Terms and Conditions
Important Legal Notice
1.
General
1.1
These Terms and Conditions apply to all sales by Quality European Hardwoods (“the Company”) and no variation shall have effect unless expressly agreed in writing by the Company.
1.2
Any tender or quotation by the Company is an invitation for an order subject to these Terms and Conditions and no contract will result until the Company has confirmed such order in writing.
1.3
The Buyer must satisfy himself before the Contract that the goods purchased are satisfactory for their requirements. The Company does not warrant that the goods which it supplies are fit for any particular purpose and the use of such goods by the Buyer shall be a matter for the Buyer or any subsequent purchasers, provided that nothing herein excludes any statutory rights which the Buyer enjoys save to the extent permitted by law.
2.
Retention of title
2.1
The property in all and any goods supplied by the Company shall remain in the Company until the Company has received payment in full for all sums due and owing on any account by the Buyer.
2.2
In the event of the Buyer using goods supplied by the Company to make any particular item or product, alteration to the goods supplied by the Buyer shall not prejudice the Company’s title in accordance with clause 2.1 hereof.
2.3
In the event of the Buyer having worked on the Company’s goods mixing these goods with any other goods supplied by any other supplier the provisions of Clause 2.1 shall apply and the Company is authorised to dismantle any end product or item removing therefrom any goods which it supplied, notwithstanding that such goods have been incorporated by the Buyer into any product or item. The Company shall under no circumstances be liable in any way for any damage caused to any of the Buyer’s product as a result of such removal.
2.4
In the event of the Buyer arranging with any third party that such third party shall manufacture any product or item with the Buyer’s goods on the Buyer’s behalf, the Company’s claim shall not be prejudiced by any such agreement and the Company’s claim provided for in Clause 2.1 hereof shall extend to such goods, notwithstanding that work thereon has been carried out by a party other than the Buyer.
3.
Deliveries
3.1
The date or dates of delivery quoted or agreed by the Company are given in good faith but without obligation. The Company will not be liable for any loss, damage or delay due to the failure of the Company for any reason whatsoever to deliver or arrange for the delivery of the goods on or by the date or dates of delivery. If the Company is hindered or prevented from obtaining, transporting, delivering or arranging for the delivery of the goods by war, strikes, riots or any other cause whatsoever beyond the control of the company, the time for delivery shall at the Company’s option be extended accordingly and this clause shall apply to the new date or dates of delivery. The Buyer undertakes despite delay to accept the goods on delivery by the Company.
3.2
The Company reserves the right to deliver the goods by instalments and failure of any delivery or defect in the contents thereof shall not entitle the Buyer to refuse any delivery.
3.3
The Company shall have the right to cancel the contract if, in its opinion, the Installation as proposed is, or becomes, Impractical to fulfil. In such circumstances the liability of the Company shall be limited to refunding in full any deposit paid by or on behalf of the Buyer.
3.4
Any delivery period quoted by the Company in connection with the contract shall be an INDICATION ONLY and shall not be a term of the contract.
4.
Prices and terms of payment
4.1
All prices quoted by the Company shall be Ex Works Rossleague and subject to change without notice except where confirmed by the Company in writing. Prices quoted do not include delivery / carriage unless agreed in writing to be made or arranged by the Company.
4.2
All sums due and owing to the Company shall become payable on receipt by the Buyer of an invoice from the Company, unless agreed in writing and noted on the Company’s quotation, proforma invoice or sales invoice. No reduction on invoice value for whatever reason is permitted.
4.3
In the event of the Company agreeing to credit terms other than payment upon receipt of invoice, the Buyer agrees to provide financial information, trade credit references and any other information required. Such credit terms may be revoked or cancelled by the Company by written notice, that may be issued at any time or for any reason to the Buyer, and in the event that they were revoked the amount due shall be immediately payable on receipt of any such notice from the Company to the Buyer.
4.4
The Buyer shall pay to the Company interest on overdue payments calculated at the rate of 7.00% above ECB Rate per month or any part thereof. Such interest shall be payable on demand and may be charged and added to the balance of overdue payments.
4.5
Deposits received on the order of any Goods shall only be refundable at the discretion of the Company. Deposits shall not be refunded in respect of any order of nonstock items or processed stock.
4.6
Failure to pay in full for all goods supplied will void all warranties.
5.
Claims by the buyer
5.1
The Company shall not be liable for non-shipment, non-delivery, damage or delay arising from circumstances beyond the Company’s control. Time will not be the essence of delivery.
5.2
The responsibility and risk in the goods shall be per Inco Terms Ex Works Rossleague.
5.3
No minor variation of or deviation from the contract specification by the Company shall vitiate the contract.
5.4
Notice of any claims arising or in connection with any delivery must be given in writing to the Company within seven working days from the date when the goods were collected or delivered, failing which all claims shall be deemed to be waived and absolutely barred.
5.5
The Company’s Liability to any claim, whether in Contracts, tort or otherwise for any loss or damage arising out of or in connection with, resulting from the manufacture, sale, delivery, resale, replacement or use of any of the goods shall in no case exceed the price paid by the Buyer to the Company of the goods. In no event shall the Company be liable for any loss of profits, special or consequential damages suffered by the Buyer including interest charges. Nothing contained in this paragraph shall by implication create any liability or obligation on the part of the Company or affect or diminish any disclaimer or liability elsewhere or contained herein.
5.6
Except as is expressly stated above, all other warranties, conditions and representations, expressed or implied, statutory rights or otherwise in relation to the quality or fitness for any particular purpose of the goods are hereby excluded and the Company shall not be liable in contract, tort or otherwise for any loss, damage, expense or injury of any kind whatsoever , consequential or otherwise, arising out of or in connection with the goods sold or any defect in them or from any other cause, whether or not any such matter amounts to a fundamental breach or a fundamental term of the contract. Provided that nothing herein excludes any statutory rights which the Buyer enjoys save to the extent permitted by Law.
5.7
All quotations by the Company are subject to expressed acceptance within 30 days, or less if expressly noted on the quotation. The Company reserves the right to withdraw a quotation at any time before it has been accepted by the Customer. No quotation issued by the Company shall constitute an offer to supply goods.
5.8
Measurement and Quantity: Buyer is responsible for all measurement quantities. Purchaser will be charged for the actual footage shipped. We accept no responsibility or liability for measurement errors. It is the Buyer’s responsibility to ensure that all measurements noted on the quotation, pro forma invoice or sales invoice are to the Buyer’s requirements and correct, whether or not misinterpreted or typographical error by the Company.
5.9
Timber: Each piece of wood is unique in grain and colour and therefore cannot be truly representative of a finished installation. Each board is individual with variation in colour, grain structure and knot size. Wood can patinate or shade differently from batch to batch and surface finishes may vary over time and with exposure to light. We cannot guarantee that a small sample will represent the overall appearance in application. A sample is for reference only and no rights may be claimed. Timber is shipped from the warehouse “as is” and “with all faults” and the Buyer is solely responsible to assure himself that the moisture content is correct for the end application and to ensure sufficient pre-conditioning to minimise movement.
5.10
The Buyer shall not reject any goods or cancel or purport to cancel the contract or any part thereof because of an alleged default unless and until the Company shall have failed to rectify such alleged default within thirty days of written notice specifying the default.
5.11
No claim for shortage / damage will be considered unless the Company has been advised of such shortage / damage immediately upon delivery.
5.12
Cutting, planing and joining services are undertaken to the Buyer’s instructions supplied and payment of 50% on order is required, and the balance prior to delivery. The failure to collect goods after processing shall constitute a cancellation of order and deposits shall be forfeit, with the Buyer liable for unpaid balances and payment penalties. The Company reserves the right to dispose of any uncollected materials after the expiration of 90 days from the collection date.
5.13
When installation is included and agreed by the Company, it is the Buyer’s responsibility to ensure that all surrounding materials, areas or construction boundaries and borders do not impede the standard functional operation of the installation. Specifically: a) where the Company takes measurements for the installation, the Buyer’s ensures that no changes occur that will impede the installation or function of the installed product; b) It shall be the responsibility of the Buyer to ensure that the supply and installation of the goods complies with every applicable statute, planning regulation, building regulation or other prescription of a Public Authority and to obtain every licence or consent of whatever form required; c) Where the Company makes or supplies to the Buyer’s instruction, it is the Buyer’s responsibility to ensure fitness for purpose and no warranty or liability for fitness for purpose is given.
PLEASE ALSO REFER TO ADDITIONAL SPECIFIC TERMS AND CONDITIONS BELOW RELATING TO INSTALLATIONS
6.
Governing law
6.1
This contract shall be governed and construed in accordance with the Laws of the Republic of Ireland.
Additional specific terms and conditions relating to installations
1.
The Company shall not be liable for any consequential loss or damage, or expense suffered or incurred by the Buyer, directly or indirectly, in connection with any installation contract.
2.
Works additional to those contained in the specifications shall be undertaken only after prior agreement by the Company in writing. No change can be made to the sizes and specification following the Companies acceptance of an order. Where measurements are supplied by the customer from plans , separated communication or otherwise no guararantee is given or implied to the suitability for the purpose which they are used.
3.
The Company shall, at the Company’s own cost, supply and install the goods in a good, substantial and workmanlike manner in the subject property in accordance with the contract specifications for the contract price.
4.
The Company shall diligently execute the works and, on completion, shall vacate the premises clearing away all erected scaffolding and unused materials. The customer shall be responsible for rubble and packaging disposal.
5.
The materials and workmanship supplied by the Company shall be of kinds described in the specifications and, where not so described, shall be in accordance with these Terms and Conditions.
6.
The Company shall not be liable: (a) in respect of scratches, minor blemishes or imperfections or indentations or optical phenomena in respect of which the company’s suppliers are themselves not liable to the Company – GLASS AND GLAZING FEDERATION VISUAL QUALITY STANDRDS APPLY; (b) for damages caused by accident, misuse or failure by the Buyer to exercise due care or to comply the Company’s operating instructions; (c) for the slight dulling of any brilliant white material and/or slight variation in bronze shade of materials supplied; (d) Mismatched timbers, changes or differences in patination, the occurrence knots, timber movements or splitting due to changes in environmental conditions.
7.
The Buyer shall permit the Company, through its servants and agents, access to the subject property at reasonable times to enable the specified works to be executed properly. In the event of an appointment for the supply and/or installation of all or part of the goods not being agreed by the Buyer within 28 days from the request for such an appointment by the Company, the Company shall become entitled to immediate payment of any balance at that time outstanding in respect of contract.
8.
In situations involving the replacement by aluminium or uPVC units of existing goods, the replacement goods shall be manufactured square and irregularities in opes shall be adjusted accordingly by the Buyer.
9.
The Company’s obligation to install shall be limited to pinning-in the supplied goods only. Newly constructed openings of the opes are to be accepted tolerances for installation purposes. The structural integrity of opes and their suitability for purpose, the insertion of damp-proof courses, any changes occurring to opes after measurement due to manual intervention by the buyer or his agent, settlement, the protection of the goods after pinning-in and subsequent internal and external plastering around them and insurance that such works do not impede the operation of the installed product shall be the sole responsibility of the Buyer.
10.
The Company shall make good disturbance of wood and plaster only in the immediate installation area and shall have no liability beyond that, for example, for painting, decorating or replacing tiles only if it has specifically contracted in writing to so do. For the avoidance of doubt the company does not provide this service as standard. The Company shall not be liable for any damage caused by vibration in the course of installation to ornaments, mirrors, pictures or other items dislodged which are located in the vicinity of the contract works
11.
The Seller will only be responsible for pinning and foaming any window/door in place unless specifically contracted to undertake additional works. It is the Buyers responsibility to ensure that the structure and foundations of openings are robust, free of the possibility of settlement or distortion, and are suitable for purpose. The Buyer should obtain an independent Engineer’s advice prior to confirming any order and indemnifies the Seller against any claim or cost arising in this regard.Any structural defects which become apparent or at any time after installation shall be the sole responsibility of the Buyer and the Company disclaims any liability whatsoever under this heading.
12.
The Company shall have the right to charge the Buyer with any increase in the cost of the performance of the contract brought about by any legislative enactments, instruments, rules or orders or the exercise by the Government of powers vetted in it, whether by way of imposition of new duties or tariffs or by way of affecting the cost of labour or otherwise.
13.
The Company guarantees to repair or, in the opinion of the Company it is necessary, to replace free of charge any of the goods shown to its satisfaction within the guarantee period to be defective as regards material, manufacture or installation, save always that: (a) the Company shall not be liable in respect of scratches, minor blemishes or imperfections or indentations or optical phenomena in respect of which the Company’s suppliers are themselves not liable to the Company; (b) the Company shall not be liable for damage caused by accident, misuse or failure by the Buyer to exercise due care or to comply with the Company’s operating or maintenance instructions; (c) the Company shall not be liable for the slight dulling of any brilliant white material supplied that may occur or variations in bronze shade or changes in patination of timber products supplied; (d) the elimination of condensation is not guaranteed and provided always that written notice of the defect shall have been given to the company within 14 days of the occurrence; (e) the Buyer shall have compiled with every condition of the contract and shall have paid the agreed contract price in full for the purpose of the condition, the guarantee period shall be 1 year from the date of practical completion of the original contract works absolutely.
14.
Hardware Position – As a rule the company will fit hardware in a standard position, for example letterboxes centrally or in-line with the handle. If the customer would like any hardware fitted to a non-standard position it must be stated in the additional notes at time of order. Please contact the company for further advice.
Specific terms and conditions for website and purchases therefrom
1.
General
1.1
The information contained on this website is for general guidance only. The company makes every effort to ensure that the information and advice on this website is accurate, however it is not comprehensive. Accordingly, the information and advice offered on this website should not be relied upon, and expert advice should be sought from an appropriate professional. The company reserves the right to change or update any website content, prices or products at any time without prior notice. Imagery used on the website is for illustrative purposes only. The colour and appearance of actual products may differ from those items shown on this website. All images, descriptive matter, specifications and advertising on the site are for the sole purpose of giving an approximate description of the goods. Full detailed specifications are available from the company. All information on the website should be as accurate and up to date as possible. However, the company cannot guarantee the reliability or the accuracy of the information contained within its pages. All the actions taken by the user of the website are the responsibility of the individual.
2.
Pricing
2.1
In the event a product is listed at an incorrect price due to typographical error or error in pricing information, the company shall have the right to refuse or cancel any orders listed at the incorrect price whether or not the order has been confirmed.
2.2
All products are subject to availability and may be withdrawn at any time. If the company does not supply the goods for any reason it will not charge for this and we will refund any money already paid. However it will not be responsible for compensating for any other losses the customer may suffer.
3.
Ordering
3.1
All dimensions are to be supplied in metric and all designs are viewed as from OUTSIDE.
3.2
Upon receipt of your order and payment, confirmation will be emailed. At this stage you can make any amendments to your order if needed within 24 hours as the production process will start after this time and any amendment requests after this time will incur a charge to cover reasonable costs involved. Changes after this time will incur €50 charge. Lead times will be affected by at least 1 week and will be reflected in your amended order confirmation.
4.
Cancellations and refunds
4.1
Many products supplied by the company are custom made or sized to order and therefore non-returnable or refundable if you change your mind.
4.2
The Company reserves the right to cancel any order without prior notice and will contact the customer to advise them of the cancellation within 10 days of receiving the order.
4.3
If the company cancels the order it will refund the amount in full and any other payments made under the order and will have no further liability to the customer.
5.
Deliveries
5.1
All deliveries are to “roadside” only. Site delivery will be considered on a case by case basis. This will incur additional cost to delivery charge.
5.2
Any time or date specified by the company as the time at which or date on which goods will be delivered is given in good faith but is given and intended as a provision only and the company shall not be liable for any loss, damage or expense arising from delay in delivery and/or installation.
5.3
The company will use reasonable efforts to meet the delivery date advised to you. In the case of unforeseen circumstances beyond the company’s reasonable controls such as but not limited to weather, traffic or machinery and vehicle breakdown, it shall contact you and agree an alternative date. The company will do it’s best to meet the outlined delivery schedule but shall not be responsible for any failure to deliver ordered products within these stated time frames.
5.4
Delivery vehicles come with only one man, therefore should help be required in lifting it is the customers responsibility to ensure a suitably able person is on site to assist the driver in unloading. For large loads a forklift may be required, and it is this Customer’s responsibility to arrange this. Should we not be able to deliver for this reason the company reserves the right to apply a re-delivery charge.
5.5
Should the customer wish to change their delivery date for any reason we require no less than 48 hours written notice. Should we not be given notice and the delivery fails the company reserves the right to apply a re-delivery charge.
6.
Damage on delivery
6.1
The customer should be present at time of delivery and is responsible for unwrapping and checking the products before a signature is given and must request the delivery driver to wait while it’s checked.
6.2
If there is damage present it should be signed for as “Damaged”. The company will remake any damaged parts and re-deliver. Any damages reported after a signature will not be accepted, and re-makes will be chargeable. The delivery contractor will not take away packaging material but will take away damaged goods.
7.
Shortages
7.1
It is the customer’s responsibility to sign for the correct number of items as shown on the delivery consignment note.
7.2
Any shortages must be notified to the driver and noted on the consignment note before a signature is given. Any shortages reported that were not noted at time of signature will not be accepted, and re-makes will be chargeable.
8.
Incorrect goods
8.1
It is the customer’s responsibility to notify the company of any incorrect goods supplied within 48 hours of delivery.
8.2
Any wrongly supplied goods that are notified after this time may incur a charge to rectify.
9.
Risk
9.1
Risk in the goods sold passes to the customer on delivery.
9.2
The recipient of the goods is responsible for any additional lifting once the initial delivery has been made.
9.3
The Company strongly recommends that the customer dose not book in builders until the order has been received and checked.
10.
Suppliers
10.1
The company uses multiple suppliers and will honour its brochure and specifications where shown, however some parts may not be identical, for example: handles, locks, timber shades, etc.
11.
Building Regulations
11.1
The company cannot not accept responsibility for goods being installed to a property that does not meet building regulations. It is the customer’s responsibility to ensure what specification of stairs, door or window is required for the property.
12.
Customer Installations
12.1
All parts are checked before they leave the factory, however please recheck your goods to ensure they are the correct size and style, and operate easily. Please refer to installation instruction; For further information, please contact your Sales Representative.
12.2
If you are unhappy with any part of an item supplied do not begin the installation and instead report it to us.
12.3
We cannot accept return of goods that are damaged after delivery where this is due to the negligence of the customer, the customer’s installation contractor or other third party. We recommend that a competent or qualified person carries out the installation of goods supplied. It is well recognised that over 90% of remedial work is due to incorrect installation
12.4
If a service call is requested this will require an upfront payment of €250 + VAT. The full amount will be refunded should the frame be installed correctly.
12.5
Always check the size of your new framework against your old frame before removing old frame.
12.6
It is your responsibility to choose the appropriate product based upon the information contained on our web site. If you are in any doubt as to which product to order then contact us. Weather testing/Wind loading reports are available from us.
12.7
A product cannot be returned when it is subsequently found to be unsuitable for any reason, such as (but not limited to): the dimensions of the product are too large or too small to fit in the intended position, or is in poor working order due to improper handling.
12.8
If the customer finds the goods not to be satisfactory, we will need photographic evidence which should be sent to us. If after examination a fault is found, we will replace free of charge, however if it looks to be in poor working order due to improper handling we may require further investigation and the customer must cover any costs in returning the goods.
12.9
If we find the goods to be in good condition we will consider the case closed.
