General Conditions of Contract

    Quotations

  1. All quotations provided by Ecovia Build Limited (the Supplier) are subject to these Terms and Conditions.

  2. Unless otherwise noted, all quotations are valid for 30 days from the day of issue.

  3. The Customer must provide any relevant specifications relating to the window rating that is appropriate as well as the height and position of the windows in the building in accordance with the current applicable standards.

  4. If the Customer provides drawings or any other documents to the Supplier for use in the performance of the contract, the Customer warrants that the Customer has the right to and does licence the Supplier to use them.

  5. All quotations provided by the Supplier are strictly based on the details specified in that quotation and must be confirmed and verified by the Customer prior to accepting the order invoice. Any changes to these requirements may incur additional charges and extended time for delivery.

  6. The Supplier will not accept any responsibility for inaccuracy of supplied information by the Customer including any schedules, plans, drawings and provided dimensions for the product to be supplied.

  7. The commencement of all works by the Supplier identified in the quotation are subject to the availability of materials to the Supplier and no responsibility will be accepted by the Supplier for delays or inability to complete the order due to situations beyond the Supplier’s control.
    Placing Orders

  8. The Order Document must be signed and returned to the Supplier within 7 days. Failure to do so may result in a revised quote.

  9. All orders for goods and/or services required from the Supplier must be in writing. It is solely the Customer’s obligation to ensure that all goods and services set out in the quotation and/or invoice conform with any specifications and requirements issued for the structure in which the goods are to be installed prior to placing an order.

  10. All variations to the order must be made in writing and must be submitted prior to manufacturing.

  11. Changes are not permitted after the Client Order Clearance has been signed and returned.

  12. In special circumstances where the Customer requests a variation to the original order after the manufacturing has commenced, they agree to be liable for any costs associated with this change, including a disposal fee of the original goods. However, we have no obligation to permit changes to an order after the manufacturing final clearance.

  13. The Customer may not cancel any order, whether in full or in part, without the written consent of the Supplier. The Customer must pay the full amount of the contract for any product manufactured before an alteration was made to the order.
    Delivery

  14. In the situation, where price includes delivery of the goods, the Supplier will arrange delivery in the manner nominated by the Supplier.

  15. Any date for delivery nominated by the Supplier is intended as an estimate only and is not a contractual commitment. The Supplier shall use reasonable endeavours to meet the estimate date but as long as it uses its’ reasonable endeavours the Supplier shall not be liable to the Customer in contract, tort or negligence or otherwise for any loss or damage whatsoever resulting from any late delivery of the Goods or performance of the Services.

  16. The Supplier will not be liable for any loss or damage to the goods after the delivery to the Customer.

  17. The Customer will accept delivery of the goods on the agreed date promptly and will be responsible for any attempted re-delivery or storage charges incurred by the Supplier in the event of mis-delivery.

  18. A period of two hours will be allowed for the offload of the goods from the delivery vehicle. If this time is exceeded, then waiting time (demurrage) will be charged to the client.

  19. The Supplier reserves the right to make a partial delivery of any order and is entitled to invoice the Customer for the goods intended to be delivered.

  20. The delivery may be scheduled for anti-social hours (before 7am and after 5pm, 7 days a week)  if deemed necessary to fulfil the delivery.   

  21. Protection and insurance of the goods delivered will not be a responsibility of the Supplier from the time of the delivery vehicle arrives at the designated location.

  22. The goods shall be at the risk of the Supplier up to the point of the delivery arriving at the delivery address, after which they are at the Customer’s risk.

  23. It is the Customer’s responsibility to ensure a suitable hardstanding area is available for the delivery vehicle to safely park for offload. In the event no such area is available, if no prior notification is given to the supplier, the delivery may be rescheduled at a cost to the Customer.

  24. It is imperative that a careful and thorough inspection of the goods is undertaken at the time of delivery, to ensure that any defects or shortages are reported to the Supplier and the delivery driver. This inspection is the responsibility of the Customer or the Customer’s representative.

  25. The goods shall be deemed to be delivered, examined and accepted in good condition and as per the contract unless the Customer gives written notice to and received by the Supplier within 3 days of delivery, that the materials do not conform to the contract. The written notice must specify the full details of any or all nonconformance of the products to the contract.

  26. Delivery to outside the UK mainland will be subject to an additional delivery fee, which will be quoted on request
    Installation (when allowed for in quote)

  27. Prior to arrival on site, the Customer shall make sure that obstructions are clear from the work zone, all required access is available and commencement of works will not be delayed.

  28. If the Supplier is delayed or required to leave site due to the Customer failing to perform their obligations within time or additional subcontractors not under the Supplier’s management cause delay, the Supplier shall be entitled to be reimbursed by the Customer for all costs reasonably incurred.

  29. Access to power and water shall be made available on site. If this is not possible, the client shall notify of this 7 days prior to works commencing.

  30. The Supplier shall not be bound to make any change or addition to the works to be provided by the Supplier until a price is agreed for the change or addition.

  31. If at the request of or with the concurrence of the customer, the Supplier makes any change or provides additional works and a price has not been agreed, the Customer shall pay a reasonable price at accepted industry rates for such changes or additional works.

  32. If the Supplier does not receive authorisation or an agreement from the Customer on the cost of the variation then the Supplier will have to stop work in this area. If the Supplier cannot continue work on another part of the project due to the type of specialised machinery involved then the Customer will be charged for time lost as well as the labour and machinery costs incurred to return and complete the work.

  33. Changes and additional works shall include and shall not be limited to:

    1. Objects that could not have reasonably been anticipated by the Supplier from information provided by the Customer to the Supplier before making its offer; and

    2. Changes resulting from the discovery of a latent site condition.

  34. If an event occurs causing a delay, disruption or cessation of the works and that event is not within the reasonable control of the Supplier then the Supplier shall;

    1. Advise the Customer within a reasonable time of such event and the effect of it on the works;

    2. Use its best endeavours to minimise the delay, disruption or cessation of the works;

    3. Use its best endeavours to mitigate the detrimental effects of the delay, disruption or cessation;

    4. Assist the Customer to minimise the delay, disruption or cessation of the works; and

    5. Assist the Customer to mitigate the detrimental effects of the delay, disruption or cessation.

  35. All works are to be in compliance with the relevant construction design and management regulations, British standards, codes of practice and manufacturers recommendations.

  36. Site working hours 7:00 am to 17:00 pm Monday to Saturday.

  37. Daywork rates agreed at £45+VAT per hour for workers, with plant & materials @cost + 15%. There is a three-hour minimum for each worker.

  38. No dayworks to be carried out prior to written agreement with customer.

  39. A copy of Public Liability & PI insurance can be provided at request.

  40. Safety Documentation can be provided to the Customer at request.

  41. The Supplier reserves the right to advertise their services onsite and take images of their work for public use.

  42. In relation to any original materials which have been agreed to be disposed of, a price will be built into the installation figure. For any additional materials that are to be disposed, a reasonable surcharge will be charged to the Customer.

  43. The Supplier reserves the right to perform an installation sign-off at the end of the installation it undertakes. Once the inspection of the positions has been completed, if no defects or shortages are noted by the client or agent of the client at the time of the inspection, any shortages or defects claimed after the inspection will be not be acknowledged. Only defects which under a reasonable inspection would not have discovered, will be accepted. Please see clause 54 for further information on reasonable inspection.

  44. The Customer must make themselves, or an appointed agent, available at the completion of the installation to sign-off. In the event that no person is made available, The Supplier will carry out the inspection, and assumed acceptance of the installation sign-off by the client will be taken from the non-availability.

  45. A copy of the installation sign-off sheet will be sent to the client on request.
    Title, Risk and Liability

  46. Risk of damage to or loss of the goods shall pass to the Customer when the goods are delivered. The goods will be considered delivered upon arrival prior to off-loading.

  47. The Customer acknowledges that the ownership of the goods will remain with the Supplier until the full payment for these goods has been made and receipt of such payment has been confirmed.

  48. Until title in the goods has been passed to the Customer, the Customer shall be in possession of the goods as a bailee for the Supplier and shall store the goods, properly insured and protected, separately from any goods belonging to the Customer or any third party, and shall be clearly marked and identifiable as being the Supplier’s property. The Supplier shall be entitled to enter the Customer’s premises upon reasonable notice to verify the Customer’s compliance with this clause. If the Customer fails to make any payments to the Supplier when due, then the Supplier will have the right, without prejudice to any other remedies:

    1. enter, without prior notice, any premises where the goods owned by the Supplier may be and to repossess and dispose of any such goods; and or

    2. to require the Customer not to resell or part with possession of any goods owned by the Supplier until the Customer has paid in full all sums due to the Supplier under this or any contract.

  49. The Supplier will accept no liability for goods stolen or damaged whilst stored on site following delivery and prior to installation or, when installed, prior to completion of any installation services by the Supplier. It is strongly advised to ensure that you are insured for any potential loss.

  50. The Customer must immediately inform the Supplier in writing if insolvency proceedings are opened against them or third-party access (e.g., seizures) to our goods or claims transferred to us occurs. The Customer must support us in case of any third-party intervention. Such costs shall be borne by the Customer. If the third-party is unable to refund court and out of court costs to us, the Customer shall be liable for the resulting expenses.

  51. The Supplier accepts no liability in cases where delay is caused to the project.
    Warranty

  52. The benefits covered in the warranties are in addition to the standard rights and remedies in respect of the goods and services which the Customer is entitled to under standard Consumer Guarantees governed by UK law.

  53. The Supplier guarantees the product/s supplied against defect arising from faulty workmanship or materials for a period of two years from date of delivery unless noted otherwise.

  54. Warranty does not include shortages and impermissible defects which should be discovered under reasonable inspection at the time of delivery or installation sign-off, if undertaken. Installation sign-offs will only be conducted in projects where the Supplier has provided the install.  Refer to clauses 24 and 43.

  55. Where the Supplier is undertaking the installation, if an installation sign-off has been performed with the client or agent of the client, with no defects or shortages noted, no defects or shortages will be acknowledged after the inspection handover has been completed.

  56. Where any defect would not become apparent upon reasonable inspection, a period of three months from the delivery date is given to notify the Supplier of any manufacturing issues. In regards to supply only contracts, any shortages in delivery will not be recognised beyond a period of 30 days from delivery.

  57. The Supplier guarantees that all services will be provided with due care and skill.

  58. The warranties are valid if the following conditions are complied with:

    1. The product is installed and maintained with the manufacturer’s and relevant industry association’s recommendation and has not been subject to misuse, abuse or neglect.

    2. Aluminium product surfaces that have been powder coated and are not warranted against colour fading due to normal weather conditions, which would normally cause any coloured surface to fade or darken gradually with time.

    3. Painted timber finishes are not warranted against colour fading due to normal weather conditions, which would normally cause any coloured surface to fade or darken gradually with time.

  59. If the goods are determined not to be defective by the Supplier, or any defect is attributable to circumstances outside of the Supplier’s control, in this case the warranty and obligation by the Supplier are waived. Examples of such circumstances include but are not limited to:

    1. Use of goods for purposes other than the intended use;

    2. The installation, repair, alteration or modification of the goods by a party other than the Supplier; or agent of the supplier;

    3. Misuse, abuse, neglect or accident;

    4. Ordinary wear and tear;

    5. Goods have not been stored, handled or maintained as prescribed (whether written or oral)

  60. The Customer must supply photographs and adequate descriptions of any warranty issues in an email to support@ecovia.com.

  61. Once a written submission has been sent to the Supplier regarding a defect, it will be investigated and a response will be provided within 14 working days.

  62. When a claim is made under the warranty, a fee of £200 plus reasonable travel expenses, will be charged to the Customer. This fee is however refundable should the Supplier consider the claim not to be the fault of the Customer.

  63. The Supplier may require assistance from the client to fully ascertain the nature of the defect in greater detail. The Supplier must be given reasonable opportunity to inspect any defects notified to them, should this be deemed necessary.

  64. The Supplier must be disclosed of all relevant information, which may affect the validity of the claim, failure to do so will invalidate a warranty claim.

  65. In cases where warranty issues are not covered, the Supplier, at their discretion, may offer a repair service which will be chargeable.

  66. Claims under this warranty must be made within one month of the defect arising in the product. Copies of proof of purchase documents must be included with a written claim and forwarded to the Supplier.

  67. Where invoices owed to the Supplier are outstanding, all warranty claims will be invalid. Issues arising within this period will not be honoured even after outstanding monies have been paid in full.

  68. In cases where the Supplier is using goods manufactured by third parties, the Customer agrees that the Supplier does not accept responsibility for manufacturer’s warranty or any claim arising from the use of the goods whether on their own or in combination with other products.

  69. Supplier’s liability is limited to the sum of the original invoice of the goods in concern.
    Force Majeure

  70. Without prejudice to any other of these conditions the Supplier shall not be liable to the Customer or deemed to be in breach of contract by reason of any issue arising from matters beyond its reasonable control, including war, terrorism, government restrictions, fire, flood, storm, explosion, accident, civil disturbance, shortage or unavailability of labour or materials, industrial action or transportation delays.
    Payment Terms

  71. Terms of payment is 7 days unless noted otherwise.

  72. Contracts not completed before 31st October 2019, may incur customs charges due to Brexit, which will be charged to the Customer.

  73. The Supplier reserves the right to revise a quote due to any significant XE rate change, due to Brexit.

  74. Under no circumstances can the Customer withhold payment due to not being paid by other parties or having monies withheld or awaiting release.

  75. Standard payment terms, unless otherwise agreed in writing, are as follows:

    1. For orders where the value of the total product supply, excluding VAT, shipping and installation, is under £5,000,

      1.         Full payment is required on placement of order

    2.  For orders over £5,000 (ex VAT),

      1. 50% deposit is required on placement of order

      2. 30% payment required following manufacture and prior to delivery;

      3. 20% balance due on delivery to site.

    3. For orders over £5,000 (ex VAT), supply only:

      1.         50% deposit is required on placement of order;

      2. Remaining balance is due 7 days prior to dispatch of goods, you will receive notification of this date.

    4. Acceptable methods of payment include: Bank transfer and Card.  2.5% credit card fee will be charged for any credit card transactions.

  76. Overdue accounts will be subject to an 8.5% per annum finance charge.
    Transfer

  77. This agreement cannot be transferred or assigned to another party without the Supplier’s written consent.
    Waiver of Conditions

  78. In case where the Supplier fails to insist upon exercise of any term or condition in this agreement, the agreement will not be deemed a waiver.

  79. Any breach of any term or condition in this agreement will not be deemed a waiver.

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©2018 ECOVIA | ECOVIA BUILD LIMITED IS REGISTERED IN ENGLAND | COMPANY NO. 09976518. VAT NO. GB251799277