1a. VERTIK-AL LTD . only accepts orders on the basis of these terms and where applicable the Special Conditions of the quotation which together supersede all representations, negotiations and orders and constitute the entire Agreement between the parties to the exclusion of all other terms, conditions and warranties whatsoever and whether appearing in the customer’s order form or otherwise.
1b. Customer’s should always obtain a written quotation from VERTIK-AL LTD.
1c. Customer’s are warned that deliveries to VERTIK-AL of articles for processing are accepted only on the basis of any ruling quotation and these Terms, or in the absence of any ruling quotation then solely on these Terms.
1d. No condition in any order form or despatch note of the customer shall bind VERTIK-AL LTD without its written agreement.
1e. The processing by VERTIK-AL LTD, of the customer’s article shall not be deemed acceptance by VERTIK-AL LTD, of any conditions sought to be imposed by the customer by virtue of its order form or despatch note.
2a. QUOTATIONS
Quotations remain firm (subject to Clause 2b below) for 30 days from their date unless stated on the particular quotation form. VERTIK-AL LTD. may withdraw a quotation at any time before the customer accepts. The customer’s acceptance shall be either by notice to VERTIK-AL LTD. or by delivery of the articles covered by the quotation. Quotations based on drawings without samples of the articles to be processed are provisional and subject to VERTIK-AL LTD. confirmation on receipt of the sample of the articles in question.
2b. All quotations are based on the current costs to VERTIK-AL LTD. of labour and materials as at the date of the quotation. In the event of any increase of these costs, VERTIK-AL LTD. reserves the right to increase its prices accordingly.
3a. PAYMENT
Payment shall be made by account by the end of the month following the month of delivery against invoice. Customers who do not have approved accounts with VERTIK-AL LTD. shall pay cash on delivery or against proforma invoice.
3b. No debit notes will be accepted by the Company, unless agreed in writing and the goods have been returned to the Company.
3c. No discount is payable in respect of payments by the due date but where payment is not made by the due date, VERTIK-AL LTD. may without prejudice to its other remedies under these Terms charge interest from the due date on the overdue payment at the rate of 1.5% per month or 2.5% per annum above VERTIK-AL LTD’s. London Clearing Bank Minimum Lending Rate as published in the Financial Times, whichever is the greater. Should VERTIK-AL LTD. Exercise its option under this clause, interest shall be payable from the date on which payment was due until payment. For the purpose of these Terms payment means receipt of value to VERTIK-AL LTD’s account enabling VERTIK-AL LTD. to deal freely with the amount received.
4a. DELIVERY
VERTIK-AL LTD. shall make all reasonable efforts to deliver the material within the time stipulated in the quotation or otherwise agreed in writing by VERTIKAL LTD., but these times or dates are given and intended only as an estimate.
4b. VERTIK-AL LTD. shall not be responsible for any loss or damage indirect or direct caused to thecustomer by reason of the late delivery.
4c. Unless the point of delivery is within any area normally served by VERTIK-AL LTD’s own transport. Carriage charges will be made unless otherwise stated on the quotation.
5a. LIEN
VERTIK-AL LTD. has a general lien on all goods and articles of the customer in its possession for all monies due from the customer whether in relation to previous agreements or otherwise. Where VERTIK-AL LTD. supplies metals or fabricated parts, title shall only pass to the customer on payment to VERTIK-AL LTD.
6a. WASTAGE
In the treatment of large quantities of material some wastage will take place and by trade custom due allowance for this wastage should be made by the customer. Accordingly, VERTIK-AL LTD. shall have no liability for wastage to the extent that it is reasonable in all the circumstances.
6b. The extent of the wastage will depend on the nature of the article and the processing and finish required.
6c. Customer’s should in discussing any quotation with VERTIK-AL LTD. obtain an estimate of the wastage customary in the processing of that particular kind of article. Any estimate given by VERTIK-AL LTD. in this regard is given purely as a guide.
7a. QUALITY
In the event that the customer is dissatisfied with the quality of the finish and work carried out by VERTIK-AL LTD. the customer shall give immediate written notice to VERTIK-AL LTD. to enable the complaint to be investigated before the remainder of the delivery is used or returned.
7b. If the complaint in VERTIK-AL LTD’s reasonable opinion is upheld then VERTIKAL LTD. shall at its option reprocess the goods free of charge or credit the customer with an amount of up to twice the original processing charge.
7c. Where appropriate VERTIK-AL LTD. shall reimburse the customer with the cost of returning the defective goods.
7d. The customer has selected VERTIK-AL LTD’s processes on its own appraisal.
7e. The customer’s remedies under this clause are subject to the following clause relating to notice of
claims.
7f. In no event shall VERTIK-AL LTD. be liable for rejects arising from unsuitable fabrication or faulty material or surface condition but shall be entitled to charge for processing or any additional costs incurred thereby. Where customers require goods to be checked prior to processing, they must notify the Company in writing.
7g. This clause does not affect the customer’s rights under VERTIK-AL LTD’s guarantees for architectural costings where applicable.
8a. NOTICE OF CLAIMS
Any claim by the customer is respect of work carried out by VERTIK-AL LTD., its servants or agents shall be notified to VERTIK-AL LTD. in writing by the customer within ten days of the date of delivery of the material to which the claim relates except in the case of successive or instalment deliveries of the same finish where the claim must be made within three days or else subsequent deliveries will be able to the same standard.
8b. Any claim by the customer in respect of non-delivery of the whole or any part of the delivery of the goods shall be notified to VERTIK-AL LTD. in writing by the customer within ten days or the relevant advice of despatch or receipt of that part of the delivery as the case may be.
8c. Any claim by the customer for damage in transit, deviation, mis-delivery, delay or deterioration shall be notified both to the carrier and to VERTIK-AL LTD. in writing by the customer otherwise than on the carrier’s documents within three days of the date of delivery to which the claim relates. The customer shall not receipt the carrier in good condition if there is any evidence of injury to packing, crating or contents upon the customer’s reasonable inspection on delivery but shall give a receipt according to the facts which its own examination discloses.
9. RISK
The risk in the goods to be processed by VERTIK-AL LTD. shall at all times remain with the customer and shall not pass to VERTIK-AL LTD. on delivery to VERTIK-AL LTD. or on processing and accordingly no claim for damage to or loss of goods or part thereof in transit will be considered by VERTIK-AL LTD. unless the Special Conditions on the quotation specifically provide for the risk to remain with VERTIK-AL LTD. until delivery to the customer or its agents and then only if the customer complies with the preceding clause relating to notice of claims.
10. SEPARABILITY
Any delivery or consignment of the goods under these terms shall be deemed to constitute a separate contract to which these Terms shall mutatis mutandis apply including those relating to payment. Failure to make a delivery shall not terminate this agreement as to other deliveries. VERTIK-AL LTD. may at its discretion make instalment deliveries whether or not these are provided in the quotation.
11a. FORCE MAJEURE
VERTIK-AL LTD. shall not be liable for failure to comply with any of these Terms if compliance has been delayed, hindered or prevented by either: any circumstances whatsoever outside its control, including but not limited to strikes, other industrial action, riot, war, Government order or restriction, compliance with any order or request of any public authority whether national or local; or by failure whether whole or partial in relation to production or otherwise and in the United Kingdom or elsewhere of any of VERTIK-AL LTD’s existing or contemplated sources of supply of the raw material for its process or its means of transportation or the means of transporting the goods to then customer.
11b. The customer shall not be liable for failure to comply with any these Terms if such failure is caused by circumstances outside its reasonable control.
12a. CANCELLATION
VERTIK-AL LTD. may immediately cancel this contract as to any future deliveries if the customer fails to comply with any of its obligations hereunder or becomes bankrupt or makes an assignment, agreement or composition with its creditors, or suffers distress or process of execution to be levied on its property, or has a Receiver appointed for all or part of its undertaking or assets of goes into liquidation (except for the purpose of reconstruction or amalgamation).
12b. VERTIK-AL LTD. reserves similar rights of cancellation if it appears provable or likely to VERTIK-AL LTD. that any of the above events will occur.
12c. VERTIK-AL LTD. expressly reserves the right to suspend or terminate this Contract as to future deliveries where payment is not paid by the due date notwithstanding that the customer has paid interest pursuant to clause 3b. above.
13. CUSTOMER’S CANCELLATION
Where VERTIK-AL LTD. has notified its acceptance of the customer’s order or where the customer has without formal order delivered goods to VERTIK-AL LTD. for processing and the customer subsequently cancels or postpones its order or otherwise terminates any implied agreement with VERTIK-AL LTD. the customer shall compensate VERTIK-AL LTD. to the extent of any costs or charges incurred by VERTIK-AL LTD. by reason of the cancellation or postponement together with all costs by VERTIK-AL LTD. up to the date of cancellation. For the removal of doubt these costs include the costs to VERTIK-AL LTD. of any special chemicals, paint powders, dyes and jigs purchased by VERTIK-AL LTD. in order to fulfill the customer’s order. Should VERTIK-AL LTD. subsequently be able to dispose of these items then the customer (provided it has compensated VERTIK-AL LTD. pursuant to this clause) shall be credited with the amount received on the disposal but not exceeding the amount of compensation.
14a. GENERAL LIMITATION
Except to the extent rendered void or unenforceable under any enactment, any liability of VERTIK-AL LTD. arising under these Terms shall be limited to direct loss suffered by the customer and shall not extend to any consequential losses whatsoever and howsoever arising.
14b. VERTIK-AL LTD.’s liability in respect of each delivery shall in no case exceed twice the processing costs of that delivery.
15. PROPER LAW
The agreement between VERTIK-AL LTD. and the customer shall be governed by an construed according to the laws of England which shall be the proper law.
16. NOTICES
Any notice under these Terms shall be in writing given to VERTIK-AL LTD. or the customer as the case may be at their respective address set out overleaf or any other address as they may notify each other. Notice sent by post shall be deemed to have been delivered five days after it has been posted in a correctly addressed first class prepaid envelope and proof of posting shall be sufficient proof of service. Notice may be by telex cable or first class mail (air mail where the customer is resident overseas) or by personal delivery.
QUOTATION CHECKLIST
To be used in conjunction with all quotations submitted by Vertik-Al Limited
Any orders processed are carried out under Vertik-Al’s terms and conditions and prices are only for that specified on each individual quotation. Materials are coated to powder manufacturer’s specification and tested in accordance with that specification this in turn allows us to issue guarantees, a guarantee will only be considered with written knowledge of site details and location prior to processing orders. If a Marine/Hazardous/Swimming Pool environment is to be considered, relevant forms will require completion and assessment by powder manufacture prior to granting relevant guarantees. No other specification is recognized except by prior written agreement.
1. Non account customers must pay pro-forma before goods are released.
2. Account customers payments are 30 days prompt unless otherwise agreed in writing.
3. There is a minimum order charge of £125.00 for standard colours. Each colour represents a separate order. Prices quoted are excluding VAT and ex works.
4. Transport is available but costs may be involved if delivery/collection is other than that of the customer.
5. All materials for process are received as being correct to customer’s specifications Vertik-Al will not accept responsibility for materials received out of tolerance, damaged or faulty.
6. Extrusions less than a metre long are charged at a metre rate.
7. There is a minimum bar charge of £1.25
8. For orders processed on the Vertik-Al process line an allowance of 15mm is required to one end of the profile as a 6mm hole is necessary for jigging purposes. This hole will be on a non significant surface if possible (Please advise on drawings where to punch). Profiles under 4 metres an allowance of 15mm may be necessary at both ends of the profile.
9. Extrusions over 7 metres in length carry a surcharge of 50% extra.
10. Angles and channels are coated on outer faces only (unless specified).
11. Prices quoted for standard colours (unless specified).
12. Aluminium sheet less than 16 gauge will not be accepted into process without prior agreement.
13. Pressed metal with a girth less than 200mm will be charged at 200mm.
14. Fabricated corners are charged at cost plus 50%.
15. Large fabrications will be coated as one off’s and it is advised that written quotation is obtained prior to processing.
16. The removal of protective tape prior to the coating process will be charged at our hourly rate.
17. Please note that the coating process involves all items being totally immersed in chemical solutions. It is therefore important that drain holes are inserted in to any hollow to allow adequate ingress and escape for fluid.
18. Certain pressings and all flat sheets will require hanging holes. On flat sheets they will be inserted on the extreme edges and spaced evenly along the length to prevent distortion.
19. If a specific powder manufacturer is required by your client this should be stated on all orders for colour consistency.
20. Mild steel must be Pre Galvanised if for external use and no guarantee can be offered on any steel substrates.
21. If specific coating thicknesses are required it must be specified on the order and also higher degree of orange peel may be apparent particularly on gloss shades. Extra charges may be incurred.
22. Delivery promises are made on the assumption that stocks are readily available from our suppliers. We do not accept liability for delays caused by stock outs at our suppliers.
23. Stripping of powder coating or Anodic films may be subject to a charge.
24. Requests for over coating of pre coated profiles will not be carried out as this will affect the guarantee.
25. Extrusions less than 3 metres in length are not suitable for resin thermal break process.
26. A set up charge is implemented on each thermal break section if quantity is less than 200 metres of £25.00 During Resin Thermal Break process the first bar of each section is used for set up and may be spoiled. Allowances must be made for this when supplying orders.
27. Extrusions down to 3 metres in length may be polyamide broken but will be charged at a 6 metre length due to wastage.
28. Box cartons and spiral wrapping will be charged extra if required.
29. All costs associated with independent inspections (including retests) must be borne by the customer. A handling charge will also be passed on by Vertik-Al for each visit made.
30. If panels are handed this must be clearly stated on your official order and marked P.O.S on side of sheet not to be coated.
31. All quotations are valid for 30 days.
32. Low tack blue tape can be used for protection during fabrication and must not be used for onsite protection as it could become impossible to remove because of weathering, after only a short period of time.
