1. Unless Down Town New London Ltd (“The Company”) expressly agrees in writing, these conditions shall apply to the present contract and all future contracts between the Company and any purchaser, and no conditions inconsistent therewith shall be deemed to override or vary these conditions, unless expressly agreed in writing by the Company. Unless specifically agreed in writing by the Company, no condition contained in the purchaser’s order shall apply to the sale of products.
3. The Company reserves the right to modify these conditions at any time and without notice. Any subsequent orders will be subject to the changes.
4. The Company considers that the purchaser is knowledgeable with roofing and the applicable legislation.
5. The price due for the items requested is as specified on the Company’s website at the time the order is placed, plus any shipping and insurance charges specified in the order form. The Company reserves the right to modify these rates at any time and without notice.
6. Occasionally, a mistake may occur on the Company’s web site, resulting in wrong pricing of goods, in which case the Company is not obligated to deliver the items at the incorrect price.
7. While the prices payable for items listed on the Company’s website may occasionally change from those given in price lists and promotional advertising, the Company is not obligated to honour prices offered if they differ from the prices published on the Company’s website. All of the Company’s pricing assertions, regardless of source, are “invitations to treat.”
8. Subject to paragraph 9, the Company must receive payment in full for the items ordered, as well as any relevant delivery charges, before an order may be fulfilled, unless the Company has agreed in advance in writing.
9. For account clients, payment in full must be received prior to the end of the month following the invoice date. Payment must be made promptly. The Company reserves the right to withdraw credit if payment is not made on time, in which case interest at the rate of 10% per month will be charged on the outstanding balance. This shall apply from the payment due date until the Company receives payment in full (including any accumulated interest), whether before or after judgement, as well as any reasonable legal or other recovery expenses. The customer is responsible for any orders placed by authorised employees of the purchaser, and the Company is not obligated by any individual order limit imposed on authorised employees of the purchaser. The purchaser shall notify the Company in writing immediately if the purchaser’s authorised employee is no longer authorised to place or receive orders.
10. In the event that the Company is unable to collect payment for deliveries under this or any other order/contract, the Company has the right to postpone, halt, or cancel deliveries at its discretion.
11. Payment may be made using any of the payment methods indicated in the Payment section. While the Company will take reasonable steps to safeguard the purchaser’s order and payment information, the Company cannot be held accountable for any losses incurred as a consequence of unauthorised access to the purchaser’s information.
12. The Company shall deliver the items in line with the purchaser’s order, generally within the specified delivery period, but in any case within 30 days. If the Company fails to make the products accessible to the customer within 30 days of receiving the purchaser’s order, the purchaser may cancel the transaction by contacting the Company prior to delivery. A valid signature from an adult of 18 years or older will be required upon collection or delivery. If the purchaser does not get all of the items within the given delivery time, the purchaser shall promptly tell the Company. The customer must not arrange or begin any installation work until the entire order has been received and inspected for flaws or missing pieces. The Company will not consider any order placed with the Company to be time-sensitive.
13. The customer shall not be allowed to reject items due to minor flaws in the manufacturing, fabrication, packaging, or transportation processes.
14. Unless the Company and customer agree otherwise, delivery is limited to mainland UK.
15. For health and safety considerations, and to avoid causing damage to the delivery address’s property, the majority of products can only be delivered to the exterior of a ground floor position at the delivery address. The customer must consequently arrange for the transportation of the relevant item from the delivery place at their own risk. Unless otherwise agreed, the Company will not perform unpacking, installation, or fitting services upon delivery.
16. The purchaser shall take all reasonable steps to ensure delivery on the specified date and location. If the purchaser delays or fails to take sufficient actions to ensure delivery, the Company will attempt to arrange for an alternate delivery date within 30 days after the failed delivery. If delivery is delayed due to circumstances beyond the purchaser’s reasonable control, the purchaser shall bear the expense of re-delivery. If the Company is unable to schedule a re-delivery date, the Company may cancel the transaction and return the purchaser’s payment for the products, less the expenses of the failed delivery.
17. The Company may email the purchaser to confirm receipt of the customer’s order and to confirm order details. Please note that neither email constitutes approval of the purchaser’s order.
18. Without prejudice to Clause 16, upon delivery of the products to the customer, the purchaser accepts responsibility for the items. Regardless of delivery, ownership to the products does not transfer to the customer until the Company receives full payment for the items. Until title in the goods passes from the Company, the purchaser must retain them in fiduciary capacity as bailee and shall store them separately from any other items in the purchaser’s possession and properly labelled as the Company’s property at the purchaser’s expense.
19. Availability of all commodities is subject to change. If the Company is unable to furnish the items, it will notify the customer. Where the purchaser has already paid for the products, a refund will be issued; however, in the event of an account customer, the Company may, in its sole discretion, raise a credit to offset the invoiced amount.
20. Without limiting Clause 19, the Company maintains the right to revise, update, or adjust its product specification without notice at any time as part of its policy of continuous improvement or in the case of non-availability of purchased-in parts.
21. The Company accepts no liability for goods damaged during transit unless a note to that effect is made on the driver’s delivery document when signed for, photographic evidence is provided and e-mailed or posted to the Company and the carrier of the goods within three days of receipt of the same, and each of them has an opportunity to inspect the goods.
22. Written notification of the loss or non-delivery of any items must be provided within three days of shipment to enable the Company to pursue any required or reasonable claim against the carrier.
23. The purchaser may cancel an order by notifying the Company in writing within 30 days of delivery to or collection from the Company’s premises. Notification may be made via letter, fax, or email. If the customer cancels due to a defect in the products, the Company must be informed of the defect at the time of cancellation.
24. If the customer returns undesirable things for any reason other than the items being broken, inaccurate, or inappropriate replacements, the purchaser will be charged a restocking fee of 35% of the item’s value.
25. If the purchaser cancels for any reason, the products must be returned at the purchaser’s expense unless the Company agrees to dispose of them, in which case the purchaser must follow the manufacturer’s recommendations for disposing of dangerous items. Where products are returned due to being defective, inaccurate, or because the Company made an improper substitute, the Company will cover the cost of return providing the Company nominates the carrier.
26. If the items are returned, a refund less the above-mentioned re-stocking fee will be applied, if all other requirements are satisfied. However, the Company does not accept returns on bespoke or customised goods, such as cut materials. Due to the short shelf life of adhesives, primers, and pastes, unopened tins will only be accepted if returned within 14 days following delivery from the Company.
27. The Company will declare any claim worthless if it is the result of negligence / vandalism / subsidence / accident / abuse or acts of violence, regardless of how they occur, environmental contamination, or atypical weather circumstances.
28. All warranty claims must be submitted in writing to the Company’s headquarters.
29. The customer is responsible for ensuring that the delivery and installation of the product comply with all applicable statutes, orders in council, regulations, and directions of the government, municipal, or other authority, including obtaining all necessary licences, permits, and authorities.
30. Any modification to any portion of this agreement, including these terms and conditions, renders this agreement null and void.
31. The Company’s liability for any claim, whether in contract, tort, or otherwise, or for any loss or damage arising out of this contract shall in no event exceed the price paid by the purchaser to the Company for the goods giving rise to the claim; in no event shall the Company be liable for any lost profits or special or consequential damage suffered by the purchaser, including any interest charges.
32. If the purchaser is a consumer, this does not impair the purchaser’s statutory rights.
33. The items are designed for use in the United Kingdom only, and the Company cannot guarantee that they conform with any applicable laws, regulations, or other requirements outside the United Kingdom. All items are sold in accordance with the manufacturer’s specifications and are subject to any conditions, representations, or instructions included in the accompanying paperwork.
34. If the purchaser is a trade client and subject to Clause 27, the Company shall have no liability to the purchaser or, if the purchaser is carrying out work for another person, to any other person, for the purchaser’s use or installation of any products. As such, if the purchaser is a trade customer, the purchaser agrees to indemnify and keep the Company harmless from any responsibility arising from any claim or allegation that the Company is liable for any failures in the installation or use of products supplied by the Company.
35. While Down Town New London does not offer installation services, we are frequently asked by clients for recommendations of reliable tradespeople to install the things we sell. We make every effort to ensure that any tradespeople or businesses recommended by our staff and/or listed on the Website are legitimate, reputable, and possess the necessary credentials, membership in and/or approval by trade-related bodies, organisations, and associations, which includes the completion of manufacturer-approved product training prior to any recommendation or listing on the website. However, because this information is gathered directly from tradespeople and businesses, we cannot be held liable for any errors or inaccuracies in it, or for the suitability or quality of any services or work performed by such third parties recommended by Down Town New London Ltd staff and/or listed on our Website.
36. Our suggestion of a tradesperson or business and/or their inclusion on our Website do not always constitute our endorsement.
36. We disclaim any responsibility for any transactions between you and such third parties.
37. Those who sign the Trade Credit Account Application Form on behalf of limited companies do so as guarantors and irrevocably agree to guarantee the payment of all monies owed to the Company by the applicable limited company if the Company believes the limited company will be unable to meet its obligations.
38. In the event that the limited company enters receivership, liquidation, or administration, the guarantor promises to pay to the receiver, liquidator, or administrator, as applicable, such sum as would allow him to pay all sums owing to the Company by the limited company.
39. The Company may postpone further supply or delivery, halt any goods in transit, or terminate the Company’s contract with the purchaser verbally or in writing if the purchaser breaches an obligation hereunder, becomes unable to pay debts as they fall due, or if proceedings are instituted against or by the buyers alleging financial crisis or insolvency. Upon termination, the purchaser’s debt to the Company immediately becomes due and payable, and the Company is under no further duty to furnish products to the customer.
40. The Company shall not be liable to the purchaser for any failure or delay in supply or delivery, or for any damage or defect in goods supplied or delivered hereunder, caused by any occurrence or condition without the company’s reasonable control (including, without limitation, strikes, lockouts and other industrial disputes).
41. If any term of these conditions is found to be invalid, unlawful, or unenforceable (including any provision in which the Company disclaims obligation to the purchaser), the validity, legality, and enforceability of the other provisions of these conditions will not be impacted. This contract is regulated and construed by English law.
42. All trademarks, trade names, service marks, and copyright referred to in this publication are the property of their respective holders. The Company or its affiliates do not provide authorization for any other person to use such brand names, product and service names and titles, or copyright, and such use may constitute an infringement of the holder’s rights.
43. All designs, text, and visuals on the Company website, as well as their selection and arrangement, are the property of the Company or its affiliates or content suppliers. The user is permitted to electronically copy or print elements of this site for personal, non-commercial use. Any other use of materials on this site is absolutely forbidden without the prior written authorization of the Company, their respective affiliates, or content sources. By accessing the website, the purchaser undertakes not to change or adapt any of the site’s material, or to produce any derivative work from it.