Innovation through outdoor spaces
GENERAL TERMS AND CONDITIONS OF SALE
In these Terms and Conditions the following expressions will have the following meanings unless inconsistent with the context:
“Dandek” Dandek Global Ltd of 427-431 London Road, Sheffield.S2 4HJ
“Customer” The person(s), firm or company whose order for the Goods is accepted by Dandek Global Ltd
“Contract” any contract between Dandek Global Ltd and the Customer for the sale and purchase of the Goods formed in accordance with Condition 2
“Goods” any Goods which Dandek Global Ltd supplies to the Customer (including any of them or any part of them) under a Contract
“Services” any installation Services which Dandek Global Ltd provides to the Customer (including any of them or any part of them) under a Contract
“Terms and Conditions” the standard terms and conditions of sale set out in this document together with any special terms agreed in writing between the Customer and Dandek Global Ltd and attached to these terms and conditions
FORMATION AND INCORPORATION
1.1 The Contract will always be upon these Terms and Conditions, to the exclusion of all other terms and conditions and all previous oral or written representations including any terms or conditions which the Customer purports to apply under any purchase order, confirmation of order or similar document, whether or not such document is referred to in the Contract.
1.2 Each order or acceptance of a quotation for Goods or installation services will be deemed to be an offer by the Customer to purchase Goods or installation services upon these Terms and Conditions. The Contract is formed when the order is accepted by Dandek. No contract will come into existence until the acceptance either orally, by email or in writing of an order by Dandek. Dandek
1.3 Any quotation is valid for a period of 30 days only from its date, provided Dandek has not previously withdrawn it.
1.4 Dandek may cancel the Contract at any time prior to delivery or performance.
2.1 The quantity and description of the Goods and/or Services will be as set out in the order form/specification. All samples, drawings, descriptive matter, specifications and advertising issued by Dandek and any descriptions or illustrations contained in Dandek’s catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Goods or Services represented by or described in them. They will not form part of the Contract and this is not a sale by sample.
2.2 Any installation of Goods or Services assumes Monday to Friday, 9am to 5pm working. If the Customer requests performance at any other times not previously defined in the contract, these may incur overtime rates.
2.3 Extra charges may be incurred where we encounter unexpected situations that cause delay ie. discovery of asbestos, unsafe working environments, waiting for other trades, access, health and safety issues or if your requirements have changed. If we are unable to work all day because of the foregoing, and are forced to leave site early, extra labour costs may be charged.
2.4 Duration of contract, if shown in any documentation, of any Installation of Goods or Services by Dandek is for estimation and administration purposes only. Deviation from any estimated installation time or estimate will in no circumstances be cause for any change in costs or remuneration rates as defined in the contract unless covered by clauses 2.2 and 2.3.
PRICE AND PAYMENT
3.1 The price for the Goods and/or Services will be the price set out in Dandek’s order form current at the date of acceptance of order and is exclusive of any costs of packaging and carriage, VAT and any other applicable sales tax or duty.
3.2 All outstanding payments that make up part of this order will become payable on the day of installation or delivery.
3.3 All payments to be made by the Customer under the Contract will be made in full without any set-off, restriction or condition and without any deduction for or on account of any counterclaim.
3.4 Dandek may at any time suspend the provision of the Goods or the Services if the Customer is late in making any payment due to Dandek.
3.5 If any sum payable under the Contract is not paid when due then, without prejudice to Dandek’s other rights under the Contract, that sum will bear interest from the due date until payment is made in full, both before and after any judgment, at 2% per annum over Barclays Bank plc base rate from time to time and Dandek will be entitled to suspend deliveries of the Goods or performance of the Services until the outstanding amount has been received.
4.1 The Goods shall be delivered to the Customer’s premises. The installation Services will be performed at the location agreed between the Customer and Dandek and as specified on the order form or at such location as otherwise agreed in writing between Dandek and the Customer.
4.2 Delivery of the Goods will be accepted at any time of day. If the Customer fails to take delivery, the Goods will be deemed to have been delivered and Dandek, without prejudice to its other rights, may at its option store or arrange for storage of the Goods until actual delivery and charge the Customer for all related costs and expenses (including, without limitation, storage and insurance).
4.3 Dandek will use reasonable endeavors to deliver or perform each of the Customer’s orders for the Goods and/or Services within the time agreed when the Customer places an order and, if no time is agreed, then within a reasonable time, but the time of delivery or performance will not be of the essence. Any delay in delivery or performance will not entitle the Customer to cancel the Contract.
4.4 By signing the Order, the Customer accepts and understands that the supply of goods and equipment is undertaken in isolation and total separation from any other order or contract to supply telecommunications network services or broadband. These services, whilst arranged via Dandek are provided by a 3rd party supplier, and therefore Dandek has no ultimate control over the installation processes or timescales of these services. Dandek therefore will have no liability to the Customer in respect of any delay or failure of Dandek or other companies/network providers and can accept no responsibility for missed dates, inability to comply with the Customers timescales or any acts or omissions of any third party of any kind. Unless clearly stated, all line/network/broadband costs are not included in this quotation and in every case, non — performance or availability of any network services, whether related to a client’s order or not does not constitute grounds for nonpayment for goods and installation services.
5.1 All Goods will remain the property of Dandek until the price of such Goods has been paid in full (in cash or cleared funds).
5.2 Risk in the Goods however will pass to the Customer from the date of delivery, and the Customer is responsible for insuring the Goods from the moment of delivery.
6.1 Dandek will not be liable to the Customer for any failure or delay or for the consequences of any failure or delay in performance of the Contract, if it is due to any event beyond the reasonable control and contemplation of Dandek including, without limitation, acts of God, war, industrial disputes, protests, fire, flood, fraud, tempest, explosion, an act of terrorism and national emergencies and Dandek will be entitled to a reasonable extension of time for performing such obligations.