- Terms & Conditions Definitions: The term “the Company” means Lifestyle Gates Ltd. The term “the Customer” or “Customers” means any person or persons, organisation or company purchasing goods from “the Company”. The term “goods” means any products, metal components and other hardware, ironmongery or consumables supplied by the Company in respect of the provision of aluminium gates as per written quotations supplied by the Company and agreed with the Customer.
- General: Unless expressly agreed in writing by the Company, all goods supplied will, at no point, be at variance to the terms and conditions set out within this document.
- Consumer Rights Act 2015: The conditions set out in this document are at no point at variance with the Act.
- Goods: To the extent that the goods are to be manufactured in accordance with a ‘goods specification’ supplied by the Customer, the Customer shall indemnify the Company against all liabilities, costs, expenses, damages and losses incurred by the Company in connection with any claim made against the Company’s use of the ‘Goods specification’. It is the Customers responsibility to check their ‘goods specifications’ and make sure all appropriate design details are included, accurate and appropriate for their requirements & the intended use.
- Acceptance of Order: Each order which is so accepted constitutes a legally binding contract between the Company and the Customer. No variations to any order or to the terms and conditions set out within this document shall be introduced at any time by the Customer without being expressly agreed to in writing by the Company.
- Estimates and quotations: All estimates and quotations are made & supplied in good faith according to the information secured during communications with the Customer as well as the practical manufacturing and trading conditions pertaining at the time. The Company reserves the right to make changes to the specifications of goods quoted for as it sees fit, without notice should manufacturing requirements change. Generally, the prices shown in any written quotations remain valid for 30 days from letterhead date, after which time they may be subject to any review the Company sees fit to undertake. Under some extreme circumstances prices may need reviewing before the 30-day deadline, in which case, the Company will undertake to contact the Customer immediately upon discovering the need for change. It is the Customer’s responsibility to make sure that all details supplied in estimates and quotations are correct and appropriate to their requirements before confirming an order (see item 10)
- Risk and Title to Goods: The risk passes to the Customer upon delivery of goods. It is the Customer’s responsibility to secure and insure the goods from the time that they are delivered which is taken to be the point at which they have accepted the goods and signed the delivery documen However, whilst the risk is passed upon delivery of goods, legal ownership of goods remains with the Company until such time as payment in full has been received. The Company reserves the right to recover any supplied goods in the event of failure by the Customer to pay for supplied goods and moreover the Company reserves the right to levy interest on amounts owing beyond the specified payment period (see item 13)
- Notification of loss, damage or faults in the Goods: The Company must be informed by the Customer immediately upon delivery, of any shortages, damage or faults of the goods supplied. The Company cannot be held responsible for any loss, injury or damage to the Goods or any party howsoever caused as a result of subsequent associated works or handling by the Customer or other parties nor any damage that is NOT as a result of ‘faulty design or manufacture of goods’. (see item 14)
- Returns or cancellation of orders: The Company cannot accept returns without being given reasonable opportunity by the Customer to inspect the goods and attempt to remedy any defects. In the event of the Customer wishing to cancel an order after being formally placed, they accept that any deposit money paid to the Company will be non-refundable and that they may be liable for further costs that may have been incurred by the Company as a result of the initial placement of the order.
- Orders: All placed orders for the supply of goods and services require the supplied order form to be completed, signed and returned and is taken by the Company as acceptance of the terms and conditions set out within this document. Orders detailing the supply of gates normally require a deposit. If this is so, the amount will be shown in the order form supplied. This deposit is non-refundable in all circumstances. Any additions to a signed order will be charged at the going rates applied by the Company at the time of supply. Please note it is the Customer’s responsibility to check all the details given in the quotation and make sure they are satisfied before placing an order. In particular, the Customer should thoroughly check all details shown in any CAD representations that may have been supplied. Once an order has been placed, the Company cannot be held liable for the costs of any changes the Customer may subsequently wish to make.
- Delivery: The cost of the delivery of any goods will be detailed and included in the quotation agreed by the Company and the Customer as per any agreement reached with the Customer. At no time will any variance to delivery details be introduced by the Customer without the specific written prior agreement with the Company. In the event that extra costs are incurred due to changes introduced by the Customer, the Company reserves the right to levy extra charges.
- Associated third party works: Where the Customer, either themselves or by engaging other parties, becomes directly involved with installation of the supplied goods or the supply and/or installation of other goods and services that are associated with installation of the goods, it is expressly understood that they do so entirely at their own risk and that the responsibility remains entirely with the Customer at all times. Accordingly, the Company cannot be held responsible for any safety breaches, omissions, damage, breakages, faults or extra costs that may occur as a result of this activity.
- Payment: Generally, all payment is due, in full, prior to receipt of goods and subject to the rate of Value Added Tax current at the time. All payment must preferably be made by direct banking methods only- cheque or cash will not normally be accepted without expressed prior agreement in writing. Unless otherwise agreed in writing all payments shall be made in pounds sterling. In certain circumstances credit account facilities may be extended to customers who provide appropriate details and meet certain criteria. These accounts will have separate Terms and Conditions, details of which are available upon request. No claim by the Customer under warranty or otherwise shall entitle the Customer to any deduction, retention or withholding of any part of any sums due for payment. The Customer shall not be entitled to any set-off of obligations within or between contracts with the Company.
- Warranty: The Company warrants that the goods it supplies are as described, fit for purpose and conform to appropriate standards of design, manufacture, finish, operation and safety provided they are used reasonably & correctly in appropriate situations and are properly maintained. The Company will undertake to repair or replace any goods that fall below these standards free of charge providing the goods remain within the warranty terms detailed in the written quotation.
Please Note: Structural integrity and surface finishes: The bespoke powder coated aluminium goods that we supply are produced to the highest standards with premier quality, sturdy components designed and treated to withstand normal weathering that can be reasonably expected and retain full structural integrity providing they are installed appropriately according to recognised accepted industry norms and maintained regularly. Although no specific guarantee is offered, the Customer can reasonably expect these items to be free from major structural defects or corrosion for a period of least 20 years under normal conditions. However, in cases of exposure to extremes of weather, salt or other corrosive and abrasive materials or conditions this may not be the case and in these circumstances the Company cannot held responsible for any deleterious effects that may occur. Finish: Powdered coating is generally considered to be the best and most appropriate surface finishing method for aluminium goods exposed to weathering. However, like all surface coatings exposed to the elements, some change to the external appearance is inevitable for which the Company cannot be held responsible.
- Force Majeure: In the event of the Company being delayed or prevented from performing its obligations set out within this document owing to any cause beyond the Company’s control including, without limitation, acts of god, war, civil commotion, government policies, strikes, lockouts, trade disputes, difficulties in obtaining workmen or materials, illness, breakdown of equipment, or any other cause, the Company will not be liable for any loss or expenses howsoever incurred and reserves the right to cancel or suspend any order or contract without incurring any liability that might arise therefrom and the Customer shall not have the right to terminate any contract as a result of the above.
- Limitations of Liability: The Company shall not be liable for any expenditure, loss, damage or injury (other than personal injury arising out of negligence for which the Company must accept liability in accordance with the Unfair Contract Terms Act 1977) arising out of the use of goods and services
- Default: If the Customer becomes insolvent or commits a breach of the terms and conditions set out within this document, the Company reserves the right to stop goods in transit and claim back any supplied goods that have not been paid for.
- Complaints: Any complaints by the Customer about any of the services or good supplied must be notified to the Company in writing within 14days of the invoice date.
- Governing Law: This contract shall be, in all respects, governed by and construed in accordance with English Law.
- Assignment: The Customer shall not be entitled to assign the contract without prior written consent of the Company. The Company may assign the contract or any part of it to a third party.
- No Rights of Third Parties: The Company and the Customer do not intend that any term set out within this document shall be enforceable by virtue of the Contract (Rights of Third Parties) Act 1999 by any person that is not a party to it.
- Data protection notice: “Pursuant to the Data protection Act 1998 – where we, the Customer, provide the Company with personal information, we understand that the data will be held securely in confidence and only be used for the purpose of carrying out aluminium gate manufacturing business and its associated activities. We understand that under no circumstances will any of this information be forwarded to third parties and that we have the right to know what data is held about us, which can be obtained if we apply in writing and pay an applicable We understand that from time to time the Company may contact us via telephone, fax, e-mail or SMS text with the purposes of marketing & supplying information about goods or services that pertain to the trading activity of the Company. We understand that we have the right to request that we are not contacted in this manner”