Terms & Conditions

The customer’s attention is drawn in particular to the provisions of clause 9.

1. DEFINITIONS

Business Day: a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.

Conditions: the terms and conditions set out in this document as amended from time to time

Contract: the contract between the Supplier and the Customer for the sale and purchase of the Goods in accordance with these Conditions

Customer: the person or firm who purchases the Goods from the Supplier

Delivery Location: the address given by the Customer for the delivery of the Goods

Force Majeure Event: an event, circumstance or cause beyond a party’s reasonable control

Goods: the Goods (or any part of them) set out in the Order

Order: the Customer’s order for the Goods, as set out in the signed Sales Order from the Customer (for POA orders), or the Order Confirmation to the Customer (online orders) as the case may be

Specification: any specification for the Goods, including any related plans and drawings, that is agreed in writing by the Customer and the Supplier or as input and accepted by the Customer for online orders

Supplier: Premier Doors Direct c/o Direct Roofing Systems Ltd (registered in England and Wales with Company Number 10942931)

2. PLACING AN ONLINE ORDER AND ITS ACCEPTANCE

2.1 Placing your Order: Please follow the onscreen prompts to place an order. Each Order is an offer by the Customer to buy the Goods specified in the Order subject to these terms

2.2 Correcting input errors: The Order process offers the Customer the opportunity to check and amend any errors before submitting the Order to the Supplier. The Customer is responsible for ensuring that the Order and any Specification submitted is accurate and complete

2.3 Acknowledging your Order: After placing an Order, the Customer will receive an email from the Supplier acknowledging that they have received the Order. The Order shall be deemed to be accepted once the supplier issues a written acceptance of the Order by email, at which point the Contract shall come into existence

2.4 If we cannot accept your Order: If the Supplier is unable to supply the Goods for any reason, they will inform the Customer immediately by email and they will not process the Order. Any monies paid will be refunded

3. BASIS OF CONTRACT

3.1 These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing

3.2 The Order constitutes an offer by the Customer to purchase the Goods in accordance with these Conditions. The Customer is responsible for ensuring that the terms of the Order and any applicable Specification submitted by the Customer are accurate and complete

3.3 The Order shall only be deemed to be accepted when the Supplier issues a written acceptance of the Order, including email confirmation, at which point the Contract shall come into existence

3.4 The Customer waives any right it might otherwise have to rely on any term endorsed upon, delivered with or contained in any documents of the Customer that is inconsistent with these Conditions

3.5 Any samples, drawings, descriptive matter or advertising produced by the Supplier and any descriptions or illustrations contained in the Supplier’s catalogues or brochures are produced for the sole purpose of giving an approximate idea of the Goods referred to in them. They shall not form part of the Contract nor have any contractual force

3.6 A quotation for the Goods given by the Supplier shall not constitute an offer. A quotation shall only be valid for a period of 20 Business Days from its date of issue

3.7 Quotations and Orders are provided by the Supplier based on information provided by the Customer. If Goods are required to comply with Part F and Part L of The Building Regulations 2010, this must be specified by the Customer before the Order is placed and accepted

4. GOODS

4.1 The Goods are described in the quotation / Order of the supplier

4.2 The Customer shall indemnify the Supplier against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by the Supplier in connection with any claim made against the Supplier for actual or alleged infringement of a third party’s intellectual property rights arising out of or in connection with the Supplier’s use of the Specification. This clause 4.2 shall survive termination of the Contract

4.2 The Supplier reserves the right to amend the Specification if required by any applicable statutory or regulatory requirement, and the Supplier shall notify the Customer in any such event

5. MADE TO MEASURE GOODS

5.1 The supplier will fabricate made-to-measure Orders for the Goods according to the measurements the Customer provides to the Supplier. All Drawings provided by the Supplier are viewed from the outside and all bay measurements are given from the inside

5.2 The Customer will be responsible for ensuring that the measurements are correct and accurate. Dimension are finished-frame manufacturing sizes, inclusive of any frame extensions such as cills and add-ons

5.3 The Customer shall be responsible for ensuring the accuracy or the content of each and any order submitted, with all necessary information relating to the Goods ordered, itemizing colour, all dimensions, ventilation, u values and energy rating

5.4 The Customer will accept all risk and responsibility should they arrange or commence works or installation without fully checking the Goods. Once installed, the Supplier will not accept any liability for any damages found

5.5 The Supplier cannot accept the return of made-to-measure Goods or offer a refund

6. DELIVERY

6.1 The Supplier shall ensure that each delivery of the Goods is accompanied by a delivery note that shows the date of the Order, all relevant Customer and Supplier reference numbers, the type and quantity of the Goods (including the code number of the Goods, where applicable), and any special storage instructions

6.2 Delivery of the Goods shall be completed on the arrival of the Goods at the Delivery Location. The Supplier offers a kerb-side delivery only and it is the Customer’s responsibility to ensure they have sufficient people on site to unload frames. Failure to do so may mean Goods being returned to the Supplier and a re-delivery charge being made

6.3 The Supplier shall not be liable from any damage or loss arising from the unloading of the Goods.

6.4 The Customer is responsible for ensuring that Goods are free from defects and damage. Any product found to have defects or damage must be reported within 24 hours of delivery

6.5 Lead dates quoted for delivery are approximate only and the date and time of delivery is not of the essence. The Supplier shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or the failure of the Customer to provide the Supplier with adequate delivery instructions or any other instructions relevant to the supply of the Goods. Delivery dates may also depend on the location of the delivery. The Customer will be notified of the Delivery date and approximate time.

6.6 If the Customer fails to accept delivery of the Goods on completion of unloading of the Goods, then, except where such failure or delay is caused by a Force Majeure Event or the Supplier’s failure to comply with its obligations under the Contract in respect of the Goods, then delivery of the Goods shall be deemed to have been completed on the Business Day when actual delivery takes place

7. CANCELLATION

Cancellation of an Order by the Customer will only be accepted by the Company on condition that all costs and expenses incurred by the Company up to the time of cancellation and by reason of the cancellation will become payable by the Customer to the Company immediately upon acceptance of cancellation of the Order by the Company. Definitive cancellation costs will be determined on the stage of fabrication of the Order including specific purchases made in relation to the Order.

8. QUALITY

8.1 The Supplier warrants that on delivery, the Goods conform in all material respects with their description and any applicable Specification

8.2 The goods must be inspected and any defects must be reported to the Supplier within 24 hours (known as the Defects Liability Period). The Supplier will not accept liability for any claims received after the Defects Liability Period has expired.

8.3 The Supplier must be given a reasonable opportunity to examine the Goods. The Customer agrees to allow the Supplier on site to examine Goods if needed, and suggest or take remedial actions to remedy the issues.

8.4 The Supplier shall not be liable for failure of the Goods or any defect that arises: because the Customer failed to store, commission, install, use or maintain the goods appropriately, or if the defect has arisen as a result of the design or Specification supplied by the Customer or the Customer has altered or repaired such Goods without written consent of the Supplier or defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions.

8.5 These conditions shall apply to any repaired or replacement Goods supplied by the Supplier.

9. TITLE AND RISK

9.1 The risk of the Goods shall pass to the Customer on completion of delivery

9.2 Title to the Goods shall not pass to the Customer until the Supplier receives payment in full (in cash or cleared funds) for the Goods

10. PRICE AND PAYMENT

10.1 The price of the Goods shall be the price set out in the Order

11. LIMITATION OF LIABILITY

11.1 The Supplier has obtained insurance cover in respect of its own legal liability for individual claims. The limits and exclusions in this clause reflect the insurance cover the Supplier has been able to arrange and the Customer is responsible for making its own arrangements for the insurance of any excess loss.

11.2 The restrictions on liability in this clause 9 apply to every liability arising under or in connection with the Contract including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.

11.3 Nothing in the Contract limits any liability which cannot legally be limited, including liability for:

(a) death or personal injury caused by negligence;

(b) fraud or fraudulent misrepresentation;

(d) defective products under the Consumer Protection Act 1987.

11.4 Subject to clause 11.3, the Supplier’s total liability to the Customer shall not exceed the cost of the Goods.

11.5 Subject to clause 11.3, the following types of loss are wholly excluded:

(a) loss of profits;

(b) loss of sales or business;

(d) loss of anticipated savings;

(e) loss of use or corruption of software, data or information;

(f) loss of or damage to goodwill; and

(g) indirect or consequential loss.

11.6 This clause 11 shall survive termination or expiry of the Contract.

12. GENERAL

12.1 The Supplier may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract.

12.2 A person who is not party to the Contract shall not have any rights to enforce its terms.

13. TERMINATION

If the Purchaser enters into a Deed of Arrangement or commits an act of bankruptcy or compounds with their creditors or a receiving order is made against them or (being a company) shall pass a resolution or the court shall make an order that the Purchaser shall be wound up (otherwise than for the purposes of amalgamation or reconstruction) or if a receiver shall be appointed of any of the assets or undertaking if the Purchaser or if circumstances shall arise which entitles the court to make a winding-up order or if the Purchaser takes or suffers any similar action in consequence of debt or commits any breach of the contract the Seller may stop any Goods in transit and suspend further deliveries and by notice in writing to the Purchaser may forthwith determine the Contract without prejudice to the provisions of Conditions, 5(b) hereof and to any existing claim.

14. WAIVER

The failure by either party to the Contract to exercise or enforce any rights conferred by the Contract shall not be deemed to be a waiver of any such right. Nor operate so far as to bar the exercise or enforcement thereof at any time or times thereafter

15. NOTICES

Any notices hereunder shall be in permanent readable form and shall be deemed properly addressed to the party concerned at its principal place of business or last known address.

16. THIRD PARTY RIGHTS

(a) The Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.

(b) The rights of the parties to rescind or vary the Contract are not subject to the consent of any other person.

16.1 Governing law. The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by and construed in accordance with the law of England and Wales.

16.2 Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.

17. USE OF WEBSITE

The use of this website is subject to the following terms of use:

17.1 The content of the pages of this website is for your general information and use only. It is subject to change without notice.

17.2 Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

17.3 Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

73.4 This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

17.5 All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.

17.6 Unauthorised use of this website may give to a claim for damages and/or be a criminal offence.

17.7 From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

17.8 Your use of this website and any dispute arising out of such use of the website is subject to the laws of England and Wales.

17.9 We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of our website or the purchase of goods.

17.10 This is a comprehensive limitation of liability that applies to all damages of any kind.

18. FORCE MAJEURE

18.1 The Seller shall not be liable to the Purchaser for any loss or damage which may be suffered by the Purchaser as a direct or indirect result of the supply of the Goods by the Seller being prevented hindered delayed or rendered uneconomic by reason of any force majeure circumstances.

18.2 In the condition “Force Majeure Circumstances” shall mean any Act of God riot strike lock-out trade dispute or labour disturbance; accident break-down of plant machinery fire flood difficulty or increased expense in obtaining workman materials or transport or other circumstances whatsoever outside the reasonable control of the Seller affecting the provision of the Goods or of raw materials thereof by the Seller’s normal source of supply or the manufacture of the Goods by the Seller’s normal means or the delivery of the Goods by the Seller’s normal route or means of delivery.

19. TERMINATION

20. NOTICES

Any notices hereunder shall be in permanent readable form and shall be deemed properly addressed to the party concerned at its principal place of business or last known address.

21. PATENTS

The Purchaser shall indemnify the Seller against all actions claims and costs, damages or losses arising from any infringement of letters, patent design trademark or copyright protected by law in respect of any Goods made or supplied by the Seller.

22. GOVERNING LAW

The Contract shall in all respects be governed by and construed and interpreted in accordance with the Laws of England.