In these terms and conditions “Company” means Essexford Joinery, which trades as a domestic supplier, and “Customer” means the person or company that purchases the goods. “Goods” means the goods specified in the Company’s invoice.
These terms and conditions apply to all contracts for the sale of goods to, or provision of work for, the Customer. These conditions shall override any standard or other terms or conditions stipulated by the Customer, and no variation or addition to these conditions shall be effective, unless confirmed in writing by one of our directors or our general manager.
The Customer shall ensure understanding of the terms and conditions of sale as outlined in this document prior to submitting an order confirmation acceptance. The statutory rights of the customer, outlined in the Sale of Goods and Supply of Services Act, 1980 (Ireland), or The Sale of Goods Act 1979 (UK), shall apply to this contractare in no way prejudiced by these terms and conditions.
Any typographical clerical or other error or omission in any sales literature quotation invoice or other documentation issued by the Company shall be subject to correction without any liability on the part of the Company.
1.1 The details of tender shall be submitted in writing to the Customer by fax, post or email.
1.2 Prices quoted exclude Value Added Tax or any other taxes, and delivery (all orders shall be collected at Essexford Joinery, Stradeen, Carrickmacross, Co. Monaghan).
1.3 The price and details quoted are valid for three months from the date of tender, subject to clause 1.4.
1.4 The Company reserves the right, from the date of tender until production begins on the order, to increase the price of the Goods to reflect any increase in costs to the Company, which is due to any factor beyond our control. With fluctuating material costs, the Company also reserves the right to increase the price of Goods in line with increases in material costs. The legally binding ‘Letter of Intent’ does NOT waver or impinge on the right of the Company to increase the price of the Goods during the stated period.
1.5 Catalogues, price lists and other advertising literature or material used by the Company are intended only as an indication of price and range of Goods offered and no price descriptions or other particulars contained therein shall be binding on the Company.
1.6 The Company reserves the right, at any time before delivery, to alter the Price of the Goods resulting from changes in delivery dates, quantities, or specification requested by the Customer, or from any instructions of the Customer or from any failure by the Customer to give the company adequate and accurate information or instructions.
2.1 The lead-time for delivery of the Goods shall be specified at the tender stage. Once the Company receives an order confirmation acceptance, a request shall be made to the Customer for all information, measurements and drawings pertaining to the manufacture of the Goods. The Customer will be notified by fax and/or email that all relevant information has been received, at which time the quoted lead-time begins. If more than 8 weeks has lapsed between the Pre-Award meeting and the Company confirming that all information pertaining to the order has been received, the lead-time quoted at the Pre-Award stage may need to be reviewed.
2.2 Quoted Lead Times are estimates only. Lead Time may change according to season or Essexford Joinery holidays.
2.3 The Customer must submit design alterations in writing. Minor alterations in design, quantity and materials shall be allowable between the date of tender and the start of manufacture, but may be subject to a delay in delivery date and an increase in price. If changes are required once manufacture of the Goods has begun, the delivery date shall be delayed by a minimum of 1 week, and the Customer shall also be liable for any extra costs incurred in amending the order.
2.4 In the event of items (e.g. sample locks) or information being withheld from the Company that is specific to the Customer order but would not compromise the overall product, the Company reserves the right to proceed with production of the Customer order without inclusion of the withheld items or information, and the Company will not be liable or counter-chargeable for any resulting loss from this action.
2.5 If the circumstances or status of the Customer changes, for whatsoever reason (e.g. bankruptcy or receivership change of name, litigation by the Company or other parties etc.), the Company reserves the right without prejudice, to cancel or suspend trading with the Customer, including orders in progress, and to demand immediate settlement in full of all outstanding invoices.
2.6 Cancellation or re-schedule of any order must be made in writing by the Customer. Then the Customer shall indemnify the Company against all loss costs (including the cost of labour and materials used and overheads incurred), damages, charges and expenses arising out of the order. For example, if cancellation occurs after the order has been completed in full then the Customer shall be liable for the entire loss costs of the order through all stages in the production process.
2.7 The Company will not provide storage of Goods manufactured. The Customer must receive the total quantity of Goods ordered within 5 days of notification by the Company that the manufacture of the Goods has been completed. Goods will not be supplied to the Customer in stages unless specified in writing as part of the Goods pre-manufacturing terms.
2.8 Where storage of Goods has been pre agreed between the Company and the Customer, a cost of €3 per square metre per year will be applied to the Customer starting commencing from the Goods manufacturing completion date to the date of collection or delivery of the Goods to the Customer.
2.9 Where the Customer cancels, or wants to return part of an order that includes ‘specially ordered items’, then the Customer shall indemnify the Company against all loss costs (including labour and materials used and overheads incurred), damages, charges and expenses arising out of the order. For example, if the Company delivers an order to the Customer who then decides that they want to send any order left overs back to the Company, then it is the Customer who shall be liable for the entire loss costs of the order.
3.1 Credit accounts may be opened in the Company’s sole discretion, and may depend on historical trading and financial transactions with the company.
3.2 Payment for credit approved Customers is strictly 30 days from the date of invoice. Payment for Goods supplied on a credit account shall be made at the not later than 30 days from date of invoice.
3.3 In the case of credit accounts, credit limits are negotiable between the Company and its Customers, but are subject to change at the Company’s discretion.
In the event of the credit limit on a project being exceeded, the Company reserves the right to withhold the release of Goods from the Company’s premises until the Customer has made outstanding payments.
3.4 The Company may, at the Company’s sole discretion, decline to sell any Goods under a credit account.
3.5 The Company may close credit accounts on giving not less than 7 days notice to the Customer and upon the giving of the notice no further Goods may be ordered under the account and on its expiry all sums outstanding become immediately due and payable.
3.6 In the absence of credit facilities having been granted by the Company, 50% of the value of each order is required at the time of order, and the full balance on collection of the Goods. Payment shall be made to Essexford Joinery at the address Stradeen, Carrickmacross, Co. Monaghan, unless expressly agreed by the Company to the contrary.
3.7 Unless agreed to the contrary in writing, the Goods shall not be released from the Company’s premises until the Customer has made payment in full of any balance of the purchase price. Release of goods is also conditioned by clearance of the made payment in full by the bank. For example, a cheque will require clearance confirmation prior to Goods being released.
3.8 Where it is expressly agreed that the price is payable in foreign currency, all banking and similar charges shall be for the account of the Customer.
3.9 If the collection date changes from that quoted at the time of order, the Customer will be notified by phone, fax or email. In the case where the Customer fails to collect the Goods, and payment in full is not made, within 30 days of the original or revised collection date, the Customer shall forfeit the deposit paid at the time of order and the Goods shall be treated as the sole property of the Company.
3.10 Interest on overdue payments shall accrue from the date when payment becomes due from day to day until the date of payment at current bank lending rates. Interest shall become due and payable notwithstanding the fact that the account or part of it is subject to any dispute or query.
3.11 Overdue Payments or outstanding issues with a site may affect deliveries dates or supply of goods to other sites of the same Customer. The Company reserves the right to withhold the release of Goods from the Company’s premises until the Customer has made outstanding payments in accordance with the criteria set out in section 3.6, and has resolved the outstanding issues.
4.1 Lead Times quoted for collection/delivery of the Goods shall be treated as estimates only. Whilst every effort shall be made to meet these estimates for completion, they shall not be treated as contractually binding on the Company. Any delay in collection/delivery date shall not entitle the Customer to any right to claim damages or rescission of this contract. For example, down time on machines occur from time to time; which in turn can affect quoted lead times. The Company will not be liable or counter-chargeable for such issues that affecting quoted lead-times.
4.2 The Customer shall collect all Goods. Under no circumstance shall the Goods be delivered to the Customer unless the Company has granted permission in writing prior to manufacture or when agreed and documented as part of a Pre Award meeting.
4.3 The Customer shall be notified by phone, fax or email that the Goods are ready for collection. If the Goods are not collected within 30 days of notification, storage costs will apply.
4.4 The Company reserves the right to select the method of shipment and shipping agent up to the time at which the goods come under the control of the Customer.
5.1 Company Installation Instructions (QC043) should be strictly followed if the door or doorset supplied is to achieve the it’s stated fire resistance rating. If you intend to deviate from these recommendations you should first consult the Company to ascertain if the desired alteration is likely to have an adverse effect on the fire performance.
5.2 The quantity, quality, and description of the Goods shall be as set out in the Company’s quotation (if accepted by the Customer) or the Customers order (if accepted by the Company).
5.3 Where the Goods are manufactured or supplied in accordance with a description or specification provided by the Customer, the Customer shall be responsible for ensuring the accuracy and adequacy of the description or specification, and for giving the Company all necessary information relating to the Goods within a sufficient time to enable the Company to perform the contract in accordance with its terms.
5.4 The Company uses the assumption that latest Customer information relating to orders or products supersedes all other information. The Customer will be liable for any remedial works or replacement Goods required as a result of deviation from this assumption.
5.5 The Company may from time to time make changes in the description or specification of the Goods which are required to comply with any applicable safety or statutory requirements or which do not materially affect the quality or fitness for purpose of the Goods.
5.6 In the case of a contract for sale by sample, the Company shall guarantee that the bulk of the Goods provided correspond to samples presented to the Customer.
5.7 It is the responsibility of the Customer to inspect the quantity, quality and conformity to description and specification of the Goods:
5.7.1 At or within 2 days of delivery or collection, or
5.7.2 In the case of a defect arising after delivery resulting from timber movement occurring within 3 months of delivery, within 14 days of the defect becoming apparent and to notify the Company in writing within these periods and to supply full details of any defects or failure to conform or timber movement
5.8 The Company shall be under no liability whatever to the Customer for any indirect loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by the Company of this contract. For example, any work or additional work to be carried out due to late delivery from the Company will be the liability of the Customer and no counter-charge can be applied.
5.9 In the event of any breach of this contract by the Company the remedies of the Customer shall be limited to damages. Under no circumstances shall the liability of the Company exceed the Price of the Goods.
5.10 Instructions for care and maintenance will be sent to the Customer prior to the first delivery. Doors, doorframes and screens manufactured by Essexford Joinery carry a seven-year manufacturing warranty, providing the Goods are maintained according to these instructions over the warranty period. The warranty does not cover wear and tear, damage from impact after delivery, acts of vandalism and goods that have been modified or repaired by the Customer. This warranty specifically excludes Delamination, bows, or twists and is not covered by the warranty. External doors or joinery is not covered by the warranty and does not hold any guarantee from Essexford Joinery.
5.11 The Company will not accept responsibility for defective goods that have not been handled, stored, finished, installed and maintained in accordance with the Instructions for Care and Maintenance supplied to the Customer.
5.12 Post installation of the doorset into the corresponding Site Opening (in accordance with the Instructions for Care and Maintenance), Pre Hung doorsets may need minor onsite adjustments to achieve the Companys Pre Delivery doorset clearances. These minor adjustments will be the responsibility of the Customer. The Company is not responsible, liable or counter chargeable for the minor adjustments.
5.13 Pre Hung Paired Doorsets may have Square Edge meeting stiles as specified by the Architect. Post Installation minor adjustments may be required to the Square Edge doorsets to allow for Door closing i.e. a chamfer up to 4mm can be planed off the leading edge to achieve required clearance for door closing. This chamfer will not affect either the overall size of the door or the Fire Rating. These adjustments will be the responsibility of the Customer. The Company is not responsible, liable or counter chargeable for the Square Edge minor adjustments.
5.14 Upon receipt of the Goods, the Goods shall be stored until ready for installation. The storage shall be dry, enclosed, and sheltered. The temperature of the storage area shall be within 15 to 20 degrees Celsius and the Goods packaging must remain for protection from direct sunlight, ultraviolet light or artificial lighting. Moisture content range in the storage area must also be within the range limits of 10-13%.
5.15 For Health and Safety Reasons, Goods with Glass equal to or greater than 2 metres squared will be sent to site without fitted glass. The glass will be sent to site and fitted separately within 4 weeks of the Goods being sent to site.
5.16 The Customer should ensure that the moisture content of the Goods is checked immediately upon delivery with an accurately calibrated moisture meter and any complaint concerning the moisture content must be made by telephone and confirmed in writing within 48 hours of the date of delivery. In the event of a complaint being made the Goods should be thoroughly re-wrapped and stored in appropriate conditions to preserve the moisture content at the date of delivery. Failure to comply with this condition shall absolve the Company from all further liability on the claim.
5.17 With the exception of external timber, the Company will endeavour to supply the Goods with moisture content levels under 14%, but the amount of such moisture content may vary and the Company shall be under no liability for such variation.
5.18 The Customer shall ensure that the Goods once delivered to the Customer shall be stored in appropriate conditions to preserve the moisture content at the time of delivery and the Company shall not be responsible for any change in the moisture content of the Goods due to storage/installation in unsuitable conditions.
5.19 Before storing, installing, or finishing goods delivered from the Company, make sure to read and strictly follow the Instructions for Care and Maintenance of all Products contained in the Company’s Information Pack (QM003). The Company can provide further telephone advice or seek professional to help clarify regarding a particular situation. The Customer should not store, install, or finish goods from the Company if unsure of the appropriate instructions or have any complaints regarding the goods.
5.20 It is the responsibility of the Customer to ensure the goods and the environment in which the goods will be stored/installed is suitable for the goods. As a precaution to exposure to excessive heat or moisture, prior to installation of the goods, the Customer must condition the goods in the installation area and be able to provide evidence of the conditioning through recorded readings from a moisture meter over regular and appropriate date stamps.
5.21 It is the responsibility of the Customer to ensure that doorstops are fitted and correctly positioned to prevent strain and damage to the frame, door and hinge mechanisms. The Company shall not be liable or counter-chargeable for damage resulting from the absence of doorstops or incorrectly positioned doorstops.
5.22 As a good supply practice, it is strongly recommended that Essexford Joinery provide a sealer / primer coat on all External Joinery Goods supplied to our Customers. For jobs where a sealer / primer has not been requested by the Customer, it is the responsibility of the Customer to ensure at least one coat is applied immediately upon delivery to site.
5.22 It is standard practice to provide Non-Pre-Hung joinery doors to site with joggles (legs). It is the responsibility of the onsite carpenters to cut off the joggles to suit as part of the hanging process. This work is considered minor adjustments and will be the responsibility of the Customer. The Company is not responsible, liable or counter chargeable for the minor adjustments.
5.23 It is the responsibility of the Customer to ensure moisture is not allowed to penetrate the timber as a result of onsite minor adjustments. Essexford Joinery as a company is not responsible, liable or counter chargeable for issues resulting from such minor adjustments.
6. Customer Returns:
6.1 On receiving Goods, the Customer shall inspect them for defects or nonconformity, and if any, the Company shall be notified within 2 working days of receipt of the Goods (which shall be deemed to be 2 day after collection by the Customer). Notification shall be made by fax or email by the Customer outlining details of the damage or defects discovered. No repairs are to be undertaken by the Customer without prior authorisation from the Company.
6.2 The Customer, on delivery or collection, must inspect all Glass including Vision Panel Glass. Signature approval must be obtained from the Customer that all Glass has passed Customer inspections i.e. that the glass has not been broken, cracked, scraped, or damaged prior to inspections. Once the Customer signature has been obtained, the Customer forfeits all rights to claim Glass damages to the Company. Thus, the Company is not liable for Glass damage once the Glass inspection signature on the delivery docket has been obtained.
6.3 If a claim is made in respect of defective goods, the Company may travel to the premises of the Customer to inspect the Goods. Otherwise the Company shall arrange for the Goods to be collected and returned to the Company, where they shall be inspected. In the event the Company finds the Goods defective because of faulty maintenance or poor workmanship, the Company may, at our sole option, repair or replace the defective parts. If, however, it is concluded that the damage in question occurred after collection of the Goods, the Customer shall incur the cost of replacement and carriage costs.
6.4 The customer shall ensure that returned Goods are packaged and transported with due care, as the Company shall not be liable for any additional damage caused during removal and transportation.
6.5 In the case of Goods not of the Company’s manufacture, the Company will extend the Customer the benefit of any guarantee, warranty or condition that may be granted to the Company by the supplier of the Goods, and will take such steps as the Customer may reasonably require enforcing such rights.
6.6 Except in respect of death or personal injury arising from the Company’s negligence, the Company shall not be liable to the Customer for any consequential loss or damage, whatsoever or howsoever arising.
6.7 Under no circumstance, with exception of the Company grants permission in writing, is the Customer allowed to carry out remedial works on Goods supplied by the Company. If this circumstance is found to have occurred without permission being granted in writing by the Company, any resulting counter-charge by the Customer on the Company remedial works will become null and void. Any remedial works carried out by the Company as a result of Customer remedial works is chargeable to the Customer.
7. Title and risk
7.1 Risk in the Goods shall pass to the Customer at the moment the Goods are loaded into the vehicle collecting the Goods on behalf of the Customer or from the moment the Goods are being offloaded from the delivery vehicle.
7.2 In spite of delivery/collection having been made property in the Goods shall not pass from the Company until:
7.2.1 the Customer shall have paid the Price plus VAT in full; and
7.2.2 no other sums whatever shall be due from the Customer to the Company.
7.3 In the event of the Customer having accepted delivery and/or incorporating the goods into any works/product, the Company reserves the right to remove or dismantle the end product or item in order to recover the goods. The Company shall under no circumstances be liable in any way for any damage caused to the Customers works/product as a result of such a removal.
7.4 The retention of title clause does not entitle the Customer to return goods, refuse or delay payment on the grounds that the title in such goods has not passed to the Customer.
8. Force Majeure
8.1 Neither party shall be liable for any default due to any act of God, war, strike, lockout, industrial action, fire, flood, drought, tempest or other event beyond the reasonable control of either party.
9. Proper law of contract
9.1 The contract between the Company and the Customer shall be governed by and construed in accordance with Irish Law.