Terms & Conditions

The following conditions apply to all orders between the supplier Monks Door Systems Limited ("the Company). Registered Office: 35 Pasture Close, Sherburn in Elmet, Leeds, North Yorkshire, LS25 6LJ, Registered in England No 10258308 and the customer (purchaser of order). These conditions override any terms or conditions stipulated or referred to by the customer whether orally or in writing unless expressly set out herein and accepted by the company in writing.

1. Basis of Contract
1.1. The order shall only be deemed to be accepted when the customer and supplier provides a written acceptance of the order.
1.2. The Supplier shall be entitled to reject the order at its sole discretion and if it elects to do so (for example due to unavailability of the products requested by the customer) and shall notify the customer by e-mail or telephone.
1.3. A quotation for the products given by the Supplier shall not constitute an offer to supply the products. A quotation shall only be valid for a period of 30 days from its date of issue (or such other periods that may be stipulated on the Suppliers quotation). 1.4. The Supplier cannot guarantee the colours used in any marketing materials will accurately reflect the colour of the products and may vary slightly.
1.5. Due to the nature of the products, the customer hereby agrees, acknowledges, and accepts that where applicable.
1.5.1. The colour and consistency of certain products may vary from any samples and is liable to change as a result of the passage of time and any exposure to sunlight.
1.5.2. The Supplier cannot guarantee the quality, colour, pattern, grain, finish, or texture of the products, nor can consistency be guaranteed throughout due to unavoidable variances which may arise in the manufacturing process of the products.

2. Title and Risk
2.1. The risk in the products shall pass to the Customer upon the earlier of the arrival of the Products at the delivery location prior to unloading.
2.2. Title to the Products shall not pass to the Customer until the Supplier receives payment in full (in cash or cleared fund)
2.2.1. (a) the Products and
2.2.2. (b) any other goods that the Supplier has supplied to the Customer, in which case title to the products shall pass at the time of payment of all such sums
2.3 Until title of the Products has passed to the Customer, the Customer shall:
2.2.3. Store the products separately from all other goods held by the customer so that they remain readily identifiable as the Suppliers Property.
2.2.4. Maintain the products in satisfactory condition and keep them insured against all risks for their full price from the date of delivery and upon the supplier’s request, produce such policies of insurance to the Supplier.
2.2.5. Not remove, deface or obscure any identifying mark or packaging on or relating to the products.

3. Price and Payment
3.1. The price of the order shall be as quoted by the supplier in writing or, if no price is quoted, the price set out in the Suppliers published price list in force as at the date of the delivery.
3.2. The Supplier may, by giving notice to the Customer at any time up to 5 business days before delivery, increase the price of the products to reflect any increase in the cost of the products that is due to
3.2.1. (a) Any factor beyond the Suppliers control (including foreign exchange fluctuations, increases in taxes and duties, and increase in labour, materials, and other manufacturing costs
3.2.2. (b) Any request to the Customer to change the delivery date, quantities or types of products ordered, or the specification or
3.2.3. (c) Any delay caused by any instructions of the Customer or failure of the customer to give the supplier adequate or accurate information or instructions.
3.3. The Supplier will invoice the Customer for the price of the Products, VAT, additional payments and any applicable international payments at any time after the Customer has placed the order and payment must be made in full (unless otherwise agreed) and cleared funds to the bank account nominated in writing by the Supplier within 30 days of the date of the invoice. Time of payment is of the essence. The Supplier reserves the right to require payment prior to the time of delivery if, in its opinion exercised in its subjective judgment the Customers financial condition has deteriorated or the risk of non-payment has otherwise increased.
3.4. If the Customers order includes any bespoke products, a non-refundable payment of 50 percent of the price of the bespoke product order must be made at the time the customer places its order. The Supplier shall be entitled to invoice the Customer for the balance at any time after the Customer has placed the order, and except as otherwise agreed by the Supplier in writing, the remaining payment must be made to the Supplier in full and cleared funds to the bank account nominated by the Supplier in writing, within 30 days (unless otherwise agreed) of the date of the invoice once the order has been completed.
3.5. For the avoidance of doubt, where the Customer has ordered bespoke products, any deposit paid by the customer or otherwise shall be non-returnable in the event the Customer subsequently cancels or terminates the order or fails, for whatever reason, to take delivery of the order within a period of 6 weeks from the delivery date.
3.6. If the Customer fails to make any payment due to the Supplier under the contract by the due date for payment, then:
3.6.1. (a) The Customer shall pay interest on the overdue amount at the rate of 8% per annum above the Bank of England is base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. The Customer shall pay the interest together with the overdue amount and
3.6.2. (b) The Suppliers reserves the right to recover all of its costs in pursuing the debt (including legal fees) from the Customer.

4. Liability and Indemnity
4.1. The Supplier shall under no circumstances whatever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, (whether direct), indirect or consequential (and whether caused by negligence of the Supplier its servants or agents or otherwise)
4.1.1. (a) Any direct, special, or consequential loss, damage, costs, or expenses or.
4.1.2. (b) Any loss of profits, loss of anticipated profits, loss of business, loss of data, loss of reputation or goodwill, business interruption, or third-party claims or
4.1.3. (c) Any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control or
4.1.4. (d) Any losses caused directly or indirectly by any failure or your breach in relation to your obligations or
4.1.5. (e) Any losses arising directly or indirectly from the choice of services and how they will meet your requirements or your use of the services or any goods supplied in connection with the services
4.2. The Customer hereby releases and agrees to indemnify and hold the Supplier and its respective employees and agents, harmless from and against any and all claims, losses, liabilities, damages, or expenses whatsoever, including any arising from or in any way relating, directly or indirectly, to the delivery, assembly, erection, installation, use or repair of the products and/or any related or other claims or losses, whether or not caused by the Customer and/or its agents or employees or any of their acts omissions or negligence.
4.3. Nothing in these Terms and Conditions shall limit or exclude our liability for death or personal injury caused by our negligence, or for any fraudulent misrepresentation, or for any other matters for which it would be unlawful to exclude or limit liability

5. Force Majeure
5.1. Neither party shall be liable for any failure or delay in performing its obligations under the Contract to the extent that such failure or delay is caused by a Force Majeure Event. A Force Majeure Event means any event beyond a party’s reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party’s), failure of energy sources or transport network, labour or transportation difficulties, inability to obtain products, materials or components, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters or extreme adverse weather conditions, or default of suppliers or subcontractors.

6. Communications
6.1. All notices under these Terms and Conditions must be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party).
6.2. Notices shall be deemed to have been duly given:
6.2.1. (a) When delivered, if delivered by courier or other messenger (including registered mail) during business hours of the recipient.
6.2.2. (b) When sent, if transmitted by fax or email and a successful transmission report or return receipt is generated.
6.2.3. (c) On the fifth business day following mailing, if mailed by national ordinary mail; or
6.2.4. (d) On the tenth business day following mailing, if mailed by airmail
6.3. All notices under these Terms and Conditions must be addressed to the most recent address, email address or fax number notified to the other party.

7. Waiver
7.1. A waiver of any right or remedy under the contract or law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by a party to exercise any right or remedy provided under the contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy

8. Severance
8.1. If one or more of these Terms and Conditions is found to be unlawful, invalid, or otherwise unenforceable, that/those provisions will be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable)

9. Third Party Rights
9.1 A person who is not a party to the contract shall not have any rights to enforce its terms.

Request a Quote