Terms & Conditions
Manufacturers warranties will apply to the different ranges. Check with your Representative that it is noted on the Order form.
This does not include accidental damage.
Terms of Sale
In these Terms & Conditions the ‘seller’ means Superior Shutters and the ‘buyer’ means the person, firm or company placing an order for goods or services, which are subject to these Terms and Conditions.
These conditions of sale together with the particulars contained in the buyer’s order confirmation together with any special conditions agreed at any time in writing by the seller constitute the entire contract between the buyer and the seller.
A legally binding contract will arise upon the seller’s representative’s signature being applied to the order to which these terms are attached.
Save where otherwise stated in these conditions or in any special conditions agreed in writing by the seller time shall be of the essence of any periods of time referred to within.
Quotations
All prices quoted on the seller’s website or by any other person or source prior to the date of the order are superseded by the prices quoted in the order.
Price & Payment
The purchase price for any goods ordered by the buyer will be subject to VAT at the prevailing the price will include a single delivery to one address within Mainland UK.
By placing an order, the buyer consents to payment being made by Debit/Credit Card or BACS payment or cheques. The buyer is liable to paying half the purchase price on signing the order. The balance is payable following the installation of the goods.
Stock shortages
If the goods ordered are unavailable the seller will notify the buyer as soon as possible and suggest a suitable replacement.
The seller reserves the right to substitute products of a similar description and standard if the requested goods are not available but will use reasonable endeavours to match the order in the unlikely event of the buyer receiving a substituted product the buyer shall be entitled to return the goods for a full refund within 10 working days from the date of delivery should the substituted product not be acceptable and in such a case the seller shall pay the delivery costs.
Delivery
Delivery times stated are approximate only and time is not of the essence for whilst every effort is made to ensure due performance the seller cannot accept responsibility for financial loss arising out of delay or failure to deliver by the specified date.
If a buyer fails to take delivery of the goods or any part of them for any reason whatsoever the seller will be entitled to charge for re-delivery and the buyer will pay to the seller all costs and expenses associated with the non-delivery including storage and insurance the balance of the contract price will also become due. Any delay or failure to deliver by the seller will not entitle the buyer to re fuse delivery or to repudiate the contract and the full price will be payable to the seller without deduction
Title to the goods and responsibility for them shall transfer to the buyer on delivery save that where goods are collected from the seller by the buyer or a third party nominated by the buyer the risk in the goods passes to the buyer upon
The address for delivery shall be the buyer’s address as stated on the order unless otherwise agreed between the parties.
Returns/cancellation of your order
The seller cannot accept responsibility for any damage to the goods or any other deviation from the contracted specification unless reported to the seller in writing within 7 calendar days following delivery or following installation. The right to bring a claim against the seller shall lapse upon expiry of this period.
The seller shall not be liable to the buyer for short delivery of the goods however caused but will provide the seller with the outstanding goods as soon as is reasonably practical following notification sent by the supplier.
Subject to clause 7(a) any defective goods must be returned by the supplier within 7 days of delivery or installation if to be carried out by the seller will pay the cost of transport of the goods.
The buyer cannot change or cancel the order once accepted by the seller if the goods ordered are manufactured, measured or custom made to the buyer’s requirements or specifications, as these goods will not be resalable by the seller.
The seller may cancel the contract if the price quoted becomes uneconomic, or if the goods or the finish contracted for becomes unavailable.
Liability
All goods are sold to the buyer on the following conditions
All goods should be fully inspected prior to installation. The buyer must check that the shutters and blinds are in accordance with the purchase order both for colour and design prior to installation. The seller cannot accept responsibility in circumstances where the buyer relies upon a representative present at the time of delivery and/or installation and is not present If the client is not on site when a property is surveyed or when the goods are installed. The shutters will be fitted in accordance with the seller’s standard practices unless previously agreed to the contrary.
The seller cannot guarantee precise colour matching against the product as they are made from a natural material. Minor imperfections not readily apparent at four feet under ordinary light will not be accepted as defects. Colour matching of finishing products (e.g., paints and stains) cannot be guaranteed although every reasonable effort will be made to ensure the accuracy of the finished product.
The seller cannot guarantee the goods against fading especially as a result of exposure to sunlight. The goods are not guaranteed against extreme damp or variable conditions.
The seller reserves the right to withdraw any products and colours at any time including after accepting an order without prior notice and cannot be held responsible for any consequences caused by the withdrawal of such.
Save as is inconsistent with statute, under no circumstances, except in respect of death or personal injury caused by the seller’s negligence, does the seller accept liability for consequential loss, damage, costs or expenses, howsoever arising and any liability for any such consequential loss or damage is hereby specifically noted. Should a claim be made under this agreement the seller’s liability is limited to value of the order placed by the buyer.
The seller gives no warranty as to the fitness of the product supplied for any purpose other than that of an internal window dressing as surveyed by the seller. Other installation positions and uses are undertaken at the risk of the buyer.
Tolerance levels of overall panel specifications are plus or minus 2mm and the product will not be considered defective if falling within the size Warp on any component part, vertical or horizontal, shall not exceed 1mm per 300mm and shall not be considered defective if within this tolerance.
It is recommended that panels be ordered within the seller’s normal specification for example, panels above 1100mm in height are ordered with a divider rail, and that panel widths do not exceed 450mm. The seller may exceed the limitation at the buyer’s request, but in doing so the seller cannot accept responsibility for problems that result.
If the buyer chooses to install against the seller’s recommendation the seller accepts no liability for the installation, or the goods and any guarantee or warranty is thereby null and void.
Where the order is based on measurements supplied by the buyer, the seller cannot accept the return of the goods or any claim for compensation by reason that the measurements given were provided by the buyer.
Use of cards
By placing an order, the buyer authorizes the seller at its discretion to carry out a credit reference or other inquiry upon the buyer’s financial status as the seller thinks fit and the buyer agrees to provide such written authorisation as may be required for purposes of such inquiry and in the absence of such authorization the seller will be unable to process the buyer’s order.
The buyer warrants that all details provided on the order form for the purpose of purchasing the goods are correct, that the credit and /or debit card they are using is their own and that there are sufficient funds and /or sufficient unused limit available to cover the cost of the goods.
Representations
No statement, description, or recommendation contained in any catalogue, price list, advertisement, communication, Web site pages or by any agent or employee of the seller shall be interpreted to enlarge, vary or override in any way any of these terms or conditions.
Invalidity
If any part or these terms and conditions is unenforceable including any provision in which the seller excluded liability to the buyer, the enforceability of any other of these conditions of sale will not be affected.
Privacy
The buyer acknowledges and agrees to be bound by the terms of the seller’s privacy policy.
Third party rights
Except for the seller’s affiliates, directors’ employees or representatives, a person who is not party to this agreement has no right under the UK contacts (Right of Third Parties) Act 1999 to enforce any term of this agreement, but this does not affect any right or remedy of a third party that exists or is available apart form that Act.
Governing law
This contract is subject to the law of England & Wales and the exclusive jurisdiction of the courts of England & Wales.