290 Springview Commerce Drive Debary Florida 32713
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Terms & Conditions<
TERMS AND CONDITIONS OF SALE
In these Conditions, the following definitions apply:
Company means Folding Sliding Doors LLC (registered in Florida), trading as ‘The Folding Sliding Door Company’.
Conditions means the terms and conditions set out in this document.
Contract means the contract between the Company and the Customer for the sale and purchase of the Goods and Services in accordance with these Conditions.
Customer means the person or firm who purchases the Goods (or any part of them) and Services from the Company. A person includes a natural person, corporate or unincorporated body (whether or not having a separate legal personality).
Goods means the goods (or any part of them) set out in the Order.
Managing Director means the managing director of the Company from time to time.
Order means the Customer’s order for the Goods and Services, as set out in the completed Order Form submitted to the Company.
Order Form means the Company’s standard order form provided to the Customer.
Services means the services (if any) to be provided by or on behalf of the Company as set out in the Order.
Subject to the provisions of these Conditions, phrases defined in the 2000 edition of Incoterms have the same meaning when used in these Conditions.
(i) These Conditions shall apply without modification and to the exclusion of all and any other conditions including any appearing in any quotation, form of acceptance, delivery form or other document or letter emanating from the Customer to the Company unless otherwise agreed by the Managing Director in writing.
(ii) The Contract constitutes the entire agreement between the parties. The Customer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Contract which is not set out in the Contract.
(iii) Nothing in these Conditions shall restrict the rights of a Customer dealing as a consumer.
(iv) Where the Customer comprises two or more persons the liability of those persons under these terms shall be joint and several.
3 Acceptance of orders
(i) All Orders are placed and accepted by the Company only under and subject to these Conditions.
(ii) Save where credit is given to the Customer by the Company, Orders are only accepted with the appropriate cleared payment in full and a correctly completed Order Form.
(iii) In instances where credit is given to the Customer by the Company, such Orders are then additionally subject to satisfactory references.
(i) Prices quoted or agreed by the Company are unless otherwise agreed in writing:
- exclusive of any applicable tax, duty or levy;
- be calculated in U.S. Dollars;
- given only as indications made in good faith and are subject to variation or withdrawal without notice. In any event, a quotation shall only be valid for a period of fourteen days from its date of issue;
- exclusive of delivery, duties, fees, freight, carriage and insurance charges or any other charges of any nature whatsoever; and
- variable at the Company’s discretion to account for fluctuations after the date of the Order but before despatch in (without limitation) costs, labor, material prices and/or service charges to the Company via exchange rate fluctuation or otherwise.
(ii) Errors and omissions by the Company in importing the agreed terms into the written quotation shall entitle the Company either to submit to the Customer a revised quotation including if applicable a quotation for any works or materials not in contemplation when preparing the preceding quotation and this preceding quotation shall have no effect or to proceed with the existing quotation at the Company’s sole option.
(i) Subject to clause 5(ii) full payment for the Order shall be made prior to the delivery date agreed between the Company and the Customer, this shall be cleared funds, which also includes Visa and Mastercard; check payments shall allow an extra five days for funds to clear. The order will not be commenced until such time as the funds have cleared.
(ii) Where credit is given to the Customer by the Company (and unless otherwise agreed in writing by the Company), all Customer accounts shall be paid in full without any deduction whatsoever by the last working day of the month following the month of the Order, and all monies received by the Company shall be applied to accounts outstanding in the Company’s books by order of age (starting with the oldest).
(iii) All payments shall be calculated and paid in U.S. Dollars
(iv) If payment has not have been made in accordance with this clause 5, the Company shall be entitled to (a) void the Order and (b) if credit terms have been agreed by Company and Purchaser has not made payment pursuant to 5(ii), customer agrees to pay interest on all past due sums at 1.5% APR per month. These rights shall exist without prejudice to any other right(s) of the Company.
(v) The Company reserves the right at any time at its discretion to demand security for or vary the terms and method of payment, for continuing with or delivering the Goods or Services in satisfaction of the Order, notwithstanding any subsisting agreement to provide credit to the Customer. The Company shall notify the Customer in writing of such variations.
(vi) Purchaser shall be liable for all costs and expenses incurred by Company including attorney’s fees arising out of any default by Buyer/Customer in payment or in any of the other terms and conditions herein between Purchaser and Company.
(vii) We reserve the right to add any tax imposed by law.
(viii) Should the Customer fail to make any payment on the due date then the Company shall be entitled to cancel any existing supply contract with or suspend any further deliveries to or collections by the Customer and also appropriate any payments made by the Customer for such other materials, goods or services supplied to the Customer under any contract as the Company may think fit notwithstanding any purported appropriation by the Customer. The Company shall not incur any liability to the Customer in respect of such cancellation or suspension and this right shall exist without prejudice to any other right of the Company.
6 Right of set-off
Any sum payable by the Company to the Customer on any account may at any time be offset by the Company, at the Company’s sole discretion, against any sums payable by the Customer to the Company.
7 Cancellation of Order
If the Customer:
- being a company, has a petition presented for its winding up or any administration or passes a resolution for voluntary winding up otherwise than for the purpose of bona fide amalgamation or reconstruction or enters a scheme of arrangement or voluntary arrangement of compound or makes any proposals to or enters into any arrangement with his creditors or has a receiver or manager or administrative receiver appointed over all or any part of its assets; or
- being a natural person or firm, has a petition presented for his or its bankruptcy or becomes bankrupt or insolvent or enters into any arrangement with his or its creditors or makes or has made an application for interim order in connection with a proposal to creditors or voluntary arrangement; or
commits a material breach of this Contract, including (without limitation) breach of the Company’s assigned credit limit for the Customer, receipt of an adverse credit status report of the Customer by the Company or withdrawal of the Company’s credit insurance cover for the Customer, then the Company shall be entitled to treat the Contract as being at an end and/or suspend any further deliveries under the Contract or any other arrangement between the parties. If the Goods have been delivered and/or Services supplied but in either case are not paid for, the price shall become due immediately regardless of any previous agreement to the contrary.
(i) Any statements made by the Company as to the time or date for delivery of the Goods or supply of the Services for completion of any work are an approximate estimate based on trading conditions at that time.
(ii) The Company may deliver or complete any Order in stages or instalments and each such delivery shall constitute a separate contract. Delivery shall be made to the place(s) and by the method(s) specified by the Company (or if none, ex works or, for export sales, FOB U.S. port or airport). The Customer’s or its carrier’s receipt shall be conclusive evidence of delivery.
(iii) Charges for delivery of materials are not included in the quotation unless specified. Delivery charges are to be paid by the Purchaser.
(iv) Delivery periods are non-binding in as much as nothing else has been expressly agreed. The Company is not liable for any delay in the delivery of the Goods nor is it liable if it is inhibited from delivering Goods, materials or Services or executing work for any causes beyond its control, such causes may include (without limitation) an act of god, force majeure, war or hostilities, legislation, government order or direction, and strike, lock-out, labour disturbance, civil commotion, fire, accident, breakdown of machinery, or any lack or shortage of labour or materials, or reduction, or delay or default of Company’s suppliers and/or subcontractors, and in any such case the Company is to be released from any obligation to complete the Contract with the Customer by a particular time. This right exists without prejudice to the Company’s right to recover payment for Goods already delivered or work already done.
(v) If agreed between the parties, the Goods may be collected by the Customer. Collection of the Goods must take place within seven days from the agreed collection date or the dates notified by the Company as available for collection or the date of this Contract whichever is later. Thereafter the Customer will incur storage charges at the rate currently applied by the Company. Details of such storage charges may be obtained by the Customer at its request from the Managing Director.
(vi) Upon collection of the Goods, the Customer shall be solely responsible for the size, weight and positioning of any load on its vehicle and shall fully indemnify the Company for any claims or action arising therefrom.
(vii) Where the Company agrees to deliver the Goods delivery shall be to the nearest hard metalled road surface. The Customer shall be entirely responsible for the prompt unloading of the Goods and the provision of suitable labour and equipment.
(viii) The Customer shall take delivery or accept the Goods within the time limit provided in these Conditions. If the Customer fails to accept the Goods or to give the Company adequate delivery instructions the Company will store the Goods until actual delivery to the Customer or until the Goods are disposed of. The Customer shall be liable for the costs of such storage and insurance of the Goods. Alternatively the Company may sell the Goods at the best price readily obtainable and the Customer shall be liable to pay the costs of the sale. If the Goods are sold for less than the price payable by the Customer, the Customer shall be Iiable to pay the Company the difference in price.
(ix) The Customer undertakes to obtain and comply with any necessary export/import licences, permits and consents for the supply and delivery of the Goods. The Customer shall ensure that all Goods sold to the Customer shall comply with all legal and customary requirements prevailing in all jurisdictions into which those Goods may be shipped or resold.
(x) Notwithstanding delivery, title in the property of the Goods shall not pass unless it is in accordance with clause 10.
9 RETURN POLICY – NO REFUND OR EXCHANGES
10 Inspection, Testing and Quality/Performance/Title
The Customer should refer to the terms, conditions and exclusions of the Limited Warranty, which can be found for review on our website www.fsdc.us, and Florida Statute Chapter 672.
11 LIMITATION OF LIABILITY
(i) THE COMPANY SHALL UNDER NO CIRCUMSTANCES WHATEVER BE LIABLE TO THE CUSTOMER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, FOR ANY LOSS OF PROFIT, OR ANY INDIRECT OR CONSEQUENTIAL LOSS ARISING UNDER OR IN CONNECTION WITH THIS CONTRACT; AND
(ii) THE COMPANY’S TOTAL LIABILITY TO THE CUSTOMER IN RESPECT OF ALL OTHER LOSSES ARISING UNDER OR IN CONNECTION WITH THIS CONTRACT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, SHALL IN NO CIRCUMSTANCES EXCEED THE PRICE OF THE GOODS STATED IN THE ORDER (EXCLUDING TAX).
- The Customer may not assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under this Contract without the prior written consent of the Company. The Company may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under this Contract.
A waiver of any right or remedy under this Contract is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
Except as set out in these Conditions, any variation to the Contract, including the introduction of any additional terms and conditions, shall only be binding when agreed in writing and signed by the Managing Director.
- Should any provisions of these Conditions be held by a competent authority to be invalid or unenforceable in whole or in part then the validity of the remaining provisions shall not thereby be affected.
- If any invalid, unenforceable or illegal provision of the Contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
- A person who is not a party to the Contract has no rights under or in connection with it.
- The provisions of clauses 10, 11, 15 and 16 shall survive termination of this Contract.
- This Contract is governed by Florida Law and the Customer agrees for the Company’s exclusive benefit that the Orange County, Florida courts shall have sole jurisdiction to hear all claims or disputes connected with the Goods or the Contract.