Trading Terms and Conditions
APPLICABILITY OF THESE TERMS AND CONDITIONS
These Terms and Conditions govern the supply of Goods and Services by Sliding Systems
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. All quotations, whether written, verbal, or other, are not binding.
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, 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.
Technical characteristics, pictures, and all other data stated on our catalogs on our websites or on documents downloaded from our websites and other technical documents are not binding. We reserve the right to modify any characteristic or description without notice.
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 catalogs 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, purchaser may be required to accept products and components produced or in production at moment of cancellation acceptance.
Order cancellations will be accepted only if confirmed in writing by Sliding Systems. In case of a confirmed cancellation, Sliding Systems reserves the right to charge the purchaser the expenses relevant to the progress of production (products and components produced or in production or ordered or procured by Sliding Systems at moment of cancellation acceptance) and/or a restocking fee of 25% of the value of the products cancelled (see condition 13). In case of blanket orders the purchaser will be bound to take and pay for any products being currently held in inventory for such orders as well as any of the ordered products planned for production during the next fourteen weeks.
There is no minimum order value for purchases of Goods or Services from Sliding Systems, but all delivery charges and duties (including freight insurance costs) are for the account of the Customer.
Are those agreed at the time of acceptance of the order, which has to be confirmed by Sliding Systems through the order acknowledgement. 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.)
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.
The agreed delivery time is intended as the time of dispatch from Sliding Systems' premises, not delivered at the purchaser's premises. Although the fulfillment 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, labor 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 Sliding Systems.
Standard Terms are Payment on Delivery. Sliding Systems Ltd 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. First time customers require completion of our standard credit application. 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.
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.
Sliding Systems warrants, to the original purchaser only, that the products (a) conform to the specifications published in its catalogs 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 labor, 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, 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. 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 Sliding Systems products are found to be not defective, all costs related to the shipment will remain at purchaser's cost. See condition #17.) Sliding Systems'responsibility is limited only as listed in condition 13.
RETURN OF GOODS:
Any and all expenses (customs, freight, etc) related to return shipments (not addressed in conditions #13 and/or #14) 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.
All terms and conditions are governed by English Law and are subject to the Exclusive jurisdiction of the English Courts.