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Terms and Conditions – Abroad

The terms and conditions below are applicable to all sales outside of the UK.

If you are purchasing from within the UK, please view our UK Terms and Conditions here.

1) Definitions

The following definitions shall apply to the following phrases when used in these conditions:

The ‘Company’ means Safespaces (Cornholme) Ltd
The ‘Goods’ means any goods supplied by the Company to the Customer under contract subject to these conditions
The ‘Customer’ means the person(s), businesses, charities, authorities/agencies, private individuals, whose order for the Goods is accepted by the Company
‘Conditions’ means the standard terms & conditions of sale set out in this document and includes any special terms and conditions agreed in writing between the Customer and the Company
‘Contract’ means the contract for the purchase and the sale of goods
‘Writing’ includes any communications effected by letter, facsimile transmission, electronic mail or any comparable means

Our Terms and Conditions apply to all contracts for the sale of goods by the Company; any deviations are not accepted unless we expressly agree to them in writing. The placing of the order will be deemed to constitute acceptance of these terms.

2) Quotes and Orders

Quotes are valid for 3 months from the date of the quote. However, whilst we make every effort to maintain prices, occasionally unexpected rises in material and manufacture costs may affect prices quoted. It is advised that the Customer contact the Company to confirm the quote is still valid. Orders are accepted by the Company only in the form of a written purchase order. Acceptance of the order by the Company is deemed as the Customer accepting the Terms and Conditions of sale. The Company will provide written confirmation of the order. The Customer must notify the Company, within 24 hours of receipt of the order confirmation, of any changes required to the order. Where notification is not received, implied acceptance of the accuracy of the order will be assumed and bespoke manufacture will commence. Subsequent alteration or amendment will incur a penalty charge. It is the responsibility of the Customer to ensure the product ordered is suitable for the end user and the specific requirements are accurate. The Company will not be held liable for errors made by the Customer.

3) Prices

The price quoted upon application to the Company is exclusive of VAT which will be added to the price for the goods at the rate applicable at the date of invoice.
The Company reserves the right to alter any of its prices at any time.
The Company’s price list is for guidance only and may be varied at any time by the Company without notice. The price ruling shall be that at the date of quotation.

4) Payment

Unless credit terms have been agreed in writing, a 50% deposit is required with the written order and the balance paid in full prior to despatch.
Where a credit account has been opened, the invoice for the goods will become due 30 days from the date of invoice. In the event that the Customer fails to make payment by that date the Company may, without prejudice to any other rights it may have:

a) Suspend all further deliveries to the Customer under the contract in question or any other contract
b) Require payment in advance for any future deliveries
c) Require payment of interest on the amount due at a compound annual rate of 3% per annum above the Bank of England Base Rate for the time prevailing from the date when payment
becomes due to the actual date of payment
d) Withdraw the credit account at any time and make credit reference searches in relation to the buyer
e) Remove or reduce the credit limit and review on a quarterly basis

5) Delivery

Where appropriate, the Goods will be delivered / delivered and installed by the Company’s fitters, to an address specified by the Customer on its order. The Customer will be contacted to arrange an agreed delivery date and given an estimated time of delivery.
If, at the time of the agreed delivery, the Customer for any reason cannot accept the delivery, there will be an additional charge for storage and re-delivery. The re-delivery will not take place until an additional written purchase order has been received and accepted by the Company.
Other items will be delivered by courier. In each case the Customer will sign a delivery note which will be conclusive evidence that delivery has occurred.

6) Training

For goods installed by Company fitters, practical instruction training will be given to the Customer in the use and operation of the Goods.
Where requested and quoted, training can be given on the set up, configuration and function of the Goods.

7) Title and Risk

The Goods remain the sole and absolute property of the Company until the Customer has paid for the Goods in full. The Goods are insured by and at the risk of the Company until they are off loaded at the Customers delivery address, place of business or otherwise specified address. It is then the Customer’s responsibility to insure the Goods. Customer’s right to possession of the Goods terminates if the Customer has failed to pay for the Goods in full or has a Bankruptcy order made against them.

8) Damages and Returns

The Company accepts no responsibility for any loss or damage to Goods, howsoever arising, after the Goods leave the Company’s premises except where the Company is undertaking the delivery. The Company will credit or replace any product that we agree is defective or damaged, free of charge and carriage free. Providing such Goods are not defective due to misuse and the Customer informs the Company within 3 working days of receipt. The Company does not accept liability for expenses incurred by the Customer on such defective products or for any direct or consequential damage arising from such a defect. Misuse, can refer to using the goods for a purpose other than specified and intended and/or failure to abide by the instructions outlined in the Use and Care Guide. The Company will not be responsible for damage due to storage or onwards transport by the customer.

9) Warrantees

The Goods are guaranteed against faulty material and/or workmanship for a period of twelve months from the date of delivery. The Company will under no circumstances accept responsibility for any defects whatsoever arising from misuse of any goods or arising out of situations outside the control of the Company. Where the fault is notified to the Company within 60 days of installation, the company will make no charge for delivery/re-installation. In all other cases the Company reserves to charge the Customer at it’s the prevailing rates for the costs of delivery/re-installation. Product repairs that are out of the twelve month warranty will be guaranteed for 3 months from the date of re-installation.

10) Use and Care Guides

The Company will provide the appropriate Use and Care Guide with the specific Goods. The Customer must read and adhere to the instructions as outlined in the Guide and any safety label on the product. Failure to adhere to the use and care recommendations will render the guarantee null and void.

11) Termination

The termination of an order must be received in writing within 24 hours of receipt of the order confirmation.
The Customer is responsible for confirming the cancellation has been received by the Company.
The Company reserves the right to terminate the contract to supply goods should the Customer enter into insolvency, bankruptcy, or any arrangements with its creditors, or breach of contract.

12) Clerical Errors

The Company reserves the right to correct typographical clerical or other errors or omissions in any sales literature, quotation, price list, acknowledgement of order, invoice or other document or information issued by the Company and such corrections shall be without any liability on the part of the Company upon discovery of the same.

13) Illustrations/Specifications

Owing to frequent minor alterations in design, the Company cannot guarantee that the Goods will be in exact accordance with illustrations provided by the Company to the Customer, such illustrations being only a general indication of the appearance of the Goods.

14) Company’s Documents

All documents issued by the Company to the Customer containing or in the form of specifications or drawings, whether issued before or after the date of Contract, shall not be copied, reproduced or communicated in any way to any other person without the Company’s prior consent in writing.

15) Force Majeure

The Company shall be entitled to cancel or suspend the Contract and /or the sale and supply of the Goods without liability for the loss or damage if performance of its obligations is prevented or in any way adversely effected by reason of any act or occurrence beyond it’s reasonable control including without prejudice to the foregoing generality, fire, accident, failure of suppliers or sub-contractors, strike, riot or civil disturbance, statutory enactment or Act of God.

16) Third Party Rights

A person who is not a party of the Contract shall have no rights under the Contract pursuant to the Contracts (Rights of Third Parties) Act 1999.

17) Health & Safety

The Company undertakes that its employees, agents and sub-contractors will at all times comply with health & safety requirements relating to the carrying out of the work under Contract. Such requirements include, in addition to statutory laws and regulations, any codes of practice and British Standards or their equivalent relating to Health or Safety which may be applicable to the performance of the Contract.

18) Discrimination

The Company shall not unlawfully discriminate within the meaning and scope of any law or regulation relating to discrimination (whether race, gender, religion, disability, age, sexual orientation or otherwise) in employment. The Company shall take all reasonable steps to secure the observance of this provision by all employees or agents of the Company and sub-contractors employed in the execution of the Contract.

19) Legal Construction

The contract shall be governed by the laws of England and the Customer agrees to submit to the non-exclusive jurisdiction of the English Courts.

20) Intellectual Property

The Company’s logo is a registered trademark of this Company in the United Kingdom and other countries. The brand names, logos and specific services of the Company are trademarked. Copyright and other relevant intellectual rights exist on all text relating to the Company’s services and the full content of the website.

21) Export
21.1) In these Conditions ‘Incoterms’ means the international rules for the interpretation of trade terms of the International Chamber of Commerce as in force at the date when the Contract is made. Unless the context otherwise requires, any term or expression which is defined in or given a particular meaning by the provisions of Incoterms shall have the same meaning in these Conditions but if there is any conflict between the provisions of Incoterms and these Conditions, the latter shall prevail.
21.2) Where the Goods are supplied for export from the United Kingdom, the provision of this clause shall (subject to any special terms agreed in writing between the Customer and the Company) apply notwithstanding any other provisions of these Conditions.
21.3) The Customer shall be responsible for complying with any legislation or regulations of the Goods into the country of destination and for the payment of any duties thereon.
21.4) Unless otherwise agreed in writing between the Customer and the Company, the Goods shall be delivered fob the air or sea port of shipment and the Company shall be under no obligation to give notice under Section 32 (3) of the Sale of Goods Act 1979.
21.5) The Company shall have no liability in respect of any damage during transit
21.6) Payments of all amounts due to the Company must be received prior to dispatch of the Goods