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Terms and Conditions - Buying "face to face" and over the phone.

This information applies exclusively to direct sales via the phone or via direct contact with a Doorsan representative. Please see here for our Online Sales Terms & Conditions.

1. ABOUT US

These Terms set out the basis on which Doorsan will supply Products to the Customer. The Customer’s attention is drawn to clauses 8, 9, 10, 11 and 13 and Schedule 1 of these Terms.

2. INTERPRETATION

2.1 Definitions. In these Terms, the following definitions apply:
Bespoke Products or Special Order Products: Products designed for any specific or bespoke requirements of the Customer.
Business Day: a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.
Contract: the contract between Doorsan and the Customer for the sale and purchase of the Products in accordance with these Terms.
Customer: the person or firm who purchases the Products from Doorsan.
Force Majeure Event: has the meaning given in clause 14.
Order: the Customer's order for the Products, as set out in the Invoice issued to the Customer.
Invoice: means Doorsan’ invoice to the Customer.
Ordered Products: Products ordered in from a supplier at the request of a customer.
Products: the doors, door frames and door accessory products sold by Doorsan to the Customer, which are more particularly set out in the Order.
Proof of Delivery: means the document that contains the number of items within the delivery, which is to be signed by the Customer to confirm delivery of the Product(s).
Terms: the terms and conditions set out in this document as amended from time to time in accordance with clause 16.6.
Specification: any specification for the Products, including any related plans and drawings, that is agreed in writing by the Customer and Doorsan.
Stock Products: Products that are allocated and taken from Doorsan’ own stock.
Doorsan: Doorsan Ltd (registered in England and Wales with company number 6359790 and whose Registered Office is at Unit 8, Allerton Bywater Network Centre, Letchmire Road, Allerton Bywater, Castleford, WF10 2DB.)
Website: means the website of Doorsan at http://www.doorsan.co.uk
Website Catalogue: means the catalogue of Doorsan’ Products as displayed on the Website.

2.2 Construction. In these Terms, the following rules apply:
(a) A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
(b) A reference to a party includes its personal representatives, successors or permitted assigns.
(c) A reference to a statute or statutory provision is a reference to such statute or provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted.
(d) Any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
(e) A reference to writing or written includes faxes and e-mails.

3. BASIS OF CONTRACT

3.1 These Terms apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

3.2 The Order constitutes an offer by the Customer to purchase the Products in accordance with these Terms. The Customer is responsible for ensuring that the terms of the Order and any applicable Specification submitted by the Customer are complete and accurate.

3.3 The Order shall only be deemed to be accepted when Doorsan issues the Invoice to the Customer, at which point the Contract shall come into existence.

3.4 The Contract constitutes the entire agreement between the parties. The Customer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of Doorsan which is not set out in the Contract.

3.5 Any samples, drawings, descriptive matter, or advertising produced by Doorsan and any descriptions or illustrations contained in Doorsan’ catalogues or brochures are produced for the sole purpose of giving an approximate idea of the Products described in them. They shall not form part of the Contract or have any contractual force.

3.6 A quotation for the Products given by Doorsan shall not constitute an offer. A quotation shall only be valid for a period of fourteen (14) Days from its date of issue.

4. PRODUCTS

4.1 The Products are described in Doorsan’ Website Catalogue or (in the case of Bespoke Products) any quotation given by Doorsan.

4.2 Although Doorsan make every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated in Doorsan’ catalogue have a 2% tolerance.

4.3 Nothing in these Terms affects the Customer’s statutory rights when dealing with Doorsan as a Consumer.

5. DELIVERY

Where the customer is a business the following clauses will apply:

5.1 Doorsan shall ensure that:
(a) each delivery of the Products is accompanied by a Proof of Delivery which will contain the number of items; and
(b) if Doorsan requires the Customer to return any packaging materials to them, that fact is clearly stated on the Invoice. The Customer shall make any such packaging materials available for collection at such times as Doorsan shall reasonably request. Returns of packaging materials shall be at Doorsan’ expense.

5.2 The Customer must sign the Proof of Delivery, either when the Products arrive at the Delivery Location or when the Customer collects the Products at the Collection Location. Failure to sign the Proof of Delivery by the Customer will mean that Doorsan will not leave the Products at the Delivery Location, and a rescheduled delivery charge set out in clause 5.4 below will apply.

5.3 Delivery will take place by one of the following methods:
(a) Doorsan shall deliver the Products by pallet to the kerb of the location set out in the Order or such other location as the parties may agree (Delivery Location) at any time after Doorsan notifies the Customer that the Products are ready; or
(b) Doorsan shall deliver the Products by wagon to the required position (ground floor only) at the location set out in the Order or such other location as the parties may agree (Delivery Location) at any time after Doorsan notifies the Customer that the Products are ready; or
(c) the Customer shall collect the Products from Doorsan’ warehouse at Unit 8, Allerton Bywater Network Centre, Letchmire Road, Allerton Bywater, Castleford, WF10 2DB or such other location as may be advised by Doorsan prior to delivery (Collection Location) within fourteen (14) Business Days of Doorsan notifying the Customer that the Products are ready.

5.4 Delivery of the Products shall be completed on the Products' arrival at the Delivery Location, or the collection of the Products by the Customer at the Collection Location and signature of the Proof of Delivery.

5.5 Delivery dates that have to be cancelled or rescheduled due to the Customer’s circumstances or because the Customer has failed to sign the Proof of Delivery, will be subject to a transport charge of £80.00 plus VAT for the first item and £20.00 plus VAT for each and every further item in the Order.

5.6 Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. Doorsan shall not be liable for any delay in delivery of the Products that is caused by a Force Majeure Event or the Customer's failure to provide Doorsan with adequate delivery instructions or any other instructions that are relevant to the supply of the Products.

5.7 If Doorsan fails to deliver the Products, its liability shall be limited to the costs and expenses incurred by the Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Products. Doorsan shall have no liability for any failure to deliver the Products to the extent that such failure is caused by a Force Majeure Event or the Customer's failure to provide Doorsan with adequate delivery instructions or any other instructions that are relevant to the supply of the Products

5.8 If the Customer fails to take or accept delivery of the Products within fourteen (14) Business Day of Doorsan notifying the Customer that the Products are ready, then, except where such failure or delay is caused by a Force Majeure Event or Doorsan’ failure to comply with its obligations under the Contract:
(a) delivery of the Products shall be deemed to have been completed at 9.00 am on the fourteenth (14th) Business Day after the day on which Doorsan notified the Customer that the Products were ready; and
(b) Doorsan shall store the Products until delivery takes place, and charge the Customer for all related costs and expenses (including insurance).

5.9 If thirty (30) Business Days after the day on which Doorsan notified the Customer that the Products were ready for delivery the Customer has not taken or accepted delivery of them, title in the Products shall revert to Doorsan and Doorsan may resell or otherwise dispose of part or all of the Products.

5.10 Doorsan may deliver the Products by instalments, which shall be considered as one Order. The Order will be invoiced and either paid for at one time or paid in instalments. Each instalment shall form part of the same Order. Any delay in delivery or defect in an instalment shall not entitle the Customer to cancel any other instalment.

WHERE THE CUSTOMER IS A CONSUMER THE FOLLOWING CLAUSES WILL APPLY

5.11 Doorsan shall ensure that:
(a) each delivery of the Products is accompanied by a Proof of Delivery which will contain the number of items; and
(b) if Doorsan requires the Customer to return any packaging materials to them, that fact is clearly stated on the Invoice. The Customer shall make any such packaging materials available for collection at such times as Doorsan shall reasonably request. Returns of packaging materials shall be at the Doorsan’ expense.

5.12 The Customer must sign the Proof of Delivery, either when the Products arrive at the Delivery Location or when the Customer collects the Products at the Collection Location. Failure to sign the Proof of Delivery by the Customer will mean that Doorsan will not leave the Products at the Delivery Location, and delivery will be rescheduled.

5.13 Delivery will take place by one of the following methods:
(a) Doorsan shall deliver the Products by pallet to the kerb of the location set out in the Order or such other location as the parties may agree (Delivery Location) at any time after Doorsan notifies the Customer that the Products are ready; or
(b) Doorsan shall deliver the Products by wagon to the required position (ground floor only) at the location set out in the Order or such other location as the parties may agree (Delivery Location) at any time after Doorsan notifies the Customer that the Products are ready; or
(c) the Customer shall collect the Products from Doorsan’ warehouse at Unit 8, Allerton Bywater Network Centre, Letchmire Road, Allerton Bywater, Castleford, WF10 2DB or such other location as may be advised by Doorsan prior to delivery (Collection Location) within fourteen (14) Business Days of Doorsan notifying the Customer that the Products are ready.

5.14 Delivery of the Products shall be completed on the Products' arrival at the Delivery Location, or the collection of the Products by the Customer at the Collection Location.

5.15 Any dates quoted for delivery are approximate only. Doorsan shall not be liable for any delay in delivery of the Products that is caused by a Force Majeure Event or the Customer's failure to provide Doorsan with adequate delivery instructions or any other instructions that are relevant to the supply of the Products.

5.16 If the Customer fails to take or accept delivery of the Products within fourteen (14) Business Day of Doorsan notifying the Customer that the Products are ready, then, except where such failure or delay is caused by a Force Majeure Event or Doorsan’ failure to comply with its obligations under the Contract:
(a) delivery of the Products shall be deemed to have been completed at 9.00 am on the fourteenth (14th) Business Day after the day on which Doorsan notified the Customer that the Products were ready; and
(b) Doorsan shall store the Products until delivery takes place, and charge the Customer for all related costs and expenses (including insurance).

5.17 If thirty (30) Business Days after the day on which Doorsan notified the Customer that the Products were ready for delivery the Customer has not taken or accepted delivery of them, title in the Products shall revert to Doorsan and Doorsan may resell or otherwise dispose of part or all of the Products.

5.18 Doorsan may deliver the Products by instalments, which shall be considered as one Order. The Order will be invoiced and either paid for at one time or paid in instalments. Each instalment shall form part of the same Order. Any delay in delivery or defect in an instalment shall not entitle the Customer to cancel any other instalment.

6. QUALITY AND WARRANTY

6.1 Doorsan warrants that on delivery and for a period of twelve (12) months from the date of delivery (Warranty Period), the Products shall:
(a) conform in all material respects with their description;
(b) be free from material defects in design, material and workmanship (with the exception of special offer, clearance or sale Products where defects may be present, as stated) ; and
(c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
(c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
(e) in the case of Consumers, be fit for any purpose made known to Doorsan.

6.2 Subject to clause 6.4, if in the case of Stock Products or Ordered Products:
(a) the Customer gives notice in writing to Doorsan during the Warranty Period within seven (7) days of delivery that some or all of the Products do not comply with the warranty set out in clause 6.1;
(b) Doorsan is given a reasonable opportunity of examining such Products; and
(c) the Customer (if asked to do so by Doorsan) returns such Products to Doorsan’ place of business at the Customer's cost.

Doorsan shall, at its option, repair or replace the defective Products, or refund the price of the defective Products in full.Doorsan shall, at its option, repair or replace the defective Products, or refund the price of the defective Products in full.

6.3 Doorsan will not be liable or responsible for payment of indirect or consequential losses, including but not limited to fitting and/or finishing costs, arising from a Product failure which is due to a manufacturing fault.

6.4 Doorsan shall not be liable for any Products' failure to comply with the warranty set out in clause 6.1 in any of the following events:
(a) the Customer makes any further use of such Products after giving notice in accordance with clause 6.2;
(b) the defect arises because the Customer failed to follow Doorsan written instructions as to the storage, commissioning, installation and maintenance of the Product as set out in Schedule 1;
(c) the defect arises as a result of Doorsan following any drawing, design or Specification supplied by the Customer;
(d) the Customer alters or repairs such Products without the written consent of Doorsan;
(e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or
(f) the Products differ from their description as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.

6.5 Except as provided in this clause 6, Doorsan shall have no liability to the Customer in respect of the Products' failure to comply with the warranty set out in clause 6.1.

6.6 These Terms shall apply to any repaired or replacement Products supplied by Doorsan.

6.7 Doorsan shall not be obliged to provide any warranty in respect of Products for a period longer than the Warranty Period, whether or not such longer warranty is provided by the Manufacturer of the Products in question.

7. NOTIFICATION OF QUERIES AND COMPLAINTS

If the Customer has a complaint or query to raise with Doorsan, the Customer must send them directly to Doorsan by e-mail at service@doorsan.co.uk or by post at Doorsan Ltd, Unit 8, Allerton Bywater Network Centre, Letchmire Road, Allerton Bywater, Castleford, WF10 2DB.

8. THE CUSTOMER'S OBLIGATIONS

8.1 It is the Customer’s responsibility to check the Invoice supplied at the time of placing the Order to ensure that the Products listed on the Invoice are the items required and of the correct dimensions, style, timber type and the correct fire rating (if required), this is especially important where the items are bespoke sizes.

8.2 It is the Customer’s responsibility to carry out an inspection of the condition of the Products (or any instalment of the Products delivered from time to time) on the date of delivery. The inspection should be carried out prior to accepting delivery of the Order (or any part of an Order) by signing the Proof of Delivery in accordance with clauses 5.1 (a) and 5.11 (a), and prior to any alterations the Customer wishes to make to the Products.

8.3 The Customer shall not engage any joiner, carpenter, fitter or decorator to carry out any work on the Products (or any instalment of Products), including any of the work set out in Schedule 1, until the full Order has been delivered and inspected by the Customer and the Customer has satisfied itself (acting reasonably) that the Products are free from defects.

8.4 It is the Customer’s responsibility to check the original Invoice to ensure that the Products delivered correspond with the Order. In the event that the Products delivered are damaged or do not correspond with the Order the Customer shall, subject to the provisions of clause 6 of these Terms, notify Doorsan of any such damage or defect by writing “Damaged” on the Proof of Delivery together with details of such damage or defect. If such damage or defect is notified to Doorsan, the issue shall be dealt with in accordance with clause 6.

9. TITLE AND RISK

9.1 The risk in the Products shall pass to the Customer on completion of delivery which will occur:
(a) when the Customer takes or accepts delivery at the Collection Location, at the time of collection; or
(b) where the Customer is a Business, when Doorsan delivers the Products to the Delivery Location, at the time the carrier takes possession of the Products; or
(c) where the Customer is a Consumer, when Doorsan delivers the Products to the Delivery Location, at the time the Products arrive at the Delivery Location and the Proof of Delivery is signed.

9.2 Title to the Products shall not pass to the Customer until Doorsan has received payment in full (in cash or cleared funds) for the Products.

9.3 Should the Customer, for any reason not accept delivery of the Products within thirty (30) Business Days after the day on which Doorsan notified the Customer that the Products were ready for delivery, title in the Products shall revert to Doorsan.

9.4 Until title to the Products has passed to the Customer, the Customer shall:
(a) hold the Products on a fiduciary basis as Doorsan’ bailee;
(b) store the Products separately from all other products held by the Customer so that they remain readily identifiable as Doorsan’ property;
(c) not remove, deface or obscure any identifying mark or packaging on or relating to the Products;
(d) maintain the Products in satisfactory condition and keep them insured against all risks for their full price from the date of delivery;
(e) notify Doorsan immediately if it becomes subject to any of the events listed in clause 12.2; and
(f) give Doorsan such information relating to the Products as Doorsan may require from time to time.

9.5 If before title to the Products passes to the Customer the Customer becomes subject to any of the events listed in clause 12.2, or Doorsan reasonably believes that any such event is about to happen and notifies the Customer accordingly, then, provided that the Products have not been resold, or irrevocably incorporated into another product, and without limiting any other right or remedy Doorsan may have, Doorsan may at any time require the Customer to deliver up the Products and, if the Customer fails to do so promptly, enter any premises of the Customer or of any third party where the Products are stored in order to recover them, and the Customer grants Doorsan an irrevocable non-exclusive licence to enter such premises in order to recover those Products, for the period commencing on the date an Order is placed until the later of:
(a) payment of the price of the Products has been paid in full to Doorsan; or
(b) the date such Products are recovered by Doorsan under this clause 9.5.

10. PRICE AND PAYMENT

10.1 Where the Customer is a Business then the price of the Products shall be the price set out in the Order, or, if no price is quoted, the price set out in Doorsan’ Website price in force as at the date of delivery.

10.2 Where the Customer is a Consumer, then the price of the Products shall be the price set out in the Order, or, if no price is quoted, the price set out in Doorsan’ Website price in force as at the date of the Order.

WHERE THE CUSTOMER IS A BUSINESS THEN THE FOLLOWING CLAUSE WILL APPLY

10.3 Doorsan may, by giving notice to the Customer at any time up to three (3) Business Days before delivery, increase the price of the Products to reflect any increase in the cost of the Products that is due to:
(a) any factor beyond Doorsan’ control (including foreign exchange fluctuations, increases in taxes and duties, and increases in labour, materials and other manufacturing costs);
(b) any request by the Customer to change the delivery date(s), quantities or types of Products ordered, or the Specification; or
(c) any delay caused by any instructions of the Customer or failure of the Customer to give Doorsan adequate or accurate information or instructions.

10.4 The price of the Products is inclusive of the costs of packaging and insurance, with charges for the transport (itemized separately) of the Products, which shall be invoiced to the Customer.

10.5 The price of the Products is inclusive of amounts in respect of value added tax (VAT). The Customer shall, on receipt of a valid VAT invoice from Doorsan, pay to Doorsan such additional amounts in respect of VAT as are chargeable on the supply of the Products.

10.6 The Customer shall pay the Invoice in full and in cleared funds by the date that the Products are despatched for delivery or collected by the Customer. Payment shall be made to the bank account nominated in writing by Doorsan. Time of payment is of the essence.

10.7 If the Customer fails to make any payment due to Doorsan under the Contract by the due date for payment (Due Date), then:
(a) where the Customer is a Business, the Customer shall pay interest on the overdue amount at the rate of 8% per annum above Cater Allen Private Bank’s base rate from time to time. Such interest shall accrue on a daily basis from the Due Date until the date of actual payment of the overdue amount, whether before or after judgment; or
(b) where the Customer is a Consumer, the Customer shall pay interest on the overdue amount at the rate of 3% per annum above Cater Allen Private Bank’s base rate from time to time. Such interest shall accrue on a daily basis from the Due Date until the date of actual payment of the overdue amount, whether before or after judgment.

10.8 The Customer shall pay the interest together with the overdue amount.

10.9 Where the Customer is a Business, the Customer shall pay all amounts due under the Contract in full without any deduction or withholding except as required by law and the Customer shall not be entitled to assert any credit, set-off or counterclaim against Doorsan in order to justify withholding payment of any such amount in whole or in part. Doorsan may at any time, without limiting any other rights or remedies it may have, set off any amount owing to it by the Customer against any amount payable by Doorsan to the Customer.

11. CANCELLATION, RETURN & REFUND

11.1 The Customer’s legal right to cancel an Order starts from the date of the Order. If the Products have already been delivered to the Customer, the Customer has a period of seven (7) Business Days in which they may cancel; starting from the day after the Customer received the Product(s).

11.2 If the Customer cancels an order for a Stock Product or an Ordered Product, before Delivery of the Products, a full refund for the price of the Product will be issued to the Customer.

11.3 If the Customer cancels an Order for a Special Order Product, before the Customer has received the Product, a refund of 20% of the price of the Product will be issued to the Customer.

11.4 Once the Customer has received the Order for a Special Order Product, the Customer may not under any circumstances (except that of a warranty replacement) return the Product.

11.5 The Customer may not return a Product if any alterations have been made to a Product, whether or not the Product is faulty, not fit for purpose or damaged, and a refund will not be issued.

WHERE THE CUSTOMER IS A CONSUMER THEN THE FOLLOWING CLAUSE WILL APPLY

11.6 If the Customer cancels an Order for a Stock Product or an Ordered Product, a full refund of the price of the Product will be issued to the Customer. If Delivery of the Product has already taken place, then Doorsan will charge the Customer the cost of collection or the Customer will have to pay the cost of returning the Products.

WHERE THE CUSTOMER IS A BUSINESS THEN THE FOLLOWING CLAUSES WILL APPLY

11.7 If the Customer cancels an Order for a Stock Product or an Ordered Product which has been delivered to Doorsan, it will be subject to an administration and restocking charge of 25% (variable at Doorsan’ discretion).

11.8 Delivery charges will not be refunded under any circumstances where the Customer has ordered the Products incorrectly. In such cases if exchange of Product is required we will charge again for delivery and/or collection at the full rate.

12. CUSTOMER'S INSOLVENCY OR INCAPACITY

12.1 If the Customer becomes subject to any of the events listed in clause 12.2, or Doorsan reasonably believes that the Customer is about to become subject to any of them and notifies the Customer accordingly, then, without limiting any other right or remedy available to Doorsan, Doorsan may cancel or suspend all further deliveries under the Contract or under any other contract between the Customer and Doorsan without incurring any liability to the Customer, and all outstanding sums in respect of Products delivered to the Customer shall become immediately due.

12.2 For the purposes of clause 12.1, the relevant events are:
(a) the Customer suspends, or threatens to suspend, payment of its debts, or is unable to pay its debts as they fall due or admits inability to pay its debts, or (being a company) is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986, or (being an individual) is deemed either unable to pay its debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986, or (being a partnership) has any partner to whom any of the foregoing apply;
(b) the Customer commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with its creditors other than (where the Customer is a company) where these events take place for the sole purpose of a scheme for a solvent amalgamation of the Customer with one or more other companies or the solvent reconstruction of the Customer;
(c) (being a company) a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of the Customer, other than for the sole purpose of a scheme for a solvent amalgamation of the Customer with one or more other companies or the solvent reconstruction of the Customer;
(d) (being an individual) the Customer is the subject of a bankruptcy petition or order;
(e) a creditor or encumbrancer of the Customer attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of its assets and such attachment or process is not discharged within fourteen (14) days;
(f) (being a company) an application is made to court, or an order is made, for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over the Customer;
(g) (being a company) a floating charge holder over the Customer's assets has become entitled to appoint or has appointed an administrative receiver;
(h) a person becomes entitled to appoint a receiver over the Customer's assets or a receiver is appointed over the Customer's assets;
(i) any event occurs, or proceeding is taken, with respect to the Customer in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in clause 12.2(a)to clause 12.2(h) (inclusive);
(j) the Customer suspends, threatens to suspends, ceases or threatens to cease to carry on all or substantially the whole of its business;
(k) the Customer's financial position deteriorates to such an extent that in Doorsan’ opinion the Customer's capability to adequately fulfil its obligations under the Contract has been placed in jeopardy; and
(l) (being an individual) the Customer dies or, by reason of illness or incapacity (whether mental or physical), is incapable of managing his or her own affairs or becomes a patient under any mental health legislation.

12.3 Termination of the Contract, however arising, shall not affect any of the parties' rights and remedies that have accrued as at termination. Clauses which expressly or by implication survive termination of the Contract shall continue in full force and effect.

13. LIMITATION OF LIABILITY

13.1 Nothing in these Terms shall limit or exclude Doorsan’ liability for:
(a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979;
(d) defective products under the Consumer Protection Act 1987; or
(e) any matter in respect of which it would be unlawful for Doorsan to exclude or restrict liability.

13.2 Subject to clause 13.1 Doorsan shall have no liability in respect of any damage or defect caused to any Products arising out of the Customer or its contractor carrying out any of the finishing work set out in Schedule 1, or any other alterations carried out to the Products by the Customer or any person authorised by the Customer.

13.3 Where the Customer is a Business, subject to clause 13.1:
(a) Doorsan shall under no circumstances whatever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and
(b) Doorsan total liability to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 50% of the price of the Products.

13.4 Where the Customer is a Consumer, if Doorsan fail to comply with these Terms, Doorsan are responsible for loss or damage that the Customer suffers that is a foreseeable result of Doorsan breach of these Terms or negligence, but Doorsan are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of Doorsan’ breach or if they were contemplated by Doorsan and the Customer at the time these Terms were entered into.

14. FORCE MAJEURE

Neither party shall be liable for any failure or delay in performing its obligations under the Contract to the extent that such failure or delay is caused by a Force Majeure Event. A Force Majeure Event means any event beyond a party's reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party's), failure of energy sources or transport network, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters or extreme adverse weather conditions, or default of suppliers or subcontractors.

15. DATA PROTECTION

15.1 Doorsan will use the personal information the Customer provides to:

(a) provide the Products;
(b) process the payment for such Products; and
(c) inform the Customer about similar Products that Doorsan provide, but the Customer may contact Doorsan at any time to stop receiving these communications.

15.2 Doorsan will not give the Customer’s data to any third party.

16. GENERAL

16.1 Assignment and subcontracting
(a) Doorsan may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract.
(b) The Customer may not assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract without the prior written consent of Doorsan.

16.2 Notices
(a) Any notice or other communication given to a party under or in connection with the Contract shall be in writing, addressed to that party at its registered office (if it is a company) or its principal place of business (in any other case) or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally, sent by pre-paid first class post, recorded delivery, commercial courier or e-mail.
(b) A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in clause 16.2(a); if sent by pre-paid first class post or recorded delivery, at 9.00 am on the second Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed; or, if sent by e-mail, one (1) Business Day after transmission.
(c) The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

16.3 Severance
(a) If any court or competent authority finds that any provision of the Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected.
(b) If any invalid, unenforceable or illegal provision of the Contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.

16.4 Waiver
A waiver of any right or remedy under the Contract is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.

16.5 Third party rights
A person who is not a party to the Contract shall not have any rights under or in connection with it.

16.6 Variation
Except as set out in these Terms, any variation to the Contract, including the introduction of any additional terms and conditions, shall only be binding when agreed in writing and signed by Doorsan.

16.7 Governing law and jurisdiction
The Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.

SCHEDULE 1

In order to validate any Warranty or manufacturer’s guarantee, the following advisory notes in relation to the storage, finishing, and maintenance of the Products must be followed.

1. In relation to the storage of Products the Customer must:
(a) Store the Products in a cool, dry atmosphere;
(b) Store the Products in a flat position;
(c) Ensure that the Products are not exposed to a damp room; and
(d) Ensure the Products are not exposed to central heating or any form of direct heat.

2. In relation to the finishing of the Products that are intended for external use the Customer must:
(a) Seal the relevant Products immediately after unpacking and prior to the hanging procedure, by generously applying one base coat of “Sikkens HLS plus” and a minimum of two top coats of “Sikkens Filter 7 plus” or alternatively one base coat of “Sadolin Ultra base coat” and a minimum of two top coats of “Sadolin Ultra Highly Translucent Wood Stain” to the front, back, sides, top and bottom; and
(b) Additionally seal any planed edges and cut outs during the hanging procedure, so no moisture ingress can occur.

3. In relation to the finishing of the Products that are intended for internal use the Customer must:
(a) Seal the door immediately after unpacking and prior to the hanging procedure, by applying at least three coats of an oil based varnish or paint to the front, back, sides, top and bottom;
(b) Additionally seal any planed edges and cut outs during the hanging procedure; and
(c) Seal the timber using Rubio Monocoat Oil UV R2 (UV catalysed finishing oil)..

4. In relation to the maintenance of the Products, it is suggested that every three (3) years each product is lightly sanded and a refresher coat applied.