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Metal Gutter Manufacturers Association

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Terms and ConditionsTerms & Conditions

These are the terms and conditions of sale of Saint-Gobain PAM Ltd whose registered office is at Lows Lane, Stanton By Dale, Ilkeston, Derbyshire DE7 4QU (registered with company number 56433 and registered for VAT purposes with number 56433) ('we' or 'us'). These terms will apply to all your purchases of Goods, whether you are ordering online, by telephone or by mail. Please read this document carefully after printing it off or downloading it (if you are using the Internet) before placing your order.

We may change these terms from time to time. Please check them before you make another purchase.

GENERAL

  1. In these conditions:
    1. "Consumer" means any mainland UK customer who is purchasing outside the course of his or her business or trade;
    2. "you" means the Consumer submitting an order for Goods for delivery to mainland UK;
    3. "Goods" means the cast iron rainwater and gutter systems and associated fixings to be supplied under these conditions;
    4. "Party" means either you or us; "Parties" means you and us;
    5. "Writing" means letter, fax or email.
  2. The contract for supply of Goods ("Contract") will be formed when we accept your order. Acceptance of an order by us can only be made in Writing. Once the Contract has been formed with you we will file it in electronic or paper copy for our records.
  3. In deciding whether to accept your order we may carry out a credit check and then will only accept your order if we are satisfied with the results of such check. You confirm that you are happy for us to carry out such check.
  4. These conditions may only be changed in a document signed by one of our directors.
  5. These conditions and any matters referred to on our quotation or order acknowledgement (as appropriate) form the entire understanding between you and us and supersede any prior promises, representations (unless fraudulent) or undertakings.
  6. Any omission or error in any sales literature, web page or site, order form, quotation, price list, order acknowledgement, despatch note, invoice or other document issued by us may be corrected by us without liability.
  7. By accepting the Contract you are confirming that you are a Consumer.
  8. The provisions of the Contracts (Rights of Third Parties) Act 1999 are expressly excluded from the Contract so that no third party may claim any rights under this Contract.
  9. Clause headings are for convenience only and do not affect the interpretation of these conditions. Words in the singular include the plural and vice versa.
  10. We do not accept orders for the Goods for delivery outside mainland UK.

WARRANTY

  1. If the Goods which you purchase from us are faulty or do not do what we say in Writing that they will do, you should notify us in writing within 28 days of delivery or within 12 months of delivery for defects which are not apparent to you on an inspection of the Goods. We will examine the Goods and, if the Goods are faulty or do not do what we say in Writing that they will do, will, either remedy the defect in question, replace the defective Goods or refund the price of the defective Goods.
  2. The warranty in 2.1 above does not apply to faults which have been caused by your mis-use and/or neglect of the Goods or by accidents caused while the Goods are in your possession.
  3. Where you return Goods under condition 2.1 we will pay for the delivery of any repaired or replacement Goods to you and will, where you have returned Goods to us within 28 days of delivery, reimburse your reasonable carriage (or, if applicable, postage) costs in returning the Goods. We will not be liable for any carriage or delivery costs where you are not entitled to return the Goods to us under these conditions or by law.
  4. You must return all Goods to us in suitable packaging in substantially the same condition as you bought them and you should ensure that all returned Goods bear a return identification number clearly visible on the exterior (such number may be obtained from us prior to return of the Goods by you).

LIMITATION OF LIABILITY

  1. We will not be liable to you by way of representation (unless fraudulent), common law duty or under any express or implied term of the contract for:
    1. any losses which are not foreseeable by both Parties when the Contact is formed arising in connection with the supply of Goods or their use by you;
    2. any losses which are not caused by any breach by us;
    3. business or trade losses; or
  2. Our entire liability in connection with the Contract will not exceed one and a half times the purchase price of the Goods in question.
  3. Nothing in this Contract means that our liability to you for death or personal injury resulting from our negligence or that of our employees, agents or subcontractors is limited.

PRICE

  1. The price for the Goods is stated on our quotation or order acknowledgement (as appropriate). All prices are in £ sterling, are exclusive of VAT and delivery charges and the cost of insurance, all of which will be added to or charged on invoices at the appropriate rates and paid by you.
  2. We may vary the price where the cost to us of acquiring or supplying the Goods is increased between the date of quotation or order acknowledgement (as appropriate) and delivery and including, without limitation, increases in the cost of carriage, packaging or insurance or arising a change in delivery date at your request, changes in quantities or specifications for Goods requested by you or delay caused by your instructions PROVIDED THAT we will notify you in writing in good time prior to delivery of such price increases and you may cancel your order within 7 working days of this notice if you are unhappy with the price increases.

PAYMENT

  1. Unless we agree otherwise in Writing, you must pay for Goods prior to their despatch to you by such means as we may notify you of.
  2. Where you do not make any payment to us under the Contract by its due date then, we may, in addition to any other rights which we have under this Contract:
    1. withhold further deliveries;
    2. suspend performance of the Contract until arrangements as to payment been established on terms which are satisfactory to us.

DELIVERY

  1. We will deliver the Goods to the place designated by you in the UK in the accepted order or quotation, as appropriate, during normal business hours.
  2. Unless otherwise expressly agreed in Writing, any delivery date or time specified by us in any quotation, despatch note or otherwise is a best estimate only and we will not be liable to you for any loss or damage sustained by you if we fail to meet that time scale because of circumstances beyond our reasonable control.
  3. If you become unable to pay your debts (or have no reasonable prospect of so doing), make an arrangement with your creditors, suffer a bankruptcy order or breach your payment obligations under the Contract, then we may, as well as any other rights which we have under this Contract, immediately terminate the Contract and suspend or cancel further delivery.

RISK AND TITLE

  1. Ownership of the Goods will pass on payment and the risk for damage to the Goods will pass to you upon delivery.
  2. If you fail to pay for any Goods in accordance with these conditions we may bring action against you for the price of the Goods at any time.

DAMAGE OR LOSS IN TRANSIT

  1. We shall repair or replace, free of charge any Goods damaged or lost in transit where delivery has been made by our carrier, provided that you give us written notification of such damage or loss within 3 days of the date of delivery (so that we may comply with our carrier's conditions of carriage).

SPECIFICATION

  1. Where we have put drawings, photographs, illustrations, specifications, performance data, dimensions and the like in sales literature, on web pages or other documentation, we believe they are accurate. However, you should not take them to be a description of the Goods or representations made by us and we do not warrant that they are accurate.
  2. We will use our reasonable endeavours to advise you of any such impending variation in the specification of the Goods as soon as we are able. You must check specifications for Goods prior to making an order. You may cancel the Contract according to your rights set out in condition 10, below.

YOUR RIGHT OF CANCELLATION

  1. Under the United Kingdom's Distance Selling Regulations, you have the right to cancel the Contract for the purchase of any of the Goods within 7 working days of delivery. A working day is any day other than weekends and bank or other public holidays. We will be happy to exchange the Goods or provide you with a full refund provided that, where delivery has taken place, you have returned the Goods to us in the same condition that they were delivered. This right of return is in addition to any other rights, warranties or conditions available to you.
  2. If you exercise your right of cancellation after the Goods have been delivered to you, please call our Customer Service Help Line on 01952 262502 and obtain a returns number. Goods should be returned by carrier or, if the Goods can be returned by post, by recorded delivery service. The return address is:
    1. Saint-Gobain Pipelines PLC, Station Road, PO Box 3, Sinclair Works, Ketley, Telford, Shropshire, TF1 5AD
    2. Please note that you will be responsible for the costs of returning the Goods to us. This condition 10.3 shall not apply where we delivered the Goods to you in error or the Goods are faulty.
    3. If you do not return the Goods as required when exercising your right of cancellation under this condition 10, we may charge you a sum not exceeding the direct costs of recovering the Goods.

DELAY OR FAILURE TO PERFORM

  1. We shall not be liable to you if we are prevented or delayed in the performing of any of obligations to you if this is due to any cause beyond our reasonable control including: an act of God, explosion, flood, fire or accident; war or civil disturbance; strike, industrial action or stoppages of work; any form of government intervention; a third party act or omission; failure by you to give us a correct delivery address or notify us of any change of address.

ASSIGNMENT

  1. We may freely assign, sub-contract or otherwise transfer in whole or in part the Contract PROVIDED THAT the quality of Goods supplied to you is not affected. You may not however do so without our Written agreement.

PRIVACY STATEMENT

  1. This statement sets out our policy in relation to the holding and using of information, which we may obtain from you when you order Goods from us. Where you have provided us with information about yourself, we will only use this information to process your order of Goods from us as provided in this Contract. Otherwise, we will not pass information we hold about you to any organisation.

GOVERNING LAW

  1. The Contract is governed by the laws of England and the English courts shall have the non-exclusive jurisdiction to resolve any disputes arising out of or under it.
  2. No waiver by us of any breach of the Contract by you is considered as a waiver of any subsequent breach of the same or any other provision.