Terms and Conditions

These Terms and Conditions apply between the Customer and Strømmen UK, Ltd (Supplier), as part of the agreement between the parties, for the delivery and assembly of all products Strømmen produces and delivers. The Customer is obliged to familiarise himself with these terms and conditions.

  1. Introduction
  2. The Contract
  3. Deliverables
  4. Quotation and Order Confirmation
  5. Pricing
  6. Delivery
  7. Changes
  8. Inspection and Delivery Receipt
  9. Quality Deficiencies
  10. Delayed Delivery
  11. Subcontractors
  12. Legal Recourse
  13. Terms of Payment
  14. Confidentiality, Privacy and References
  15. Governing Law

1. Introduction

“Contract” means a contract for services of the Supplier made between the Supplier and the Customer to which these conditions are stated to apply. "Customer” means the person, firm or company who enters into a contract with the Supplier. “Goods” means the products, components and/or systems as expressly detailed within the order acknowledgement as signed. "Supplier” means Strommen UK Ltd. “Works” means the goods and installation services as performed in respect of this Contract.

2. The Contract

Unless otherwise agreed, the following documents are included in the contract, and in the event of any conflict between the documents, the ranking is:

2.1. The contract for the specific project, if such document is created.
2.2. Change confirmation.
2.3. Order confirmation from Supplier.
2.4. The general terms and conditions.
2.5. The Customer’s written order.
2.6. The written offer from Supplier.
2.7. The tender or basis of competition.
 

3. Deliverables

3.1. Quality Requirements

The item must at the time of delivery meet the requirements set out in the contract documents in sections 2.1-2.7.

Unless otherwise specified, the goods are manufactured to the Customer's stated specifications, details and dimensions. If quality requirements are not specified, the product is offered with quality requirements that the Supplier considers common for construction products used for similar purposes. The Customer bears the risk of the consequences of errors in the specified specifications, details and dimensions.

3.2. Installation

For contracts where it has been agreed that the Supplier will be responsible for installation, the installation includes, unless otherwise agreed in the contract:

  • Fixing of frame, glazing and insulation around the frame perimeter in ready-made openings. Necessary fasteners must be present before the installation begins.

Receipt and unloading of goods on site are not included in the installation price. Any interior and exterior cladding, grouting, taping, coating, membrane welding, fittings etc. are not included in the assembly work. Cleaning of glass, removal of debris, pallets, packaging materials and protective tape are not included in the assembly work.

The Customer is responsible for ensuring that the installers, before the installation begins, have received sufficient information about how the products should be mounted and where to install them. If lack of information from the Customer causes the installation to be carried out again, this will be invoiced in addition to the agreed installation price.

If scaffolding is needed for secure installation, this is assumed to be free of charge for the Supplier.

Mobile crane with vacuum yoke for glazing and operator with good experience in using this is assumed to be made available at no cost for the Supplier if needed. If the Supplier is to acquire a mobile crane with a vacuum yoke and operator, this will be invoiced in addition to the agreed installation price.

Unless otherwise agreed, the Supplier comes with two men for installation. When installing heavy glasses/profiles and if the mobile crane does not reach the openings, the Customer must assist with the necessary crew for safe lifting of the products. Any costs associated with extra crew are not covered by the Supplier. The Supplier may contact extra crews in agreement with Customer, any costs associated with this will be invoiced.

The installation site must be in such a condition that installers and any mobile crane can access all facades for installation without danger of installers or breakage of glass.

4. Quotation and Order Confirmation

All orders must be in writing and confirmed with order confirmation from the Supplier.

Electronic ordering and ordering by email can also be considered in writing. If an order is placed before all specifications, details and dimensions of the products have been clarified, or if the specifications, details and dimensions are changed after the order has been made, changes in the delivery date and unit prices must be expected.

The Customer is obliged to review the order confirmation from the Supplier and immediately inform if anything is unclear or wrong. The order confirmation is considered final if it is not reviewed within 2 business days after it is received.

5. Pricing

The item must be delivered according to the price stated in the contract for the specific project or order confirmation. Costs for transport, crane, scaffolding, lifting yokes, etc. will be invoiced, unless otherwise agreed in the contract document or order confirmation. All unit prices are stated in British Pounds (GBP), excluding VAT.

An offer is valid for 30 days from the offer date unless otherwise stated. The offer is waived unless a written order is made within the time limit for the offer.
Prices are subject to change immediately upon material price increases and currency fluctuations.

6. Delivery

The goods are delivered on the ground at the agreed delivery address and the Customer assumes the risk and responsibility for the goods when placed at the agreed address. When the Supplier is to install the goods, the responsibility and risk for the goods passes to the Customer when the goods are installed.

6.1. Mobile crane

Any need for crane will be invoiced in addition to the agreed transport price, unless otherwise specified in the contract.

6.2. Conditions at the delivery address

The Customer is responsible for ensuring that there is an access road from the public road to the agreed delivery address so that trucks safely can arrive at the agreed delivery address.

The Customer must ensure that the conditions at the delivery address are arranged so that the delivery can be carried out in a safe and secure manner.

6.3. Warehouse rental and failed delivery

Any warehouse rental with the carrier/agent due to delivery problems will be invoiced the Customer unless it is caused by the Supplier. The same terms and conditions also apply in the case of failed deliveries.

6.4. Change of delivery time from factory

Delivery times from factory can be changed if the Customer does not provide necessary assistance or fulfills his responsibilities. This may be in the case of wrong/delayed information that is necessary for starting the production. The delivery time can also be changed if the Supplier is hit by an obstacle beyond his control, which he could not reasonably expect to have taken into account at the time of the agreement, avoided or overcome the consequences of. This includes delays from subcontractors, production failures, transport damages or force majeure.

Delivery times from the factory can also be changed if the parties agree, cf. section 7.

6.5. Glass delivered separately

  • Folding doors are supplied with glass separately.
  • Sliding doors wider than 2790 mm are supplied with glass separately.
  • Glass units weighing over 150 kg are supplied separately.
  • Facade systems are delivered flat-packed and with glass separately.

7. Changes

The Customer has no right to postpone the delivery date from the factory, change or cancel all or part of the delivery. Any acceptance of cancellation can only be made against compensation of the Supplier's loss.

In the event of changes, the Supplier has the right to demand increased remuneration, including an increase in unit prices. This also applies in the event of delays or non-participation due to the Customer or conditions for which he is responsible. If the Supplier has to pay delay or cancellation compensation to its subcontractor, the Customer is responsible for this.

When requesting a change, the Supplier must inform the Customer as soon as possible whether the change can be complied with and what the consequences this entails in terms of price, time of delivery and other conditions. If the Customer wants the change to be implemented, the Supplier must confirm the change (change confirmation).

8. Inspection and Delivery Receipt

The Customer is obliged to inspect the goods as soon as they are delivered. The inspection must include the quantity and quality delivered, including any visible damage. Any damage or defect shall be written on the consignment note and promptly notified to the Supplier before the product is assembled or otherwise put into service.

For larger deliveries and all for all deliveries that include installation, the Supplier may require the Customer to acknowledge that the goods are in conformity to the agreement, or undertake a joint inspection.

9. Quality Deficiencies

There is a deficiency if the goods and the installation (if the delivery includes installation) do not have the quality the Customer is entitled to under the agreement, and this is due to conditions for which the Supplier is responsible.

All damage/consequential damage caused by improper use, incorrect assembly, incorrect storage and/or lack of maintenance is not a deficiency, and there is no claim right. The following conditions are not usually considered a deficiency:

  • Crack in glass as a result of partial heating (thermal breakage). This can e.g. occur if dark foil is glued to parts of the glass or if insulating material is applied to the glass surface.
  • Paint wear.
  • Condensation on low thresholds ("HC threshold") for sliding doors in timber and timber/alu. This threshold can cause condensation at low outdoor temperatures in combination with high internal humidity.
  • Black mold on products with transparent surface treatments. Transparent surface treatments in combination with high humidity increases the risk of mold.
  • Minor deviations in the glass colour due to light and UV radiation. Glass with different functional requirements or with different thickness and structure can give different reflection.

According to Section 8 (Inspection and Delivery Receipt), visible defects and damages shall be written on the consignment note upon receipt, by both the driver and the Customer in order for them to be entitled to claim.

The Customer loses his right to make a claim if he does not within a reasonable time and no later than 8 business days after he has discovered or should have discovered it informs the Supplier about the defect in question.

All claims must be made in writing and on the Supplier's claim form. The Customer is obliged to assist the Supplier in the complaint handling.

In the event of defects, the Supplier shall, at the Supplier's choice, rectify the defect free of charge or deliver new goods to the original place of delivery.

Disassembly/installation and transport costs are only covered if the Supplier has carried out the installation, and only if the costs will not be disproportionately high in relation to what is achieved. The Customer is not entitled to cover his repair costs, unless this has been accepted in writing by the Supplier.

Supplied locks, door pumps, fittings etc. is considered defective if the Supplier accepts a complaint from its subcontractor. In such situations, the Customer will be billed for, and later sent a credit note if the Supplier receives a credit note from its subcontractor. In the event of such defects, the Customer must cover transport and disassembly/installation regardless.

The Supplier is not under any circumstances responsible for damage (scratches, dents, surface damage, glass breakage, etc.) that occurs during or immediately after installation and this is not due to the Supplier or his subcontractors. Any changes and damages caused by sentences in the building or building material supplied by others are also outside the Supplier's responsibility.

The Customer can only raise and/or claim compensation for defects if the Supplier has shown gross negligence (guilt) or willful intent. In this case, the compensation is limited to the cost of delivering new goods, and disassembly/installation if the Supplier has supplied this. The Supplier has no liability beyond what is described in point 9. This applies to any loss that the defect may cause, such as loss of operation, lost profits, delays and other financial losses.

If the Supplier conducts investigations and corrections and it subsequently becomes clear that the claim does not constitute a defect, the Customer will be billed according to the current price list and elapsed time.

The Supplier is only liable for indirect losses if the Supplier has acted intentionally or grossly negligent.

Fire-certified and other CE-marked products are manufactured and controlled according to special guidelines by which the Supplier is bound. If the Supplier or any of its subcontractors lose the right to manufacture, sell and install fire-certified or other CE-marked products because the Customer or his customers/end customers have made a mistake when fitting, glazing or otherwise used the products incorrectly, the Customer is fully liable for the direct and indirect losses, including lost profits the Supplier suffers as a result.

10. Delayed Delivery

The Customer must be notified immediately if the Supplier becomes aware that the delivery from the factory cannot take place at the agreed time. The Supplier shall also, if possible, at the same time provide the Customer with information on a new delivery date from the factory. The Customer loses his right to claim due to a delay if he does not do so in writing within a reasonable time, and no later than 8 business days, after the delay is notified.

The Customer can only claim delay damages if the Supplier has shown gross negligence (guilt) or willful intent. The Customer can cancel the contract if the the goods no longer fulfills their intended use and the delay lasts more than 60 working days (from the stated delivery date). The Supplier is not liable for delays beyond what is described in section 10. This applies to any loss the delay may cause, such as loss of profits, delays and other financial losses. This limitation of the Supplier's liability does not apply if he has shown gross negligence.

11. Subcontractors

The Supplier has the right to use subcontractors.

12. Legal Recourse

The Supplier has a right of recourse to the Customer in the event of any claims by the Customer's end customer, which the Supplier according to the contract between Customer and Supplier is not responsible for. The Supplier also has a right of recourse for any direct claims from the injured party under the Product Liability Act. The Supplier shall notify the Customer in a timely manner before the Customer's end customer or injured party's claims are met.

13. Terms of Payment

Unless otherwise agreed, the goods are invoiced on delivery from the factory. For deliveries where the Supplier is to install the goods, this is invoiced as the execution takes place. If part deliveries are agreed, the Supplier may invoice for each part delivery.

In case of late payment, the interest rate is accrued in accordance with current legislation.

The Supplier is the legal owner of the goods until the entire purchase price, including interests, warehouse costs and other costs are fully paid. If it is more than 1 month from the goods have arrived to the terminal without being delivered due to conditions the Customer is responsible for, the Supplier has the right to sell the goods and claim damages for his losses and expenses.

The Customer’s credit rating must be approved before the goods are put into production.

14. Confidentiality, Privacy and References

The parties have a duty of confidentiality regarding information that arises in connection with the execution of the contract. Information shall not be made available to outsiders without the written consent of the other party. Drawings and other technical documents issued by one of the parties shall be used only by the other party for the purpose of the agreement, and may only be given to others when this is necessary for fulfilling the contract. The Supplier has the right to send out newsletters via email.

The Customer can opt out of further newsletters by following the link at the bottom of our emails, or by contacting us directly.The Supplier has the right to use the Customer and the project as a reference.

15. Governing Law

These conditions shall be governed and construed and shall take effect in accordance with English Law and the parties submit to the exclusive jurisdiction of the Courts of England and Wales.