Website Usage Terms & Conditions
All orders are accepted by Bedford Bi-folds Ltd (“Bedford Bi-folds”) subject to the Terms & Conditions set out below. Product specific terms may apply in addition and any specific applicable terms will be provided to you as part of the Bedford Bi-folds quotation process (these are the Special Terms). Please ensure that you read the following terms and conditions prior to placing your order with us.
Why You should read these Terms It is important to read these terms carefully before submitting your Order to Bedford Bi-folds. These terms tell you who we are, how we will provide goods and services to you, how you and Bedford- Bifolds may change or end the contract, what to do if there is a problem and other important information. These terms and conditions together with the order form, accepted purchase order and our Privacy and Cookies policy shall govern any contract for the supply of goods listed on our site by any method including telephone, via our website and in our office.
No part of these terms and conditions affects your statutory rights as a consumer.
Parties: This agreement is between Bedford Bi-folds and the Customer, the terms of which shall not be changed without written confirmation from both parties.
In these Terms and Conditions, the following definitions apply:
Bedford Bi-folds Ltd: Bedford Bi-folds Ltd (registered in England and Wales with company number 9585698) and VAT number 213 161 458 whose registered office is The Studio,54 Batchwood Drive, St Albans.AL3 5SB.
“Bespoke products” means goods and or products manufactured to the Customer’s order.
Business Day: a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.
Conditions: the terms and conditions set out in this document as amended from time to time in accordance with clauses within these terms
Contract: the contract between Bedford Bi-folds Ltd and the Customer for the sale and purchase of the Goods/products in accordance with these Conditions.
“Customer” or “You” means the person, company or organisation that places an order with Bedford Bi-folds for the manufacture, supply and/or fitting of any goods/products. This may be a consumer or a Trade customer.
Deposit: A percentage of the total price of the Goods/products as set out in the Order.
Force Majeure Event: has the meaning given in these terms.
Goods/products: means the goods/products and or services (or any part of them) manufactured and or supplied by Bedford B-folds to the Customer in accordance with these Conditions.
Installation Services: means the survey, measuring, installation and any other services to be provided to the Customer pursuant to these Conditions.
Notice of Satisfaction: means the notice signed by the Customer upon completion of the works.
Order: the Customer’s order for the Goods/products as set out in Bedford Bi-folds written order confirmation and signed by the Customer.
Purchase Order: means the proforma order form (either paper or electronic) signed by the Customer to order goods, products and or Installation services and which incorporates these Conditions.
Schedule of Works: means the installation work to be carried out under the contract.
Site/Premises: means the site or premises where the goods/ products will be supplied and or the site or premises at which the goods/products will be installed by Bedford Bi-folds.
Special Terms: Any special terms provided to a customer as part of the quotation process
Specification: any specification for the Goods/products, including any related plans and drawings, that is agreed in writing by the Customer and Bedford Bi-folds.
“We” and “us” mean Bedford Bi-folds Ltd
In these Conditions, the following rules apply:
(a) A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
(b) A reference to a party includes its personal representatives, successors or permitted assigns.
(c) A reference to a statute or statutory provision is a reference to such statute or provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted.
(d) Any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
(e) A reference to writing or written includes written letters, faxes and any other written means of communication including email.
- General Terms – The Contract
- All orders for goods and services are accepted by Bedford Bi-folds subject to these terms and conditions of sale. Together these Terms and conditions of sale, order form, approval quotation and any relevant Annexes make up the agreement between Bedford Bi-folds and you for the supply of goods and services (“the Contract”). No other terms will apply to the supply of goods and services by Bedford Bi-folds unless agreed in writing by Bedford Bi-folds.
- The Order constitutes an offer by the Customer to purchase the goods/products in accordance with these Conditions. The Customer is responsible for ensuring that the terms of the Order and any applicable specifications are complete.
- The Order shall only be deemed to be accepted when we issue a written acceptance of the Order.
- Each Purchase Order if accepted by us constitutes a separate severable contract.
- A quotation for the goods/products given by Bedford Bi-folds shall not constitute an offer.
- Any samples, drawings, description of the goods and services or advertising produced by Bedford Bi-folds Ltd and any descriptions or illustrations contained in any Bedford Bi-folds brochure, on its website or otherwise communicated to you are produced for the sole purpose of giving you an approximate idea of the goods and or products described in them and are for illustrative purposes only. They shall not form part of the contract or have any contractual force. Every effort has been made to display the colours accurately but Bedford Bi-folds cannot guarantee that devices which you use to display the colours or the printed pictures in any Bedford Bi-folds brochure accurately reflect the colour of the goods. The goods supplied may vary slightly from those images. Bedford Bi-folds makes no claim that goods or materials supplied will conform to any sketch plans or drawings provided to Bedford Bi-folds by (a) the Customer or anyone else on the Customer’s behalf of (b) illustrations or descriptions or photographs in catalogues or trade literature or websites. Please bear in mind that Bedford Bi-folds showroom samples are intended to demonstrate the appearance and workings of typical items and the materials to be used. Goods manufactured to complete your installation may have minor and technical changes with are unavoidable deviations from the original specifications.
- If Bedford Bi-folds is making goods to measurements provided by you or someone else on your behalf you are responsible for ensuring that these measurements are correct. You may also contact Bedford Bi-folds directly for advice or book a Bedford Bi-folds site survey.
- Bedford Bi-folds reserves the right to cancel any order if upon receipt of a report from its surveyor the installation is deemed unsatisfactory to Bedford Bi-folds.
- We will write and tell you about any cancellation within 14 days of us receiving the report from our surveyor.
- If we cancel the contract for this reason we will refund the deposit and any other payments you have made under the contract but we will have no further liability to you.
- The Contract constitutes the entire agreement between the parties. The Customer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of Bedford Bi-folds which is not set out in the Contract.
2.1 Products which are not made to measure – By law under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 you have the right to cancel this contract by giving us written notice within fourteen (14) days of you signing the contract) if you signed the contract away from our business premises. However, you agree that the survey, erection of any necessary access equipment and installation work for such products may start before the end of this 14day cancellation period.
2.2 If you wish to cancel the contract, you must do so in writing and deliver your notice of cancellation personally or send (which may be by electronic mail) it to Bedford Bi-folds, within 14 days, starting with the day of receipt of this notice. Notice of cancellation will be deemed to have been served on the day of posting (proof required), or in the case of electronic mail, the date it was sent (proof required).
2.3 If you cancel we will collect the products delivered but not installed and we will charge you our reasonable costs of collection. We will also charge you our reasonable costs for the survey, access equipment and installed products provided up to the point of cancellation.
2.4 You do not have the right to cancel this contract if you signed the contract at our business premises or if we have sent you a quotation and you then contact us.
2.5 Any notice of cancellation given by you under clause 2.1 above after fourteen (14) days of you signing this contract will not be valid for the purposes of canceling the contract under this clause.
2.6 Bespoke products such as windows and doors which are made to measure and made to your specific requirements are exempt from the right to cancel under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. However in accordance with the Glass and Glazing Federation’s (GGF) Consumer Code of Practice we provide you with a right to cancel without charge up to 7 calendar days after the date of the contract.
2.7 We recommend that you send any cancellation notice by recorded-delivery post, by hand or by email. Notice of cancellation will be deemed to have been served on the day of posting (proof required), or in the case of electronic mail, the date it was sent (proof required).
2.8 If you cancel the contract under this clause we will refund you any money that you have paid under this contract. We will then have no further liability to you.
- Planning permission
3.1 It is your responsibility to contact the local authority to establish if the work to be undertaken requires planning permission or building regulations approval. We will not be liable for any costs, expenses, loss or claims for compensation or any other liability arising directly or indirectly as a result of you not getting planning permission or building regulations approval.
- Price and payment
4.1 The price of the goods and services will be the quoted price as shown in the Order (including VAT) except in the case of obvious error and will be valid for 30 days. After this time a new quote will be required.
4.2 Prices may be supply only (Trade customers) or supply and installation (consumers only).
4.3 A deposit of 25% Retail and 50% Trade for goods/products or value of the services must be paid at the time of signing of the contract.
4.4 All payments are to be made by cheque, cash, or bank transfer to Bedford Bi-folds company bank account. All drafts or money order must be made payable to Bedford Bi-folds. We do not accept credit cards.
4.5 Payment of the sum of money specified in the contract or the balance of the quotation price MUST be made to Bedford Bi-folds upon completion of the delivery when goods are purchased ‘supply only’. Again payment may be made either by cash, BACS or cheque; cheques shall be made payable to the order of the company and cheques or cash handed to the foreman fitter or driver, but in any case the customer must retain a copy of the contract with the payment indicated and receipted by the person to whom the cheque or cash was handed.
4.6 Payment of the sum of money specified in the contract or the balance of the quotation price MUST be made by the Customer to Bedford Bi-folds immediately upon satisfactory installation and or on the date stipulated by Bedford Bi-folds whichever is the earlier.
4.6 If you choose to pay for the goods and or services in cash, we may carry out a Credit Check on you to ascertain your credit history. Depending on the amount of money involved we may ask you to provide evidence of the source of your funds for this contract.
4.7 If all monies shown on the invoice and contract are not paid in full, all guarantees from us will be invalid.
4.8 All goods supplied and fitted shall remain the property of Bedford Bi-folds until all monies due are paid.
4.9 The time for payment for the goods/products and or for payment for the installation services shall be of the essence. In the event that you fail to pay for the goods/products and or installation services, we will charge you interest at the rate of 7% above the current Bank of England base rate calculated on a daily basis on any sum outstanding following its due date. Such interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. The Customer shall pay the interest together with the overdue amount.
4.9 Bedford Bi-folds may, by giving notice to the Customer at any time before delivery, increase the price of the Goods/products to reflect any increase in the cost of the Goods/products that is due to:
(a) any factor beyond Bedford Bi-folds control (including foreign exchange fluctuations, increases in taxes and duties, and increases in labour, materials and other manufacturing costs);
(b) any request by the Customer to change the delivery date(s), quantities or types of Goods/products ordered, or the Specification; or
(c) any delay caused by any instructions of the Customer or failure of the Customer to give Bedford Bi-folds adequate or accurate information or instructions.
4.10 Bedford Bi-folds may invoice the Customer for the price of the Goods/products (less the Deposit) on or at any time prior to the delivery of the Goods/products
4.11 You shall pay all amounts due under the Contract in full without any deduction or withholding except as required by law and you shall not be entitled to assert any credit, set-off or counterclaim against Bedford Bi-folds in order to justify withholding payment of any such amount in whole or in part.
4.12 Bedford Bi-folds may at any time, without limiting any other rights or remedies it may have, set off any amount owing to it by you against any amount payable by Bedford Bi-folds to you.
4.13 You will incur an administration charge of £15 for any cheque returned as unpaid by the Bank.
- Survey (Retail only)
5.1 Where installation of a product/products and or goods is required we will appoint and pay for a surveyor to prepare a survey report for us. This report is for our benefit only.
5.2 You hereby acknowledge and agree that the Surveyor in carrying out his obligations pursuant to our instructions will only ascertain the feasibility of the Schedule of Works specified in the Contract. You also acknowledge and accept that the Surveyor is not a building surveyor and will not undertake a general survey of the premises.
5.2 We may require you to pay a deposit as a contribution for us to carry out a survey of your property. You must pay this deposit when you sign the contract. The deposit will count towards your payment for the goods and services we have agreed to supply. Once we have carried out the survey we will not refund your deposit unless you cancel the contract under Clause 2.1.
5.3 We may as a result of the survey and in our absolute discretion cancel the contract. We will inform you of our reasons for so doing.
5.4 If we find during the survey that additional work is required which would increase the cost of carrying out the work for you we will notify you in writing of the cost of such additional work before the installation commences. We will be entitled to increase the price of carrying out the work by the price it costs to carry out the additional work. If you want to cancel the contract, you must confirm this in writing within 14 days of you receiving our notice telling you about the price increase. We will remind you of your right to cancel the contract when we tell you about the price increase. If you cancel the contract according to this clause then we will be entitled to be paid for the work we have carried out up to the date of your cancellation.
5.5 If after we have carried out a survey you refuse to go ahead with the installation we will be entitled to treat this contract as cancelled. If we have not yet manufactured the goods you must pay an amount equal to 20% of the value of the contract (after VAT). If we have manufactured the goods you must pay an amount equal to 75% of the value of the contract (after VAT) together with our reasonable expenses.
5.6 If we are unable to keep the installation date or we go over the date Bedford Bi-folds will not be held responsible for any loss of earnings.
- Installation (Retail only)
6.1 We will contact you when the products are ready for installation and agree an installation date. We will do our best to keep to this date. Sometimes, there may be a delay for reasons beyond our control for which we cannot be held responsible. If there is any type of delay, we will complete the work as soon as possible.
6.2 You must get all licences and permissions necessary for the installation.
6.3 You must make sure that our workmen or agents have access to the premises at the agreed time to enable them to carry out any works for the installation to be completed.
6.4 You must remove all ornaments and fixtures such as pelmets, curtains, blinds and any other articles of furniture on or adjacent to the window areas before the installation and replace them afterwards. Alarm sensors must be removed if present as we will not be responsible for any damage to the same.
6.5 You must remove or re-site any gas, electrical, plumbing, security alarm, phone installations, television aerials or any similar installations and connections if this is necessary. We will not accept liability for any damage to the same.
6.6 You must make sure that you do not allow anyone else to do anything which would make the premises an unfit or unsafe working environment for our workmen or agents. In particular, you must make sure that all pets are secure.
6.7 You must take reasonable care for your safety and the safety of other people on the premises while we provide the services.
6.8 If we cannot install the product on the date we have agreed, we will contact you and will do our best to offer you the next convenient date.
Although time is not the essence of this contract, the work will be commenced as soon as possible but liability cannot be accepted for any delay due to circumstances beyond the company’s control.
- If you fail to carry out any of your obligations under clauses 6.2 to 6.7 we may carry them out for you and recharge you the expenses that we have reasonably incurred in so doing.
6.10 Where you have contracted us to install the goods, If upon delivery of the Goods, we are unable to install the Goods as a result of you having failed to ensure that all necessary preliminary work has been undertaken, then you will pay us an abortive installation fee in the sum of £250 + vat (“the Abortive Installation Fee”). Bedford Bi-folds requires payment of the Abortive Installation Fee which must be made in cleared funds within 7 days of the Delivery Date. Bedford Bi-folds will be under no contractual obligation to attempt redelivery and/or installation until such time as the Abortive Installation Fee has been paid in full.
7.1 The Goods/products are described in Bedford Bi-folds catalogue as modified by any applicable Specification.
7.2 To the extent that the Goods/products are to be manufactured in accordance with a Specification supplied by the Customer, the Customer shall indemnify Bedford Bi-folds against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by Bedford Bi-folds in connection with any claim made against Bedford Bi-folds for actual or alleged infringement of a third party’s intellectual property rights arising out of or in connection with Bedford Bi-folds use of the Specification. This clause shall survive termination of the Contract.
7.3 Bedford Bi-folds reserves the right to amend the Specification if required by any applicable statutory or regulatory requirements or in order to conform with any manufacturing, product improvement or development plans or any safety requirements.
- Acceptance of the Goods/Products
8.1 All orders for Goods/products shall be deemed to be an offer by you to purchase Goods pursuant to these Conditions and acceptance of delivery of the Goods shall be deemed conclusive evidence of your acceptance of these Conditions.
8.2 You shall be deemed to have accepted the Goods at the expiry of 24 hours after delivery of the Goods to you.
8.3 After acceptance you shall not be entitled to reject the Goods.
- Return of Goods
9.1 If you are contracting with us as a consumer, clauses 9.2 to 9.3 summarise your legal rights in relation to the goods which are subject to certain exceptions.
9.2 The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality.
9.3 If you wish to reject the goods you must inform us by email at email@example.com within 14 days of delivery and we will contact you to arrange to collect the goods – this will be subject to a reasonable charge covered by you.
9.4 If you are contracting with us as a business customer, you have 5 days following your receipt of the goods to report any damage to or defect in the goods and to return the goods to us. We will arrange for the goods to be repaired and returned to you or if deemed necessary by us we will arrange for replacement goods to be sent to you at our cost.
9.5 Any goods that have been installed cannot be returned unless faulty. If you notify a problem to us under this clause we will, at our option (a) make good any shortage or non-delivery (b) replace or repair any goods that are damaged or defective (c) refund to you the amount paid by you for the parts in question.
10.1 If you are contracting as a consumer:
(a) any goods purchased from us through our site will be of satisfactory quality and reasonably fit for all of the purposes for which goods of that kind are commonly supplied but
(b) we will only be liable to you for losses that are caused as a result of any breach of contract by us (up to the value of the purchase price of the goods you purchased) and losses that are caused as a result of our negligence and
(c) we will not be liable for any loss if (i) any loss Is not foreseeable. Losses are foreseeable if they could have been contemplated by both of us at the time that your order was accepted by us; or (ii) any loss was caused by or contributed to by your breach of any of these conditions and
(d ) we will not be held liable for any indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management of office time) however arising.
10.2 If you are contracting as a business customer:
(a) all warranties, representations, terms, conditions and duties implied by law relating to fitness, quality or adequacy are excluded to the fullest extent permitted by law:
(b) we will not be liable to you if any monies due from you to us have not been paid in full:
(c ) we will have no liability to you for any
(i) consequential losses;
(ii) loss of profits and/or damage to goodwill;
(iii) economic and/or other similar losses;
(iv) special damages and indirect losses;
(v) business interruption, loss of business, contracts and or opportunity; and/or
(vi) inconvenience, delay or loss of production; and
(d) our aggregate liability to you for any loss or damage will be limited to the price of the goods purchased from us.
10.3 We will not be liable or responsible for any failure to perform the contract or for breach of performance of any of our obligations under the contract that is outside our reasonable control.
10.4 Nothing in these conditions will exclude or limit our liability for death or personal injury caused by our negligence, nor for fraud, nor for any other loss or damage for which our liability cannot be lawfully excluded or limited.
10.5 Where goods/products are supplied for self -installation it is your responsibility to ensure that they are installed correctly. Whilst we provide information to assist you in installation we cannot be liable to you for any loss or damage arising from information that we have provided regarding installation.
10.6 Bedford Bi-folds accepts no liability for broken or damaged glass sealed units that have not been recorded on the delivery note at the time of delivery.
10.7 You shall not be entitled to reject any material on account of imperfections or variations inherent in uPVC or Aluminium extrusion product assembly and the glass making process. Unless otherwise agreed in writing the acceptability of glass quality should be judged by reference to “Visual Quality Standard for Installed Insulating Glass Units Constructed from Transparent Flat Glass” published by the Glass and Glazing Federation (GGF). Similar criteria apply to other types of glass.
10.8 Bedford Bi-folds cannot be held responsible for any damage to tiling or forms of décor surrounding the windows, doors and patios as every precaution is made to keep the damage to a minimum and should products need to be replaced cannot be responsible for the removal of the items surrounding the products such as decking, render, plasterwork, cladding etc.
10.9 For those openings that are newly built, we strongly recommend any finishing off to be done after items are installed to surrounding areas – for example plasterwork, render, cladding, flooring, – i.e. any works surrounding the opening to ensure a correct finish is given up to the installed products. Please note where any finishing has been completed as aforementioned prior to the installation, we cannot be responsible for any anomalies that arise from this.
10.10 Bedford Bi-folds will not be held responsible for any unforeseen defects which arise in the timber, brickwork etc. which may require rectification before work is carried out. Any such defects will be pointed out to the customer and written instructions will be required from the customer before work proceeds.
10.11 Bedford Bi-folds cannot accept responsibility for any structural defects which may occur due to age or badly constructed property, or for any consequences of actions beyond its control such as strikes, acts of God, riots etc.
10.12 Bedford Bi-folds will make good only where necessary I.e. mortar on reveals, plasterwork, rendering and cannot guarantee any match due to weathering.
10.13 The guarantee does not apply to any materials or components which have been the subject of accidental damage, damage by misuse or which have been damaged during assembly or installation by the Customer, Bedford Bi-folds accepts no responsibility for the Customer’s own fitting or fitters. (Supply only).
- Damaged goods/products
11.1 If on the day of supply/installation, you shall discover that any of the Goods were damaged or defective on delivery, such damage or defects being the responsibility of Bedford Bi-folds then only the following provisions alone shall apply:
11.2 You will notify Bedford Bi-folds via email of the alleged damage or defect within 24 hours of supply/installation.
11.3 Where you have notified us of alleged damage or defect we shall require you to make payment of any outstanding sums in relation to the Goods prior to carrying out any inspection/remedial works.
11.4 Except where you are dealing as a consumer (here meaning where you do not contract as a business) you will return, at your cost, the damaged or defective Goods to Bedford Bi-folds for inspection
11.5 If in the sole opinion of Bedford Bi-folds the damaged or defective goods are not in accordance with this Contract and should be replaced by Bedford Bi-folds due to the damage or defect being the responsibility of Bedford Bi-folds, we will, within a reasonable time: replace or repair the damaged or defective goods at its cost;
deliver the replacement Goods to you at Bedford Bi-folds cost.
11.6 If you require an urgent replacement of defective or damaged Goods and requests Bedford Bi-folds in writing, to replace the Goods before the Goods have been returned to Bedford Bi-folds, then the following procedure shall apply-
11.7 Bedford Bi-folds will manufacture and deliver the replacement Goods within a reasonable time.
11.8 Bedford Bi-folds will send an invoice for the replacement Goods to the Buyer for the cost of the replacement Goods and delivery.
11.9 Upon your returning the defective or damaged Goods, if in the sole opinion of Bedford Bi-folds the returned Goods are damaged or defective so as not to be in accordance with this Contract and are the responsibility of Bedford Bi-folds, Bedford Bi-folds will issue a credit note to you for the invoice and refund your return costs.
The below sets out terms in accordance/conjunction to the separate company guarantee
12.1 Bedford Bi-folds may in its sole discretion offer a guarantee as set out in the separate written guarantee (Guarantee Period) on the goods/products to a customer on terms that it shall decide and only on Goods/products that are clearly marked as Bedford Bi-folds goods/products and carry a Bedford Bi-folds serial number or can provide proof of purchase detailing the products purchased.
12.2 Bedford Bi-folds makes no guarantee or representation that condensation will not occur or will be eliminated by the goods/products and Bedford Bi-folds shall not be liable for any condensation.
12.3 You acknowledge that whilst every attempt is made to match paint colours on the goods/products, slight variations may occur and during the Guarantee Period such paint finishes may dull due to weathering. Bedford Bi-folds shall not be responsible or liable for any such dulling to the paint finishes on the goods/products.
Where available, you acknowledge that the installation instructions are provided with delivery of the goods/products and show the correct installation method and usage. An operational guide is also supplied with the goods/products which must be passed to the customer of the goods/products. It is the responsibility of the Customer to ensure receipt of these documents by the customer and that the operational manual is passed to the customer.
12.4 Except as set out in these Conditions, all guarantees, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
12.5 In conjunction with the company’s separate written guarantee all building work of any description silicone sealants and trims will be guaranteed for a period of 12 months from the commencement date in respect of workmanship
12.6 In conjunction with the company’s separate written guarantee, all moving parts, handles, letter plates are guaranteed for 12 months. Glass is guaranteed for 5 years. Conservatory roofs for 5 years, composite doors for 5 years, glass/panels within doors 5 years, PVCu is guaranteed for 10 years, Aluminium for 10 years.
12.7 Bedford Bi-folds separate guarantee fascias, soffits, guttering and dry verge are guaranteed against discolouration and cracking for 5 years and workmanship will be guaranteed for a period of 12 months.
12.8 Proof of purchase is required for your guarantee to be valid.
- Cancellation and Customer’s insolvency or Incapacity
13.1 If at any time after the Order has been placed you cancel the Order in respect of all or part only of the Goods/products you shall pay Bedford Bi-folds the total price of the Order.
13.2 If the Customer becomes subject to any of the events listed in clause 13.3, or Bedford Bi-folds reasonably believes that the Customer is about to become subject to any of them and notifies the Customer accordingly, then, without limiting any other right or remedy available to Bedford Bi-folds. Bedford Bi-folds may cancel or suspend all further deliveries under the Contract or under any other contract between you and Bedford Bi-folds without incurring any liability to you and all outstanding sums in respect of Goods/products delivered to you shall become immediately due.
13.3 For the purposes of clause 13.1, the relevant events are:
(a) You make any composition or voluntary arrangement with your creditors (within the meaning of the Insolvency Act 1986) or (being an individual or firm) becomes bankrupt or (being a company) enters into administration or goes into liquidation (otherwise than for the purpose of amalgamation or reconstruction)or a moratorium comes into force in respect of the Customer (within the meaning of the Insolvency Act 1986); or
(b) an encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Customer; or
(c) the Customer ceases, or threatens to cease, to carry on business; or
(d) Bedford Bi-folds reasonably apprehends that any of the events mentioned above is about to occur in relation to the Customer and notifies the Customer accordingly.
13.4 Termination of the Contract, however arising, shall not affect any of the parties’ rights and remedies that have accrued as at termination. Clauses which expressly or by implication survive termination of the Contract shall continue in full force and effect.
- Title and Risk
14.1 The risk in the Goods/products shall pass to the Customer on completion of delivery.
14.2 Title to the Goods/products shall not pass to the Customer until Bedford Bi-folds has received payment in full (in cash or cleared funds) for:
(a) the Goods/products; and
(b) any other goods/products or services that Bedford Bi-folds has supplied to the Customer in respect of which payment has become due.
Until title to the Goods/products has passed to the Customer, the Customer shall:
(a) hold the Goods/products on a fiduciary basis as Bedford Bi-folds bailee;
(b) store the Goods/products separately from all other goods/products held by the Customer so that they remain readily identifiable as Bedford Bi-folds property;
(c) not remove, deface or obscure any identifying mark or packaging on or relating to the Goods/products;
(d) maintain the Goods/products in satisfactory condition and keep them insured against all risks for their full price from the date of delivery;
(e) notify Bedford Bi-folds immediately if it becomes subject to any of the events listed in clause 8.3; and
(f) give Bedford Bi-folds such information relating to the Goods/products as Bedford Bi-folds may require from time to time,
but the Customer may resell or use the Goods/products in the ordinary course of its business.
If before title to the Goods/products passes to the Customer the Customer becomes subject to any of the events listed or Bedford Bi-folds reasonably believes that any such event is about to happen and notifies the Customer accordingly, then, provided that the Goods/products have not been resold, or irrevocably incorporated into another product, and without limiting any other right or remedy Bedford Bi-folds may have. Bedford Bi-folds may at any time require the Customer to deliver up the Goods/products and if the Customer fails to do so promptly, enter any premises of the Customer or of any third party where the Goods/products are stored in order to recover them.
- Limitation of Liability
15.1 Nothing in these Conditions shall limit or exclude Bedford Bi-folds liability for:
(a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation;
(c) defective products under the Consumer Protection Act 1987; or
(e) any matter in respect of which it would be unlawful for Bedford Bi-folds to exclude or restrict liability.
15.2 Bedford Bi-folds shall not be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and
Bedford Bi-folds 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 not exceed the price of the Goods/products and or installation services giving rise to the claim.
- Force Majeure
16.1 Neither party shall be liable for any failure or delay in performing its obligations under the Contract to the extent that such failure or delay is caused by a Force Majeure Event.
16.2 A Force Majeure Event means any event beyond a party’s reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party’s), failure of energy sources or transport network, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters or extreme adverse weather conditions, or default of suppliers or subcontractors.
Assignment and subcontracting.
17.1 Bedford Bi-Folds may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract.
17.2 The Customer may not assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract without the prior written consent of Bedford Bi-folds.
18.1 Any notice or other communication given to a party under or in connection with the Contract shall be in writing addressed to that party at its registered office (if it is a company) or its principal place of business (in any other case) or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally, sent by pre-paid first-class post, recorded delivery, commercial courier, fax.
18.2 A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to if sent by pre-paid first-class post or recorded delivery, at 9.00 am on the second Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed; or, if sent by fax, one Business Day after transmission.
18.3 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
19.1 If any court or competent authority finds that any provision of the Contract or terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected.
19.2 If any invalid, unenforceable or illegal provision of the Contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
20.1 A waiver of any right or remedy under the Contract is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default.
20.2 No failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
- Third party rights.
21.1 A person who is not a party to the Contract shall not have any rights under or in connection with it.
22.1 Except as set out in these Conditions, any variation to the Contract, including the introduction of any additional terms and conditions, shall only be binding when agreed in writing and signed by an authorised representative of Bedford Bi-folds.
- Governing law and jurisdiction.
23.1 The Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.
- Intellectual Property
24.1 The specifications and designs of the Goods (including the copyright, design right and other intellectual property in them) shall as between the parties be the property of Bedford Bi-folds.
24.2 No right or licence is granted by this Contract to the Customer under any patent, trademark, registered design or other intellectual property right, except the right to use or resell the Goods.
25.How We Use Your Personal Information (Data Protection)
25.1 All personal information that We may use will be collected, processed and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and Your rights under the GDPR.
25.2 For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of Your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Notice available from Bay 3 16 Murdock Road, Manton Industrial Estate, Bedford MK41 7PD.
26.1 Where applicable, in the event that a customer has not received the Fensa Registration Certificate, the customer must notify the company in writing within 6 months of installation
26.2 You permit us free of any charge or fee, the right to produce and use images (“Images”) of your installation and grant us a licence to use and reproduce the Images (including on our website, social networking and other online pages and sites that mention or promote us in perpetuity). We may amend or update these terms and conditions from time to time to comply with law or to meet our changing business
26.3 These terms and conditions supersede any other terms and conditions previously published by us and any other representations or statements made by us to you, whether oral, written or otherwise.
26.4 Any typographical, clerical or other error or omission in any sales literature, quotations, price lists, acceptance of offer, invoice or other information issued by Bedford Bi-folds may be corrected by Bedford Bi-folds without any liability on its part.
27.1 Whilst we are committed to providing the highest quality of goods and services, we acknowledge that on occasion things can go wrong. If you have a complaint we want to know as soon as possible to help us put things right promptly.
27.2 In the first instance we would encourage you to discuss any problems verbally and informally with your principal contact within the company or their immediate supervisor. Please contact our office with your details and a description of your problem. We are here for you from 9am to 5pm Monday to Friday and 9am to 1pm Saturday. Call us on 01234 342 669 or email us at firstname.lastname@example.org or write to us at Bedford Bi-folds Ltd, Manton Industrial Estate, Bedford. MK41 7PD. However, you contact us we will contact you within 2 working days to:
Let you know we have received your query
Tell you who will be responsible for investigating along with their contact details
Endeavour to return phone calls and emails within one working day
Do everything we can to resolve things as quickly as possible
Do what we can to attend within fourteen days if a visit to your property is needed
Keep you regularly informed of progress throughout.
26.3 If the verbal and informal approach does not satisfactorily deal with your concerns, we offer:
A 2 stage formal complaints procedure, details of which are available from our office staff.
26.4 Bedford Bi-folds are an accredited member of the Fensa Scheme which along with GGFi offer an insurance backed guarantee. If you still remain dissatisfied with any aspect of our handling of your complaint, then it may be appropriate for the matter to be TGAS who are an independent third party who run an Alternative dispute resolution (ADR) scheme within our industry.
Tel: 020 7939 9103
28.1 The Customer hereby acknowledges and agrees in signing the contract:
- that he/she has carefully read and understands this Agreement.
- that he/she has received a true copy of this Agreement and the contract showing the specification.