DAINTON GROUP SERVICES LTD.
TERMS AND CONDITIONS
RELATING TO SALES
The Customer’s attention is drawn in particular to clause 9
1 Definition of terms:
1.1 In these Conditions: “Company” means Dainton Group Services Ltd Company Registration Number: 01519778 whose registered office is at Dainton Business Park, Heathfield, Newton Abbot, Devon, TQ12 6RG.
“Calendar Days” means any day of the year;
“Conditions” means the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Customer and the Company;
“Contract” means the contract for the purchase and sale of the Goods including the Order Acknowledgement Form and these Conditions;
“Customer” means the person who accepts a quotation of the Company for the sale of the Goods or whose order for the Goods is accepted by the Company;
“Force Majeure Event” means an event as defined in clause 9.10;
“Goods” means any units containers materials equipment plant or services (including any installment of the same or any parts for them) which the Company is to supply in accordance with these Conditions;
‘Order Acknowledgement Form’ means the order acknowledgement form sent to the Customer from the Company detailing the terms and conditions of the sale of the Goods; and
“Writing” includes email telex cable facsimile transmission and comparable means of communication.
1.2 Any reference in these Conditions to any provision of a statute shall be construed as reference to that provision as amended re-enacted or extended at the relevant time.
1.3 The headings in these Conditions are for convenience only and shall not affect their interpretation.
2 Basis of the sale and information about the Company
2.1 The Company shall sell the Goods as sold as seen (unless otherwise stated) and the Customer shall purchase the Goods in accordance with any written quotation of the Company which is accepted by the Customer or any written order of the Customer which is accepted by the Company subject in either case to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of business
2.2 No variation to these Conditions shall be binding unless agreed in writing between the authorised representatives of the Customer and the Company.
2.3 The Company’s employees or agents are not authorised to make any representations concerning the Goods unless confirmed by the Company in writing. In entering into the Contract, the Customer acknowledges that it does not rely on and waives any claim for breach of any such representations which are not so confirmed.
2.4 Any advice or recommendation given by the Company or its employees or agents to the Customer or its employees or agents as to the application or use of the Goods which is not confirmed in writing by the Company is followed or acted upon entirely at the Customer’s own risk and accordingly the Company shall not be liable for any such advice or recommendation which is not so confirmed.
2.5 Any typographical clerical or other error or omission in any sales literature quotation price list acceptance or offer invoice or other document or information issued by the Company shall be subject to correction without any liability on the part of the Company. This includes the website.
2.6 Our company details are Dainton Group Services Ltd Company Registration Number: 01519778 whose registered office and trading address is at Dainton Business Park, Heathfield, Newton Abbot, Devon, TQ12 6RG.
2.7 Our VAT number is 320955174.
3 Orders and specifications
3.1 No order submitted by the Customer shall be deemed to be accepted by the Company unless and until confirmed in writing by the Company’s authorised representative issuing an Order Acknowledgement Form.
3.2 Acceptance of an order is subject to the receipt of satisfactory references.
3.3 The Customer shall be responsible to the Company for ensuring the accuracy of the terms of any order (including any applicable specification) submitted by the Customer and for giving the Company any necessary information relating to the Goods within a sufficient time to enable the Company to perform the Contract in accordance with its terms.
3.4 The quantity, quality and description of and any specification for the Goods shall be those set out in the Company’s Order Acknowledgement Form.
3.5 Any descriptive matter specifications drawings particulars dimensions and advertising matter submitted in connection with the Company’s quotations and brochures are approximate only. All drawings calculations and descriptive matter furnished by the Company to the Customer in connection with quotations remain the property of the Company and must not be copied and/or shown to any third party without the Company’s consent in writing.
3.6 If the Goods are to be manufactured or any process to be applied to the Goods by the Company in accordance with a specification submitted by the Customer, then the Customer shall indemnify the Company against all liabilities, loss, damages, costs, and expenses awarded against or incurred by the Company in connection with or paid or agreed to be paid by the Company in settlement of the intellectual property rights of any other person which results from the Company’s use of the Customer’s specification.
3.7 The Company reserves the right to make any changes in the specification of the Goods which are required to conform with any applicable safety or other statutory requirements or where the Goods are to be supplied to the Company’s specification which do not materially affect their quality or performance or when the components or materials stipulated are not readily available.
3.8 The Company shall ensure that the following information is given or made available to you prior to the formation of the Contract, save for where such information is already apparent from the context of the transaction:
3.8.1 The main characteristics of the Goods;
3.8.2 Our identity and contact details;
3.8.3 The total Price for the Goods including taxes or, if the nature of the Goods is such that the Price cannot be calculated in advance, the manner in which it will be calculated;
3.8.4 Where applicable, all additional delivery charges or, where such charges cannot be calculated in advance, the manner in which they will be calculated;
3.8.5 Where applicable, the arrangements for payment, delivery and the time by which the Company undertakes to deliver the Goods;
3.8.6 The Company’s complaints handling policy; and
3.8.7 The Company shall ensure that the Customer is aware of its legal duty to supply goods that are in conformity with the Contract.
3.9 In the following limited circumstances the Customer may cancel the Contract at any time before the date of delivery subject to the following:
3.9.1 For ‘Special Order’ Contracts (manufactured to the customers specification) cancellation will be at the discretion of the manufacturer once the item has been shipped. If approved by the manufacturer, where Goods are cancelled more than 8 weeks before the day of delivery, there will be no charge and the Deposit will be refunded in full. However, the Customer may still be liable for transport costs.
3.9.2 Cancellation of any Goods not held in stock on the Company’s premises at the time of placing the order will incur a cancellation fee of up to 50%. However, the Customer may still be liable for transport costs.
The Company may, at its sole discretion, reduce or waive any of the charges detailed above if the cancellation is due to exceptional circumstances.
4 Price of the goods
4.1 The price of the Goods shall be the Company’s quoted price or where no price has been quoted (or a quoted price is no longer valid) the price listed in the Company’s published price list current at the date of acceptance of the order. All prices quoted exclusive of VAT, are valid for 7 days only or until earlier acceptance by the Customer after which time they may be altered by the Company without giving notice to the Customer
4.2 The Company reserves the right by giving notice to the Customer at any time before delivery to increase the price of the Goods to reflect any increase in the cost to the Company which is due to any factor beyond the control of the Company (such as without limitation any foreign exchange fluctuation currency regulation insurance overhead charges alteration of duties significant increase in the costs of labor materials or other costs of manufacture) any change in delivery dates quantities or specifications for the Goods which is requested by the Customer or any delay caused by any act omission or instructions of the Customer or failure of the Customer to give the Company adequate information or instructions.
4.3 Except as otherwise stated under the terms of any quotation or in any price list of the Company and unless otherwise agreed in writing between the Customer and the Company all prices are given by the Company on an ex-works basis (which means that the Company shall make the Goods available, suitably packaged, at the specified place set out in the Order Acknowledgement Form. The Customer is responsible for loading the Goods onto a vehicle for all export procedures; for onward transport and for all costs arising after collection of the Goods) and where the Company agrees to deliver the Goods otherwise than at the Company’s premises the Customer shall be liable to pay the Company’s charges for transport packaging installation and insurance.
5 Terms of payment
5.1 Subject to any special terms agreed in writing between the Customer and the Company, the Company shall be entitled to invoice the Customer and receive payment/cleared funds plus VAT if applicable, from the Customer for the price of the Goods prior to delivery of the Goods unless the Goods are to be collected by the Customer or the Customer wrongfully fails to take delivery of the Goods in which event the Company shall be entitled to invoice the Customer for the price at any time after the Company has notified the Customer that the Goods are ready for collection or (as the case may be) the Company has tendered delivery of the Goods.
5.2 The Customer shall pay the price of the Goods in advance of receipt of the Goods, the Company’s invoice or the issue of interim valuations notwithstanding that delivery may not have taken place and the property in the Goods has not passed to the Customer. The time of payment of the price shall be of the essence of the Contract. Receipts for payment will be issued only upon request.
5.3 If the Customer fails to make any payment on the due date then without prejudice to any other right or remedy available to the Company the Company shall be entitled to:
5.3.1 Cancel the Contract or suspend any current and further deliveries to the Customer
5.3.2 Appropriate any payment made by the Customer to such of the Goods (or the goods supplied under any other contract between the Customer and the Company) as the Company may think fit (notwithstanding any purported appropriation by the Customer) and
5.3.3 charge the Customer interest (both before and after any judgment) on the amount unpaid at the rate of 8 per cent per annum above Barclays Bank base rate from time to time until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest)
6.1 Delivery of the Goods shall be made by the Customer collecting the Goods, at the Company’s premises, before the expiry of 5 working days after the Company has notified the Customer that the Goods are ready for collection or if some other place for delivery is agreed by the Company, by the Company delivering the Goods to that place. All unloading facilities required for delivery including any special equipment shall be provided by the Customer and at his/her own expense unless otherwise previously agreed in writing between the Customer and the Company.
6.2 Any dates quoted for delivery of the Goods are approximate dates only and the Company shall not be liable for any delay in delivery of the Goods caused by a Force Majeure Event or the Customer’s instructions. Time for delivery shall not be of the essence. The Goods may be delivered by the Company in advance of the quoted delivery date upon giving reasonable notice to the Customer
6.3 If the Company fails to deliver the Goods, its liability shall be limited to the costs and expenses incurred by the Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. The Company shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event or the Customer’s instructions.
6.4 If the Customer fails to take delivery of the Goods within five business days of the Company notifying the Customer that the Goods are ready or where the Company is delivering the Goods the Customer is not available to receive the Goods for delivery, then, except where such failure or delay is caused by the Company’s failure to comply with its obligations under the Contract:
6.4.1 delivery of the Goods shall be deemed to have been completed at 9.00 am on the third business day after the day on which the Company notified the Customer that the Goods were ready; and
6.4.2 the Company shall store the Goods until delivery takes place, and charge the Customer for all related costs and expenses (including insurance).
6.5 If 15 business days after the day on which the Company notified the Customer that the Goods were ready for delivery the Customer has not taken delivery of them, the Company may resell or otherwise dispose or part with the Goods and, after deducting reasonable storage and selling costs, account to the Customer for any excess over the price of the Goods or charge the Customer for any shortfall below the price of the Goods.
7 Risk and property
7.1 Risk of damage to or loss of the Goods shall pass to the Customer:
7.1.1 in the case of Goods collected by the Customer from the Company’s premises, when the Goods are loaded at the Company’s premises.
7.1.2 in the case of Goods to be delivered, other than at the Company’s premises, at the time of the delivery or
7.1.3 if the Customer wrongfully fails to take delivery of the Goods at the time when the Company has tendered delivery of the Goods.
7.2 Notwithstanding delivery and the passing of the risk in the Goods in any other provision of these Conditions the property in the Goods shall not pass to the Customer until the Company has received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by the Company to the Customer for which payment is then due.
7.3 Until such time as the property in the Goods passes to the Customer, the Customer shall hold the goods as the Company’s fiduciary agent and bailee and shall keep the Goods separate from those of the Customer and third parties and properly stored protected and insured and identified as the Company’s property. Until that time the Customer shall not be entitled to resell or use the Goods in the ordinary course of its business but shall account to the Company for the proceeds of sale or otherwise of the Goods whether tangible or intangible including insurance proceeds and shall keep all such proceeds separate from any moneys or property of the Customer and third parties and in the case of tangible proceeds properly stored protected and insured.
7.4 Until such time as the property in the Goods passes to the Customer (and provided the Goods are still in existence and have not been resold) the Company shall be entitled at any time to require the Customer to deliver up the Goods to the Company and if the Customer fails to do so forthwith to enter upon any premises of the Customer or any third party where the Goods are stored and repossess the Goods.
7.5 The Customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of the Company but if the Customer does so all moneys owing by the Customer to the Company shall (without prejudice to any other right or remedy of the Company) forthwith become due and payable.
8 Erections of Goods
The Company’s quotation assumes that, where delivery takes place at the Customer’s premises, the site will be easy for access for all vehicles cranes tools materials and tackle necessary to carry out the installation and continuous performance of the work during the normal working hours. Access to site must be suitable for such vehicle transporting the Goods to enter the site. The Customer must provide suitable hard standing for off-loading the Goods adjacent to the foundations. The Company is not responsible for any supporting structure or foundation work not designed and constructed by the Company and accepts no responsibility for any direct or indirect loss which may be incurred due to any insufficient or unsuitable structure or foundation. Where foundations are installed by the Customer, the Customer must accept responsibility for the accuracy of the setting out, dimensions, levels and where applicable, pockets and sole plate.
9 Limitations of liability
9.1 The Company shall be under no liability in respect of any defect in the Goods arising from any drawing design or specification supplied by the Customer.
9.2 The Company shall be under no liability in respect of any defect arising from fair wear and tear, willful damage, negligence, abnormal working conditions, failure to follow the Company’s instructions (whether oral or in writing) misuse or alteration, modification adjustments or repair of the Goods or the use of the Goods without the Company’s written approval.
9.3 Where the Goods are used second hand or reconditioned they are sold as seen and approved by the Customer and the Company does not in any way warrant such goods to be fit for any particular purpose express or implied.
If you are a business
9.4 Subject as expressly provided in these Conditions all warranties conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
9.5 Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet specification is notified to the Company in accordance with these Conditions the Company shall be entitled to replace the Goods (or the part in question) free of charge or at the Company’s sole discretion refund to the Customer the price of the Goods (or a proportionate part of the price) but the Company shall have no further liability to the Customer.
9.6 Except in respect of death or personal injury caused by the Company’s negligence the Company shall not be liable to the Customer by reason of any representation or any implied warranty condition or other term or any duty at common law or under the express terms of the Contract for any consequential loss or damage (whether for loss of profit or otherwise) costs expenses or other claims for consequential compensation (and whether caused by the negligence of the Company its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Customer except as expressly provided in these Conditions.
9.7 Except in respect of death or personal injury caused by the Company’s negligence, the Company’s total liability to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Goods payable by the Customer.
If you are a consumer (private non-business entity for domestic use)
9.8 The Company will be responsible for any foreseeable loss or damage that the Customer may suffer as a result of the Company’s breach of these Conditions or as a result of the Company’s negligence (including that of its employees, agents or sub-contractors). Loss or damage is foreseeable if it is an obvious consequence of the Company’s breach or negligence or if it is contemplated by the Company and the Customer when the Contract is created. The Company will not be responsible for any loss or damage that is not foreseeable.
9.9 The Company only supplies Goods for domestic and private use. The Company makes no warranty or representation that the Goods are fit for commercial, business or industrial use of any kind (including resale). By entering into this Contract, you agree that you will not use the Goods for such purposes. The Company will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
9.10 Nothing in these Conditions seeks to exclude or limit the Company’s liability for death or personal injury caused by the Company’s negligence (including that of its employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
9.11 Nothing in these Conditions seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
If you are a consumer, faulty, damaged or incorrect goods (private non-business entity for domestic use)
9.11 By law, the Company must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information the Company has provided, and that match any samples or models that the Customer have seen or examined (unless the Company have made the Customer aware of any differences). If any Goods the Customer has purchased do not comply and, for example, have faults or are damaged when the Customer receives them, or if the Customer receives incorrect Goods, please contact the Company as soon as reasonably possible to inform the Company of the fault, damage or error, and to arrange for a refund, repair or replacement.
9.12 Please note that you will not be eligible to claim under this Clause 9 if the Company informed you of any faults, damage or other problems with the Goods before your purchase of the them; if you have purchased the Goods for an unsuitable purpose that is neither obvious nor made known to the Company and the problem has resulted from your use of the Goods for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage. Please also note that you may not return Goods to the Company under this clause merely because you have changed your mind. Please refer to Clause 9.24 for details of what to do if you change your mind.
9.13 Please note that you will not be eligible to claim under this Clause 9 if you have purchased second hand (sold as seen Goods).
9.14 Beginning on the day that the Customer receives the Goods (and ownership of them) the Customer has a 30 calendar day right to reject the Goods and to receive a full refund if they do not conform as stated in clause 9.11 above. If the Customer does not wish to reject the Goods, or if the 30 calendar day period has expired, the Customer may request that the Goods are repaired or replaced. Within the first six months after the Customer has received the Goods, the Customer is entitled to a repair or replacement unless the Company can prove that the defect was not present at the time the Customer bought the Goods. After the first six months, the Customer must prove to the Company that the defect was present at the time of purchase in order to qualify for a repair or replacement. The Company will bear any associated costs and will carry out the repair or replacement within a reasonable time and without significant inconvenience to the Customer. In some cases, if repair or replacement is impossible or otherwise disproportionate, the Company may instead offer the Customer the alternative (i.e. a replacement instead of a repair or vice versa) or a full refund.
9.15 If the Customer requests a repair or replacement during the first 30 calendar day period, that period will be suspended while the Company carry out the repair or replacement and will resume on the day that the Customer receives the replacement or repaired Goods. If less than 7 calendar days remain out of the original period, it will be extended to 7 calendar days.
9.16 If, after a repair or replacement, the Goods still do not conform (or if the Company cannot repair or replace them, as described above, or have failed to act within a reasonable time and/or without causing the Customer significant inconvenience), the Customer may have the right either to keep the Goods at a reduced price, or to reject them in exchange for a refund.
9.17 If the Customer exercises this final right to reject the Goods more than six months after the Customer receives them (and ownership of them), we may reduce any refund to reflect the use the Customer has had out of the Goods.
9.18 Please note that the Customer will not be eligible to claim under this Clause 9 if the Company informed the Customer of any faults, damage or other problems with the Goods before your purchase of them; if the Customer has purchased the Goods for an unsuitable purpose that is neither obvious nor made known to the Company and the problem has resulted from your use of the Goods for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage. Please also note that the Customer may not return Goods to the Company under this Clause 9 merely because the Customer has changed your mind. Please refer to Clause 9 for details of what to do if the Customer changes your mind.
9.19 To return Goods to the Company for any reason under this Clause 9, the Customer may do so in person during the Company business hours of 9.00am-5.30pm Monday to Friday excluding public and bank holidays or the Customer may return them to the Company by another suitable delivery choice. The Customer may alternatively request that the Company collect the Goods from the Customer. Please ensure that the Goods are ready for collection at the agreed time and location. The Company is solely responsible for collecting the Goods in this case, however the Company may appoint a third party carrier to collect them in which case the Company will provide the Customer with all relevant details. The Company will be fully responsible for the costs of returning Goods under this Clause 9 and will reimburse the Customer where appropriate. The Company will not be responsible for additional costs such as cranes, removals etc.
9.20 Refunds (whether full or partial, including reductions in price) under this Clause 9 will be issued within 14 calendar days of the day on which the Company agrees that the Customer is entitled to the refund.
9.21 Any and all refunds issued under this Clause 9 will include all delivery costs paid by the Customer when the Goods were originally purchased.
9.22 For full details of your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.
If the Customer is a consumer returning goods if you change your mind
9.23 If the Customer is not satisfied with any Goods purchased from the Company the Customer has the right to return them in exchange for a refund or a replacement, subject to the provisions of this Clause 9. This Clause 9 does not apply to Goods that are not in compliance with the Contract and your legal rights. For such Goods, please refer to the paragraph above. This Clause 9 does not apply to bespoke Goods, custom made, personalised or second hand (sold as seen Goods). Goods which we have produced or altered to order for you cannot be returned if you change your mind. Goods which are second hand (sold as seen) cannot be returned to us.
9.24 If the Customer wishes to return Goods to the Company under this Clause 9 the Customer must do so within 5 days of taking delivery (or collecting them from the Company), telling the Company why the Customer wishes to return the Goods. The Customer is solely responsible for the cost of returning Goods to the Company in the state it was delivered in and any associated removal costs under this Clause 9.24.
9.25 All Goods must be returned to the Company under this Clause 9 in their original condition, accompanied by proof of purchase.
9.26 The Customer may return Goods to the Company in person during the Company business hours of 9.00am-5.30pm Monday to Friday excluding public and bank holidays or the Customer may return them by another suitable delivery service of your choice. The Customer is solely responsible for the cost of returning Goods to the Company and any associated removal costs under this Clause 9.
9.27 The Customer may request that the Company collect the Goods from the Customer. Please ensure that the Goods are ready for collection at the agreed time and location. The Customer is solely responsible for the cost to the Company of collecting the Goods and for any associated costs incurred with the removal of the Goods under this Clause 9.
9.28 Refunds or replacements will be issued to the Customer immediately if the Customer returns Goods to the Company in person or within 7 days of the Company receipt of the Goods if the Customer returns Goods to the Company by post or similar delivery service or if the Company collect the Goods from the Customer.
9.29 Please note that this extended return period (guarantee) applies only to consumers resident in the United Kingdom. The provisions of this Clause 9 are in addition to your legal rights, not instead of them.
9.30 Please note that the Customer loses their right to cancel the Contract where the Goods are bespoke and have been custom made or personalized for the Customer.
Distance Sales (where you are a consumer and do not order in person on our premises) THIS DOES NOT APPLY TO BESPOKE SALES
9.31 Save as set out in this Contract with regard to bespoke Goods, as a consumer in the European Union you have a statutory right to cancel your Contract with the Company up to 14 Calendar Days after the Goods come into your physical possession (i.e. you or another person identified by you taking delivery of the Goods). You may cancel your Contract and return the Goods to the Company for any reason under this right. If you wish to exercise your right to cancel under this Clause 9.31, you must inform the Company of your decision. You may do so in any way that is convenient to you. Please ensure that you inform the Company of your decision to cancel before the period in sub-clause 9.31 expires. (Note that the cancellation period is defined as whole Calendar Days. If, for example, you send the Company an email or a letter by 23:59 on the final day of the cancellation period, your cancellation will be valid and accepted.) The Company requires you to inform them in writing. The costs associated with any returns will be met by the customer. Alternatively, please contact the Company:
– In writing, addressed to General Manager, Dainton Group Services Ltd, Portable Buildings division, Heathfield, Newton Abbot, Devon, TQ12 6RG,
– By email, addressed to General Manager Portable Buildings at email@example.com
– By contacting Us by telephone on 01626 833875.
10 Insolvency of Customer
This clause applies if:
10.1 The Customer makes any voluntary arrangement with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation (otherwise than for the purpose of amalgamation or reconstruction).
10.2 If this clause applies then without prejudice to any other right or remedy available to the Company the Company shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without any liability to the Customer and if the Goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
Immediately upon delivery responsibility for insuring against all loss or damage and third party liability lies with the Customer and is to include all of the Company’s materials on site where the Company undertakes to carry out work to provide services of any kind on premises other than its own. Except for death or personal injury caused by its negligence, the Company shall be under no liability whatsoever for any loss or damage occasioned to the Customer his contractor’s servants employees invitees or otherwise arising from any cause connected in any way with the execution of such works or provision of such services and the Customer shall indemnify the Company against any claim by third parties.
12 Health and Safety
Where the Goods are supplied to the Customer’s specification or design the Customer shall be responsible for ensuring that so far as is reasonably practicable the Goods are so designed as to be safe and without risk to health when properly used that such testing and examination is carried out as may be necessary for ensuring that the Goods are so designed and that adequate information will be available in connection with the use of the Goods at work about the use for which they are designed and have been tested and about any condition necessary to ensure that when put to that use the goods will be safe and without risk to health and the Customer shall indemnify the Company against any claims which may be made against the Company whether under the Health and Safety at Work Act 1974 or the regulations made there under or otherwise arising out of any failure on the part of the Customer to carry out the foregoing responsibilities of the Customer and for all costs and expenses incurred by the Company in dealing with any such claims and rectifying any defects in the goods.
If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.
14 Force Majeure
14.1 The Company shall not be liable to the Customer or be deemed to be in breach of the Contract by reason of any delay in performing or any failure to perform any of the Company’s obligations in relation to the Goods if the delay or failure was due to any cause beyond the Company’s reasonable control (“Force Majeure Event”). Without prejudice to the generality of the foregoing the following shall be regarded as a Force Majeure Event:
14.1.1 Act of God explosion flood tempest fire nuclear fall-out or accident.
14.1.2 War or threat of war sabotage insurrection civil disturbance or requisition.
14.1.3 Acts restrictions regulations bye-laws prohibitions or measures of any kind on the part of any governmental parliamentary or local authority.
14.1.4 Strikes lock-outs or other industrial actions or trade disputes (whether involving employees of the Company or of a third party).
14.1.5 Difficulties in obtaining supplies of the Goods raw materials labor fuel parts or machinery (whether involving the Company or a third party).
14.1.6 Power failure or breakdown in machinery.
14.1.7 epidemics, pandemics or quarantine.
14.2 If any event described under this Clause 14 occurs that is likely to adversely affect the Company’s performance of any of its obligations under these Conditions:
14.2.1 The Company will inform the Customer as soon as is reasonably possible;
14.2.2 The Company will inform the Customer when the event outside of the Company’s control is over and provide details of any new dates, times or availability as necessary;
14.2.3 If the event outside of the Company’s control continues for more than 6 months the Company may cancel the Contract and inform the Customer of the cancellation in writing;
14.2.4 If an event outside of the Company’s control continues for more than 6 months and the Customer’s wish to cancel the Contract, the Customer may do so by informing the Company in writing;
If the Contract is cancelled under this Clause 14 the Goods are delivered, any and all sums the Customer has paid to the Company will be refunded in full. Other provisions in these Conditions regarding the retention of sums paid shall not apply.
15 Data Protection
15.1 All personal information that the Company may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and the Customer’s rights under the GDPR.
16 Other Important Terms
16.1 The Company may transfer (assign) its obligations and rights under this Contract to a third party (this may happen, for example, the Company sells its business). If this occurs the Customer will be informed by the Company in writing. The Customer’s rights under this Contract will not be affected and the Company’s obligations under this Contract will be transferred to the third party who will remain bound by them.
16.2 The Customer may not transfer (assign) its obligations and rights under this Contract without the Company’s express written permission.
16.3 The Contract is between the Company and Customer. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Conditions.
16.4 If any of the provisions of these Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Conditions. The remainder of these Conditions shall be valid and enforceable.
16.5 No failure or delay by the Company in exercising any of its rights under these Conditions means that it will have waived that right, and no waiver by the Company of a breach of any provision of these Conditions means that it will waive any subsequent breach of the same or any other provision.
17 Governing Law and Jurisdiction
17.1 These Conditions, the Contract, and the relationship between the Customer and us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
17.2 If the Customer is a consumer, the Customer will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 17.1 above takes away or reduces your rights as a consumer to rely on those provisions.
17.3 If the Customer is a consumer, any dispute, controversy, proceedings or claim between the Company and the Customer relating to these Conditions, the Contract, or the relationship between the Company and the Customer (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
17.4 If the Customer is a business, any dispute, controversy, proceedings or claim between the Company and the Customer relating to these Conditions, the Contract, or the relationship between the Company and the Customer shall be subject to the jurisdiction of the courts of England and Wales.
18 Complaints and Feedback
18.1 We always welcome feedback from our customers and, whilst we always use all reasonable endeavours to ensure that your experience as a customer of ours is a positive one, we nevertheless want to hear from you if you have any cause for complaint.
18.2 All complaints are handled in accordance with the Company’s complaints handling policy and procedure, available from www.dainton.com and emailing firstname.lastname@example.org respectively.
18.3 If you wish to complain about any aspect of your dealings with the Company, please contact the Company in one of the following ways:
18.3.1 In writing, addressed to General Manager, Dainton Group Services Ltd, Portable Buildings division, Heathfield, Newton Abbot, Devon, TQ12 6RG,
18.3.2 By email, addressed to General Manager Portable Buildings at email@example.com
18.3.4 By contacting Us by telephone on 01626 833875.