Terms & Conditions
“UKDR” means UK Dry Risers Limited
“You”, “Your(s)” or “Yourself” means you the Customer named overleaf.
“the Contract" means the Quotation (if any), these conditions and the Purchase Order accepted by UKDR in writing;
“deal as a consumer” means You neither make the contract in the course of a business nor hold yourself out as doing so and the Products are for Your private use;
“the Purchase Order” means the order placed by You with UKDR for the products;
“Products” means the goods supplied by UKDR described in the Purchase Order;
“Quotation” means UKDR written statement of prices for the Products and, if applicable, the services described in it;
"the Services" means installation works associated with the supply of the Products and or service works;
“Total Contract Price” means the amount payable (excluding VAT) under the Contract for the Products and, if applicable, the Services.
ORDER OF PRECEDENCE
These conditions shall govern the terms upon which UKDR shall supply the Products and, if applicable, the Services, so that any conditions contained in or referred to on the Purchase Order shall not bind UKDR unless it expressly agrees in writing to vary these conditions.
PRICE AND PAYMENT
Payment of the Total Contract Price (plus VAT) is to be made against UKDR prior to release of goods unless prior agreement has been made. Invoices are raised upon completion of checkout and payment should be made against this invoice. If delivery is by installments, UKDR shall have the right to decline to make further deliveries until all arrears have been settled if applicable. Please note that all invoices not settled within our payment terms will be referred to our Debt Recovery Agents, Final Demand Ltd and will be subject to a surcharge of 15% plus VAT in lieu of our recovery charges.
DELIVERY AND RISK
Unless otherwise specified delivery shall be deemed to take place when the Products are delivered to your premises, or other specified delivery point in the UK when risk in the Products passes to You. A charge may be made for delivery. All dates specified to you for delivery are estimates only and although UKDR will make every effort to meet such dates, it does not accept responsibility for any delay. In such cases UKDR will supply the Products and, if applicable, carry out the Services as soon as reasonably possible. Please note that UKDR requires access to Your premises in order to carry out the Services.
RETURNED GOODS / REFUNDS
Please check carefully all products ordered are the correct size and dimensions prior to placing the order. Should any part be unsuitable please note that a re-stocking charge will be deducted from all credits. Carriage for return of non-faulty goods is at the customer’s expense and refunds will not be made prior to receipt and acceptable inspection of such goods. Refunds will be made in the form of cheque payment only.
The Products remain UKDR property, until payment is received in full. If You do not pay any sum, which is due and payable to UKDR, UKDR shall have the right to recover all or any of the Products by requiring You to make them available for UKDR removal/collection. If you fail to do so then You shall permit UKDR to enter upon Your premises where they are reasonably thought to be stored/fixed and repossess them.
THIS WARRANTY IS IN ADDITION TO AND DOES NOT AFFECT YOUR STATUTORY RIGHTS IF YOU DEAL AS A CONSUMER.
6.1 All UKDR Products are guaranteed for a period of twelve (12) months from the date of delivery against defects, materials or workmanship. If there are any such defects then UKDR shall, at its option and expense, repair the defective Products free of charge provided that the Products have not become defective for any other reason, such as accidental damage or a failure to use or install them in accordance with UKDR instructions.
LIABILITY OF UK DRY RISERS
UKDR Products are manufactured under strict quality control standards and are designed to withstand deterioration and, provided You operate, use, maintain and store them in accordance with UKDR instructions on them and / or supplied with them. Please note that UKDR does not accept any responsibility for the consequences of Your failure to follow UKDR instructions or for those matters over which UKDR has no control. Therefore, UKDR strongly recommends that You insure against all loss or damage, which You could suffer as a result of any failure of the products to operate
7.1 except where You deal as a consumer, (in which case You have the right to rely on the statutory warranties set out in condition 7.3 below), the warranty given in condition 7 specifies UKDR entire liability, including liability for negligence, for loss or damage to property, death or personal injury.
7.2 UKDR accepts liability: -
7.2.1 for death or personal injury resulting from UKDR negligence; and 7.2.2 for loss resulting from UKDR selling the Products when it has no legal right to sell them; and
7.2.3 up to the amount calculated under condition 7.5 below for direct physical damage to or loss of property resulting from UKDR negligence of UKDR failure to use reasonable skill and care in the provision of the Services. 7.3 Where You deal as a consumer UKDR accepts liability for breach of any condition or warranty implied by statute as to correspondence of the Products with description or sample, the Products being satisfactory quality and/or being fit for a particular purpose made known to UKDR and which it acknowledges in writing and for the direct consequence of UKDR failure to carry out its obligations under the Contract adequately or at all.
7.4 Except as provided in condition 7.2 and, if applicable, condition 7.3 above, UKDR shall not be liable to You for loss, damage or injury (including liability for negligence) arising out of the supply of the Products or the Services and in particular UKDR does not accept any liability for any consequential or indirect loss, such as loss of profits, or business or contracts.
7.5 Under no circumstances (except as provided in 7.2.1 and 7.2.2 and 7.3 above) whatever the basis of any claim against UKDR will UKDR liability for anyone claim or the total of all claims arising from one act or negligence, exceed in the aggregate: -
7.5.1 where the Total Contract Price is £100,000 or less, the sum of £100,000; or
7.5.2 where the Total Contract Price exceeds £100,000, the sum of £100,000 plus fifty percent of the difference between £100,000 and the Total Contract Price.
EVENTS BEYOND REASONABLE CONTROL
UKDR shall make every effort to comply with its obligations under the terms of the Contract but UKDR cannot be held responsible for events, which are beyond its reasonable control. If UKDR is unable to perform its obligations under the Contract by reason of any such event, then UKDR shall give You notice in writing of the circumstances giving rise to it, and after a period of three (3) months either of us shall have the right to terminate the Contract by giving notice in writing to the other without any liability except for sums accrued under the Contract.
9.1 If either of us shall be in breach of our obligation under the Contract then the other may by seven (7) days notice in writing terminate this Contract.
9.2 UKDR shall be entitled to terminate the Contract immediately without notice if you shall enter into liquidation, receivership, administration receivership or You make any arrangement or composition with creditors, or if You are an individual, any petition or receiving order in bankruptcy shall be presented or made against You.
9.3 If either of us shall terminate the Contract in accordance with its terms then such termination shall be without prejudice to our respective accrued rights and obligations.
AMENDMENTS OR CANCELLATIONS
The Contract may be amended or cancelled by You in accordance with the provisions set out in these conditions or, with UKDR written approval, amended or cancelled upon terms which indemnify UKDR against losses including loss of profit or additional costs incurred as a result.
The Contract is personal to You and You may not assign it or otherwise transfer it without UKDR written consent
The Contract and any product literature UKDR provides relating to the Products or the Services are intended to form the whole agreement
ENFORCING UK DRY RISERS LIMITED RIGHTS
If UKDR fails to enforce any of its rights under the Contract it may enforce that right in the future, and any other rights
in the Contract it chooses to enforce.
GOVERNING LAW This Contract shall be governed by the laws of England. The English Courts will deal with any disputes.
If UKDR cannot rely upon any part of these conditions because the Courts will not enforce them then the invalid words or provisions shall be removed and the
remainder of these conditions will still be valid and enforceable.