Guarantee & terms of sale
1 – DEFINITION:
Terms – means the Terms and Conditions set out in this document
Supplier/We/Us/Our/Alucorb – means Alucorb Limited (company registration number 10199550) of Unit 5, Milton Court Horsfield Way, Bredbury Park Industrial Estate, Bredbury, Stockport, Cheshire, United Kingdom, SK6 2TD.
Customer/You/Your – means the person, firm, company or legal entity who places the Order and who will be deemed to be our Customer purchasing the Product/s from Alucorb Ltd.
Services – Supply and collection or supply and delivery of aluminium gates and associated products by Alucorb Ltd.
Product – means the aluminium gates, fences, pedestrian gates (and ancillary equipment) that we are providing to you as set out in the Order.
Order – means your order for the Product/s and to which these Terms apply.
ARC – means a production drawing/s, with full dimensions and specifications required for manufacture.
Contract – means our Contract with you for your purchase of the Product/s incorporating the Order and these Terms and Conditions.
Deposit Payment – means a payment equal to 50% of the Price, as set out in the Payment section of these Terms.
Balance Payment – means the payment of the balance of the Price, as set out in the Payment section of these Terms.
Completion – means signed delivery or collection of the Product before any agreed remedials.
Force Majeure Event – means an event, circumstance or cause beyond a party’s reasonable control.
2 – CONTRACT:
2.1 These conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by law, trade custom, practise or course of dealing.
2.2 Please ensure that you read these Terms carefully, and check that the details on the Order and these Terms are complete and accurate, before you submit the Order for processing. If you think that there is a mistake or require any change to your Order, please contact us to discuss. We will confirm any changes in writing to avoid any confusion between you and us.
2.3 The pictures and images on our website and in our catalogues or brochures are for illustrative purposes only. Although we will make every effort, we cannot guarantee that the printed picture will accurately reflect the final product and colour and may vary slightly from those images. In any event your final product will be based on the ARC drawings, as set out further below in clause 3.2.
2.4 The risk of the order/goods shall pass to the Customer on Completion.
2.5 The title to the order / goods shall not pass to the Customer until payment for the order has been paid in full.
3 – ORDER PROCESS:
3.1 Once you have sent an enquiry, if we have insufficient information, we will contact you to discuss your exact requirements.
3.2 A quotation including customer visuals (where possible), will be emailed to you normally same day or the next working day whenever possible. If amendments to an original quotation are required, revised quotations including customer visuals (where possible), will be emailed to you detailing your amended requirements, normally within a similar timeframe.
3.3 Once you have reviewed the quotation, Alucorb Ltd. will prepare the order by contacting you to finally check through requesting you to confirm the Order (generally by signing or acknowledging its approval in some other form.
3.4 By giving confirmation of the Order (whether verbal, written or otherwise), you confirm your acceptance of the Alucorb Order and you will become bound by these Terms and the Contract becomes effective and legally-binding.
3.5 Once you have paid the Deposit an ARC drawing will be sent over to you, normally within 3-4 working days for you to check, approve or send back to us for any amendments.
3.6 The Deposit is payable upon your confirmation of the order. Except in the circumstances described in clauses 3.8 and 6.5, the Deposit payment is non-refundable.
3.7 Once the order has been placed and the ARC drawing has finally been approved for production via email and not verbally, we will provide an estimated shipping date from our supplier (currently HorizAL in France) to Alucorb Ltd, where we will hold your order until a confirmed delivery date is arranged.
3.8 When the ARC Drawing has finally been approved for production via email and not verbally, you cannot cancel the Order under any circumstances.
3.9 Variations to Order that increase the costs will be added to the Balance Payment and are to be paid in full prior to delivery or collection.
3.10 Lead times fluctuate throughout the year and shipping dates are an estimate only as shipping may be affected by a variety of factors so cannot be guaranteed. We will take reasonable steps to meet the estimated shipping date and we will let you know if we become aware of any unexpected delay.
4 – PRICING:
4.1 Prices quoted are ex-works. Delivery will be charged extra unless otherwise stated.
4.2 Prices and discounts shown in any price list are subject to alteration without notice and any new list cancels all previous lists.
4.3 Prices quoted and prices shown in the price lists are exclusive of VAT unless otherwise stated.
4.4 All quotations are based on current prices. The price under any contract, whether concluded on the basis of a quotation or otherwise, will be calculated according to the Company’s price ruling at the date of delivery. The carriage charges displayed are for delivery to UK Mainland addresses only. Customers requiring delivery to other parts of the UK and Eire may telephone us to determine the carriage charge for their address, and to place their order.
4.5 All prices are in GBP. We only accept payment in GBP.
5 – MEASUREMENTS, WEIGHTS, AND COLOUR FINISH:
5.1 Alucorb shall not be liable for any losses (for example, changes or replacement of the item, cost of delivery) incurred as a result of your failure to give completely accurate specifications.
5.2 Specifications of weight are approximate only.
5.3 Alucorb shall not be liable for colour finishes of the Product/s to be accurate, unless chosen by your firm, company or legal entity who places the Order, from our Supplier’s swatches only.
5.4 Due to varying sheen / gloss levels we cannot guarantee an accurate colour match to other household features such as garage doors, front doors, window frames & all associated products, even when chosen in the same RAL colour.
5.5 Any Order specifying colour finishes by any other way or choice, whether from printed supplier brochures, colour swatch charts or online options cannot be relied on as being accurate due to printing and screen settings.
6 – PAYMENT:
6.1 All accounts: All Orders will require a minimum 50% Deposit paid on Order, and the Balance Payment (including transport and additional costs where applicable) to be paid when the Product/s is ready for delivery or collection and will only be released for delivery or collection, once the Balance Payment and all other costs, charges and expenses have been paid for in full.
6.2 Balancing Payments extras and additional charges and transportation costs must be paid 48 hours prior to the date of delivery of the Order to you. Products will not be delivered until payment is made in full and in cleared funds to our account. Failure to make such payments may result in cancelling your delivery and rearranging for a later date.
6.3 An Order is confirmed on receipt of the correct deposit payment which is confirmation of full design and specification.
6.4 Once an Order has been confirmed, approved in writing for production and order manufacture has started, payments will not be refunded.
6.5 All products are manufactured to order. All Products are personalised and made to measure for each order. As such they are not covered by Distance Selling Regulations.
7 – DELIVERY / COLLECTION:
7.1 The delivery date is not guaranteed and is only an estimate. Time is not an essence of this Contract.
7.2 Alucorb will not be liable for any loss or damage suffered by you through any reasonable delay or delay due to unforeseen circumstances outside of the reasonable control of Alucorb or any reasonable rescheduling of delivery.
7.3 Alucorb is responsible for arranging carriage and for delivering the product/goods, or collection from our site address if this is a required option.
7.4 When handling our products, they must not be rested on any frame-work corners but laid flat, as this will ensure that the weight is evenly distributed. Failure to do so may cause damage to the products/goods which Alucorb will not take responsibility for.
7.5 We require at least 3 people to be at the delivery address to carry out the unloading with our driver and to check the Products to sign the delivery sheet. If we cannot offload safely due to insufficient personnel, the delivery may be cancelled, a new date arranged and another cost to re-deliver will be incurred.
7.6 Everything must be unpackaged and checked by you or your customer immediately when accepting the delivery and before signing the delivery note.
7.7 You must examine the products/goods on delivery. If there is any defect/s in the Product/s which would be apparent upon inspection and is not reported to us prior to our delivery driver leaving delivery site, Alucorb shall not be liable nor take any further responsibility for.
7.8 Any damage concerns towards the quality of our Products should be photographed and brought to the attention of Alucorb immediately, for a full investigation to take place.
7.9 If a delivery is signed for as “unchecked” without following the above procedure and any damage concerns towards the quality of the Product/s are found afterwards, Alucorb will not accept any responsibility.
8 – LIABILITY:
8.1 Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.
8.2 Save as aforesaid and save as herein expressly set out the Product/s are not supplied with, or subject to, any condition, guarantee or other term whether express or implied unless specifically stated by the Company in writing.
8.3 The Company’s liability (in contract or otherwise) to the Customer arising under, or out of, or in connection with this Contract or the Product/s, shall not exceed the cost to the Customer of replacing or repairing the Products of which complaint is made.
8.4 The Company accepts no liability for any consequential loss or damage (whether for loss of profit or otherwise) costs, expenses or other claims for consequential compensation whatsoever.
8.5 Alucorb shall not be under any liability for any cost or expense incurred by the Customer in repairing or replacing Products unless Alucorb is first afforded a reasonable opportunity of replacing or repairing them provided that the Customer shall be entitled to effect repairs or replacement before affording such an opportunity as may be reasonably necessary to prevent any further loss or damage to Customer.
9 – FORCE MAJEURE:
9.1 Neither party shall be in breach of the Contract nor liable for delay in performing, or failure to perform, any of its obligations under the Contract if such delay or failure result from a Force Majeure Event.
9.2 In such circumstances the time for performance shall be extended by a period equivalent to the period during which performance of the obligation has been delayed or failed to be performed. If the period of delay or non-performance continues for 3 months, either party may terminate the Contract by giving 7 days’ written notice to the other party.
9.3 If this Contract is terminated pursuant to condition 9.2, the Deposit shall be repaid to the customer within 28 days.
10 – CONSUMER SALES:
10.1 Where a customer deals as a consumer as defined by Section 12 of the Sale of Goods Act 1977, Products are supplied with the benefit where the same are applicable of the conditions and warranties implied by sections 12-15 inclusive of the Sale of Goods Act 1979.
11 – LIMITATION:
11.1 No representative of Alucorb, other than a director has any authority to agree any other or additional terms or conditions or to vary or waive any of the terms or conditions herein set out and then only if this is done in writing.
12 – GOVERNING LAW:
12 These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts.
13 – GUARANTEE CONDITIONS:
13.1 The Products come with a manufacturer’s guarantee which is conditional upon compliance in full with this condition 13 and the maintenance requirements under condition 15.
13.2 This guarantee is only applicable if the proper conditions of maintenance as recommended in these Terms and Conditions have been complied with in full. The guarantee is subject to acceptance by the manufacturer under condition 13.8 and all the exclusions in condition 14.
13.3 A valid guarantee form must be completed and returned to us following completion of installation and this will be included with our delivery / collection note. Failure to do so invalidates all conditions of the guarantee.
13.4 All goods to be installed by a qualified and competent installer.
13.5 The proper performance of mechanical parts is guaranteed for 10 years.
13.6 The following cast aluminium accessories: hinges, plates, pivots, guides and opening stoppers are guaranteed for 10 years against any manufacturing defect. All other parts (locks, electric strikes, other usable parts, etc.), as well as automated parts are guaranteed for 2 years.
13.7 The powder coating includes guarantee for 25 years against blistering, flaking, peeling and corrosion.
13.8 In coastal areas, this 25 year guarantee (condition 13.7) is reduced to 5 years for those products installed less than 500 metres from the coastline.
13.9 In coastal areas, this 25 year guarantee (condition 13.7) is excluded for all Products installed less than 50 metres from a coastline.
13.10 Alucorb and our supplier do not accept any responsibility for additional work to replace the components or accept claims for consequential expenditure or loss.
13.11 The manufacturer’s guarantee is subject to the manufacturer accepting liability for the defect claimed for by the Customer.
14 – GUARANTEE EXCLUSIONS:
14.1 Exclusions – The following exclusions apply to the aluminium gates and fencing & the coated finish:
1) Any damage caused by abrasive cleaning products. In no circumstance should any abrasive cleaner or polish, or any cleaner containing ketones be used.
2) Damage or defects caused by non-compliance of our maintenance guidelines.
3) The effects of natural ageing such as: tarnishing, colour loss, chalking, etc. are not covered by the guarantee.
14.2 Over time with exposure to the elements, powder coatings may show signs of weathering such as loss of gloss, chalking and slight colour change. A simple regular clean will minimise the effects of weathering and will remove dirt, grime and other build-up detrimental to all powder coatings.
14.3 Normal wear or tear and aging.
14.4 Alucorb exclude all guarantees in respect of Products which are damaged or have defects attributable to improper installation and handling.
15 – MAINTENANCE:
15.1 The recommended method of cleaning of our Products is by regular washing of the coating using a solution of warm water and non-abrasive, pH neutral detergent solution (between PH 5-8). Surfaces should be thoroughly rinsed after cleaning to remove all residues. All surfaces should be cleaned using a soft cloth or sponge or nothing harsher than a soft natural bristle brush.
15.2 Cleaning should start at the time the Products are installed, ensuring that construction materials such as concrete, plaster and pain splashes are removed before they have a chance to dry. Failure to remove these materials at this early stage will require the use of aggressive cleaning materials and techniques with potential damage to the powder coated surface.
15.3 Any Water Drainage Holes must be left unblocked.
15.4 Gates located near to coastlines will also require more regular cleaning procedures.
15.5 Marine Areas – All Products to be cleaned at regular intervals, a minimum of 4 times a year to comply with the terms and conditions in full, as stated under clause 13.
15.6 Urban Areas – All Products to be cleaned at regular intervals, a minimum of 3 times a year to comply with the terms and conditions in full, as stated under clause 13.
15.7 Rural or Low-Density Areas – All Products to be cleaned at regular intervals, a minimum of 2 times a year to comply with the terms and conditions in full, as stated under clause 13.
15.8 Sheltered areas can be more at risk of coating degradation than exposed areas. This is because wind-blown salt and other pollutants may adhere to the surface and will not be cleaned away with rainfall. These areas should be inspected and cleaned if necessary. on a more regular basis.
15.9 Monthly inspections to be carried out by the homeowner and any defects reported immediately.
15.10 The Products are to be regularly serviced by a competent installer every 6 months and a service sheet completed and kept on record.
15.11 Hinges are to be greased upon installation and a minimum of every 6 months thereafter.