by Sliding Systems. In cases of such accepted cancellations, the purchaser may be required to accept products and components produced or in production at moment of cancellation acceptance.
6. ORDER CANCELLATION
Once you have received an order acknowledgement from Sliding Systems there will be no automatic entitlement to cancel your order or obtain a refund. Refunds and cancellations may however be offered at the discretion of the management. In the case of products being manufactured to order and not part of a stock programme, there will be no automatic right of return and it will be left at Sliding System's discretion on whether to refund.
If you believe the goods delivered to you were faulty, incorrect or damaged at the time they were despatched from Sliding Systems or you wish for any other reason to return the goods or ask for a refund, this must be notified to us as quickly as possible by email to firstname.lastname@example.org following receipt by you of the goods. We recommend you also contact us by telephone on +44 1691 770303.
The repair or replacement of faulty or damaged goods or a refund of the cost of such goods will normally be possible and will be processed in accordance with Sliding Systems’ Trading Terms and Conditions, also accessible via the websites.
We will not be liable to you for any loss of profits, administrative inconvenience, disappointment, indirect or consequential loss or damage arising out of any problem in relation to the goods and we shall have no liability to pay any money to you by way of compensation other than any refund we make under these conditions.
This policy is in addition to any statutory rights you may have as a consumer, which remain unaffected.
There is no minimum order value for purchases of Goods or Services from GSF Sliding Systems.
8. TAXES, DUTIES, INSURANCE AND DELIVERY CHARGES:
All duties and taxes are for the account of the Customer. All goods and services are sold or supplied ex-Sliding Systems-works. All delivery costs including freight insurance costs are also for the account of the customer and all goods are shipped at the Customer’s risk. If the Customer wants Sliding Systems to arrange for the goods in transit to be insured, such a request must be stated on the Customer’s written order prior to the dispatch of the goods. In the absence of any such request the goods will be shipped uninsured and carriage will be subject to the terms and conditions of Sliding Systems’ appointed carrier. In the case of non-UK customers, the amount to be paid by the customer shall be the ex-Sliding Systems-works price for the goods or services purchased, plus any delivery and insurance charges agreed to be borne by Sliding Systems. It shall be the customer’s responsibility to arrange for the payment of and pay all other costs, including, for the avoidance of doubt, customs clearance charges, import duties payable on the goods entering the customer’s country, and any other local taxation, sales tax, VAT or analogous taxes. Whilst every reasonable effort is made to ensure that delivery and shipping invoiced by Sliding Systems or displayed on Sliding Systems website are accurate, Sliding Systems reserves the right to alter shipping costs without notice in accordance with clause 3 above.
9. SELLING PRICES
Sliding Systems’ selling prices are those agreed at the time of acceptance of the order, which has to be confirmed by Sliding Systems through the order acknowledgement which, in the case of online transactions, will be sent by email to the customer after the payment process has been completed as the final stage in the online purchase process. Prices are to be intended as ex-works Sliding Systems, Gledrid Industrial Park, Chirk, Oswestry LL14 5DG (“Sliding Systems’ premises”, United Kingdom, unless otherwise stated in writing.)
10. SPECIAL PRICES:
The prices for special version products will be given from time to time. The validity of the special prices is one month unless otherwise specified by Sliding Systems in writing.
11. DELIVERY TERMS:
The agreed delivery time is intended as the time of dispatch from Sliding Systems’ premises, not delivered at the purchaser's premises. Any delivery period quoted on a Sliding Systems website for various delivery methods is for guidance purposes only and under no circumstances may be considered binding. Although the fulfilment of agreed delivery time is carried out with utmost attention, the delivery time is not binding. The delivery time can be postponed in case of:
Objective difficulties in procuring material;
Delays in Purchaser's payments;
Purchaser's breach of contract;
Eventual modifications accepted by Sliding Systems after receipt of the order;
Interruption of shipping services;
Inaccuracies, errors, and delays in order transmitting;
Riots, strikes, lockouts, labour difficulties, civil commotion, wars, fires, floods, explosions, governmental regulations, court order, acts of God or other events which may be interpreted as a Force Majeure event;
Other causes outside the control of Sliding Systems.
All risks pass to the purchaser from the moment the goods are dispatched from Sliding Systems' premises. This is valid for all deliveries leaving Sliding Systems' premises.
No penalty clause will be accepted if not previously agreed upon in writing by GSF Sliding Systems.
Standard Terms are for Payment at the time of order. Sliding Systems reserves the right to insist on other payment terms including Prepayment, COD, Deposits, or other. Payments will not be considered as paid until 5 days after the receipt of cleared funds at Sliding Systems’ bank. Where Sliding Systems has specified that a Deposit is required, the Deposit will be non-refundable. Customers may apply to become an account customer, in which case Sliding Systems will require completion of its standard credit application and if, at its sole discretion, Sliding Systems approves the application, Sliding Systems will notify the customer in writing stating any alternative credit terms that shall apply to the account or shall state when payment is due on Sliding Systems’ invoice. Notwithstanding that a customer may have been granted account status, Sliding Systems shall be entitled at its sole discretion to change the credit terms at any time without notice. A non-refundable deposit is required on all “special” orders. There is a FINANCE CHARGE on all accounts not paid within 30 days from the date of the first billing. The FINANCE CHARGE is 1.5% per month; the ANNUAL PERCENTAGE RATE is 18%. In the event an account is not paid on the due date, Sliding Systems will be entitled to place the account with solicitors or any collection agency for collection, in which case the purchaser agrees to pay all legal fees as well as costs and accrued interest incurred in connection the payment being collected. The Purchaser agrees that any acts by Sliding Systems to procure payment shall be subject to English Law and the Purchaser consents to the exclusive jurisdiction of the English Courts for any and all litigation arising out of this agreement. Should terms not be met, Sliding Systems reserves the right to cancel terms without prior notice. Notwithstanding that a customer may have been approved as an account customer, payment for all purchases via a Sliding Systems website must be made at the time of the online transaction.
In case of late payments or non-payments, Sliding Systems reserves the right to immediately stop production and/or the delivery of the goods on order without notice to the Purchaser who will not have right to compensation of any kind.
All Goods and Services supplied by Sliding Systems shall remain the Property of Sliding Systems until paid for in full, and the Purchaser hereby grants Sliding Systems the right to enter the Purchaser’s premises and to recover such Goods in the event that the Goods are not paid for in accordance with the Terms of this agreement.
14. ON-LINE TRANSACTIONS ON A GSF WEBSITE:
Standard Terms for on-line transaction are for Payment at the time of order. If the order is accepted Sliding Systems will send an order acknowledgement to the email address supplied by the Customer. Sliding Systems reserves the right, notwithstanding the receipt of payment and the sending of an order acknowledgement to refuse to accept any order, and Sliding Systems also reserves the right to delay acceptance or acknowledgement of an order for up to 10 UK business days. In such a case the customer will be entitled to cancel their order prior to receipt of Sliding Systems' order acknowledgement, in which case the money received by Sliding Systems shall be repaid in full, less the amount of any bank or forex charges charged to Sliding Systems on receipt or repayment of funds. Once the Goods have been despatched, the transaction shall become binding on both Sliding Systems and the purchaser.
Once an order acknowledgement has been despatched, Sliding Systems shall be under no obligation to accept the return of any goods or to make any refund, save where the goods are manifestly shown to be defective when despatched by Sliding Systems. Where a customer considers the goods or services supplied by Sliding Systems through an online transaction to be defective, Sliding Systems shall only be obliged to consider such a claim where the customer has notified Sliding Systems in writing by email, fax or post within 2 business days of receipt of the goods. The customer must then at their own expense return the goods to Sliding Systems with the original packaging.
On receipt of the goods identified by the customer as defective, Sliding Systems will itself examine the goods and if in the reasonable opinion of Sliding Systems the goods were defective at the time they were despatched by Sliding Systems, Sliding Systems shall reimburse the customer the costs of returning the goods, and shall at Sliding Systems' expense repair the goods, or at Sliding Systems’ sole discretion, replace the goods and resend the goods to the customer with reasonable despatch. If in the reasonable opinion of Sliding Systems the goods returned to Sliding Systems are not defective, Sliding Systems will so notify the customer, and provided the customer pays all subsequent carriage charges, re-despatch the goods to the customer. If the customer refuses to pay for redelivery of the goods to the customer, then Sliding Systems shall be under no obligation to take any further action and ownership of the goods shall revert to Sliding Systems automatically and without any payment. Sliding Systems shall not be liable for any defect caused as a result of carriage or though any damage, misuse or other reason caused after the goods left Sliding Systems’ premises. If the loss of or damage to the goods was caused by the shipper, Sliding Systems shall use reasonable endeavours to pursue a claim against the shippers or the insurers (if any) on behalf of the Customer.
In the event that a customer seeks to make a claim later than 2 business days after receipt of goods purchased as a result of an online transaction, such a claim will be considered in accordance with the terms set out in the Guarantee section of these Terms and Conditions.
Sliding Systems warrants, to the original purchaser only, that the products (a) conform to the specifications published in its catalogues or as otherwise communicated to the purchaser, and (b) are free from defects in material or workmanship. This warranty expires one year from the date of delivery. Any failure of the products to conform to the foregoing warranty must be communicated to Sliding Systems in writing within 13 months after date of invoice. Sliding Systems shall have the option, in its discretion, of correcting any failure or defect, providing replacement products, or providing a full refund of the purchase price. These remedies are the purchaser's exclusive remedies for breach of warranty.
Any repair of defective products, including parts and labour, will be performed at Sliding Systems' expense and at its facilities. All freight must be prepaid by the customer. The limited warranty and limited remedy set forth above constitute the only warranty of Sliding Systems and the purchaser's only remedies in the event such warranty is breached. The foregoing limited warranty is exclusive of all other warranties pertaining to the products, written or oral, express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose, or against patent infringement.
Sliding Systems does not warrant:
Defects caused by failure to provide a suitable installation or storage environment for the product;
Damage caused by use of the product for purposes other than those for which it was designed;
Damage caused by unauthorized attachments or modifications;
Products which have been repaired or altered outside of our facility whether with components supplied by Sliding Systems or its distributors or not;
Defects caused by incorrect and/or poor maintenance and /or any other abuse or misuse by the purchaser.
Overloading of the Product or placing it in an application where the forces and wear and tear imposed exceed those stated as permissible in any literature or information supplied by Sliding Systems.
In no event will Sliding Systems be liable for any special, incidental or consequential damages, including but not limited to claims for injury to or death of persons, or for damage to property, based on breach of warranty, breach of contract, negligence, strict tort or any other legal theory, including loss of profits or revenues, loss of use of the product, cost of any substitute equipment or facilities, interruption or delay to any production process, and the claims of customers or other third parties. Any action for breach of warranty must be commenced within 13 months following delivery of the product. In consideration for Sliding Systems agreeing to supply goods or services, the Customer agrees that Sliding Systems’ potential liability is at all times and under all circumstances limited to the lesser of the purchase price of the goods supplied including associated transport costs and which have caused the claim to be made, and £5,000.
The purchaser acknowledges that it is selecting the product and/or system choices for its particular applications, and is relying on its own engineering expertise and not the expertise of Sliding Systems in making such selections and specifying Sliding Systems products.
At the time that a Purchaser submits an Order to Sliding Systems, the Purchaser warrants that it has fully tested the Product it is ordering for the purpose of the application for which the Purchaser is buying the Product and has fully satisfied itself that the Product will meet the Purchaser’s operational design criteria and requirements.
Complaints must be addressed to Sliding Systems' office in writing with all documentation within 13 months of receipt of goods. Returns of products are only admissible if authorized by Sliding Systems in writing. Authorized returns of goods must be delivered to Sliding Systems’ premises (if the Siding Systems products are found to be not defective, all costs related to the shipment will remain at purchaser's cost. See condition #19.) Sliding Systems' responsibility is limited only as listed in condition 13.
17. RETURN OF GOODS:
Any and all expenses (customs, freight, etc) related to return shipments (not addressed in conditions #14 and/or #15) shall be paid by purchaser. A restocking fee of 25% of sale price shall be added in all cases.
Standard packing is free of charge.
The goods travel at purchaser's risk. Claims for damaged shipments must be made immediately to carrier at time of consignment and then immediately in writing to Sliding Systems; if not made to carrier/shipper at time of delivery, all claims may be denied. Sliding Systems declines any responsibility for the choice of means of shipping method and/or carrier. Any eventual claims due to quantity difference or to incorrect product types will be examined only if presented in writing within 1 week from the receipt of goods and stating the gross weight at the time the goods were received.
20. LEGAL AUTHORITY:
All terms and conditions are governed by English Law and are subject to the Exclusive jurisdiction of the English Courts.