Terms & Conditions

Terms & Conditions

Able Canopies extensive range of quality canopies, shelters and shade systems are always installed by our trained teams of fitters.  We also offer a selection of cycle racks and post pads which can be purchased online as supply only products or supplied and installed by one of trained teams of fitters.  Please refer to the relevant terms and conditions below when purchasing from Able Canopies.


Please find below Able Canopies' terms and conditions for the following:

Terms and Conditions: Supply Only


DEFINITION OF TERMS 

‘Buyer’ - the person or business named in the purchase order.
‘Seller’ - Able Canopies Ltd.‘Goods’ - all items to be supplied by the seller as specified in the purchase order.
‘Purchase Order’ - the buyers purchase order which specifies that these conditions apply to it.
‘The Contract’ - the arrangement between buyer and seller, comprising the purchase order and the conditions specified below. 


REGISTERED OFFICE
The registered office of Able Canopies is 8-10 Faraday Close, Gorse Lane Industrial Estate, Clacton on Sea, Essex, CO15 4TR. Email: sales@ablecanopies.co.uk Fax: 01255 425 541. Able Canopies Ltd is a Private Limited Company registered in England with registration number 5391477 (the "Seller).  

GENERAL
These terms and conditions apply to every quotation or other similar documents created or sent by Able Canopies Ltd for all online orders.
No contract exists between you (the "Buyer") and the Seller for the sale of any goods until the Seller has received and accepted your order. The Seller at its own discretion may accept or reject any order whether on account of the equipment being no longer available or for any other reason whatsoever. Once the order has been accepted and the full payment has been made to the Seller through the given payment method on the order, then there is a binding legal contract between the Seller and the Buyer. By way of clarification, an acknowledgement of your order will be sent to you via e-mail when you place your order online. Once accepted by the Seller, an invoice will be sent to the address provided confirming that payment has been received and that the order has been placed; it is at this time that a binding legal contract is created.

DELIVERY
The goods that are ordered and paid for by the Buyer will be delivered to the address given by the Buyer on the order form. Orders will be processed within 24 hours after the payment has been received on working days. (A working day is any day other than weekends and bank or other public holidays). If delivery cannot be made to your address for reasons under the Seller’s control the Seller will inform you as soon as possible. The Seller will not be liable for any loss or damage suffered by you through unavoidable delay in delivery.If you deliberately fail to take delivery of the goods (out of the control of the Seller) then without prejudice to other rights or remedy available to the Seller, the Seller may: • Store the goods until actual delivery and charge you for reasonable and justified costs (including insurance) of storage and the return of the goods to the Seller. • Sell the goods at the best actual price and (after deducting all reasonable storage and selling expenses) account to you for any excess over the price you agreed to pay for the goods or charge you for any deficit below the price you agreed to pay for the goods.  If you fail to take delivery because you have cancelled your contract under the Distance Selling Regulations the Seller shall refund or re-credit you within 30 days for any sum that has been paid by you for the goods, less any expenses incurred for failed delivery.

CANCELLATIONS
Distance Selling regulations allow for a cooling off period of 7 days from receipt of goods as defined by Regulation 3(1). The Buyer may return specified goods without reason within this period for a refund. This does not apply to goods which have been made to the Buyer's specifications. Goods returned have to be complete and in a resalable condition including original packaging. The cost of returning and appropriately insuring the goods until satisfactory receipt at the company will be borne by the Buyer. To cancel the contract under the terms of the Direct Selling legislation, the Seller must be contacted in writing at the above address within 7 days of receipt of the goods. The Buyer will be required to return the goods to the Seller before a refund can be processed. The Seller will then contact the Buyer with a RETURN TO MANUFACTURER number (RMA) within 3 working days. This number must be quoted on all returned goods so that the goods can be properly identified. The Seller cannot be held responsible for goods returned without proper identification and may not be accepted.

LEAD TIMES
The seller will make every effort to adhere to lead times quoted at the point of receipt of order. No liability can be accepted for any loss resulting from delays or non-completion of contract caused by circumstances beyond the sellers control.

GUARANTEE
All new goods supplied by the Seller are warranted free from defects for 12 months from the date of supply (unless otherwise stated). This warranty does not affect your statutory rights as a Buyer. This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party use.If the goods supplied to you are damaged on delivery, you should notify the Seller immediately via the email address or fax number shown above. If the goods supplied to you develop a defect while under warranty you should also notify the Seller in writing using the email address or fax number shown above. This should be fulfilled within 7 days of the date you discovered or ought to have discovered the defect.

FORCE MAJEURE
Able Canopies Ltd shall not be held liable for any breach of this contract caused by circumstances out of its control including Acts of God, fire, lightening, explosion, war, disorder, flood, industrial disputes (where or not involving its employees), extremely severe weather or acts of local or central Government or other competent authorities. 


Terms and Conditions: Supply & Install

 DEFINITION OF TERMS
‘Buyer’ - the person or business named in the purchase order.
‘Seller’ - Able Canopies Ltd.‘Goods’ - all items to be supplied and all work to be done by the seller as specified in the purchase order.
‘Purchase Order’ - the buyers purchase order which specifies that these conditions apply to it.
‘The Contract’ - the arrangement between buyer and seller, comprising the purchase order, these conditions and any other documents specified

SERVICE
The seller supplies and installs goods as advertised in it’s brochures, web-sites and various other advertising media and offers free surveys and free quotations to all prospective buyers. All enquiries are treated in the strictest confidence.

GENERAL
Quotations are submitted and orders are accepted only upon and subject to the terms and conditions of sale as herein set out, unless expressly agreed and accepted by the seller in writing and signed by an officer of the seller. Any terms in the buyers order that is inconsistent with these conditions will be deemed to be inapplicable.

PRICES
All prices quoted are held for 30 days from the quotation date and are for the full quantities specified. Quotations over 30 days old may be subject to fluctuations in labour and material costs.  If your building control, planning officer or structural engineer requires additional foundation mass or rainwater drainage over and above what has been quoted for this will be at an additional cost to you. Whilst every care is taken when excavating post holes, Able Canopies will not accept responsibility for any damage to underground drains, water pipes, electrical cables or any other buried services unless their position is clearly indicated before excavation takes place.

PURCHASE ORDERS
The seller only accepts orders subject to written confirmation from the buyer, the buyer must complete, sign and date the sellers purchase order form which includes reference to the sellers quotation/s and any agreed installation dates.

CANCELLATIONS
Upon receipt of a signed purchase order, a cancellation will only be accepted in writing and acknowledged in writing by Able Canopies Ltd with the following terms; Cancellation over 21 days of installation date: No charge, cancellation within 21 days of installation date 50% of purchase order total, within 14 days of installation date 100% of purchase order total.

LEAD TIMES
The seller will make every effort to adhere to lead times quoted at the point of receipt of order. No liability can be accepted for any loss resulting from delays or non-completion of contract caused by circumstances beyond the sellers control. Lead times quoted previously on surveys etc., could be subject to change and are for guidance purposes only.

PAYMENT
Unless otherwise stated in writing by the seller, payment terms are: Payment in full upon completion of work.
Our canopies are completed and payment becomes due when all structural work is finished. Ancillary items such as post pads, water butts and other accessories not delivered at the completion date is not an acceptable reason for a delay in payment.
 
OVERDUE ACCOUNTS
Overdue accounts will be charged daily at a rate of 5% over the Bank of England’s base rate. Administration costs and any legal expenses, if applicable, will also be added to all overdue accounts.

SPECIFICATION
The seller reserves the right to change product specification due to improved component parts which may become available from time to time.

GUTTERING, DOWN-PIPES AND SURFACE WATER
Guttering and down-pipes are always included as standard in the sellers quotations. The seller normally only caters for ‘above ground’ drainage but is prepared to price for installing underground drainage in the form of soak-a-ways. Alternatively, the Seller recommends that the buyer contacts a local builder if more extensive or comprehensive drainage is required.

WATER BUTTS
Unfortunately, once supplied or fitted, the Seller cannot take responsibility for ongoing use of Water Butts. Therefore, please note that use of Water Butts supplied by the Seller is at your own risk.However, the Seller would like you to make the most of these environmentally friendly devices and offers some safety guidelines. Please contact the seller for further advice.

DEFERRED INSTALLATION
If the buyer or the buyer’s agent delays installation for any reason after a signed order has been placed, the buyer must pay at least half of the agreed amount no later than 14 days after the original agreed installation date so as to offset the sellers material costs and labour costs incurred during manufacture of the bespoke goods. In return for payment, the seller agrees to store the bespoke goods for up to one month at no cost to the buyer, after which time the full balance will become due plus any relevant storage costs.

RETENTION OF TITLE
All goods are sold on retention of title and will therefore remain the property of the seller until the buyer has paid for them in full.

CODE 3 LEAD FLASHING
We will use lead flashing wherever possible to seal the back of our canopies.This is usually only possible on brick walls where we can cut a groove into the wall in which to fix the lead. On all other installations including over windows, ‘Flash-band’ or silicon sealant may be used and if so, we cannot guarantee a watertight seal.

LAW OF CONTRACT
The order on acceptance, will be deemed to be an English Contract governed by English Law.

FORCE MAJEURE
Able Canopies Ltd shall not be held liable for any breach of this contract caused by circumstances out of its control including Acts of God, fire, lightening, explosion, war, disorder, flood, industrial disputes (where or not involving its employees), extremely severe weather or acts of local or central Government or other competent authorities.