Terms and Conditions of Sale of Plantation Shutters Direct
The following terms and conditions (“the Conditions”) are the terms on which Plantation Shutters Direct (PSD) sells products and supersedes all other
terms and conditions relating to the subject matter of these conditions:
1 PRICE AND PAYMENT
1.1 The price (inclusive of VAT and installation) for the Goods (“the Price”) shall be the price as stated by the authorised consultant of the Seller
detailing prices of the Goods which may be amended by the Seller from the time, or such other price as the parties may agree in writing.
1.2 Payment of the Price shall be made by the Buyer, in two tranches. Upon order placement a 50% deposit will be payable, with the remaining
50% payable on completed installation of the Goods. Once PSD has fulfilled its obligations in connection with its undertakings, full settlement
will be due. Balances remaining unsettled after 7 days will be subject to a late charge of 25%. If after 14 days of completion and no payment
has been received, PSD have the right to charge daily interest of 1.5% above base rate until settlement of the account is received. Any
additional costs, including court or debt recovery to recover outstanding debts, will be added to the final balance.
1.3 Cancellation of any order can only be accepted within 24 hours of order placement as all products are custom made. Any cancellations by the
Buyer following this period will result in the deposit being non-refundable. If production is completed then the Buyer will be charged the full
2.1 All Goods shall conform to the specification detailed in the invoice provided by the Seller.
2.2 Any order for Goods sent by the Buyer to the Seller shall only be confirmed by means of the Seller’s standard acknowledgement form and shall
be deemed to be accepted subject to the Conditions contained herein.
2.3 Each order for Goods accepted by the Seller shall be deemed to be an individual legally binding contract between the parties.
2.4 Wood is a natural product, therefore some stain and paint finishes may have slight tonal differences under certain lighting conditions. Such
variations are not a defect on the part of PSD. As such, in the event of custom colour, PSD will not be held respnsible if the stain or paint finish
is not 100% match with the Seller’s sample.
3.1 The Seller shall deliver the Goods to the Buyer at the address of the Buyer in the Purchase Order. All delivery times are a guidance only. Delays
may occur due to production and shipping problems which are beyond the Seller’s control. Claims for compensation with delays will not be
accepted unless stated in writing to a customer at point of sale.
3.2 The Buyer shall be deemed to have accepted the Goods upon their delivery or installation. Any defects in the product once installed must be
notified within 7 days of delivery/installation.
3.3 All risk in the Goods shall pass to the Buyer upon delivery.
3.4 If the Seller is unable to deliver the Goods for reasons outside its control, the Seller shall be entitled, at the Buyer’s expense, to place the Goods
in storage until such time as the Goods may be delivered. Delays in transit are out of our control and compensation cannot be issued as per
4 TITLE TO GOODS
4.1 The Seller warrants that it has good title to the Goods and that it will transfer title in the Goods to the Buyer pursuant to Clause 4.2.
4.2 Notwithstanding delivery, title in the Goods shall not pass to the Buyer until the Seller has been paid in full for the Goods. Nothing in the Clause
shall prevent the Seller from raising an action against the Buyer for the payment of Goods.
5 DAMAGE IN TRANSIT & INSTALLATION
5.1 Upon serving notice within 24 hours of delivery to the Seller, the Buyer shall be entitled to replacement Goods if the Seller is reasonably satisfied
that the Goods have been damaged during transportation or installation.
6.1 Where the Goods have been manufactured by the Seller and are found to be defective, the Seller shall repair or replace defective Goods free
of charge upon the following conditions:
6.1.1 the Buyer giving notice of the defect within 5 days of of the defect coming to the Buyer’s attention;
6.1.2 such notice being served within 90 days of delivery;
6.1.3 the defect being due to the Seller’s faulty design, workmanship or materials; and
6.1.4 the defect not having arisen from the Buyer’s failure to comply with the Seller’s oral or written instructions as to storage, installation, use or
maintenance of the Goods or in accordance with the good trade practice.
6.2 All Goods supplied and installed are covered by a 3 year guarantee against defects in the manufacture or installation. If the Goods are not paid
for in full at time of installation then this guarantee becomes null and void.
7 LIMITATION OF LIABILITY
7.1 The Seller accepts liability for any private property loss or damage, death or personal injury caused by the negligence or deliberate misconduct
of PSD employees. Except for death/personal injury, this liability is limited to £25,000.
7.2 The Seller does not accept liability for 1) indirect or consequential loss 2) damage remedied by PSD within reasonable time 3) Force Majeure.
8 FORCE MAJEURE
8.1 The Seller is not liable for delays or installation caused by circumstances beyond its reasonable control and will be entitled to a time extension
for delivery or installation; examples include strikes, terrorist acts, war, supplier/transport/production problems, shipping or customs clearance,
government or regulatory action and natural disasters. If this lasts more than 2 months, this Agreement may be terminated by either party
9.1 Nothing in these Conditions shall be construed so as to exclude or limit the liability of the Seller for breach of the warranties contained in Clause
4 or for breach of warranty as to title and quiet possession implied by the Sale of Goods Act 1979 where such Act applies to the contract
between the Seller and the Buyer for the sale and purchase of the Goods incorporating these Conditions.
9.2 Nothing contained in these Conditions shall be construed so as to limit or exclude the liability of the Seller for death or personal injury as a result
of the Seller’s fraudulent misrepresentation, negligent actions or those of the employees or agents.
10 GOVERNING LAW AND JURISDICTION
10.1 This agreement shall be governed by and construed in accordance with the law of England and the parties hereto submit to the non-exclusive
jurisdiction of the English Courts.
Terms and Conditions of Sale of Plantation Shutters Direct