1. Parties and Definitions
These terms apply to contracts between Bedford Bi-folds Ltd (company number 09585698, VAT number 213 161 458) and the customer named on the quotation, order confirmation or invoice.
Registered office First Floor, Woburn Court 2 Railton Road, Kempston, Bedford, Bedfordshire, England, MK42 7PN: Trading address: Unit B Postley Road, Woburn Road Industrial Estate, Kempston, Bedfordshire, MK42 7BU. Email: sales@bedfordbifold.co.uk. Telephone: 01234 342669.
- “Bedford Bi-folds”, “we”, “us” or “our” means Bedford Bi-folds Ltd.
- “Customer”, “you” or “your” means the person, company or organisation placing the order.
- “Goods” means the windows, doors, glass, frames, hardware, accessories and other products supplied by us.
- “Bespoke Goods” means goods made to measure, made to order, manufactured to your specification, or otherwise personalised for your project.
- “Installation Services” means survey, measuring, fitting, making good and associated services we agree to provide.
- “Order” means your accepted quotation, signed order form, purchase order, invoice, schedule of works and any agreed specification.
- “Specification” means the written specification, drawings, sizes, colours, handing, glass details, ironmongery, finish and any other agreed project details.
- “Business Day” means a day other than a Saturday, Sunday or bank/public holiday in England.
2. Trade Basis
These terms apply to business, trade, supply-only and commercial customers. By placing an order you confirm that you are acting wholly or mainly for purposes relating to your trade, business, craft or profession.
Consumer cancellation rights do not apply to trade contracts. The Consumer Rights Act 2015 consumer remedies do not apply to business-to-business contracts.
3. Orders and Specifications
A quotation is not an offer and is valid for 30 days unless stated otherwise. A contract is formed only when we accept the order in writing and receive a e sign and any required deposit or payment.
You are responsible for checking all specifications before approval, including sizes, colours, profiles, threshold details, glass specification, toughened/laminated requirements, handing, cills, vents, drainage, hardware and delivery details.
Where goods are manufactured to your sizes or drawings, we are not responsible for errors in those sizes, drawings or specifications supplied by you or your customer.
Images, brochures, website content, showroom samples and marketing materials are illustrative only and do not form part of the contract unless expressly stated in the accepted order.
4. Bespoke Goods and Cancellation
All made-to-measure and project-specific aluminium products are Bespoke Goods. Once accepted, orders for Bespoke Goods cannot be cancelled without our written agreement.
If we agree to cancellation, you must pay all costs and losses we incur, including administration, design, survey, materials, supplier charges, manufacture, storage, transport and loss of margin. Where manufacture has started, cancellation charges may be up to 100% of the order value.
5. Price and Payment
The price is the accepted quotation price plus VAT unless stated otherwise. We may correct obvious errors.
A 50% deposit is payable on order unless we state otherwise. The balance is payable before 3 days delivery, 3 days before collection, , or on the due date stated on our invoice, whichever is earlier.
We may withhold manufacture, delivery, collection or release of goods until cleared funds are received.
You must pay all sums in full without set-off, counterclaim, deduction or withholding except as required by law.
For business debts paid late, we may charge statutory interest and compensation under the Late Payment of Commercial Debts legislation, currently 8% above the Bank of England base rate, unless a different contractual rate is expressly agreed.
We may set off any sums owed by you to us against any sums owed by us to you.
6. Price Adjustments
Before delivery, we may increase the price to reflect changes caused by foreign exchange, taxes, duties, glass/aluminium/material increases, labour costs, supplier costs, transport costs, your requested changes, inaccurate information or delay caused by you.
7. Delivery, Collection and Storage
Delivery dates are estimates only unless confirmed by us in writing as fixed. Time is not of the essence unless expressly agreed in writing.
You must ensure suitable access, unloading equipment, labour and safe storage are available at delivery. Unless expressly agreed, you are responsible for unloading, delivery is curbside and any damage resulting in after the goods leave the delivery vehicle will not be claimable.
If delivery fails because you are not ready, access is unavailable, payment has not cleared, or delivery cannot safely be completed, we may charge for abortive delivery, storage and re-delivery costs. Delivery slots are a maximum of 30 minutes and after this time we reserve the right to return any unloaded goods and re-book and charge another delivery fee.
Where goods are not collected or cannot be delivered within 7 days of notification that they are ready, we may charge storage at a reasonable commercial rate.
8. Risk and Title
Risk passes to you when the goods are delivered to your site, collected by you, or handed to your carrier.
Title remains with Bedford Bi-folds until all sums due from you to us are paid in full in cleared funds.
Until title passes, you must store the goods separately, keep them identifiable as Bedford Bi-folds property, insure them for full replacement value and not pledge or charge them.
You may resell goods in the ordinary course of business before title passes, but you do so as principal and not as our agent. If you become insolvent or fail to pay, we may require return of goods not irrevocably incorporated into a building or other product.
9. Inspection and Defects
You must inspect all goods on delivery or collection and record visible damage, shortages or glass breakage on the delivery note before signing wherever possible.
You must notify us in writing of visible damage, shortages or defects within 24 hours of delivery or collection. Any other defect that could not reasonably be found on delivery must be notified within 5 Business Days of discovery.
If you fail to notify us within these periods, the goods are deemed accepted, subject to defects that could not reasonably have been identified by inspection.
If we accept responsibility for a defect, our liability is limited to repair, replacement, supply of missing items, credit or refund for the affected goods at our option. We do not supply labour and only parts will be supplied.
We are not liable for damage caused after delivery, including poor storage, site damage, mishandling, incorrect installation, third-party glazing, modifications or failure to follow instructions.
10. Supply Only and Installation by Others
Unless expressly agreed, all trade orders are supply only. You are responsible for surveying, structural suitability, fixing, glazing, drainage, packers, tolerances, building movement, making good, compliance, installation and handover to your customer.
Any installation advice, manuals, drawings or guidance we provide is general product information and does not remove your responsibility to ensure competent installation and compliance on site.
Operational and maintenance guides supplied by us must be passed to the end user.
11. Product Tolerances and Glass
You must allow for normal manufacturing tolerances, glass tolerances, coating variation, gasket/compression variation and aluminium extrusion tolerances.
You cannot reject goods for minor variations or imperfections inherent in aluminium extrusion, powder coating, hardware or glass manufacture, provided they fall within relevant industry standards.
Unless agreed otherwise, glass quality is judged by reference to relevant Glass and Glazing Federation visual quality standards.
12. Intellectual Property and Customer Specification
All designs, specifications, drawings, technical information and intellectual property produced by us remain our property.
Where you provide a specification, drawing, logo, design or other material, you warrant that its use will not infringe any third-party rights and you indemnify us against claims, losses and costs arising from our use of it.
13. Guarantees
Any guarantee is set out in our separate Guarantee Document and applies only to qualifying goods supplied by us, subject to proof of purchase and compliance with the guarantee conditions.
Guarantees are invalid where failure is caused by incorrect storage, handling, installation, adjustment, glazing, maintenance, misuse, accidental damage, third-party works, building movement, blocked drainage, condensation, unsuitable cleaning products or events outside our control.
We may withhold guarantee service while invoices relating to the goods or account are overdue, except where prohibited by law.
14. Liability
Nothing limits liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, defective products under the Consumer Protection Act 1987 or any liability that cannot lawfully be limited.
Subject to the above, we are not liable for loss of profit, loss of business, loss of contract, loss of goodwill, loss of opportunity, site delay, business interruption, consequential loss, indirect loss, inconvenience, delay, remedial costs by others without our written approval, or loss arising from your installation or onward sale.
Our total aggregate liability for all claims arising from the contract is limited to the price paid for the specific goods giving rise to the claim.
15. Customer Insolvency or Credit Risk
If you become insolvent, threaten to cease trading, enter administration, liquidation, bankruptcy, an arrangement with creditors, have a receiver appointed, fail to pay when due, exceed credit limits or we reasonably consider your credit risk has changed, all sums become immediately due and we may suspend or cancel further supply without liability.
16. Force Majeure
We are not liable for delay or failure caused by events beyond reasonable control including supplier default, material shortages, transport issues, strikes, lockouts, energy failure, machinery breakdown, fire, flood, storm, epidemic, war, terrorism, civil unrest, government action or extreme weather.
17. Data and Marketing Images
We will process personal data in accordance with applicable data protection law and our privacy notice. Contact sales@bedfordbifold.co.uk for a copy.
Where you provide installation images or allow us site access, you grant us permission to use images of the products for records, marketing, website and social media, unless agreed otherwise in writing.
18. General
We may assign, transfer or subcontract our rights and obligations. You may not assign or subcontract without our written consent.
Notices must be in writing and delivered by hand, post or email to the details on the order or these terms.
No variation is binding unless agreed in writing by an authorised representative of Bedford Bi-folds.
If any clause is invalid, the rest remains in force. A failure to enforce a right is not a waiver.
The contract is governed by English law and the courts of England and Wales have exclusive jurisdiction.