Arden Windows Terms & Conditions are available in hard copy on request or can be downloaded here. All Arden Windows' Quotations have the company Terms & Conditions printed on the reverse of the Quotation front sheet and form part of our Order Acknowledgment. If you should have any queries regarding our Terms & Conditions please contact us in the first instance. Terms & Conditions of Business  1. Definitions 1.1 "Buyer" means the person who buys or agrees to buy the goods from the seller. 1.2 "Conditions" means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the seller. 1.3 "Delivery Date" means the date specified by the seller when goods are to be delivered. 1.4 "Goods" means the articles, which the buyer agrees to buy from the seller. 1.5"Price" means the price for the goods excluding carriage, packing, insurance and VAT. 1.6 "Seller" Arden Windows Limited or Arden Southern Limited. 2. Conditions Applicable 2.1 These conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions including any terms or conditions which the buyer may purport to apply under any purchase order, confirmation of order, or similar document. 2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these conditions. 2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer's acceptance of these conditions. 2.4 Any variation to these conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller. 3. The Price and Payment 3.1 The price shall be the Seller's quoted price. VAT shall be added and due at the rate ruling on the date of the seller's invoice.   Payment of the price and VAT shall be due within 28 days of the date of the invoice. Interest on overdue invoices shall accrue from the date when payment became due from day to day until the date of payment at a rate of 2% above HSBC base rate from time to time in force and shall accrue at such a rate after as well as before any judgement. 4. The Goods 4.1 The quantity and description of the Goods shall be as set out in the Seller's quotation. 5. Warranties and liabilities 5.1 The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller. Except where the Buyer is dealing as a consumer (as defined in the Unfair Contract Terms Act 1977 Section 12) all other warranties, conditions and terms relating to fit for purpose, merchantability, or condition of the Goods and whether implied by statute or common law or otherwise are excluded. 6. Delivery of the Goods 6.1 The Goods shall be delivered to the Buyer at the Seller's address and shall be deemed to occur upon the Seller notifying the Buyer that the goods are ready for onward delivery. The risk in the goods shall pass to the Buyer upon such delivery taking place.   The Seller shall arrange for carriage of the Goods to the Buyer's address. The cost of carriage and any insurance, which the Buyer reasonably directs the Seller to incur, shall be reimbursed by the Buyer without any set-off or other withholding whatever and shall be due on the date for payment of the price. The carrier shall be deemed to be the Buyer's agent. The Seller shall not be liable for any loss or damage whatever due to failure by the Seller to deliver the Goods (or any of them) promptly or at all. Notwithstanding that the seller may have delayed or failed to deliver the goods (or any of them) promptly the buyer shall be bound to accept delivery and to pay for goods in full provided that delivery shall be tendered at anytime within 3 months of the delivery date. 6.5 The Seller shall not be bound to onwards deliver any Goods after the appointment of a receiver or liquidator of the Buyer or if the Seller shall have reasonable cause to suspect that the Buyer cannot pay for the same, until payment in full for the Goods has first been made. 7. Limitation of Liability 7.1 In the event of any breach of this contract by the Seller the remedies of the Buyer shall be limited to damages. Under no circumstances shall the liability of the Seller exceed the price of the goods. The Seller shall not be liable for any indirect loss, including loss of profit suffered by the Buyer. 8. Remedies of the Buyer 8.1 Where the Buyer rejects any Goods then the Buyer shall have no further rights whatever in respect of the supply to the Buyer of such Goods or the failure by the Seller to supply Goods which conform to the contract of sale. 9. Title 9.1 Despite delivery having been made property in the Goods shall not pass from the Seller until the Buyer shall have paid the price plus VAT in full. 9.2 Until property in the Goods passes to the Buyer in accordance with clause 9.1 hereof the Buyer shall hold the Goods and each of them on a fiduciary basis as bailee for the Seller. The Buyer shall store the Goods separately from all other Goods in its possession and mark them in such a way that they are clearly identified as the Seller's property. 9.3 Notwithstanding that the Goods remain the property of the Seller, the Buyer may sell or use the Goods in the ordinary course of the Buyer's business unless the Seller shall give written notice to the Buyer terminating such right or unless a receiver or liquidator of the Buyer shall be appointed. 9.4 The Seller shall be entitled to recover the price plus VAT notwithstanding that property in any of the Goods has not passed from the Seller.   Until such time as property in the Goods passes from the Seller, the Buyer shall, upon request, deliver up such Goods as have not ceased to be in existence or re-sold to the Seller. If the Buyer fails to do so, the Seller may enter upon any premises owned, occupied or controlled by the Buyer wherever situated and repossess the same. 10. Force Majeure 10.1 If the supply of the Goods is delayed or prevented as a consequence or event beyond the Seller's reasonable control, including but without limitation, industrial action, breakage of machinery, delays in or cancellation of Goods and services by third parties, shortages of raw materials, fire explosion, civil disturbance or act of God, then the period for delay of the Goods shall be extended to such extent as is reasonable having regard to the circumstances. 11. Jurisdicton 11.1 This contract is subject to the law of England and Wales and all disputes arising out of it shall be subject to the exclusive jurisdiction of the Courts of England and Wales.