CONFIRMATION OF ORDER
Products are sold subject to terms and conditions accepted between Net Class Windows and the Customer.
Conditions apply to all other terms whether implied by law or otherwise (any terms printed on order forms, in correspondence, or implied by trade) or expressly agreed to in writing Net Class Windows. All references in these terms to the written agreement shall mean agreement in writing, no other employee or representative of Net Class Windows is authorized to agree to any variation or concession of these Terms, nor to make any representation regarding company products.
No estimate, quotation, or proposal issued is an offer that is capable of acceptance by the Customer to form a contract. Any products order for Goods is deemed to be placed upon these Terms and will constitute an offer that Net Class Windows may accept or reject. Net Class Windows may accept such an offer in writing (for example, by sending the Customer an Order Acknowledgment) or otherwise, including for example by starting to process the order. If Net Class Windows accepts the Customers order, there shall be a binding contract between Net Class Windows and the Customer.
DELIVERY
Any date named by Net Class Windows for dispatch or delivery is given and intended as an estimate only and is not to be of the essence of the contract. The Customer shall nevertheless be bound to accept the Goods ordered whether available on or after the date stated. Net Class Windows shall not be liable in any way in respect of late dispatch or delivery however caused nor shall such failure to dispatch be deemed to be a breach of the contract.
DAMAGE OR LOSS IN TRANSIT
No claims for loss in transit, shortage of delivery, or loss of Goods will be entertained, unless in the case of damage in transit or shortage of delivery, a separate notice in writing is given to the carrier concerned and Net Class Windows within three days of the receipt of the Goods followed by a complete claim in writing within five days of receipt of the Goods. In the case of loss of Goods, separate notice in writing shall be given to the carrier concerned and a complete claim in writing made within seven days of the receipt of the Goods or of the date of the invoice whichever is the earliest.
NON-DELIVERY
No claims for non-delivery can be entertained and Net Class Windows shall incur no liability in respect of any such claim unless received by Net Class Windows in writing within seven days of the invoice date.
PRICES
Orders are accepted only on condition that the Goods will be invoiced at the price ruling at the date of dispatch. Net Class Windows reserves the right to alter prices without notice to cover variations in the cost of materials, labor, etc., or through the Customers change of design, or for any other reason. If price variation occurs in the currency of the order, the price of the un-dispatched portion of the order outstanding at the date of such variation in price shall be adjusted accordingly.
PAYMENT
a) Unless otherwise agreed by Net Class Windows in writing, the net invoice amount shall become due for payment by the Customer on collection or 24 hours before delivery.
b) Net Class Windows reserves the right at any time to demand full or partial payment before proceeding further with any order.
c) If the Customer defaults in payment, Net Class Windows may, in addition to exercising the right contained in 6. b, delay delivery or cancel the contract and cancel other orders received from the Customer or sell the products.
d) Net Class Windows reserves the right to charge interest on any overdue payment at the rate of one and a half percent per month.
e) Until Net Class Windows has received payment in full of the price of the Goods including all arrears and interest charges due under the contract, the Customer acquires no title to the Goods which are the subject of the sale and ownership remains with Net Class Windows.
DEFECTIVE/DAMAGED GOODS
No claims against Net Class Windows for Goods represented by the Customer to be defective, from whatever cause, or not to conform to the contract can be entertained, and Net Class Windows shall incur no liability in respect thereof unless received by Net Class Windows in writing within 48 hours from the date of delivery/collection and the defective Goods or Goods failing to conform to contract are returned to Net Class Windows within the said twenty-eight day period.
LIMIT OF LIABILITY
In any event of a claim against Net Class Windows in respect of any manner whatsoever, Net Class Windows liability (if any) shall be limited to the replacement of the Goods sold in respect of which the liability arises if required and practicable or the Customer shall be given a credit for the invoiced value of the order in respect which the liability arises. Under no circumstances whatsoever shall Net Class Windows be liable for a consequential loss or damage or any personal injury or damage or loss of property other than stated herein howsoever and whatsoever arising. Any express or implied conditions, statement, warranty, statutory or otherwise, are hereby excluded save where such exclusions are invalidated by statute. No claim by the Customer shall be accepted as a reason for cancellation of the remainder of the order. Nothing in these terms excludes or limits the liability of Net Class Windows for the death or personal injury caused by its negligence.
RIGHT TO INSPECT
In the event of the Customer making a claim against Net Class Windows for any reason whatsoever the Goods in respect of which any such claim is made shall be preserved intact were delivered for fourteen days from the notification of the claim to Net Class Windows within which time Net Class Windows shall have the right to attend the place where the Goods were delivered to investigate the complaint. No claim by the Customer shall be accepted unless this condition is strictly complied with.
INSTALLMENT DELIVERIES
Net Class Windows may, at its discretion, make installment deliveries and each delivery shall constitute a separate order for payment.
DESIGN CHANGES
Net Class Windows reserves the right to effect design changes as technical developments may require, without prior notice.
SPECIFICATIONS PROVIDED BY THE CUSTOMER
The Customer shall indemnify Net Class Windows against any liability arising through execution by Net Class Windows of any order placed by the Customer, by the Customer specification where such execution infringes any patent, trademark, or registered design not owned by the Customer or Net Class Windows.
RISK, PROPERTY, AND INSURANCE
a) Goods supplied by Net Class Windows shall be at the Customer’s risk immediately on delivery to the Customer or into custody on the Customer’s behalf (whichever is the sooner) and the Customer should therefore arrange insurance accordingly.
b) The property of the Goods supplied by Net Class Windows will pass to the Customer when A) the goods subject in this contract, B) all other Goods of any contract between Net Class Windows and the Customer which have been delivered to the Customer (before the payment in full for the Goods subject in this contract), have been paid in full.
c) If the Customer re-sells Goods supplied by Net Class Windows before the passing of the property therein to the Customer, such resale shall be effected by the Customer as bailee for Net Class Windows and the proceeds of any such re-sale shall be received by the Customer for and on behalf of Net Class Windows unless all debts owing to Net Class Windows by the Customer in respect of Goods supplied by Net Class Windows have been paid.
VAT
VAT will be charged at the rate applicable at the time of dispatch. The VAT amount invoiced is calculated on the discount total charge amount and is at all times strictly Net Class Windows.
LAW OF CONTRACT AND JURISDICTION
All contracts for the supply of Goods by Net Class Windows to the Customer shall be governed by English Law and be within the jurisdiction of the English Courts.”