Terms and Conditions
Glutz UK Ltd.
11 Finch Drive, Springwood
Industrial Estate
CM7 2SF Braintree
United Kingdom
General
The following terms apply to all contracts, independently, whether for purchasing, equipment or supply contracts.
We will supply and perform exclusively on the basis of these conditions, both now and in the future, even if the conditions are not again expressly agreed.
At the latest, upon supply and performance, these terms will apply and will be assumed as accepted.
Counter-confirmations, in which the contractual partner refers to his terms of business, will not be accepted.
Offer and completion of contract
Tenders are provisional and without obligation. Verbal statements by our employees and all orders require our written confirmation to be legally effective; this also applies for additions, amendments or secondary agreements.
Drawings, illustrations, weights and dimensions or other performance data are only binding, if this is explicitly agreed in writing.
For the extent of the supplies or performance, the agreed written statements of both sides are definitive, If an order is given or supply takes place through us, without the existence of mutually agreed written statements, our confirmation of order is definitive.
Deliveries
Any discrepancies in relation to delivery such as shortages or incorrect goods should be notified to us in writing within 14 days of the delivery being made.
For goods with a value in excess of GB £500.00 our prices are inclusive of delivery to the customer by normal freight consignment. The supplier reserves the right to determine the method of dispatch according to the type of product. For all express parcels, post and goods direct consignments, the freight or postage will be fully charged. For bulky goods over 2 m in length, we reserve the right to charge a proportion of the freight costs.
Small quantity supplements apply as follows: for consignments under a net value of £500.00 a surcharge of £12.50 towards delivery costs. For delivery direct to site a charge of £15.00 will be applied.
Deliveries Outside United Kingdom
Small quantity supplements apply as follows: for consignments under a net value of £750.00, carriage will be charged at cost. Return of goods requires our explicit agreement. There will be a handling charge of 50% of the value of goods. Any necessary refurbishing will be charged according to the required expenditure. Time limits for deliveries and performances With regard to time limits for delivery and performance, the mutually agreed written statements are definitive. If no concrete dates are agreed, the delivery or performance time must be notified to us in reasonable time so that we can deliver or perform within our normal operating time.
We are not responsible for delivery and performance delays due to acts of God or because of events, which considerably hinder or make delivery impossible - including in particular, strike, lock-out, orders of the authorities, etc., even in cases where binding time limits and dates have been agreed. Such acts entitle us to postpone completely or partly the delivery or performance, by the duration of the hindrance, plus a reasonable amount of response time, or to withdraw from that part of the contract which is not yet fulfilled.
Meeting any time limits assumes the punctual receipt of all the documents to be supplied by the client, necessary authorizations, releases and other obligations. If these prerequisites are not fulfilled on time by our contractual partner, the time limits will be extended appropriately.
If the dispatch or the delivery is delayed at the request of the customer, then, starting one month after communication that the goods are ready for dispatch, storage costs will be charged to the customer in the amount of 1% of the invoice total for each month begun. We reserve the right to make further claims.
Transfer of risk
The risk is transferred, even if carriage paid delivery has been agreed, when our warehouse has prepared the goods for despatch.
If we are also engaged to provide installation services, risk is transferred upon inspection and approval, but at the latest within a week, after we have requested inspection and approval in writing.
Rights of Ownership
Until all amounts owing are paid, including all outstanding amounts owing from the current account, to which we are entitled for any legal reason now or in the future, the following guarantees will be granted to us, which shall be released upon request, where their value persistently exceeds the amounts by more than 20%.
The goods remain our property. If our ownership ceases through merger, then it is now agreed, that ownership of assets passes to us at the proportional value (invoice value). The property is to be kept free of all charges against it, for us. Goods remaining our property will be denoted hereinafter as reserved goods. This condition applies equally to shared ownership.
The reserved goods may be used and sold in the proper course of business, as long as there are no arrears. Mortgages or protective transfers are not permissible. Regarding the reserved goods, amounts owing realized due to resale or other legal reason, including all the balance amounts from the current account, are now transferred to us in total as a guarantee. However, the amount owing transferred to us may be collected by the contractual partner, provided that this entitlement is not revoked. Revocation can only occur, if our contractual partner does not fulfil his payment obligations as agreed. In the case of access of third parties to the reserved goods,our rights of ownership are to be pointed out and we are tobe informed immediately.
In the case of payment default we are entitled to take back the reserved goods, and if necessary to demand the transfer of the handing over of amounts owing to our contractual partner by third parties. Such retrieval and seizure of the reserved goods by us, insofar as the hire-purchase law does not apply, does not amount to a withdrawal from the contract.
Terms of payment
Unless otherwise agreed, our terms are net monthly. Any queries relating to goods invoiced should be notified to us in writing, within 7 days of receipt of the invoice. Amounts owing for labour are payable exclusively after 8 days net. Invoices and statements will only be sent by us digitally.
A payment is considered to have been made only when the funds are at our disposal. In the case of cheques, the payment is considered to have been made only when the cheque is cleared. We do not accept cash payments.
If there is default in payment, from the time in question, we are entitled to charge interest at the overdraft rate for current accounts charged by commercial banks, but at least 4% above the current discount rate of the Barclays Bank Plc.
If the payment obligations are not fulfilled, in particular if a cheque is not cleared, or if payments are discontinued, or if other circumstances become known to us, which put into question the credit worthiness of our contractual partner, we are entitled to make the whole of the remaining debt due. In addition, we reserve the right to demand guarantees.
Product performance
Where the product performance is not firmly stated in our catalogues, brochures, specifications, etc., the performance requirements of the individual mountings and locks must be agreed with us.
The performance capability of mountings and locks is, amongst other things, dependent on frequency of operation, method of operation, environment and maintenance.
Product maintenance
The operation of the lock, locking mechanism, mounting and striking plate, etc. in accordance with specifications is to be checked and established.
Only cleaning materials, which contain no corrosion-developing constituents, can be used.
Information and instruction duties
To provide information and instructions, the following documentation will be at the disposal of specialist dealers, key services, architects, planners, advisory institutions, processors or users:
- catalogues, brochures;
- instructions for installation, operation and maintenance;
- on-site advice and training
With regard to selecting locks and mountings, as well as installation, operation and maintenance:
Architects, planners and advisory institutions must request from us and heed all necessary product information.
Specialist dealers must heed the product information and in particular request all necessary instructions from us and pass them on to the fitters and users.
Processors must heed all product information and in particular request from us operation and maintenance instructions and pass them on to the customers and users.
Guarantee
We only accept liability towards our contractual partner; therefore guarantee claims are not transferable.
We guarantee the perfect operation of the products supplied by us as well as of the equipment supplied by us and the durability of all the mechanical, electrical and controlling components, with the exception of wearing components, for a period of 24 months from the transfer of risk. We undertake no guarantee for damages, which are based on improper use of the item supplied by us or on natural wear and tear. In addition, any guarantee obligation lapses, where installation, operating and maintenance instructions are not followed, changes in the item supplied are carried out, or components are replaced, which do not correspond to our original specification. The guarantee for commissioning, installation and maintenance services complies with our requirements.
During the guarantee period we will eliminate free of charge and immediately any defects, at the establishment of our contractual partner. Where the rectification of defects required at another site, any additional costs are to be reimbursed to us.
We can request that the defective part for repair and subsequent return is sent to us, or the defective part made available.
We must be given the necessary time and opportunity for the performance of all necessary measures within the scope of the obligations undertaken by us. Only if we do not fulfil our obligations after repeated attempts does the right exist for the contractual partner to eliminate the defect himself or to have it eliminated by expert third parties, and to demand from us compensation for the costs, where these are reasonable.
We accept liability for repairs performed by us to the same extent as the item supplied, but only for a period of 6 months. The time limit begins with the day of inspection and approval of the repair. If the repair also fails after repeated reasonable attempts, or if we allow a time limit set by us for the elimination of a defect for which we are responsible to pass, through our fault, without a satisfactory result, the contract may be withdrawn from or a reduction in payment may be demanded. This right also exists if we culpably infringe our duty to eliminate the defect.
Place of jurisdiction and applicable law Place of jurisdiction is England. However, the supplier is entitled to sue the customer at his location.
The legal relationship is subject to material English law.
01.01.2013
