STANDARD TERMS & CONDITIONS OF TRADE
1. Definitions of these Conditions:
(a) In these General conditions “the Company” shall mean Profile Systems Holdings. “The Customer” shall mean the person, firm or company to whom any quotation is addressed or with whom any contract is made. “The goods” shall mean the goods agreed to be sold and described on the despatch note. “The place of delivery” shall mean the place of delivery indicated in the quotation. or contract, or so near thereto as the delivery vehicle can safely get.
(b)In these General conditions any reference to the goods shall, where the goods are sold for delivery instalments include a reference to each instalment.
2. Order Acceptance:
Notwithstanding any conditions printed or written on customer’s official orders, all orders are accepted on the understanding of compliance with our General Conditions of Trading.
3. Date of Delivery:
The date or dates of delivery quoted or agreed by the Company are given in good faith but without obligation. The Company will not be liable for any loss, damage or delay due to the failure of the Company for any reason whatsoever to deliver or arrange for the delivery of the goods on or by the date or dates of delivery. If the Company is hindered or prevented from obtaining, transporting, delivering or arranging for the delivery of the goods by war, strikes, riots or any other cause whatsoever beyond the control of the company, the time for delivery shall at the Company’s option be extended accordingly and this clause shall apply to the new date or dates of delivery.
4. Prices:
All prices quoted by the Company shall be subject to change without notice. Prices quoted include for packing but do not include for carriage (unless previously agreed in writing to be made or arranged by the Company) or any goods or work (apart from packing) not specified in the contract.
5. Delivery Notes and Claims:
Where goods are delivered by our approved carrier or our own transport, no claims for damage, shortage, or breakage will be allowed unless advised to the Company in writing within five days of receipt of the goods by the Customer.
6. Payment:
Unless otherwise agreed in writing the Customer will pay for the goods not later than the last day of the next calendar month following despatch thereof. Where settlement discounts are previously agreed then accounts not paid on the due date are strictly nett.
7. Liability:
(a) The liability of the Company in respect of goods which are damaged shall be limited to the supply of a new part or the making good of the defective part and the Company shall not be liable for any cost whatsoever.
(b) The Company shall not be liable for any loss, damage or delay whatsoever and howsoever the same may arise or be caused.
(c) The risk in goods shall be that of the customer from the moment that the goods arrive at their premises.
8. Retention of Title Clause:
The goods remain the sole and absolute property of the Company as the
legal and equitable owner until such time as the customer shall have paid the Company all sums due under a contract together with all sums due to us under any other contract with us. Until such time as title in the goods passes to the customer, he will store them on his premises separately from his own goods or those of any other party and in a manner which makes them readily identifiable as our goods. For the purpose of recovery of our goods, we shall be entitled to enter upon any premises
where they are stored or where they are reasonably thought to be stored and repossess them.
9. General:
All implied conditions and warranties and other terms whether implied by statute or at common law or otherwise and whether as to quality, fitness for purpose, performance or otherwise in respect of the products and to the sale or supply thereof by the Company are hereby excluded.
10. The rights and obligations of the Company and of the Customer shall be governed by the Law of Ireland and the Customer shall submit to the determination of the disputes by the Courts of Ireland.
ALUMINIUM DIVISION TERMS AND CONDITIONS
The following Terms and Conditions pertain to the quotation and supply of aluminium goods for fabrication or fully fabricated on individual projects only and are in addition to the Standard Terms and Conditions of Profile Systems Holdings, thereafter referred to as “the Company”
General
1.1 All quotations are neither contracts nor offers and are valid for one calendar month only.
1.2 Any changes to schedule will effect quotation.
1.3 Price may be subject to alteration without prior notice.
1.4 All Profiles are quoted and supplied in Bar Length only with the exception of kits.
1.5 All glazing beads are Square Cut unless otherwise noted.
1.6 All rolls of gasket/woolpile etc are supplied in Full Roll Quantities only.
1.7 All systems accessories may be supplied in Box/Rounded Quantity at the Company’s discretion. All hardware supplied will be our standard range as quoted.
1.8 No allowance for fixing brackets and accessories for fixing the systems to the building structure has be allowed for, excluding those noted above.
1.9 The quoted price unless otherwise indicated is for standard Ral polyester powder coating, finish and thickness. Non standard coatings, finishes and thickness (including Marine Guarantee) may incur additional costs and lead times. Small orders may incur surcharges. All surcharges can only be priced at time of order. A list of Standard Ral polyester powder coating is available on request.
1.10 Colour matching over different phases cannot be guaranteed.
1.11 Delivery is based on the Company’s scheduled delivery arrangements only.
Please check when placing order. Additional deliveries will incur additional costs.
Items 1.4 and 1.6 do not apply to fully fabricated jobs which are supplied as stated
Windows and Doors
2.1 All Casement windows are quoted with Standard Outer Frame, Standard Sash profile and espagnolette gearing, unless otherwise noted.
2.2 Rebate Doors are quoted as Open Out Glazed In or Open In Glazed In unless otherwise noted.
2.3 Rebate Door Kits are supplied Made to Measure (if supplied un fabricated).
Glazing
3.1 All glazing thickness for Windows, Doors and Curtain Wall to be as stated.
Excluded Items
4.1 This price does not include for any cutting/fabrication.
4.2 Other items not included are: trickle vents/permavents flashings/pressings, adhesive/mastic, glass/glazing, panels/sheets, fitting or any automatic/manual remote gear that may be required.
Items 4.1 and 4.2 do not apply to fully fabricated jobs which are supplied as stated.
Optimisation and Waste
5.1 All quantities are computer optimised (based on total optimisation method) and assumed to be part of a single order/cutting list and supplied together as one delivery, not allowing for human error in cutting, fabrication or site survey conditions.
5.2 No wastage factor has been included to Profiles, Gaskets, Woolpile and Accessories. The Company recommends the fabricator includes a minimum 5% when placing orders.
Items 5.1 and 5.2 do not apply to fully fabricated jobs which are supplied as stated.
Other
6.1 The Company accepts no responsibility for errors in quotations/cutting lists/glass
sizes supplied. The Customer uses these at their own risk. All details are to be checked by the Customer for accuracy and used as a guide to their own requirements, regardless of any information supplied prior to this quotation
6.2 A payment of 50% is required for all fabricated orders upon placing order and balance on delivery or collection
