1. General
- No change can be made to the sizes and specifications following acceptance of the quotation.
- Dovista Irl Ltd shall not be under any obligation to check or verify the accuracy of any plans and/or specifications supplied by or on behalf of the Customer. The Customer shall be liable for any loss arising directly or indirectly from any error or inaccuracy in such plans or specifications. Where Goods are manufactured based on Customers’ designs and specifications, no guarantee is given or implied as to the suitability for the purpose for which they are used.
- No amendment or variation of these conditions shall be valid except the same shall be in writing and signed by an authorised officer or employer of Dovista Irl Ltd.
- Notwithstanding any previous correspondence, representations, warranties or other terms including those contained in any brochure, sales leaflets or otherwise between Dovista Irl Ltd and the Customer or other parties, it is agreed that these conditions of sale represent the sole and only terms and conditions of sale between the parties and all prior written or oral communications are to be regarded as superseded and not forming part of this contract.
- Any offer made by Dovista Irl Ltd to the Customer by way of Quotation shall remain valid for three months from the date of the said offer.
2. Delivery
- Time will not be of the essence in delivery.
- Dovista Irl Ltd does not guarantee delivery at specific times, Delivery times being by way of estimate only and Dovista Irl Ltd shall be under no liability whatsoever for the consequences of any delay in any Delivery howsoever arising.
- Dovista Irl Ltd shall be entitled to deliver Goods by instalments.
- The risk in the goods passes to the Customer when the Goods are delivered to a site, warehouse or other location nominated by the customer and Dovista Irl Ltd accepts no responsibility for any damage, shortage or loss in transit thereafter. The Customer must immediately upon delivery, inspect the Goods and any defect or damage, shortage or loss in transit shall be notified to Dovista Irl Ltd in writing or email within two days to Dovista Irl Ltd.
3. Liabilities
- All terms, conditions, warranties, guarantees, undertakings or representations, whatsoever whether expressed or implied by statute, common law or otherwise arising from conduct, or a prevailing course of dealings, or trade, or custom, or usage, or agreed, or offered orally, or in correspondence or otherwise howsoever are hereby excluded save as expressly provided for herein or such as are implied by Sections 12,13,14 and 15 of the Sale of Goods Act 1893, as amended by the Sale of Goods and Supply of Services Act 1980 and which Dovista Irl Ltd is thereunder precluded from excluding.
4. Warranties
- Subject to the conditions set out below, Dovista Irl Ltd warrants that the Goods will correspond with the specification provided for in the Quotation and will be free from defects in material or workmanship.
- Dovista Irl Ltd warrants in relation to Goods of its own manufacture that it will (at Dovista Irl Ltd’s choice and only on the return of the Goods) either repair or supply replacements or refund the full purchase price of any Goods which:
- are found within a period of 12 years from date of Delivery to be materially and substantially defective in respect only of faulty materials or workmanship;
- from decay from fungal or insect attack within a period of 12 years from the date of Delivery.
- from defects resulting from the application of finishing, paints, varnishes or similar substances within a period of 12 months only from the date of Delivery.
- from defects in relation to the ironmongery for a period of 3 years (to include labour) from the date of delivery and thereafter for a further 3 years on a supply of parts only basis.
- Glass; Dovista Irl Ltd warrants in relation to double or triple glazed glass units that it will (at Dovista Irl Ltd’s choice and after examination of the unit in place) supply replacement or refund the full price of any such unit which is found to be defective in regard to manufacture causing visual obstruction because of condensation or dust collection on either interior surfaces of an unbroken double glazed unit which was factory fitted by Dovista Irl Ltd for up to 10 years.Cracks due to thermal stress, freezing or thawing are not covered by this warranty.Scratched glass will not be covered by this warranty unless notified to the company in writing within 24 hours of delivery.
Any associated costs in relation to the replacing of glass are not covered by this warranty.
- Dovista Irl Ltd shall be under no liability under the above warranty:
- in respect of any defects arising from any drawing, design or specification supplied by the Customer;
- in respect of any defect arising from normal wear and tear, damage, negligence, installation or erection by the Customer; and
- in respect of any blemishes or defects arising from the occurrence of natural processes in the timber used in the manufacture of the Goods.
- Liability for defective Goods or workmanship shall be limited to the replacement value of those Goods or that workmanship. No liability shall attached to Dovista Irl Ltd for any consequential loss, whether direct or indirect.
- It is a condition precedent to any liability of Dovista Irl Ltd’s that:
- all Goods are stored in a dry place, properly stacked, slightly raised from the ground and adequately protected from the weather;
- all joinery is installed correctly in accordance with normal trade practices and adequately maintained in service in accordance with Dovista Irl Ltd’s recommendations; and
- paintwork or other protective surface finish is maintained in service and moisture is not allowed to penetrate into the timber.
- When the Goods are ordered by reference to size and colour such Order shall be subject to reasonable commercial variation and no complaints shall be made by the Customer if the Goods supplied correspond with the Order within the limits of reasonable trade practices:
- If the defects are not such as is or should have been noticed by inspection of the Goods the Customer shall notify Dovista Irl Ltd in writing or email of any alleged defects in the Goods within three days of same coming to the knowledge of the Customer or within 7 days of the date of delivery whichever shall be the earlier. Dovista Irl Ltd shall have no liability to the Customer in the event that no notice is given.
- For inward opening doors in exposed locations where the wind and water specification in our CE certification is exceeded due to extreme weather conditions.
5. Payment and Interest
- Unless agreed otherwise in writing, the due date for full payment is the date of delivery.
- Failure to make payment in full by the due date may result in immediate suspension of performance without liability, and any amounts outstanding may be recovered as a debt.
- Goods held in stock beyond 6 months from the date of acceptance of the quotation shall be paid for as if delivery has been made at that time.
- If the Customer cancels an Order the Customer shall indemnify Dovista Irl Ltd against all losses and expenses incurred by Dovista Irl Ltd whether such losses and expenses arise directly or indirectly from the cancellation and including but not limited to all losses of profit and contribution to overheads.
- Any changes or alterations to the Goods requested by the Customer which incur any cost or expense, such cost or expense shall be borne by the Customer, if the said changes or alterations are communicated to Dovista Irl Ltd after acceptance of the quotation.
6. Retention of Title
- The risk in the Goods shall pass from Dovista Irl Ltd to the Customer upon Delivery of such Goods to the Customer.
- Notwithstanding delivery and the passing of risk in the Goods, title and property in the goods, including full legal and beneficial ownership, shall not pass to the Customer until Dovista Irl Ltd has received payment in full for all Goods delivered to the Customer. Payment of the full price of the Goods shall include the amount of any interest or other sum payable under the terms of this and all other contracts between Dovista Irl Ltd or and the Customer under which the Goods were delivered.
- The Customer grants to Dovista Irl Ltd irrevocable authority and licence to enter up on the premises of or in the occupation of the Customer for the purpose of repossessing Goods where payment in respect thereof or in respect of any other monies due by the Customer to Dovista Irl Ltd has not been received.
7. Force Majeure
- If the fulfilment of the Order by Dovista Irl Ltd is prevented by matters outside its reasonable control then Dovista Irl Ltd shall be at liberty to suspend deliveries or to cancel the unfulfilled part of the Order in whole or part and shall have no liability to the Customer arising from such cancellation.
8. Data Protection
- Dovista Irl Ltd reserves the right to retain on file Customer information. This information is for the internal use of Dovista Irl Ltd only and will not be supplied to outside parties except in the enforcement of this Contract.
9. Quotations
- A Quotation may be withdrawn by Dovista Irl Ltd at any time and if not withdrawn, will automatically be void 90 days from issue.
