British Aluminium LLC’s Terms & Conditions of Sale
These “Terms and conditions of sale” called the “Conditions”. The Conditions shall apply to all sales of products by British Aluminium LLC “called British Aluminium”. Deviations from the Conditions shall not apply unless separately agreed in writing.
Whenever used in these conditions the following terms shall have the following meanings: “Product” or "Products" or “goods” shall mean product or products sold by British Aluminium;
“Certification” shall mean the fire or ballistic resistant, 3rd party and government approval certificates provided by British Aluminium.
“Frames” shall mean glazed facades, walls, windows, doors, and sliding doors.
3. Project Delivery
3.1 The Products shall be delivered and installed by British Aluminium to the buyers project, unless otherwise agreed in writing.
3.2 The Buyer undertakes to inspect deliveries of the Products for transport damage or shortage upon completion and without delay (and not later than within 7 days) notify the delivery agent in case of damage In the case of damage not repairable by the Buyer, British Aluminium must simultaneously be advised.
3.3 British Aluminium shall observe the agreed time for delivery to the best of its ability but in no event be liable for any direct or indirect or consequential damage or loss caused by late delivery or failure to deliver (for example caused by: Contractor’s failure to complete project on time, labour disputes or any other reason for stoppage in British Aluminium’s production or deliveries), unless British Aluminium is guilty of gross negligence.
4. Prices and Payment
4.1 Prices are exclusive of V.A.T.
4.2 The price of the products shall be as stated in the Contract or, where no price has been quoted or a quoted price is no longer valid, the price listed in British Aluminium’s published price list current at the date of the Contract.
4.3 All prices quoted are valid for 60 days only, after which time they may be altered by the Seller without giving notice to the Buyer, unless such prices have been as part of the Contract.
4.4 Unless otherwise agreed in writing, 50% payment shall be made on order and the remaining 50% shall be against invoice within thirty 30 days after the date of completion If a bank guarantee is provided by the Buyer. In case of delayed payment British Aluminium is entitled to interest from the due date according to applicable law.
4.5 The Buyer may not set off agreed payments against alleged counter claims against British Aluminium.
5. Retention of title
The Products shall remain the property of British Aluminium until paid for in full, to the extent retention of title is valid according to applicable law.
6. Liability for defects
British Aluminium undertakes to remedy any defect in the Products resulting from faulty design, materials or workmanship in accordance with the following provisions.
(a) British Aluminium’s liability is limited to defects, which appear within a period of two (2) years from the date of delivery to the Buyer.
(b) British Aluminium’s liability shall apply only to defects that arise during proper use of the Products. In particular it does not cover defects arising from incorrect usage or maintenance. Alterations and repairs carried out without British Aluminum’s written consent will cancel any valid warranties.
(c) In order to be able to avail itself of its rights under this article the Buyer shall notify British Aluminium in writing without undue delay of any defects that have appeared.
(d) If the claim proves to be justified British Aluminium shall repair or replace the defective Product or part of the defective Product without undue delay. If requested by British Aluminium the defective Product or part of the defective Product replaced shall be placed at the disposal of British Aluminium.
British Aluminium is not liable for defects save as set forth above. This applies to any cost or loss the defect may cause, such as replacement work or any other direct cost and to any loss of production or loss of profit or any other indirect or consequential damage or loss, unless British Aluminium is guilty of gross negligence.
7. The Buyer’s compliance with Conditions
The Buyer undertakes to always comply and/or advise that its customers comply, with the Conditions, the Documentation, applicable laws, regulations, rules and standards when using the Products. Said undertaking includes inter alia control of the validity of British Aluminium’s information and the Documentation, proper use of relevant components.
8. Governing law
The contract of sale between British Aluminium LLC and the Buyer shall be governed by Qatar law.
9. The Contract
9.1 An Order is accepted by British Aluminium either by specific performance or by written acknowledgement and acceptance of the customer's order. The Contract shall only be upon these conditions and any special condition of sale stated to be incorporated, but no other conditions, terms or other representations whatever referred to in negotiations or set out in the Order or otherwise shall be incorporated in the Contract except any which British Aluminium so agrees expressly in writing.
9.2 If any Contract contains provisions which are inconsistent with, or conflict with these conditions, those provisions of the Contract will prevail to that extent, unless the provision expressly refers to that clause and states that it prevails over it to the extent that it contradicts it.
9.3 The Buyer shall be responsible to British Aluminium for ensuring the accuracy of the terms of any Order (including any applicable specification) and for giving British Aluminium any necessary information relating to the Goods within a sufficient time to enable the Seller to perform the Contract in accordance with its terms.
9.4 The buyer must approve all final sizes on British Aluminium’s shop drawings before manufacture of framing or glass. If sizes change after the shop drawings has been signed by the buyer, British Aluminium will charge the full amount of the new product and original approved product to the buyer if glass is already on order.
9.5 Any advice or recommendation given by British Aluminium or its employees or agents to the Buyer or its employees or agents as to the storage, application or use of the Goods which is not confirmed in writing by the Seller is followed or acted upon entirely at the Buyer's own risk, and accordingly the Seller shall not be liable for any such advice or recommendation which is not so confirmed.
9.6 No Order which has been accepted by British Aluminium may be cancelled by the Buyer except with the agreement in writing of the Seller and on terms that;
(A) the Buyer shall indemnify the Seller in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Seller as a result of cancellation;
(B) British Aluminium shall be entitled to retain any advance payment made by the Buyer. The Contract constitutes the entire agreement and understanding of the parties and supersedes any previous agreement or understanding between the parties with respect to the arrangements contemplated by the Contract. Each of the parties agrees that in entering into the Contract it does not rely on, and shall have no remedy in respect of, any statement, representation, warranty (in each case whether negligently or innocently made), or understanding of any person (whether party to the Contract or not) which is not expressly set out in the Contract, and the only remedy available to it for breach of any statement, representation or other term that is expressly set out in the Contract shall be for breach of contract under the terms of the Contract.
Export Projects are quoted ex-works, although upon application we can offer delivery to Port of Entry as Sea freight CIF or Air freight CIF (on application). Please note that we will only supply a delivery note/packing list and invoice to cover the supply of goods. All other paper work (Certificate of Origins etc.) is to be by others at no extra cost to British Aluminium.
11.1 Our offer is based on the standard range of systems fabricated by British Aluminium and the specification we price may not meet the specification of the client in all respects due to restrictions in our systems e.g. fire rated windows cannot have a manual opening frame as the fire can be transferred through the window if left open.
11.2 Any products supplied will meet the performance criteria that we have specified, any subsequent works carried out by others to our products on site (without our express approval in advance), may affect or invalidate the performance specification, therefore any such works are at the sole responsibility of the contractor.
11.4 British Aluminium reserves the right to make any changes in the specification of the Goods that are required to conform with any applicable statutory or government requirements or which do not materially affect their quality or performance.
12. Health and Safety Policy statement
British Aluminium LLC recognises its responsibilities as an employer to ensure the “Health, Safety and Welfare” of all employees whilst at work and the rights of other individuals not to be adversely affected by our work activities.
13. Intellectual Property Rights
13.1 All drawings, documents, software, and confidential information supplied by British Aluminium are supplied on the express understanding that all intellectual property rights in them belong to British Aluminium. No intellectual property rights are transferred to the Buyer, and, except as is necessary for the normal usual use of the Goods, no license to use any such rights is granted to the Buyer.
13.2 If any claim is made against the Buyer that the Goods infringe any person's intellectual property rights, British Aluminium shall indemnify the Buyer against consequent loss, damages and costs provided that British Aluminium is given full control of any relevant proceedings and settlement and the Buyer shall give British Aluminium all reasonable assistance and British Aluminium shall be entitled to the benefit of any damages and costs awarded in favour of the Buyer.
After formation of the Contract, the parties in writing thereto must agree any alterations, amplifications, modifications, limitations or additions.
Notices shall be made in writing and hand delivered or posted in a first class pre-paid envelope to the Buyer's or British Aluminium’s address as shown respectively on the Order or failing that to the address at which the one party reasonably believes the other to be carrying on business. A notice shall be deemed to have been given two working days after posting.
16. Unavoidable Events
In the event of the performance of any obligation upon British Aluminium being prevented, delayed, or in any way interfered with by direction of government, war, industrial dispute, strike, breakdown of machinery or plant, accident, fire, non-delivery by the Seller's suppliers or damage to or destruction of any of the products or by any other cause beyond British Aluminium’s reasonable control British Aluminium may at its option suspend performance or cancel its obligations under the contract without liability for any damage or loss resulting therefrom, such suspension or cancellation being without prejudice to British Aluminium’s right to recover all sums owing to it in respect of consignments delivered and costs incurred prior to the date of suspension or cancellation.
17. Civil Defence Approval
British Aluminium will supply certified 3rd party stickers on all fire resistant doors manufactured in British Aluminium factory, each sticker will have unique serial numbers, that will be kept on record for a minimum of 10 years by British Aluminium.
Once British Aluminium has completed the contract, payment must not be held for civil defence to approve the items and or building, as this can take months, and is out of the control of British Aluminium.