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.
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.
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.
(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.
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.
FABRICATED PRODUCTS TERMS AND CONDITIONS
Under these conditions, the Company shall mean “Profile Systems” agree to supply you (the customer) with the goods shown in the schedule
1.1 – The information contained on this website is for general guidance only. The company makes every effort to ensure that the information and advice on this website is accurate, however it is not comprehensive. Accordingly, the information and advice offered on this website should not be relied upon, and expert advice should be sought from an appropriate professional. The company reserves the right to change or update any website content, prices or products at any time without prior notice. Imagery used on the website is for illustrative purposes only. The colour and appearance of actual products may differ from those items shown on this website. All images, descriptive matter, specifications and advertising on the site are for the sole purpose of giving an approximate description of the goods. Full detailed specifications are available from the company. All information on the website should be as accurate and up to date as possible. However, the company cannot guarantee the reliability or the accuracy of the information contained within its pages. All the actions taken by the user of the website are the responsibility of the individual.
2.1 – In the event a product is listed at an incorrect price due to typographical error or error in pricing information, the company shall have the right to refuse or cancel any orders listed at the incorrect price whether or not the order has been confirmed.
2.2 – All products are subject to availability and may be withdrawn at any time. If the company does not supply the goods for any reason it will not charge for this and we will refund any money already paid. However it will not be responsible for compensating for any other losses the customer may suffer.
3.1 – The Company accepts all major credit and debit cards.
3.2 – The customer must provide the company with the exact billing address and a contact phone number being the address and phone number your credit/debit cards bank has on file for you. Incorrect information will cause a delay in processing the customer’s order. The customer’s order will only be processed once authorisation of your card has been properly received.
4.1 All dimensions are to be supplied in metric and all designs are viewed as from OUTSIDE.
4.2 – Upon receipt of your order and payment, confirmation will be emailed. At this stage you can make any amendments to your order if needed within 24 hours as the production process will start after this time and any amendment requests after this time will incur a charge to cover reasonable costs involved. Changes after this time will incur € 50 charge for Premiline patio and € 100 charge for Premidoors. Lead times will be affected by at least 1 week and will be reflected in your amended order confirmation.
5- Cancellations & Refunds
5.1 – Each and every product supplied by the company is custom made and therefore non-returnable or refundable if you change your mind.
5.2 – Lead times will be confirmed on receipt of deposit for orders exceeding € 1000 or in the case of amounts less than € 1000, full payment in advance is required.
5.3 – The Company reserves the right to cancel any order without prior notice and will contact the customer to tell them of the cancellation within 10 days of receiving the order.
5.4 – If the company cancels the contract it will refund the amount in full and any other payments made under the contract and will have no further liability to the customer.
6.1 -The price of our patios/ lift & slides does not include delivery. Delivery can be arranged and will be chargeable to the customer.
6.2 – site delivery will be considered on a case by case basis. They may incur additional cost implications to delivery charge. Profile Systems must be advised at time of placing order as it is subject to agreement with Profile Systems.
6.3 – Any time or date specified by the company as the time at which or date on which goods will be delivered is given in good faith but is given and intended as a provision only and the company shall not be liable for any loss, damage or expense arising from delay in delivery and/or installation.
6.4 – The company generally offers a 10-40 working day lead-time and will do all it reasonably can to meet the delivery period advised to you. In the case of unforeseen circumstances beyond the company’s reasonable controls such as weather, traffic or machinery and vehicle breakdown, it shall contact you and agree an alternative date. The company will do it’s best to meet the outlined delivery schedule but shall not be responsible for any failure to deliver ordered products within these stated time frames.
6.5 – Delivery vehicles come with only one man, therefore should help be required in lifting it is the customers responsibility to ensure a suitably able person is on site to assist the driver in unloading. Should we not be able to deliver for this reason the company reserves the right to apply a re-delivery charge. Fabricated items are either shipped on steel L frames or A frames which are to be un-loaded by the customer at their premises. On the occasion when the driver leaves the frame (s) they are required to be unloaded and made available within one week. Failure to do so/if frames get damaged lost or stolen could result in a cost of up to € 1,000 to the customer
6.6 – Should the customer wish to change their delivery date for any reason we require no less than 48 hours written notice. Should we not be given notice and the delivery fails the company reserves the right to apply a re-delivery charge.
7- Damage on Delivery
7.1 – The customer should to be present at time of delivery and is responsible for unwrapping and checking the products before a signature is given and must ask the delivery contractor to wait while it’s checked.
7.2 – If there is damage present it should be signed for as “Damaged”. The company will remake any damaged parts and re-deliver. Any damages reported after a signature will not be accepted, and re-makes will be chargeable. The delivery contractor will not take away packaging material but will take away damaged goods.
8.1 – It’s the customers responsibility to sign for the correct number of items as shown on the delivery consignment note.
8.2 – Any shortages must be notified to the driver and noted on the consignment note before a signature is given. Any shortages reported that were not noted at time of signature will not be accepted, and re-makes will be chargeable.
9- Incorrect Goods
9.1 – It’s the customer’s responsibility to notify the company of any incorrect goods supplied within the reasonable time of 48 hours of delivery.
9.2 – Any wrongly supplied goods that are notified after this time may incur a charge to rectify.
10.1 – Risk in the goods sold passes to the customer on delivery.
10.2 – The recipient of the goods is responsible for any additional lifting once the initial delivery has been made.
10.3 – The Company strongly recommends that the customer dose not book in builders until the order has been received and checked.
11- Delivery Without Signature – is not permitted
11.1 – The company strongly recommends someone is present to sign for the goods. However the goods can be left with permission from the customer. This will need to be given via email.
11.2 – In the event that the goods are not signed for (whether due to the premises nominated by the customer, the unavailability of an authorised representative of the customer or otherwise), the customer acknowledges and accepts that the company shall have no liability to the customer (whether in contract tort, negligence or otherwise and howsoever arising) for any loss of or damage to such goods and/or any costs, damages, losses or claims arising out of or in connection with its election to have the goods delivered to such premises or the unavailability (or otherwise) of an authorised representative of the customer to sign for the goods.
12- Failed deliveries:
12.1 – Should know-one be available to sign for delivery your order will be returned to Profile Systems and we reserve the right to apply a re-delivery charge.
13- Hardware Position
13.1 – As a rule the company will fit hardware in a standard position, for example letterboxes centrally or in-line with the handle. If the customer would like any hardware fitted to a non-standard position it must be stated in the additional notes at time of order. Please contact the company for further advise.
14 – Profiles
14.1 – The company uses Profine & Sapa profile by default for all standard and Secured by Design patio doors
14.2 – Please note full details of all profiles can be found at www.profilesystems.ie
15.1 – The company use multiple suppliers and will honour its brochure and specification where shown, however some parts may not be identical for example: handles, locks, etc.
16- Building Regulations
16.1 – The company cannot not accept responsibility for goods being installed to a property that does not meet building regulation. It is the customers’ responsibility to find out what specification of door or window is required for the property.
17- Customer Installations
17.1 – All doors are checked before they leave the factory however, please recheck your goods to ensure they are the correct size and style, and operate easily. Please refer to installation instruction; For further information, please contact your Sales Representative.
17.2 – If you are unhappy with any part of an item supplied do not begin the installation and instead report it to us.
17.3 – We cannot accept return of goods that are damaged after delivery where this is due to the negligence of the customer, the customer’s installation contractor or other third party. We recommend that a competent or qualified person carries out the installation of goods supplied. It is well recognised that over 90% of remedial work is due to incorrect installation.
17.4 – If a service call is requested this will require an upfront payment of €250 + VAT. The full amount will be refunded should the frame be installed correctly.
17.5 – Always check the size of your new framework against your old frame before removing old frame.
17.6 – It is your responsibility to choose the appropriate product based upon the information contained on our web site. If you are in any doubt as to which product to order then contact us. Weather testing/Wind loading reports are available on our web-site.
17.7 – A product cannot be returned when it is subsequently found to be unsuitable for any reason, such as (but not limited to): the dimensions of the product are too large or too small to fit in the intended position, or is in poor working order due to improper handling.
17.8 – If the customer finds the goods not to be satisfactory, we will need photographic evidence which should be sent to us. If after examination a fault is found, we will replace free of charge, however if it looks to be in poor working order due to improper handling we may require further investigation and the customer must cover any costs in returning the goods.
17.9 – – If we find the goods to be in good condition we will consider the case closed. However if you are unsatisfied you can request a replacement. The company works on a strictly “credit on return” basis. For example: In order for a replacement part to be released the faulty part must be returned at the customers expense.
17.10 – If the part needs to be supplied prior to the return then the customer must pay in full for the new part. When the part has been inspected and if found to be faulty you will then be credited in full for your expense. However if after examination the part is found to be satisfactory it can be sent back to the customer at their expense and no refund we be given.
Tel: 045 980 000
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”
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).
3.1 All glazing thickness for Windows, Doors and Curtain Wall to be as stated.
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.
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