STANDARD TERMS AND CONDITIONS OF SALE
In these conditions ‘POLYFRAME ‘ includes Polyframe Halifax Ltd (No 10239156),
Polyframe Norwich Ltd (No 9008412), Polyframe Aluminium Ltd (No 9319659) and Polyframe Composite Doors Ltd (No 8123501)
or any of them and together or individually they are referred to as the ‘COMPANY’ and
the purchasing entity is referred to as the ‘CUSTOMER’
1. These conditions shall apply to all commercial dealings between the company and the
customer and all quotations given orders accepted and contracts made by the company
shall be subject to them. All conditions of the customer and other terms, conditions or
warranties whatsoever are excluded from the contract and the customer accepts that this
document comprises of the entire agreement notwithstanding the provisions of this clause
the terms and conditions of agreement between the company and the customer may be
varied by the owner of the company in writing.
2. Any quotations given or offer made by the company shall be open for acceptance by the
customer for a period of 30 days from the date thereof and may be withdrawn by the
company within such period by giving written or oral notice to the customer of its intention
to withdraw the same.
3. (i) All prices quoted by the company are exclusive of VAT, which will be added to the
amount invoiced at the rate prevailing at the time of invoice together with any other
(ii) The price invoiced to the customer shall be that prevailing at the time of despatch and
notwithstanding any prior estimate or quotation given to the customer shall be subject
to fluctuation caused by but not restricted to increase in costs incurred by the
company as a consequence of any increase in costs of raw materials, manufacture,
packaging, transport or other direct or indirect costs. Any such increase will be added
to the price quoted by the company and the adjusted amount will be invoiced to the
4. (i) Unless otherwise agreed in writing by the company, payment shall be made by the
customer without any deduction.
(ii) In the event that the customer defaults in making payment to the company when
payment is due and payable in accordance with the provisions of this agreement,
the company shall have the right to cancel the agreement and any other contract
between the company and the customer and to suspend all further deliveries of goods
to the customer until the default is made good and further without prejudice to any
other right or remedy available to the company against the customer to charge
interest on any amount outstanding at a rate of 4% above the base rate of Lloyds
Bank PLC at the time of default until the account is settled and notwithstanding that
the customer may allege settlement to with-hold payment.
(iii) Where goods are delivered to the customer by instalments the company may at its
discretion invoice each instalment separately.
(iv) No dispute arising under the contract shall interfere with the customers obligation to
make prompt payment in full for all goods sold and delivered by the company or to
the customers order.
5. (i) Any time given for delivery by its servants or its agents shall be an estimate only and
although the company shall endeavour to deliver the goods within the period of the time
stated, time is not of the essence of the contract and the company shall not be liable
for any loss, costs, damage or expense caused to the customer whether directly or
indirectly by reason of the company’s failure to comply with any delivery time stated
and further the customer shall have no right to cancel any order given to the company
or refuse to accept delivery of the company’s goods.
(ii) Notwithstanding that the customer shall take delivery of the goods at the time they are
due and ready for delivery, the company may at its sole discretion postpone delivery
at the request of the customer, provided always that the customer shall be responsible
to pay all reasonable costs, including but not restricted to the cost of storage and
insurance arising from postponement of delivery.
6. Cancellation by the customer will only be agreed by the company on the condition that all
costs and expenses incurred by the company at the time of cancellation, including the
loss of any profit, shall be paid by the customer on demand by the company.
7. Notwithstanding that risk in the goods shall pass on delivery, full legal and equitable title
and interest in all and any goods supplied to the customer shall remain in the company
and shall not pass to the customer until the company shall have received payments in full
of all amount due and owing from the customer to the company for the time being
(including any interest accrued and owing to the company) and from time to time in respect
of all such goods and all other goods supplied by the company at any time and the
customer shall permit the company’s servants or agents to enter its property to repossess
the goods at any time prior thereto. In the event that the customer deals with the goods
so that their identity is no longer ascertainable or resells them prior to obtaining title the
company’s property in the goods shall attach (a) to the proceeds of the sale, which shall
be placed in a separate bank account and shall be held on trust for the company and shall
not be mixed with other money or paid into an overdrawn bank account and shall be at all
material times identified as the company’s money or (b) to any claim for such proceeds or
(c) to the products into which the company’s goods may have been made or become
merged to the full extent of the company’s claim against the customer.
8. (i) Until the property in the goods has passed to the customer, the customer shall hold
the goods and each of them on a fiduciary basis as bailee for the company and the
customer shall store the goods separately from all other products at the customer’s
place of business (at no cost to the company) and shall mark the goods in such a way
that they are clearly identified as the company’s property.
(ii) If the goods are delivered to the customer otherwise than by the company’s transport,
the risk shall pass to the customer at the time of despatch from the company’s
premises whether or not the company arranges transport on behalf of the customer.
9. (i)The company shall not be responsible for any loss, damage, cost, detriment or
expense whatsoever, however, arising if manufacture or delivery of the goods is
delayed or hindered by act of God, governmental intervention or restriction, hostilities,
civil commotion, fire, flood, accident, machinery breakdown, strike, lockout, non
delivery of goods by the company’s suppliers, or any other cause or circumstance
whatsoever beyond the reasonable control of the company and on the occurrence of
any of the above events, the company reserves the right to cancel the agreement or
suspend delivery of the goods to the customer.
(ii) The company shall in any event not be liable for any consequential loss or damage to
the customer whatsoever or however arising or for any other loss of profits or damage
to property and the company’s liability shall not exceed the limitations set out in this
10. (i) The customer shall have no claim for shortages or defects, which are not apparent
upon examination of the goods, unless the customer notifies the company within 5
working days of delivery of the goods and a written complaint is received at the
company’s registered office within 5 days thereafter if the goods were transported to the
customer by the company’s transport or within such a period as may be specified in the
conditions of carriage, if the goods were transported to the customer by carrier.
(ii) In the event that the customer alleges that the goods are defective the customer must
give the company the opportunity to examine the goods and investigate any complaint
made and if upon inspection the goods are shown to be defective, the company will at
its sole discretion repair or replace with a satisfactory alternative or substitute goods or
refund to the customer the cost of the defective goods. If the company repairs the
goods or replaces them with alternative or substitute goods, the customer shall be bound
to accept such goods and the company shall not be responsible or liable for any delay,
damage, detriment or expense to the customer arising from the initial delivery to the
time that such goods are repaired or replaced and in no circumstances shall the liability
of the company exceed the cost of the replacement, or the price paid by the customer
(iii) The customer shall have no claim in respect of defects which are not apparent upon
inspection following delivery to the customer unless notice is given to the company
within 5 working days of such defect becoming apparent or when such defect should
have come to the knowledge of the customer in the ordinary course of events. Notice
must be given to the company in writing and the provisions of sub clause (ii) shall apply
equally in such circumstances.
(iv) Complaints made by the customer shall not be a ground for the customer to delay
payment of monies due to the company and shall not give rise to any right of set off.
11. (i) The customer shall determine the suitability of the company’s products for the
customers intended purpose and shall be deemed to be satisfied that they meet the
customer’s particular requirements.
(ii) Any drawing, illustration or information contained in the company’s advertising, sales,
technical or the literature is for guidance only and shall form no part of this contract
unless otherwise specifically agreed by the company in writing.
12. The contract may be determined by the company in whole or in part by notice given in
writing without prejudice to any other right or remedy accrued or accruing to the company
if the customer is in breach of these conditions, or if a receiving order is made against the
customer or a receiver or manager is appointed to all or any of the assets the customer or
its undertaking or if the customer shall become bankrupt or insolvent or shall compound
with its creditors or if a company shall resolve to be wound up otherwise than in the case
of a solvent company for the purposes of reconstruction or amalgamation or shall be
ordered to be wound up or shall carry on its business under a receiver for and on behalf
of its creditors or any one of them.
13. All drawings, documents and information supplied by the company to the customer are
supplied on the strict understanding that copyright is vested in the company and that the
contents are confidential and shall not be replicated or disclosed to any third party other
than with the written consent of the company.
14. The waiver by the company of any breach of any of the terms of this agreement shall not
prevent the subsequent enforcement of that term and shall not be deemed to be a waiver
of a subsequent breach.
15. If any term or provision of this agreement shall be found to be unenforceable for any
reason whatsoever then this agreement shall be constructed as if such term or provision
was specifically excluded from it.
16. This agreement shall be governed by and constructed in accordance with English Law and
the company and the customer shall submit in all matters or disputes arising out of this
agreement to the exclusive jurisdiction of the Courts of Law of England.
DATA PROTECTION ACT 1998
1. We may transfer information about you to our financiers, who:
(a) may use, analyse and assess information about you, including the nature of your
transactions, and exchange such information with other members of their group of
companies and others for credit or financial assessment, market research, statistical
analysis, insurance claim, underwriting and training purposes and in making payments
and servicing their agreement with us:
(b) from time to time, may make searches of your record at credit reference agencies
where your record with such agencies may include searches made and information
given by other businesses; details of their searches will be kept by such agencies
but will not be seen by other organisations that may make searches;
(c) may give information about you and your indebtedness to the following:
(i) our or their insurers for underwriting or claims purposes;
(ii) any guarantor or indemnifier of your or our obligations to enable them to
assess such obligations;
(iii) their bankers or any advisers acting on their behalf;
(iv) any businesses to whom your indebtedness or our arrangements with our
financiers may be transferred – to facilitate such transfer;
(d) may monitor and / or record any phone calls you may have with them, for training
and / or security purposes;
(e) in the event that they transfer all or any of their rights and obligations under their
agreement with us to a third party, may transfer information about you to enable the
third party to enforce their rights or comply with the obligations.
2. We will provide you with details of our financiers on request, including a contact
telephone number if you want to have details of the credit reference agencies and other
third parties referred to above from whom they obtain and to whom they may give
information about you. You also have a right to receive a copy of certain information
they hold about you if you apply to them in writing. However a fee will be payable.
In this statement ‘POLYFRAME‘ includes Polyframe Halifax Ltd (No 10239156), Polyframe Norwich Ltd (No 9008412),
Polyframe Aluminium Ltd (No 9319659) and Polyframe Composite Doors Ltd (No 8123501)
or any of them and together or individually they are referred to as the ‘COMPANY’ and the purchasing entity is referred to as the ‘CUSTOMER’
Your privacy is important to POLYFRAME. This privacy statement provides information about the personal information that POLYFRAME
collects, and the ways in which POLYFRAME uses that personal information.
This document was created using a Contractology template available at http://www.freenetlaw.com.
Personal information collection
POLYFRAME may collect and use the following kinds of personal information:
- information about your use of this website (including details of the product being ordered, name and address of delivery and your company
information at when you register;
- any other information that you send to POLYFRAME.
Using personal information
POLYFRAME may use your personal information to:
- [administer this website;]
- [personalise the website for you;]
- [enable your access to and use of the website services;]
- [publish information about you on the website;]
- [send to you products that you purchase;]
- [supply to you services that you purchase;]
- [send to you statements and invoices;]
- [collect payments from you; and]
- [send you marketing communications.]
Where POLYFRAME discloses your personal information to its agents or sub-contractors for these purposes, the agent or sub-contractor in question
will be obligated to use that personal information in accordance with the terms of this privacy statement.
In addition to the disclosures reasonably necessary for the purposes identified elsewhere above, POLYFRAME may disclose your personal information to the
extent that it is required to do so by law, in connection with any legal proceedings or prospective legal proceedings, and in order to establish,
exercise or defend its legal rights.
Securing your data
POLYFRAME will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.
POLYFRAME will store all the personal information you provide [on its secure servers].
[Information relating to electronic transactions entered into via this website will be protected by encryption technology.]
Cross-border data transfers
Information that POLYFRAME collects may be stored and processed in and transferred between any of the countries in which POLYFRAME operates to
[In addition, personal information that you submit for publication on the website will be published on the internet and may be available around the world.]
You agree to such cross-border transfers of personal information.
Updating this statement
You should check this page occasionally to ensure you are familiar with any changes.
This website contains links to other websites.
POLYFRAME is not responsible for the privacy policies or practices of any third party.
- by email to email@example.com; or
- by post to Polyframe Halifax, Gibbet Street, Halifax – HX1 4JR.
|You must retain the “Credit” section in this document. If you wish to use the document without the “Credit” section (e.g. to project a more professional image) then you can get a license to do so here: http://www.contractology.com/precedents/freenetlaw-license-privacy-statement.html
It is an infringement of our copyright to use the document without the “Credit” section and without paying the license fee.