GUARDIAN INDUSTRIAL DOORS LTD – GENERAL CONDITIONS OF SALE (Revised 5/10/2023)(1) DEFINITIONSIn these conditions the following expressions shall have the following meanings(i)‘The Company’ shall mean GUARDIAN INDUSTRIAL DOORS LTD an also where the context so permits assigns andan sub-contractors for the said company.
(ii)‘The purchaser’ shall mean the person, firm or company with whom the contract is made and who shall not assign inwhole or in part the contract or the management or supervision thereof without prior agreement in writing of theCompany(iii)‘The Goods’ shall mean the articles, supplies, services or other things provided by the Company under the terms of thecontract.
(2) GENERAL
Unless previously withdrawn the Company quotations are open for acceptance for the period stated therein or, when no period stated,
for thirty days only from the date of quotation.
(i)
All quotations issued by the Company are subject to these conditions and in the case of any inconsistency with any order or
instructions placed on the Company by the Purchaser the provisions of these conditions shall prevail unless expressly
varied in writing and signed by a senior manager of the Company(ii)In the event of the Purchaser’s order being made subject to the Purchasers standard conditions not expressly andspecifically put forward as a modification to these general conditions of sale, the Purchaser’s conditions shall not apply andthe Purchaser’s response to the Company quotation shall be accepted only in accordance with these General Conditions ofSale.
(3) ACCEPTANCE OF ORDERS(i)(ii)

(iii)
(iv)

All contracts and orders are subject to the Company’s acceptance which may be subject to investigation of the Purchaser’s
credit status. The Company reserves the right to vary payment terms at any time.
No order shall be binding on the Company unless and until all of the following conditions have been fulfilled (a) The
Purchaser’s official order in writing has been received (b) The deposit (if required) has been received by the Company (c)Full instructions, information and approvals enabling the work to proceed have been received by the Company.
The contract will include only such goods/service/works as specified in the quotation
Literature, illustrations, photographs supplied with the Company’s quotation is intended to generally represent the goods,
but must not be taken as final and/or complete.

(4) VARIATIONS
(i)
(ii)

Any revisions requested by the client to a specification, after contract acceptance, will be subject to a charge of £150 per productif a new quote or drawing is required.
Variations to any order or contract will be the Company’s option subject to agreement price and in advance of any works being
undertaken.

(5)PRICES
(i)

(ii)
(iii)

(iv)
(v)
(vi)

Unless otherwise agreed by the Company in writing the price payable for the goods shall be that stated in the Company’squotation (ii)Unless specifically stated to be firm for a period of the time the Company’s prices / services are subject tovariation in accordance with N.E.D.O formula to take account of charges in labour and material costs and any other relevant
items which occur between the date of order and the date of delivery
No retentions are accepted.
Prices which include installation are based upon free and uninterrupted access during normal working hours to a fully
prepared working area. If the Company is restricted from proceeding with the works due to inaccessibility or incomplete
openings, charges will be made for abortive visits. A charge of £625.00 will apply for aborted visits.
All prices are exclusive of Value Added Tax and this will be charged at the appropriate rate if applicable.
Return commissioning visits if power is not installed and live to enable final commsioning at time of initial installation will becharged at £450.00 per asset.
If the period between contract acceptance and work commencement exceeds 31 days, Guardian reserve the right toincrease the price to cover fluctuations in costs.

Guardian Industrial Doors Ltd
Managing Director. RW Everitt
Registered Office: 45 Progress Road, Leigh on Sea, Essex SS9 5PR
Fax No 01702 260117
Registered in England No 1447746

(6) ADDITIONAL COSTS
(i)

(ii)

(iii)
(iv)
(v)

(vi)

(vii)
(viii)(ix)(x)

In the event of openings or other prepared areas not being made to the specified sizes and necessitating the goods to bemodified, the contract price will be adjusted to include costs incurred by the Company for any modification to the goods,
including labour where visits to sites have been madeAny loss sustained or extra cost incurred by the Company shall be recovered by ay of adjustment to the contact price whensuch loss or extra work is due to Purchaser’s instructions or lack of instructions or failure to take delivering of the goods or
to any act of omission on the part of the Purchaser its agents or employees
Unless otherwise expressly stated the company is not responsible for unloading deliveries, protection, safeguarding andstorage of the goods awaiting installation
The Company does not accept liability for loss of goods or damage to goods or property caused by others
In the event of variation or suspension of work due to Purchaser’s instructions or lack of instructions the Company shallhave the right to vary the contract price and/or the despatch date when work is resumed is such work is substantial and/or
the suspension of work is lengthy, the Company shall be entitled to terminate the contract an to be indemnified by thePurchaser for any loss incurred
If the cost to the Company of performing its obligations under the contract shall be increased by reasons of the making oramendment after the date of the Company’s quotation of any law or of any order or regulation or by-law having the force oflaw that shall affect the Company’s performance under the contract the amount of such increase shall be added to thecontract price.
Site inductions of up to 30 minutes are included in our price. Any site inductions exceeding 30 minutes will be charged ourpro-rata daily rate.
If a dedicated supervisor, who is not our lead engineer, is required for any works there will be a charge of £290 per day.
If you require Guardian to provide a dedicated qualified first aider there will be an additional daily charge.
We provide O&M manuals in our standard template. If you require a custom format an additional charge will be made (priceon request).

(7) ERECTION/ INSTALLATION
(i)
(ii)
(iii)

(iv)
(v)
(vi)

Where erection or installation is included in the Company’s quotation, the Purchaser will provide free of charge lifting
equipment to enable the goods to be moved into position.
Unless expressly stated otherwise the Purchaser shall provide free of charge electrical power, adequate lighting, scaffolding
and any other facilities and site services required to enable the installation of the goods to be undertaken
Quotations which include erection or installation of the goods are based on such work being carried out during theCompany’s normal working hours in the event of such work being requested to be carried out outside those hours, theamount of any overtime payment shall be charged ext to the Purchaser
Unless expressly stated in the quotation, all work undertaken by builders, bricksetters, masons, joiners, plasterers,
electricians including making good shall be provided any paid for by the Purchaser
Unless expressly stated in the quotation, infilling, grouting or mastic sealing between openings and frames shall be provided
and paid for by the Purchaser
Extra costs arising from suspension of work by Purchaser’s instructions or lack of instructions, by interruptions, delays not
the responsibility of the Company or by the operations, delays, requirements or other acts or omissions of other contractors
including the cost of keeping any of the Company’s employees on site before during or after completion of the Company’swork shall result in the increase of the contract price to recover any such extra costs.

(8)DELIVERY AND DESPATCH
(i)
(ii)

(iii)

(iv)

(v)

Delivery is ex Company’s works unless stated otherwise
The time of delivery stated in the Company’s quotation shall be calculated from the receipt of the Purchaser’s order or thereceipt of any required deposit or the receipt of all necessary instructions and approvals from the Purchasers to enable work
to proceed whichever shall last occur
Unless otherwise stated by the Company in writing, all times for delivery of the goods are given in good faith but with noresponsibility on the part of the Company save as provided in sub-paragraph (iv)below. Time of delivery shall not be theessence of the contract
The liability of the Company in respect of late delivery shall be limited by way of liquidated damages to the lesser amount ofeither (a) the amount of any loss incurred by the Purchaser specifically arising from such late delivery, OR (b) one half of
one per cent per week of the contract price of that portion only of goods which cannot be used commercially in consequenceof the delay but subject to a maximum of 5% of the said portion of the contract price. Such payment shall be in fullsatisfaction of the Company’s liability for delay
The Company reserves the right to make deliveries by instalments and each instalment shall be constructed as constituting
separate agreements to which all provisions of these conditions shall apply

Guardian Industrial Doors Ltd
Managing Director. RW Everitt
Registered Office: 45 Progress Road, Leigh on Sea, Essex SS9 5PR
Fax No 01702 260117
Registered in England No 1447746

(vi)(vii)(viii)(ix)

No liability or non-delivery, loss or damage to the goods occurring prior to delivery for any claim that the goods are notconformity with the contract will attach to the Company unless claims to that effect are notified in writing by the Purchaser tothe Company (a) Within seven days of delivery for loss, damage, or non-compliance with the contract or (b) within fourteendays of the date of the invoice for non-delivery
In the event of a valid claim for non-delivery, loss, damage or non-compliance with the contract, the Company undertakes at
its option either to reprocess or replace the goods at its expense but shall not be under any further liability to any person inconnection with such non-delivery, loss, damage or non-compliance
If the Purchaser shall fail to advise the Company in accordance with clause (8) (iii) above, the goods shall be deemed to be
in all respects in accordance with the contract and without prejudice to earlier acceptance by the Purchaser, the Purchaser
shall be bound to accept and pay for the same accordingly
If for any reason the Purchaser’s unable to accept delivery of the goods at the time when the goods are due and ready fordelivery the Company may at its discretion without prejudice to its other rights store the goods at the risk of the Purchaser
and take all reasonable steps to safeguard and insure them at the cost of the Purchaser provided that the Purchaser shallbe immediately informed thereof.

(9) CONDITIONS OF WARRANTIES
(i)
(ii)

The contracts shall not constitute a sale by description or sample,
Any conditions or warrants (whether expressed or implied statue common law or arising from conduct or a previous courseof dealing or trace custom or usage) as to the quality of the goods or their fitness for any particular purpose (even if thatpurpose is made known to the company) or as to the correspondence of the goods with any description or sample are
thereby expressly negated.

(10) DEFECTIVE GOODS
(i)

(ii)
(iii)
(iv)

In substitution for all rights which the Purchaser would or may have but these conditions, the Company undertakes where
the goods manufactured by the Company that if within twelve months of delivery of the goods, serious defects in materials
or workmanship should occur it will at its own discretion either credit to the Purchaser in full such part of the price paid by
the Purchaser to the Company as relates to the defective part or replace the part free of charge at the place of original
delivery to the goods provided that the goods have been accepted by and paid for by the PurchaserIn the case of goods not manufactured by the Company all warrants that the Company may have from suppliers will bepassed to the Purchaser provided that the goods have been accepted and paid for by the customer
In no case will the Company replace or enter into any correspondence in connection with any parts supplied to theCompany as “free issue” for incorporating into the works
Nothing herein shall impose any liability upon the Company in respect of any defect in the goods arising out of acts,
omissions, negligence or default by the Purchase its servant or agents and in particular any failure by the Purchaser tocomply with any recommendations of the Company to storage, handling, maintenance an usage of goods. The Purchaser
shall notify the Company within 14 days of the appearance of any defects.

(11) WARRANTIES
(i)
(ii)
(iii)

(iv)
(v)
(vi)
(vii)
(viii)(ix)(x)

We shall be obliged to complete or rectify free of charge any work that has been performed defectively
We undertake to eliminate free of charge any defects in the parts used within the context of the maintenance work byrectifying or exchanging these partsIf we faisl to comply with the above obligations relating to completion, rectification, or exchange, or fail to do so in time, you
shall be entitled to set a reasonable grace period. If we culpably allow a reasonable grace period set to expire, you may
demand a reduction in the maintenance payment or terminate the contract without notice. The same also applies if the work
performed under the warranty is defective
You are not entitled to make any other or further warranty claims. In particular, we provide no guarantee that the systems
subject to the maintenance work will operate free of interruption and faults
If you assert warranty claims, you shall immediately notify us of any defects or damage after discovering them and do
everything possible to limit the damage caused by a defect.
Unless otherwise agreed, we do not provide warranty on replacement components or repair service
If the examination of a warranty claim demonstrates that there is no case for a claim, we shall be entitled to charge for theexamination and performance of the service at the applicable rates
For any warranty claim to be honoured including in the first 12 months from commissioning date. The system must be
maintained by Guardian Industrial Doors Ltd personnel as per the required service schedule which based on usage and orproduct typeHigh usage systems of more than 40 operations a day require quarterly service schedules
Any fire protection system Fire shutters or curtains require at least bi-annual service schedules

Guardian Industrial Doors Ltd
Managing Director. RW Everitt
Registered Office: 45 Progress Road, Leigh on Sea, Essex SS9 5PR
Fax No 01702 260117
Registered in England No 1447746

(xi)Warranty claims – Response times for engineers are asap but are not guaranteed same day(12) PURCHASER’S RESPONSIBILITIES
(i)

(ii)

(iii)

(iv)
(v)

(vi)

The purchaser is responsible for providing the Company with all appropriate information as to the design, manufacture,operation of the goods or local hazardous conditions or legislation affecting the goods which may have a bearing on theCompany obligations as suppliers. The purchaser shall take due notice of and comply with any instructions supplied by theCompany for the safe and proper use, installation or operation of the goods
Without prejudice to any other right remedy of the Company, the Purchaser will indemnify the Company against all costs,
claims and damage arising out of or connected with any defect in the supply of the goods provided by the Purchaser or any
information supplied by the Purchaser of any breach by the Purchaser of its obligations under the contract
Information, plans, drawings submitted by the Company for foundations or structure alterations to buildings are based upon
the Company’s experience but must be adapted by the Purchaser to local conditions and the Purchaser is responsible forsuch foundations and alterations.
The Company shall not be liable for imperfect work caused by inaccuracies in any drawing, bills of quantities, specifications
or other information supplied by the Purchaser, is servant or agents
Where the Company provides drawings or data to the Purchaser for approval prior to the manufacture of goods, suchmanufacture will not commence until approval has been received by the Company. Delays in completing manufacture as aresult of approval of drawings or data will be the responsibility of the Purchaser
Delays in the installation – if after manufacture the purchaser delays installation of the goods the Company reserves theright to charge for storage after a period of 8 weeks from completion of the manufacture. Costs of £100.00 per finished doorper month.

(13) DEFAULT OR INSOLVENCY OF THE PURCHASER
If the purchaser shall be in breach of any of its obligations under the contract or if any distress or execution shall be levied on thePurchaser’s property or assets or if the Purchaser shall make or offer to make any arrangements or composition with its creditors orcommit any act of bankruptcy petition be presented against the Purchaser or if any resolution or petition to wind up such company
shall be passed or presented or if a receiver, administrative receiver or administrator of the whole or part of such company’sundertaking, property or assets shall be appointed, the Company in its discretion and without prejudice to any other right or claim may
be notice in writing determine wholly or in part any and every contract between.
(14) CANCELLATION
Should you cancel your order the following costs will apply.
If the Company has produced drawings – 8% order value
If the Company has performed a site survey - £565.00 + VAT per visit.
If the Company has ordered raw materials ( steel lengths aluminium sections ) – 10% cost of materials will be chargeable.
If the Company has ordered complete door set from a supplier the complete value of the door will be chargeable.

Guardian Industrial Doors Ltd
Managing Director. RW Everitt
Registered Office: 45 Progress Road, Leigh on Sea, Essex SS9 5PR
Fax No 01702 260117
Registered in England No 1447746