STANDARD TERMS AND CONDITIONS OF SALE
1. Name of Supplier
Eastern Doors Limited whose registered office is at 44 Anchor Road, Terrington St Clement, King’s Lynn, Norfolk, PE34 4HL (Company Registration Number: 0624096), (‘we’ or ‘us’ in these terms and conditions) shall be supplying the goods and/or services to you.
2. What is to be provided to you by us
We and you have agreed that we will supply to you the goods and/or services described on the quotation and order acceptance.
3. Price (and VAT)
The price for the items and/or services is as stated on the survey quotation.
4. When payment is to be made
4.1. A 50% deposit is required to place the order with the balance due on the day of delivery or completion of the order.
4.2. Customers paying by our finance options are required to pay a 10% deposit.
4.3. Please note that we will not be able to deliver the items or perform the services until we have received payment of the deposit and payment has cleared our account.
4.4. Where an order has not been fully completed but the door is secure and fully operational e.g. missing trims, incorrect handle colour, floor rubber, then you will be required to pay 80% of the outstanding balance with the remaining balance to be paid on completion of the works.
4.5. For servicing and repair jobs, full payment will be required before any works are completed, unless agreed otherwise by a Senior Manager.
5. Delivery (which term, for the purpose of these terms and conditions shall include installation)
Delivery of the items will be as stated on the quotation and order acceptance, and will be by the means stated in that quotation and order acceptance.
6. When delivery will be made
Delivery will be made in accordance with the Survey Quotation or within two weeks of the door being delivered by the supplier unless otherwise agreed between the parties. We aim to complete the work on time, but it is not always possible to do so, for example where delay is caused by weather conditions or circumstances which are outside our control. If this situation occurs our aim is to complete the work as soon as we reasonably can, and we will inform you when delays are expected or as soon as we become aware of the same.
7. Customer Obligations
7.1. It is the responsibility of the Customer to ensure that:
7.1.1. The delivery site is cleared and accessible (to include the garage being cleared to a minimum of three meters from the garage door and access to power points), ready for the goods to be delivered and installed unless otherwise agreed on the Survey Quotation. We nor our sub-contractors will be responsible for clearing the site.
7.1.2. Any appointment arranged is adhered to, unless notification is provided to us in writing 2 days prior to the agreed installation date. Our contact details can be found in Clause 11.
7.2. In the event of any failure on the Customer’s part in relation to Clause 7.1. or unforeseen circumstances such as interference of other trades on site or improper access to the work which results in alternative delivery arrangements being necessary, we reserves the right to charge an abortive fee of £180 inclusive of VAT per door.
7.3. We have a duty to ensure the safety of its installers whilst on site. Our insurance extends only to the safety of the installers engaged by us. The Customer is therefore kindly requested to refrain from seeking to assist or interfere with the works carried out by the installers whilst on site. The Customer is also asked to remain outside of the marked work area for their safety. If a Customer causes interference to the installers work will stop until it is safe to continue which will result in a delay of the works being carried out and a further charge if installers need to return on another day to complete the job.
8. Site Safety
8.1. We have a statutory duty to carry out our operations in a safe and controlled manner.
8.2. We must ensure the safety and welfare of our employees and sub-contractors.
8.3. Our compliance with these obligations requires the assistance of the Customer as the works will be carried out at the Customer’s premises.
8.4. In addition to the requirements referred to in Clauses 7 the Customer is also required to ensure that during the course of the works being carried out the site is free from the presence of children and animals.
9. Consumer Rights
9.1. Where the Customer purchases the Services for their personal use and not in the course of a business, the Customer will be a consumer (a Consumer). Nothing in these Terms shall exclude or restrict the legal rights the Customer has as a Consumer.
9.2. Where the Contract is made in the Customer’s home or place of work a Consumer has the additional legal right to cancel the Contract before it is fulfilled or the Services commenced and receive a refund. To cancel the Contract the Customer must inform the Supplier in writing of their desire to cancel within fourteen (14) working days of the Contract being made.
9.3. The Customer does not have the right to cancel if the goods are bespoke or manufactured to the Customer’s specification.
9.4. If the Customer has asked the Supplier to begin work on the Contract or to order goods from a third party which are non-refundable before the expiry of the 14 day period, then the Supplier is entitled to charge the Customer for the work it has undertaken and/or the goods it has ordered.
9.5. If the Customer cancels the Contract after the Supplier has already started work, the Customer will pay the Supplier any costs it reasonably incurred in starting work and this charge may be invoiced to the Customer.
9.6. Consumers can obtain advice about their legal rights from their Local Citizens’ Advice Bureau or trading standards office.
10. Cancellation
10.1. Save where the goods have been sourced and/or manufactured to your specific requirements, you may cancel this contract in accordance with the instructions set out below.
10.2. You have the right to cancel this contract within 14 days without giving any reason.
To exercise the right to cancel you must inform us, (our contact details being set out in Clause 11), of your decision to cancel this contract by a clear statement, (eg a letter or email).
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. If the products are bespoke, specialised or customised, then no refund will be given. You will have to bear the direct cost of returning the goods.
If you requested to begin the performance of services during the cancellation period you shall pay us an amount which is in proportion to what has been performed until you have communicated to us your cancellation from this contract in comparison with the full coverage of the contract.
10.3. If you require the installation of the door to be undertaken within the 14 day cancellation period you must provide us with your express consent.
If the installation of the door is completed during the 14 day cancellation period your right to cancel the contract will be lost.
11. Contact details
11.1. Our address is Eastern Doors Ltd, 44 Anchor Road, Terrington St Clement, King’s Lynn, Norfolk, PE34 4HL
11.2. Complaints or comments: If you have any complaints about the goods or services or any aspect of the way we have dealt with your order please contact the Manager, either by writing to the address given in Paragraph 11.1 or by email to sales@easterngroupuk.com
12. Guarantee
12.1. All works carried out by us has a five year workmanship guarantee.
12.2. Doors supplied and fitted by us will come with a manufactures guarantee and details of this will be supplied to the Customer at the time of installation – the manufactures guarantee will also be subject to the manufacturer’s terms and conditions. Please note most manufacturer guarantees recommend that the garage door is maintained every 12 to 18 months and we would refer the Customer to the manufacture’s terms and conditions.
13. Maintenance and Servicing
It is highly recommended and in most cases a requirement of the manufacture that the door supplied is maintained. We can provide this service and details of which including cost will be provided upon enquiry. If any problems are discovered during inspection we will advise you of these and provide a plan of action. Please note costs are payable prior to attendance.
14. Ownership of goods
We shall retain full legal ownership of the goods until we have received payment in full from you, even though the goods may have been already delivered to you.
15. Limitation of liability Goods
15.1. If the goods we deliver are not what you ordered, are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing at our contact address of the problem. You should notify us within five working days of the delivery of the goods in question.
15.2. If you do not receive goods ordered by you, you should notify us within five working days in writing at our contact address to advise of this.
15.3. If you notify a problem to us under this condition, our only obligation will be:
15.3.1. to make good any shortage or non-delivery;
15.3.2. to replace or repair any goods that are damaged or defective; or
15.3.3. to refund to you the amount paid by you for the goods in question in whatever way we choose.
15.4. Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question as per Clause 15.3.3 above.
15.5. Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
16. Services
16.1. We aim to carry out the services with reasonable care and skill. If any part of the services is performed negligently or in breach of the provisions of this agreement then, on your request, we will re-perform the relevant part of the services. We will not be liable to re-perform any part of the services which we have performed negligently or in breach of this contract unless you notify us in writing at our contact address.
16.2. Except in the case of death or personal injury caused by our negligence, our liability under or in connection with this contract whether arising in contract, tort, negligence, breach of statutory duty or otherwise howsoever shall not exceed the price you have paid us.
16.3. Except to the extent permitted by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any negligence or breach of the contract on our part and we shall have no liability to pay any money to you by way of compensation other than to refund to you the price you have paid to us.
17. Marketing
At this conclusion of provision of goods and services to you, we reserve the right to erect an advertisement board visible from the front of your property and to take photographs of the finished installation. These photographs may appear on our adverts and websites, but shall be taken in such a way as to ensure that your property cannot be recognised and that you, your family or visitors to your property are not within the photograph. If you wish to opt- out of this arrangement, please confirm this in writing (to include email notification), to the address provided in Clause 9, prior to the conclusion of the installation.
18. Confidentiality
18.1. Confidential information refers to any data or information which would reasonably be of a personal and highly confidential nature to the Customer including, but not limited to, personal access details such as alarm codes, garage access codes, that are not generally known by others and where the release of that confidential information could reasonably be expected to cause potential harm or loss to the Customer.
18.2. We agree that we will not disclose, divulge, reveal, report or use, for any purpose, any confidential information which we have obtained, except as authorised by the Customer or as required by law. The obligations or confidentiality will apply during the term of the contract and will survive indefinitely upon termination of this contract. All written and oral information and material disclosed or provided by the Customer to us under this contract is confidential information regardless of whether it was provided before or after the date of this contract or how it was provided to us.
19. Data Protection
19.1. The following definitions apply in this clause 19:
19.1.1. Controller, Processor, Data Subject, Personal Data, Personal Data Breach, processing and appropriate technical and organizational measure: as defined in the Data Protection Legislation.
19.1.2. Data Protection Legislation: all applicable data protection and privacy legislation in force from time to time in the UK including the UK GDPR, the Data Protection Act 2018 (and regulations made thereunder) and the Privacy and Electronic Communications Regulations 2003 (SI2003/2426) and the guidance and codes of practice issued by the Information Commissioner or other relevant regulatory authority and applicable to a party.
19.1.3. Domestic Law: the law of the United Kingdom or a part of the United Kingdom.
19.2. Both parties will comply with all applicable requirements of the Data Protection Legislation. This clause 7 is in addition to, and does not relieve, remove, or replace, a party’s obligations or rights under the Data Protection Legislation.
19.3. The parties acknowledge that for the purposes of the Data Protection Legislation, the Customer is the
Controller and the Supplier is the Processor.
19.4. Without prejudice to the generality of clause 19.2, the Customer will ensure that it has all necessary appropriate consents and notices in place to enable lawful transfer of the Personal Data to the Supplier and/or lawful collection of the Personal Data by the Supplier on behalf of the Customer for the duration and performance by the Supplier on behalf of the Customer for the duration and purposes of the Contract.
19.5. Without prejudice to the generality of clause 19.2, the Supplier shall, in relation to any Personal Data processed in connection with the performance by the Supplier of its obligations under the Contract:
19.5.1. Process that Personal Data only on the document written instructions of the Customer unless the Supplier is required by Domestic Law to otherwise process that Personal Data. Where the Supplier is relying on Domestic Law as the basis for processing Personal Data, the Supplier shall promptly notify the Customer of this before performing the processing required by the Domestic Law unless the Domestic Law prohibits the Supplier from so notifying the Customer;
19.5.2. Ensure that it has in place appropriate technical and organizational measures, reviewed and approved by the Customer, to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include where appropriate, pseudonymising and encrypting Personal Data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that confidentiality, integrity, availability and resilience of its systems and services, ensures that availability of and access to Personal Data can be restored in a timely manner after an incident, any regularly assessing and evaluating the effectiveness of the technical and organizational measures adopted by it);
19.5.3. Ensure that all personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential; and
19.5.4. Not transfer any Personal Data outside the UK unless the prior written consent of the Customer has been obtained and the following conditions are fulfilled:
19.5.4.1. the Customer or the Supplier has provided appropriate safeguards in relation to the transfer;
19.5.4.2. the Data Subject has enforceable rights and effective legal remedies;
19.5.4.3. the Supplier complies with its obligations under the Data Protection Legislation by providing an adequate level of protection to any Personal Data that is transferred; and
19.5.4.4. the Supplier complies with reasonable instructions notified to it in advance by the Customer with respect to the processing of Personal Data.
19.5.5. Assist the Customer, at the Customer’s cost, in responding to any request from a Data Subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators.
19.5.6. Notify the Customer without undue delay on becoming aware of a Personal Data Breach.
19.5.7. At the written direction of the Customer, delete or return Personal Data and copies thereof to the Customer on termination of the Contract unless required by Domestic Law to store the Personal Data; and
19.5.8. Maintain complete and accurate records and information to demonstrate its compliance with this clause 19.
20. Force Majeure
20.1. Force Majeure means – war, hostilities (whether war be declared or not), invasion, act of foreign enemies, riot, civil commotion, or disorder; any form of government intervention, strikes and lock outs relevant to the Contract; delays by sub-contractors or suppliers; any other circumstance beyond the reasonable control of either of the parties. Including Pandemics.
20.2. If either party is prevented or delayed from or in performing any of its obligations under the Contract by Force Majeure then it may notify the other of the circumstances constituting the Force Majeure and of the obligations performance of which is thereby delayed or prevented, and the party giving the notice shall be excused the performance of such obligation for so long as the circumstances of prevention may continue.
20.3. If either party shall be excused the performance of any obligation for a continuous period of 60 days then either party may at any time thereafter and provided such performance is still excused by notice to the other terminate the Contract.
21. Entire agreement
These terms and conditions, together with the information detailed on your survey quotation, set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any salesperson, agent, employee, partner or other representative on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
22. Variation
Unless otherwise agreed in writing these terms and conditions will govern all contracts for the sale of our goods or the supply of our services. Any qualification or modification of these conditions and any other conditions which the Customer may seek to impose will not apply unless expressly accepted by us in writing.
23. Invalidity
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
24. Governing Law and Jurisdiction
24.1. This contact 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
24.2. 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.
25. Third parties
For the purposes of the Contracts (Rights of Third Parties) Act 1999 and notwithstanding any other provision of this contract this is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.