Terms & Conditions of Sale

The following standard conditions apply to every order accepted by Neaco

In these conditions:

• “The Company” means Neaco
• “The Customer” means any person who places an order with the Company for the supply of goods and/or services
• “Home market” means Great Britain

1. ORDERS:
   1. These conditions constitute the only terms of the contract between the Company and the Customer irrespective of any prior correspondence or dealings or any conditions appearing on or forming part of the Customer’s order.
   2. The acceptance by the Company of all orders placed by the Customer is subject to these conditions and no variation of or addition to these conditions may be made unless in writing by a Director of the Company.
   3. No contract will be concluded between the Company and the Customer until the Company has despatched its written acceptance of the Customer’s order and has approved and not withdrawn approval of the Customer’s credit.
   4. All tenders and quotations by the Company are made subject to contract and may be altered or withdrawn without notice.
   5. Where indefinite quantities specifications or margins are given on an order the Company’s interpretation of same is to be accepted and the Customer shall accept the goods as completed by the Company.
2. QUOTATION STAGE:
   1. Our offer is held open for acceptance and prices held firm for a period of three weeks from the date of quotation.
   2. All prices can be subject to fluctuation due to factors beyond the company’s control.
   3. All quotations derived from enquiries are subject to our inspection of full-size contract drawings due to various anomalies in scaling the various forms of media.
   4. Our quotation does not include for the provision of a collateral warranty.
3. PURCHASES:
   1. The purchase price for the goods will be set out in the Company’s invoice as the price ruling at the date of delivery notwithstanding anything contained in any tender or quotation unless firm prices for a fixed period have been quoted in writing.
   2. The price shall be exclusive of all carriage and VAT unless it is stated within the customer’s quotation.
   3. Our price includes for provision of all layout drawings for approval and one re-draw. Any further drawing amendments will be chargeable and will need a quotation revision.
   4. The purchase price will be payable by the Customer in strict accordance with these conditions notwithstanding any delay in delivery or performance under the contract of any adjustments or corrections of defects which may be required to the goods.
4. PAYMENT TERMS:
   1. For subcontract orders, our payment terms are as follows: 35% deposit with order, 35% prior to despatch, 30% on account (subject to credit approval). Deposit payments are non-refundable.
   2. For goods to be delivered within the home market, payment of the purchase price is due within 30 days after the date of the Company’s invoice, unless otherwise agreed in writing.
   3. For goods to be delivered elsewhere, payment is due in sterling against shipping documents in London.
   4. Interest at one per cent above the Bank rate with a minimum of 5% per annum is chargeable on all overdue invoices.
   5. Packing cases (where charged and returnable) will be credited in full if returned to the Company in proper condition, carriage paid, within three months of the date of despatch from the Company’s premises.
   6. In the event of the customers bankruptcy or Insolvency, this contract is automatically terminated and all monies due become immediately payable.
5. PROPERTY IN THE GOODS:
   1. Property in the Goods shall pass to the buyer only after payment in full has been made to the Company and until such time the Goods remain the absolute property of the Company.
   2. The Buyer authorises the Company to enter in its premises to repossess the Goods at any time prior to full payment regardless of any other matters in dispute between the Buyer and the Company and repossession by the Company shall not affect the continuing existence of the Company between the parties nor of the Company’s rights to payment.
   3. Until payment in full has been made to the Company, the buyer will keep the Goods separate from all other materials or Goods in its possession and will clearly identify the Goods as being the property of the Company.
6. TERMINATION AND CANCELLATION:
   1. Any information from the Customer necessary to enable the Company to proceed with an order must be furnished within a reasonable time, otherwise, the Company may cancel the order. Whether the order is cancelled or not, the Customer will be liable to the Company for any loss however incurred. Goods will be supplied on the basis of technical data supplied by the Customer.
   2. Cancellation Charges – in the event of cancellation after manufacture commences and prior to despatch, then the customer will be liable for the full cost of manufacture carried out up to the date of cancellation, plus 50% of the difference between that amount and the order value, whichever is greater.
7. MATERIALS:
   1. The Company selects materials with due regard to their suitability for the Customer’s requirements provided that, in the case of materials, parts or components not manufactured by the Company, the liability of the Company to the Customer is limited to the benefit of any guarantees given by the manufacturer in respect thereof, insofar as such benefit may be transmitted to the Customer.
   2. Where the Customer supplies materials, they must be of suitable hardness, temper and surface finish. Whilst every care will be exercised i working on the Customer’s own materials, the Company accepts no responsibility for any damage, errors or defects that may occur in executing the contract. The Company will not accept the return of the goods made to the Customer’s own specification.
   3. All offcuts whether from material supplied by the Customer or by the Company and all parts for which the Company has a replacement under condition 6 above will become the Company’s property.
8. QUALITY:
   1. The Company will not be responsible for the inefficient performance of the goods supplied if this is supplied due to conditions not disclosed at the time the order is accepted.
   2. The Company guarantees the goods for a period of 12 months against defects in workmanship providing that:
      1. The liability of the Company to the Customer under these conditions or otherwise howsoever in respect of or in connection with the goods will be restricted to the replacement of the goods or a refund of their purchase price (as the Company may at its option decide).
      2. The Company receives written notice of complaint within 12 calendar months of despatch of the goods from the Company’s premises.
      3. The part or parts of the goods complained of are returned at the Customer’s entire risk, suitably packed or bundled, carriage paid, to the Company.
      4. The defect has not been caused by carelessness or improper treatment after despatch from the Company’s premises.
      5. The Customer will be liable for the cost of removal and refitting of all defective parts unless otherwise agreed in writing.
      6. The Company will not be liable for any consequential loss or damage arising out of any defect of any goods or parts including, but without prejudice to the generality of the foregoing, the loss of the use of any goods and any charges incurred by the Customer in rectifying the defects and
      7. Save as expressly provided in this condition and condition 5. above all warranties, conditions, and representations whether express or implied by statute or at common law and whether collateral to the contract or otherwise are hereby excluded.
9. INSTALLATION:
   1. Where the Company provides any labour at the Customer’s premises the Customer shall indemnify the Company against the consequences of any defect or unsuitability of any tackle, plant or apparatus provided by the Customer and against any claims by the third parties at common law or statute.
   2. If applicable, site installation is based on the following:
      1. Total LADs are limited to 1% of our contract sum per week for a maximum of 10 weeks.
      2. Core drilling of concrete is not included, unless stated otherwise, and is the responsibility of the Main Contractor.
      3. All work being undertaken continuously as detailed in the attached programme of works, or phased work is subject to agreement.
      4. If installation is not continuous, additional carriage charges may be applicable.
      5. Our installation price is based on normal weekday working hours. If site working hours during the day differ, then we reserve the right to revise our quotation accordingly.
      6. Power, water, and lighting are to be provided by others.
      7. Scaffold/tower/working platform is to be provided by the main contractor, where the area to be fixed to makes it a requirement. The customer must provide suitable edge protection and a balcony crash deck where the project requires.
      8. Access to the stairway/areas of work are to be closed to traffic for the duration of work.
      9. The client is to provide suitable grounds to fix into, e.g., within hollow walls/PC floor planks. Please note; that corrugated metal deck floors will require extra stiffening to allow for structural fixing of the balustrade.
      10. If, upon visiting the site, the steelwork levels are found to be irregular or differing from the original information provided, we can offer a levelling service of up to 12mm at an extra cost.
      11. Safe access and secure storage facilities are to be available on-site.
      12. We would not be responsible for craneage or other lifting and access equipment. Lifting equipment for glass panels to be provided by the main contractor (where applicable).
      13. Unless specified, we have not taken into account wind loadings.
      14. Materials are to be placed at the area of work by the contractor. Vertical distribution of materials is not included.
      15. When drilling concrete should we strike steel or steel reinforcing we reserve the right to claim for extra drilling, and accept no responsibility for damage caused to concrete/tiles/underfloor heating when site drilling.
      16. Under normal sequencing of work, balustrade and wall rail shall be installed prior to completion of wall and floor finishes. In certain circumstances, this may not be feasible and whilst reasonable care will be taken during installation, Neaco will not be held liable for damage to finishes or any consequential losses incurred.
      17. Removal of any existing floor coverings or balustrades is not the responsibility of Neaco.
      18. Abortive site visits due to site circumstances beyond our control and work delays caused by others will be charged at £900 per day.
      19. If any additional site measures are required, an additional charge of £750 per day will be applicable.
10. DESPATCH:
    1. On despatch of goods from the Company’s premises, an advice note will be sent to the Customer.
    2. If the goods are not received within 10 days of the date of this advice note the Company must be promptly notified.
    3. Claims for missing goods will not be accepted by the Company unless this has been done.
    4. Any damaged goods or short deliveries must be notified to the Carriers and the Company is advised of the nature of the complaint so that necessary action can be taken.
    5. The Company will not be responsible for replacing missing or damaged goods unless notified.
11. DELIVERY:
    1. Delivery will be made pursuant to the following conditions; Delivery is deemed to be affected:
       1. If the Customer is to collect the goods himself, as soon as they are ready for despatch and the Customer has been so notified.
       2. In any order case as soon as the goods are despatched from the Company’s premises.
    2. Each part of delivery or instalment of the goods shall be deemed to be sold under a separate contract and no default by the Company in respect of any part delivery or instalment will entitle the Customer to refuse to accept any other part delivery of instalment.
    3. Times or dates for delivery are commercial estimates only and are not contractual obligations of the Company. The Company will make every endeavour to deliver or perform by the time or date given but will not accept cancellation or be liable for loss claimed to have arisen from delay unless agreed in writing to the contrary.
    4. On delivery, the goods are at the risk of the Customer but the property in the goods will remain in the Company until the Company has received payment in full including interest (if any).
12. DELIVERY REFUSAL:
    1. If the customer refuses to accept any delivery tendered in accordance with these conditions or fails to make any payment provided in any contract with the Company the total price for goods to be delivered under such contract will become immediately due and payable and the Company will, in addition, have the right to suspend performance of any contractual obligation to the Customer until the Company has received payment in full including interest (if any).
    2. Should the customer refuse delivery of their goods for any reason, the goods will be returned by the haulier and held in storage. Storage costs will then be charged to the customer until delivery is made.
    3. Any notice to be given by either party hereto to the other shall either be delivered by hand to the party concerned or to its authorised agent or sent by first- or second-class post to such party at such party’s last known address or (in the case of a company) to its registered office and shall if posted be deemed to be served when in the ordinary course of post the same would be delivered.
13. STORAGE CHARGES:
    1. Should the customer delay the delivery of their goods for any reason, the customer will receive a two-week grace period, after which they will be charged for storage costs until the delivery has left the Company.
    2. A charge of £120 per week will be given, or part thereof, for holding the materials and we will require payment of all storage costs in full before we are able to release the goods.
14. WARRANTY:
    1. The Customer represents and warrants to the Company that no specification in respect of goods to be supplied (including but without prejudice to the generality of the foregoing) infringes the rights of any person in any patent, trademark, design copyright or similar anywhere in the world and the Customer will keep the Company indemnified against all loss, damages, claims, costs, charges, expenses and demands incurred, suffered or made by or against the Company as a result of any breach of such representation and warranty.
    2. A 12-month standard warranty applies to all goods. An Extended Warranty is also available for all Neaco products only if the customer registers the products with the company within 60 days from the last invoice date. Full criteria for these are under “Extended Warranties” on the Company’s website.
15. FORCE MAJEURE:
    1. Neither party shall be liable for any failure to perform its obligations under this order due to events beyond its control, such as natural disasters or acts of government.
    2. Neaco shall be entitled to delay or cancel delivery or to reduce the amount delivered if the order is prevented from or hindered in or delayed in manufacturing obtaining or delivering goods through any circumstances out of our control; including but not limited to acts of God, accident, riots, war, terrorist acts, pandemics, natural catastrophes, governmental acts or omissions, changes in laws or regulations, national strikes, fires, explosions, or generalised lack of availability of raw materials or energy.
    3. Each party shall notify the other of any such occurrence.
16. RETENTIONS:
    1. We do not accept retentions.
17. RETURNS:
    1. The Company must be notified in writing of any returns within 7 days of delivery.
    2. No items can be returned until the Company has confirmed what will be accepted.
    3. It is the responsibility of the purchaser to arrange carriage back to Neaco.
    4. A handling charge of 25% will apply and an additional 10% charge for repacking will be levied where packaging is damaged/opened.
    5. We cannot accept returns for any items that have been made to order.
    6. Any damaged goods must be reported in writing upon receipt of delivery and recorded on the courier’s paperwork.
18. ENGLISH LAW:
    1. The conditions are governed in all respects by English Law and the Customer submits to the jurisdiction of the English Courts.