TERMS AND CONDITIONS OF SALE: DB FIRE DOORS

1. DEFINITIONS

• "The Company": DB Fire Doors Limited.
• "The Buyer": The person, firm, or company purchasing Goods or Services from the Company.
• "Goods": Fire doors, frames, ironmongery, or services supplied by the Company.
• "The Quote": The document specifying the Goods, price, and revision number provided to the Buyer.

2. BASIS OF CONTRACT

2.1. An order constitutes an offer by the Buyer to purchase Goods in accordance with these Conditions.

 2.2. The Contract comes into existence only when the Company issues a written Formal Order Confirmation. 2.3. These terms apply to the exclusion of any other terms that the Buyer seeks to impose. No verbal agreements shall be binding unless confirmed in writing by the Company.

3. QUOTATIONS AND REVISIONS

3.1. Accuracy: It is the Buyer’s sole responsibility to verify that the Quote reflects their requirements, including door specifications (FD30/60), dimensions, quantity, ironmongery, and extras. 

3.2. Revision Control: All Quotes carry a revision number. The Buyer must refer to the latest version. The Company is not liable for misunderstandings arising from the use of outdated revisions. 

3.3. Validity: Prices are valid for 30 days from the date of issue. After 30 days, or due to significant market fluctuations, prices may be subject to change.

4. FIRE SAFETY, SPECIFICATIONS & COMPLIANCE

4.1. Certification: The Company warrants that Goods will comply with specific fire-rating certifications stated (e.g., Certifire, FD30, FD60). 

4.2. Mandatory Substitutions: To ensure compliance with Building Regulations or Certifire schemes, the Company reserves the right to substitute components (e.g., specific hardware) with compliant alternatives. The Buyer will be notified, and these substitutions form part of the agreed specification. 

4.3. Buyer Responsibility: It is the Buyer’s responsibility to ensure the ordered Goods meet the specific fire safety requirements of their project. 

4.4. Digital Record & Documentation: In accordance with the Building Safety Act, the Company will provide the necessary fire certification and "as-built" technical data (the "Golden Thread" information) upon completion of the contract.

4.5. The Company reserves the right to withhold the release of official certification or O&M manuals until the Buyer has paid all outstanding balances in full.

5: PRICE, PAYMENT, AND CREDIT LIMITS

5.1. Pricing: Prices exclude VAT and are based on the information provided by the Buyer. Any changes to specifications (including those for fire compliance) may affect the final price.

5.2. Payment Terms: For approved credit account holders, payment is due within 30 days from the date of the invoice. For all other orders, payment is required in full via pro-forma invoice before production or delivery.

5.3. Credit Limits:

• Setting the Limit: The Company may, at its absolute discretion, set a credit limit for the Buyer. This limit may be increased, decreased, or withdrawn at any time without prior notice.
• Exceeding the Limit: The Buyer must not exceed their agreed credit limit. If an order would cause the account to exceed this limit, the Company reserves the right to withhold delivery until a payment is made to bring the balance within the limit.
• Immediate Payment: Any balance on the account that exceeds the agreed credit limit is due and payable immediately upon demand by the Company.

5.4. Withdrawal of Credit: The Company reserves the right to withdraw credit facilities at any time if it becomes dissatisfied with the Buyer’s creditworthiness or payment history. In such cases, all outstanding invoices become due immediately, and future orders will revert to a "payment-with-order" (pro-forma) basis.

5.5. Late Payment: The Company reserves the right to charge interest under the Late Payment of Commercial Debts (Interest) Act 1998 (currently 8% above the Bank of England base rate) on all overdue balances, plus reasonable debt recovery costs.

5.6 Deposits: For large orders, bespoke manufacturing, or at the Company’s discretion, a deposit (typically [e.g., 25-50%]) may be required before the order is processed.

• Deposits are non-refundable once production has commenced or specialist materials have been ordered.
• Any required deposit must be paid in full before a delivery date is confirmed.

6. CANCELLATION AND BESPOKE GOODS

6.1. Standard Goods: Cancellation of orders for standard "off-the-shelf" Goods is at the Company’s absolute discretion and may be subject to a restocking fee of 25% plus any carriage costs incurred.

6.2. Bespoke Goods: Where Goods are manufactured to the Buyer's specific dimensions, finishes, or configurations ("Bespoke Goods"), the Buyer has no right to cancel the order once the Formal Order Confirmation has been issued.

6.3. The Buyer shall be liable for the full price of Bespoke Goods once production has commenced or specialized raw materials have been procured by the Company.

7. DELIVERY AND RISK

7.1. Delivery dates are approximate. Risk in the Goods passes to the Buyer upon completion of delivery to the specified address. 

7.2. Access: The Buyer must ensure suitable access for delivery vehicles.

 7.3. Inspection: The Buyer must inspect Goods upon delivery. Any damage or shortages must be reported in writing within 3 working days.

8. STORAGE AND HANDLING

8.1. Fire doors are precision timber products. They must be stored flat, off the ground, in a dry, ventilated, and weather-tight building.

 8.2. The Company is not liable for warping, twisting, or damage caused by improper on-site storage or exposure to moisture and extreme temperatures.

8.3. Natural Variations: The Buyer acknowledges that timber is a natural product. While the Company ensures Goods meet fire-rating specifications, the Company is not liable for minor variations in grain, colour, texture, or natural markings, which are not considered defects.

9. INSTALLATION

9.1. Unless explicitly listed in the Quote, installation is not included. 

9.2. Site Readiness: For contracted installations, the site must be clear and safe. The Company reserves the right to charge for "aborted visits" if work cannot commence due to site unreadiness.

 9.3. Third-Party Installation: The Company is not liable for the failure of Goods due to incorrect installation or modifications made by third parties after delivery.

9.4. Competent Person Requirement: Where the Company is not contracted for installation, it is the Buyer’s sole responsibility to ensure that Goods are installed by a competent person in strict accordance with the provided fire certification, relevant British Standards (e.g., BS 8214), and manufacturer instructions. Improper installation will void all fire certifications and warranties.

10. RETENTION OF TITLE

10.1. Title to the Goods shall not pass to the Buyer until the Company receives payment in full. 

10.2. Until title passes, the Buyer must store the Goods separately, so they remain identifiable as the Company's property.

10.3 The Company will provide all necessary certification/documentation upon full payment, ensuring the Buyer has what they need for their "Golden Thread" obligations.

11. LIMITATION OF LIABILITY

11.1. The Company shall not be liable for any indirect or consequential loss, loss of profit, or project delay penalties arising under the Contract. 

11.2. Total liability shall not exceed the price of the Goods ordered.

12. FORCE MAJEURE

12.1. The Company shall not be in breach of this Contract nor liable for delay in performing, or failure to perform, any of its obligations if such delay or failure results from events, circumstances, or causes beyond its reasonable control.

12.2. Such events include, but are not limited to: strikes, lock-outs, or other industrial disputes; failure of a utility service or transport network; acts of God; pandemic or epidemic; war, riot, or civil commotion; malicious damage; compliance with any law or governmental order; breakdown of plant or machinery; or default of suppliers or subcontractors (including timber shortages).

13. DATA PROTECTION & GOVERNING LAW

13.1. Data is processed in accordance with the UK GDPR and the Data Protection Act 2018 for account management and credit vetting. 

13.2. This Contract is governed by the laws of England and Wales.

13.3. Consumer Rights: Nothing in these Conditions shall affect the statutory rights of a Buyer who is a "consumer" as defined by the Consumer Rights Act 2015. Clauses that apply only to Business-to-Business (B2B) transactions shall be interpreted accordingly.