TERMS & CONDITIONS OF SALE 

1. DEFINITIONS

In these Conditions, the following definitions apply: 

“Acceptance Period” means 30 days from the date of the Quotation, unless otherwise stated in the Quotation. 

“Company” means Patios Southwest Limited. 

“Conditions” means these Terms and Conditions of Sale. 

“Contract” means the contract between the Company and the Customer for the sale and supply of the Goods in accordance with the Quotation, Order Confirmation and these Conditions. 

“Customer” means the trade customer, business, firm or company named in the Quotation or Order Confirmation who purchases Goods from the Company. 

“Goods” means all products, components, materials, systems, accessories and associated items supplied by the Company. 

“Installation” means the fitting, installation, adjustment, finishing, sealing, building work or other work carried out on or in connection with the Goods after delivery. 

“Marine Environment” means any location exposed to coastal, salt-laden or otherwise corrosive conditions, including locations within 2,000 metres of the coastline, unless otherwise confirmed by the Company in writing. 

“Quotation” means the quotation issued by the Company setting out, where applicable, the Goods, specification, price, payment terms, delivery address, lead time and any special conditions or limitations. 

“Specification” means the specification for the Goods stated in the Quotation or Order Confirmation. 

“Warranty Period” means the applicable manufacturer’s or Company’s standard warranty period for the relevant Goods, as stated in the applicable warranty documentation or Quotation. 

 

2. BASIS OF CONTRACT

2.1 The Company supplies Goods on a supply-only basis, unless the Company has expressly agreed otherwise in writing. 

2.2 The supply of Goods does not include Installation unless Installation has been expressly agreed in writing and identified separately in the Quotation or Order Confirmation. 

2.3 The Company will issue a Quotation to the Customer. 

2.4 If the Customer wishes to purchase the Goods on the terms set out in the Quotation, the Customer must accept the Quotation within the Acceptance Period. 

2.5 A Contract shall come into existence when the Company accepts the Customer’s order and either issues an Order Confirmation or receives payment where payment is required before manufacture. 

2.6 These Conditions apply to the Contract to the exclusion of any other terms which the Customer seeks to impose or incorporate, whether contained in a purchase order, specification, correspondence or otherwise. 

2.7 If there is any conflict between these Conditions and the Quotation or Order Confirmation, the Quotation or Order Confirmation shall prevail to the extent of the conflict. 

2.8 No variation to the Contract shall be effective unless agreed by the Company in writing. 

 

3. TRADE CUSTOMER

3.1 The Company’s Goods are supplied to trade customers only. 

3.2 The Customer confirms that it is purchasing the Goods in the course of its business  and not as a consumer. 

3.3 The Customer is responsible for ensuring that its own customers are provided with all relevant information concerning the Goods, including their suitability, installation requirements, maintenance requirements, limitations and warranty conditions. 

3.4 The Customer shall not represent to any third party that the Company has undertaken Installation or responsibility for the completed building works unless expressly agreed by the Company in writing. 

 

 

 

 

 

4. QUOTATIONS, MEASUREMENTS AND SPECIFICATION

4.1 The Customer is responsible for providing the Company with accurate measurements, drawings, dimensions, specifications, opening sizes and other information required to manufacture the Goods. 

4.2 Where the Company manufactures Goods based on information, measurements, drawings or specifications provided or approved by the Customer, the Customer accepts responsibility for their accuracy. 

4.3 The Company shall not be responsible for errors resulting from inaccurate or incomplete information supplied by the Customer. 

4.4 The Customer is responsible for ensuring that the Goods ordered are suitable for the intended application, location and method of Installation. 

4.5 The Customer must inform the Company before manufacture of any unusual or relevant site conditions, including but not limited to: 

• coastal or marine environments; 

• locations exposed to salt spray; 

• high wind or unusually exposed locations; 

• high-rise or elevated locations; 

• unusual structural conditions; 

• unusual drainage requirements; 

• restricted access; 

• unusual installation conditions; 

• swimming pool environments; and 

• any other conditions which may affect the performance, durability or suitability of the Goods. 

4.6 The Company may decline an order or recommend an alternative specification where the proposed application is considered unsuitable. 

4.7 Once manufacture has commenced, changes requested by the Customer may not be possible and, where accepted, may result in additional costs and delays. 

 

 

 

5. MANUFACTURE AND CHANGES

5.1 The Company reserves the right to make reasonable changes to the specification, design or components of the Goods where required for manufacturing, technical, regulatory or supply reasons. 

5.2 Where such changes materially affect the specification or performance of the Goods, the Company will notify the Customer where reasonably practicable. 

5.3 The Company shall not be required to make changes to Goods after manufacture has commenced. 

5.4 Any agreed amendments, cancellations or remanufacture resulting from Customer changes may be subject to additional charges. 

 

6. PRICE AND PAYMENT

6.1 The price of the Goods shall be the price stated in the Quotation or Order Confirmation. 

6.2 Unless otherwise stated, prices exclude VAT. 

6.3 Delivery, packaging, carriage and other charges shall be payable where identified in the Quotation. 

6.4 The Company reserves the right to require payment in full before manufacture or delivery. 

6.5 Where the Customer has an approved credit account, payment must be made in accordance with the agreed credit terms. 

6.6 The Customer shall not withhold, deduct or set off any payment due to the Company unless expressly agreed in writing or required by law. 

6.7 The Company reserves the right to suspend manufacture or delivery where payment is overdue. 

6.8 The Company may charge interest on overdue commercial debts in accordance with applicable legislation. 

 

7. DELIVERY

7.1 The Company will provide an estimated delivery date or delivery period. 

7.2 Any delivery date provided by the Company is an estimate unless expressly confirmed in writing as guaranteed. 

7.3 The Company shall not be responsible for delays caused by circumstances outside its reasonable control, including supplier delays, material shortages, transport issues, industrial action, adverse weather, manufacturing problems or Customer delays. 

7.4 The Customer must ensure that the delivery location is safe and suitable for delivery. 

7.5 The Customer must provide suitable personnel and equipment where required to unload the Goods. 

7.6 Where delivery cannot reasonably be completed because of unsuitable access, unsafe conditions or failure by the Customer to provide suitable assistance, additional delivery or storage charges may apply. 

 

8. INSPECTION AND DELIVERY DAMAGE

8.1 The Customer must inspect the Goods as soon as reasonably practicable following delivery. 

8.2 Any visible transport damage or shortage must be notified to the Company within 2 working days and confirmed in writing within 7 days. 

8.3 The Customer must provide photographic evidence where requested. 

8.4 The Company must be given a reasonable opportunity to inspect any Goods alleged to be defective before the Goods are altered, repaired, installed or otherwise worked upon. 

8.5 The Company shall not accept responsibility for damage, defects or shortages which arise after delivery and which are not attributable to the Company. 

 

9. SUPPLY-ONLY BASIS AND INSTALLATION

9.1 Unless expressly agreed otherwise in writing, the Company supplies the Goods only and does not provide Installation services. 

9.2 The Customer is solely responsible for selecting and instructing suitably qualified and competent installers. 

9.3 

The Customer and/or installer is responsible for: 

• checking the opening before Installation; 

• ensuring the structure is suitable; 

• correct Installation; 

• correct fixing; 

• correct drainage; 

• correct sealing; 

• correct glazing; 

• correct adjustment; 

• following the Company’s Installation instructions; 

• complying with applicable Building Regulations and relevant standards; and 

• ensuring the completed Installation is suitable for the building and location. 

9.4 The Company shall not be responsible for defects, leaks, operational problems, water ingress or damage caused wholly or partly by incorrect Installation, inadequate preparation, incorrect fixing, incorrect sealing, inadequate drainage or failure to follow Installation instructions. 

9.5 The Company shall not be liable for the cost of removing, replacing, making good, decorating, rendering, plastering, electrical work, scaffolding, access equipment or other building works associated with investigation or remedial works unless expressly agreed in writing. 

9.6 The Customer must not instruct third parties to carry out remedial works which it seeks to recover from the Company without first giving the Company a reasonable opportunity to inspect and, where appropriate, remedy the alleged defect. 

9.7 Where the Customer or its contractor undertakes remedial work without giving the Company a reasonable opportunity to inspect the alleged defect, the Company reserves the right to reject liability for associated costs. 

 

10. SUITABILITY AND SITE CONDITIONS

10.1 The Customer is responsible for assessing whether the Goods are suitable for the intended location and application. 

10.2 Particular consideration must be given to exposed, coastal and marine environments. 

10.3 Where Goods are intended for use in a Marine Environment, the Customer must notify the Company before manufacture. 

10.4 The performance and durability of products can be affected by salt, wind, pollution, moisture, drainage, cleaning products and other environmental factors. 

10.5 The Company shall not be responsible for deterioration, corrosion, finish failure or other damage resulting from an unsuitable environment where the relevant environmental conditions were not disclosed to the Company or where the Goods were not specified for that environment. 

10.6 Where the Customer is unsure whether Goods are suitable for a particular application, it must obtain written confirmation from the Company before placing the order. 

 

11. WARRANTY

11.1 The Goods are supplied with the applicable standard manufacturer’s warranty for the relevant product. 

11.2 The applicable Warranty Period will be as stated in the relevant warranty documentation, Quotation or product information. 

11.3 The warranty applies subject to the manufacturer’s warranty conditions and the requirements of these Conditions. 

11.4 A warranty claim must be notified to the Company in writing within a reasonable period after the Customer becomes aware of the alleged defect. 

11.5 The Company must be given a reasonable opportunity to inspect the Goods and, where appropriate, inspect the Installation before any remedial work is undertaken. 

11.6 Where a valid warranty claim is established, the Company may, at its discretion and subject to the applicable manufacturer’s warranty: 

• repair the Goods; 

• replace the defective component or Goods; or 

• provide an appropriate credit or refund. 

11.7 The warranty does not cover defects or damage caused by: 

• incorrect Installation; 

• poor workmanship; 

• failure to follow Installation instructions; 

• misuse; 

• neglect; 

• inadequate maintenance; 

• accidental damage; 

• modification or alteration; 

• unauthorised repairs; 

• abnormal use; 

• unsuitable site conditions; 

• exposure to corrosive or marine environments where the product is not suitable; 

• inadequate drainage; 

• incorrect glazing; 

• incorrect adjustment; 

• damage occurring after delivery; 

• normal wear and tear; or 

• any other circumstances excluded by the applicable manufacturer’s warranty. 

 

12. ALUMINIUM PRODUCTS AND COASTAL ENVIRONMENTS

12.1 Where aluminium products are supplied, the Customer must consider the environmental conditions in which the products will be installed. 

12.2 Exposure to salt water, salt spray, coastal conditions and other corrosive environments may affect the durability and appearance of aluminium products and finishes. 

12.3 The Customer must disclose any coastal or marine location before manufacture. 

12.4 Where a product is not suitable for the proposed environment, the Company may decline to warrant the product for that application or recommend an alternative specification. 

12.5 The Customer is responsible for ensuring that appropriate maintenance and cleaning procedures are followed. 

 

13. DEFECTS AND CLAIMS

13.1 Where the Customer believes that Goods are defective, it must notify the Company promptly and provide reasonable information and evidence supporting the claim. 

13.2 

The Company may require: 

• photographs; 

• videos; 

• measurements; 

• installation details; 

• details of the installer; 

• installation dates; 

• product identification; 

• site information; and 

• access to the Goods or site for inspection. 

13.3 The Company shall be given a reasonable opportunity to investigate an alleged defect before the Customer incurs third-party costs. 

13.4 No admission of liability shall arise merely because the Company agrees to inspect, investigate or assist with a complaint. 

13.5 Where investigation establishes that the issue is caused by Installation, workmanship, site conditions or matters outside the Company’s responsibility, the Company may charge reasonable costs where applicable and shall not be responsible for third-party remedial costs. 

 

14. THIRD-PARTY COSTS AND REMEDIAL WORK

14.1 The Company shall not be responsible for invoices issued by third parties unless the Company has expressly authorised the work and agreed to the costs in writing before the work is undertaken. 

14.2 

This includes, without limitation: 

• builders; 

• fitters; 

• decorators; 

• plasterers; 

• renderers; 

• electricians; 

• scaffolders; 

• cleaners; 

• labour; 

• skips; 

• materials; 

• accommodation; 

• travel; and 

• compensation claims. 

14.3 The Customer must not assume that the Company accepts liability for remedial costs simply because the Company is informed that works are required. 

14.4 Any contribution made by the Company towards remedial works shall be treated as a commercial settlement or goodwill payment where expressly stated in writing and shall not constitute an admission of liability. 

 

15. LIMITATION OF LIABILITY

15.1 Nothing in these Conditions shall exclude or restrict liability which cannot lawfully be excluded or restricted. 

15.2 Subject to clause 15.1, the Company shall not be liable for indirect or consequential losses. 

15.3 

This includes, where legally permitted: 

• loss of profit; 

• loss of business; 

• loss of contracts; 

• loss of revenue; 

• loss of goodwill; 

• business interruption; and 

• consequential costs arising from third-party claims. 

15.4 Subject to clause 15.1, the Company’s total liability arising from any Contract shall not exceed the price paid or payable for the Goods giving rise to the claim, unless otherwise expressly agreed in writing. 

15.5 The Company shall not be responsible for losses arising from Installation carried out by the Customer or a third party. 

15.6 The Company shall not be responsible for building works, property damage or other consequential costs arising from incorrect Installation or site conditions outside the Company’s control. 

 

16. CUSTOMER INDEMNITY

16.1 The Customer shall be responsible for losses, costs and claims arising from its failure to: 

• provide accurate information; 

• provide accurate measurements; 

• disclose relevant site conditions; 

• ensure suitability; 

• ensure correct Installation; or 

• comply with the Company’s instructions. 

16.2 The Customer shall be responsible for claims made against the Company by third parties to the extent that such claims arise from Installation, workmanship or other matters for which the Customer or its contractor is responsible. 

 

17. TITLE AND RISK

17.1 Risk in the Goods shall pass to the Customer in accordance with the agreed delivery arrangements. 

17.2 Title to the Goods shall remain with the Company until the Company has received payment in full for all sums due under the relevant Contract and, where applicable, other sums owed by the Customer. 

17.3 The Customer shall take reasonable care of the Goods following delivery and before Installation. 

 

18. CANCELLATION

18.1 Once manufacture has commenced, an order may not be cancelled without the Company’s written agreement. 

18.2 Where cancellation is agreed, the Customer shall be responsible for reasonable costs incurred by the Company, including manufacturing, materials, administration, transport and other costs. 

18.3 Specially manufactured or bespoke Goods may not be returnable. 

 

19. FORCE MAJEURE

The Company shall not be liable for failure or delay caused by circumstances outside its reasonable control, including but not limited to: 

• supplier failure; 

• material shortages; 

• transport disruption; 

• industrial action; 

• machinery breakdown; 

• power failure; 

• fire; 

• flood; 

• severe weather; 

• government action; 

• changes in legislation; 

• pandemics; 

• war; or 

• other events beyond the Company’s reasonable control. 

 

20. GENERAL

20.1 No failure or delay by the Company in exercising any right shall constitute a waiver of that right. 

20.2 If any provision of these Conditions is found to be invalid or unenforceable, the  remaining provisions shall continue in force. 

20.3 The Contract constitutes the agreement between the Company and the Customer concerning the Goods and supersedes previous agreements relating to the same subject matter, subject to any express written terms agreed by the Company. 

20.4 No variation to these Conditions shall be effective unless agreed in writing by an authorised representative of the Company. 

20.5 These Conditions and the Contract shall be governed by the laws of England and Wales. 

20.6 The parties submit to the jurisdiction of the courts of England and Wales, subject to any applicable statutory rights. 

 

IMPORTANT CUSTOMER RESPONSIBILITIES 

By placing an order with Patios Southwest Limited, the Customer acknowledges that it is responsible for: 

1. Providing accurate measurements and specifications. 

1. Confirming that the Goods are suitable for the intended application. 

1. Informing Patios Southwest Limited of coastal, marine or unusually exposed locations before manufacture. 

1. Selecting a competent installer. 

1. Ensuring correct Installation. 

1. Following all relevant Installation instructions. 

1. Ensuring suitable drainage, sealing and fixing. 

1. Maintaining the Goods in accordance with the manufacturer’s requirements. 

1. Giving Patios Southwest Limited a reasonable opportunity to inspect alleged defects before remedial work is undertaken. 

1. Obtaining written approval before incurring third-party remedial costs which it intends to claim from Patios Southwest Limited. 

Patios Southwest Limited is a supply-only trade supplier unless Installation services have been expressly agreed in writing