Terms and conditions for the sale of goods and services

Version: 1.0
Effective Date: 01/02/2021

1.0 INTRODUCTION

1.1 This Website is owned solely by ITIR LIMITED

1.2 Please read these terms and conditions carefully. They apply when you buy any goods via this site or by phone and to our measuring / installation services. Please print or save these terms for future reference, we will not keep a file copy specifically for the transaction with you and we cannot guarantee that they will remain accessible on our website in future.

1.3 Where we refer to “Consumer” below we mean an individual acting for purposes which are wholly or mainly outside that person’s trade, business, craft or profession.

1.4 We are legally required to remind Consumers that we are under a legal duty to supply goods that are in conformity with the contract. Furthermore, nothing below affects Consumers’ legal rights in relation to goods that are not in conformity with the contract, whether because they are faulty, not as described or otherwise. You can get advice about your legal rights from your local Trading Standards office or Citizens' Advice Bureau.

1.5 Where you communicate with us on behalf of a company / organisation, you promise that you have authority to act on behalf of that entity.

1.6 We may change these terms and conditions at any time. Please check them carefully as they will apply to anything you buy after the effective date shown at the top.

2. BASIS OF CONTRACT

2.1 The Order constitutes an offer by the Customer to purchase Goods in accordance with these Conditions. The Order shall only be deemed to be accepted when ITIR LIMITED issues written or verbal acceptance of the Order or begins to actively fulfil the Order at which point and on which date the Contract shall come into existence (“Commencement Date”). Any Orders for Bespoke Goods must be made in writing and will not be accepted by telephone.

2.2 Any samples, drawings, descriptive matter or advertising issued by ITIR LIMITED and any descriptions or illustrations of the Goods presented on our website or brochures are issued or published for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form part of the Contract or have any contractual force. Images of the Goods on the Our website is for illustrative purposes only. ITIR LIMITED cannot guarantee that a device display of the colours accurately reflects that colours of the Goods.

2.3 These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing. Any quotation given by ITIR LIMITED and any prices stated in any brochure price list, catalogue or the website shall not constitute an offer, and is only an indication which must be confirmed by ITIR LIMITED.

3. GOODS & BESPOKE GOODS

3.1 The person/s submitting a bespoke order is fully responsible for ensuring that its Order and all measurements, diagrams, dimensions and all other content or information included in the Bespoke Goods Specification is complete and accurate and ITIR LIMITED shall have no liability in respect thereof. ITIR LIMITED reserves the right to amend the Bespoke Goods Specification if required by any applicable statutory or regulatory requirement, and ITIR LIMITED shall use reasonable endeavours to notify the Customer in any such event.

3.2 Where Bespoke Goods are to be manufactured, the Customer shall indemnify ITIR LIMITED against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by ITIR LIMITED arising out of or in connection with any claim made against ITIR LIMITED for actual or alleged infringement of a third party’s Intellectual Property Rights arising out of or in connection with ITIR LIMITED’s use of the Bespoke Goods Specification. This clause 2.2 shall survive termination of the Contract.

4. DELIVERY OF GOODS

4.1 The Customer agrees, acknowledges and accepts that ITIR LIMITED uses a courier service for delivery of the Goods and accordingly cannot guarantee that delivery will be made on the date expected. The Customer agrees to use its best endeavours to mitigate any losses which may be incurred by any late delivery including but not limited to by:
(a) not booking any fitters or other third parties in connection with the delivery, installation or fitting of the Goods until such time as the Goods have actually been received and inspected; and
(b) not arranging to close or delay the opening of any premises for the purposes of such delivery, installation or fitting of the Goods until such time as the Goods have actually been received and inspected.

4.2 for any failure to deliver the Goods (or any part of an Order) to the extent that such failure is caused by a Force Majeure Event or the Customer’s failure to provide ITIR LIMITED with adequate delivery instructions for the Goods, any relevant instruction related to the supply of the Goods or any other Customer default.

4.3 Subject to 4.2
(a) in respect of any deficient delivery or missing Goods subject to an Order, the Customer shall notify ITIR LIMITED by telephone within 24 hours of the date upon which part of the Order was delivered and shall confirm such non delivery in writing within 3 days from the delivery date. ITIR LIMITED’s liability for a failure to deliver all of the Goods subject to an Order shall be limited to providing such missing Goods to the Customer as soon as reasonably practicable; and
(b) in respect of any non-delivery of an Order at all, the Customer shall notify ITIR LIMITED of such missing Order within 7 days of the invoice date and ITIR LIMITED’s liability shall be to provide the Goods under such missing Order as soon as reasonably practicable.

4.4 If ITIR LIMITED is unable to provide the missing Goods under clause 4.3(a) or 4.3(b), its liability shall be limited to the reasonable and proportionate costs and expenses incurred by the Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods.

4.5 If the Customer fails to notify ITIR LIMITED in accordance with clause 3.9, the Goods shall be deemed to have been delivered in accordance with the terms of the Contract and ITIR LIMITED shall have no liability in respect thereof.

4.6 If the Customer fails to take delivery of the Goods within three (3) Business Days of ITIR LIMITED attempting delivery, then except where such failure or delay is caused by a Force Majeure Event or by ITIR LIMITED’s failure to comply with its obligations under the Contract in respect of the Goods: (a) delivery of the Goods shall be deemed to have been completed at 9.00 am on the third Business Day following the day on which ITIR LIMITED notified the Customer that the Goods were ready; and (b) ITIR LIMITED shall store the Goods until delivery takes place, and charge the Customer for all related costs and expenses (including insurance).

4.7 If ten (10) Business Days after ITIR LIMITED notified the Customer that the Goods were ready for delivery the Customer has not taken delivery of them, ITIR LIMITED may resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, account to the Customer for any excess over the price of the Goods or charge the Customer for any shortfall below the price of the Goods. ITIR LIMITED may deliver the Goods by instalments, which shall be invoiced and paid for separately. Each instalment shall constitute a separate contract. Any delay in delivery or defect in an instalment shall not entitle the Customer to cancel any other instalment.

4.8 ITIR LIMITED may (in its sole discretion) permit the Customer to return Goods after delivery provided always that:
(a) the Goods have not been removed from their packaging or in any way handled, modified or installed (such that they are no longer in a saleable condition (in the opinion of ITIR LIMITED))
(b) the Goods are not Bespoke Goods.
(c) the Goods are returned to ITIR LIMITED at the Customer’s cost within 30 days of delivery; and
(d) the Customer pays to ITIR LIMITED a restocking fee of the higher of £15 and 15% of the total price of the Goods being returned.

5. QUALITY OF GOODS

5.1 ITIR LIMITED warrants that on delivery, the Goods shall conform in all material respects with their description and any applicable Bespoke Goods Specification, be free from material defects in design, material and workmanship; be of satisfactory quality (within the meaning of the Sale of Goods Act 1979) and be fit for the purpose held out by ITIR LIMITED.

5.2 Subject to clause 5.3, ITIR LIMITED shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in full if the Customer gives notice in writing within fourteen (14) days of delivery in respect of a defect that is apparent on visual inspection that some or all of the Goods do not comply with the warranty set out in clause 5.1, ITIR LIMITED is given a reasonable opportunity of examining such Goods, and the Customer (if asked to do so by ITIR LIMITED) returns such Goods to ITIR LIMITED’s place of business at the Customer’s cost.

5.3 ITIR LIMITED shall not be liable for the Goods’ failure to comply with the warranty in clause 5.1 if the Customer makes any further use of such Goods after giving a notice in accordance with clause 5.2, the defect arises because the Customer failed to follow ITIR LIMITED’s oral or written instructions as to the storage, installation, commissioning, cleaning, use or maintenance of the Goods or (if there are none) good trade practice, the defect arises as a result of ITIR LIMITED following any drawing, design or Bespoke Goods Specification supplied by the Customer, the Customer alters or repairs such Goods without the written consent of ITIR LIMITED, the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions, the Goods differ from their description or the Bespoke Goods Specification as a result of changes made to ensure they comply with applicable statutory or regulatory standards.

5.4 The Customer acknowledges that most of our goods are dyed and that batches can vary slightly in colour and shade. ITIR LIMITED shall not be liable for any goods which have minor variations. Accordingly, we cannot guarantee that colour and shade of any goods will be identical to any previous order or to any sample or to the way that the goods are displayed on our website.

5.5 Except as provided in this clause 5, ITIR LIMITED shall have no liability to the Customer in respect of the Goods’ failure to comply with the warranty set out in clause 5.1. The terms of the Conditions shall apply to any repaired or replacement Goods supplied by ITIR LIMITED