FAQs

 

Cadwell Green’s experience and knowledge is second to none.  We will be happy to discuss your specific requirements and happy to visit you at your office or property to discuss in detail armed with samples and “a can do attitude”.  As such we are happy to liaise with Architects, Interior Designers, Property Developers, Contractors and end-users to name but a few.

We are a bespoke manufacturer and so happy to work to your specific requirements such as dimensions, designs and finishes.  Our expert guidance can be called upon to make your project special and pain-free. 

In addition to our doors and frames we can also offer miscellaneous joinery items such as Architrave, Skirting, Plinth Blocks, Dados, Picture Rails, Window Boards etc., etc.

Yes.  You do not need to have an account.  Orders need to be placed in writing via email and we will require a 50% deposit.  With the balance paid around 10 days prior to delivery.  Payment can be made by credit card or bank transfer.

Generally, you should allow for approximately 5-7 weeks from placement of Order and Confirmation of all required details.  We can give you a more exact date at the placement of order and it should be noted that delivery times are based on the complexity and production slots available.

Cadwell Green often manufacture for overseas projects.  For overseas projects Cadwell Green will manufacture and deliver to a mainland UK destination/port with suitable packaging and labelling ready for the onward journey.

When specifying the timber for your doors and frames it is important to select the correct timber based on the required fire ratings and whether for internal or external usage. 

TIMBER

INT. or EXT.

MAX. FIRE

DENSITY

FSC

 

SUITABILITY

RATING

(KG/M3)

(upon request)

ACCOYA

YES

NON-RATED

510

YES

ASH (AMERICAN)

NO

FD30

670

YES

ASH (EUROPEAN)

NO

FD30

710

YES

BEECH EURO. (CND – Colour No Defect)

NO

FD30

720

YES

CHERRY (AMERICAN)

NO

FD60

580

YES

DOUGLAS FIR

NO

FD30

530

YES

IROKO

YES

NON-RATED

660

NO

MAHOGANY (WEST AFRICAN)

YES

FD60

530*

YES

MAPLE,  ROCK

NO

FD60

740

YES

MERANTI (DARK RED)

YES

FD60

710*

NO

MOVINGUE

YES

FD60

680

NO

OAK (AMERICAN WHITE)

NO

FD60

770

YES

OAK (EUROPEAN)

YES

FD60

720

YES

SAPELE

YES

FD60

640

YES

TULIPWOOD (AMERICAN)

NO

FD30

510

YES

UTILE

YES

FD60

660

YES

WALNUT (AFRICAN BLACK)

YES

FD60

560

YES

WALNUT (AMERICAN BLACK)

YES

FD60

660

YES

WALNUT (FRENCH)

NO

FD60

670

YES

* Indicates timber density can vary by more than 20%.  Note, timber density can vary due to the moisture content.
Recommended moisture content:
Internal Door and Doorsets – 10% + or – 2%
External Doors and Doorsets – 16% + or – 3%
For FD30 & FD60 fire ratings the timber density should not be less than 510kg/m3.
FD60 Glazing Beads must be manufactured with a minimum density of 640kg/m3.

The simple answer to this is yes!  Just need to bear in mind any performance requirements (Fire, Acoustics, Security).  Get in touch and we will guide you through the process.

Cadwell Green can offer a wide selection of finishes from a white or grey primer to stains and oils. 

Where required we can Stain our products to your specification, select from our range or supply a sample for us to match.  Please note that as timber/veneer is a natural product grain and colour variations will occur.

The Stains and Oils are hand applied to enhance the natural look and feel of the wood grain.  A key benefit of an oil finish is that it is very easy to maintain and hard-wearing thus avoiding the expense of French Polishers!  Sheen levels can vary from a dead-matt to a 30% satin sheen.  Please speak to us about your specific requirements.

Cadwell Green do not recommend supplying fully painted doors(sets) and so our paint grade products are offered in a white or grey primer finish.  The primed doors(sets) once delivered to site should be left to “acclimatise” for at last 2-3 weeks before applying an undercoat or the top-coats (remember to de-nib in between coats!). 


 

A pre-hung doorset is where a door is factory hung in its frame.  This ensures that the hinge recessing to the doors and frames as well grooves, where required, for fire intumescent strips are done at the factory.  We can also prepare the doors for lock mortising and the mortise of flush-bolts to the secondary leaf on pairs. 

Please note that we do not drill for the spindle or mortise for the strike-plate in the frame. This should be done on site.  A pre-hung doorset ensures high quality workmanship and avoids unnecessary complications.

By floor plans showing which way the door swings or refer to the drawing below.

Cadwell Green Doors quotations are valid for 30 days.  

Yes, Cadwell Green Doors can be factory glazed and supplied in a wide variety of glazing options to inclusive of performance criteria.  For further information please see the section under Glazing.

Cadwell Green work closely with a number of ironmongery specialists.  We can put you in touch with skilled and experienced organisations that will make your journey happy and pain-free.  Cadwell Green and our recommended ironmonger will work closely with each other keeping you informed at each stage.  Alternatively, if you have your own ironmonger we can liaise with them too.

It is strongly recommended that all “wet trades” have been completed on site such as plastering and painting as high moisture levels can affect the stability of timber based products.  Similarly, air-conditioning, comfort cooling and central heating systems should be commissioned and operational for at least 4 weeks before Cadwell Green products are received on site.

It is advisable that the delivery of doorsets are timed so that they remain un-fixed on site for the least amount of time and whilst they are un-fixed the protective packaging remains in place. 

Failure to follow the above guidelines can cause irreversible damage to the door such as scratches, dents, cracking, bowing, twisting and the excessive “opening/movement” of the timber joints.

Doorsets should not be stored on their edge or ends and lent against the wall our by/over heating appliances such as radiators. Instead doorsets should be stored flat on three level bearers and at least 90mm above the floor with the bearers being wider than the width of the doors.

Cadwell Green take great pride in their bespoke doorsets and associated joinery. Our doors are heavy and should be treated like a piece of furniture, you should therefore avoid requesting delivery when there is a “heavy flow” of building works on site especially whist there are still wet trades on site such as plastering, painting and tiling.

The humidity level within the building should not exceed 64%.

Yes!  And we can help you with lots of advice as our sister company Portman Pocket Doors is a leading UK manufacturer in this field.

Cadwell Green Doors are a “supply only” company.  We are however, open to the possibility to attend site to offer advice and guidance to you or your installation team. 

Fire Doors are designed to protect you and the property and the addition of a smoke-seal will restrict the flow of smoke.

Where required Cadwell Green can supply FD30 and FD60 doors as Joinery Doors and up to FD90 on Flush doors.

Generally Apartment Entrance doors, habitable rooms such as Living Rooms, Study, Bedrooms, Kitchens, Plant Rooms and other rooms off the fire-escape route leading to/off the staircase will require a fire door.  It would be advisable to seek further clarification from your Architect and Building Control Officer.

As a responsible manufacturer Cadwell Green sources its timber based raw materials only from reputable, well managed, sustainable and renewable sources.  Cadwell Green will take all practical and reasonable steps in working with our suppliers to ensure that our timber purchasing policy is understood and followed.

1.1 All Prices quoted are valid for 30 days from the date stated on the quotation.
1.2 If you are unsure about any of the information supplied in this quotation, please contact to discuss further as the company will work with you to explain any element you are unsure of.
1.3 Please ensure to read the notes within the pricing schedule. Anything outside of the scope of works within the quote will be picked up and costed for within a “Design Change Document”.

GENERAL

  1. In these Conditions

(a)     Cadwell Green Doors a brand of Royde & Tucker Limited is called “the Company” and  the individual, firm, company or other party with whom the Company contracts is called “the Customer”.

(b)    “Goods” means the goods, articles and materials, which are to be supplied by the Company pursuant to the Contract (as hereinafter defined).

(c)    The Company is a “supply-only” company.  The Customer is to make their own arrangements for site installations and these are to be be carried out “by others”.

(d)    Any typographical, clerical or other error or omission in any sales literature, quotation, price list acceptance offer, invoice or other document or information issued by the Company shall be subject to correction without any liability on the part of the Company.

  1.  

(a)    Any  contract  howsoever  made,  between  the  Company  and  the  Customer  (“the Contract”) shall incorporate and be subject to these Conditions according to their provisions which shall not be varied or abrogated unless such variation or abrogation is evidenced in writing signed on behalf of the Company and such evidence contains a specific reference to the conditions being varied or abrogated.

(b)    The only terms of the Contract shall be those contained expressly or by reference in the Company’s acceptance of order form (if any) and any statement or representation written or oral made or given prior to the date of the Contract is hereby excluded unless expressly incorporated therein.

(c)    Cancellation.  The Contract may not be cancelled by the Customer except in the event of such agreed cancellation the Customer shall indemnify the Company against all losses, liabilities and and expenses of whatever nature incurred by the Company arising directly or indirectly from such cancellation. 

(d)    Letters of Intent.  The issuing of an instruction to the Company to carry out work in preparation for an order (“a Letter of Intent”), if accepted by the Company, shall be on these same terms and conditions and shall be deemed to constitute authority for the Company to proceed to procure materials and to undertake such design work as  they may reasonably be required to produce the items referred to in the Letter of Intent.  No production of such items will commence until a firm order has been placed with, and accepted by, the Company.  If no such order is placed within one month, or an agreed and accepted time by the Company, of the date of the Letter of Intent then the Customer shall pay the Company for all work undertaken, all material procured and all liabilities and expenses incurred by the Company.

(e)    Force Majeure.  The Company shall not be liable for failure to deliver the Goods or for failure to comply with the Contract in any other respect by reason of force majeure or any industrial action, strike, lock outs, shortages of labour or other labour troubles, non-availability to the Company of supplies of stock, parts or material delay in delivery to it of goods or materials therefore by suppliers or other persons, civil commotion, riots, war or threat of or preparation for war, breaking off of diplomatic relations, fire explosion, accident, sabotage, storm, flood, earthquake, fog, subsidence, pestilence or epidemics or mandatory compliance with any direction, request or order of any person having or appealing to have authority for defence or other Governmental or national purpose, Government action or legislation or regulation or any Act of God, any requisition for materials or services apparently or stated to be for the purpose of defence, inability to obtain fuel, power or transportation or any circumstances howsoever outside the reasonable control of the company.  Such failure shall not affect the obligation of the Customer to pay for Goods already delivered.  In the event that such circumstances shall continue for an unbroken period of sixty days either party shall have the right by notice in writing to terminate the Contract or Contracts in question to the extent that they shall not already have been performed. 

 

MODIFICATIONS

  1.  

(a)    The cost of any variation or modification in the design, specification, materials or drawings of the goods or any development thereof requested by the Customer after the date of the Company’s acceptance of order (if any) shall, if such variations or modifications are accepted by the Company, be borne by the Customer.

(b)    Where  goods  are  manufactured  to  the  Customer’s  specification  the  Company reserves the right to over produce or under produce the relevant quantities by up to seven per cent and the Customer agrees to accept and pay for such amended quantities without objection in full satisfaction of the relevant order.

(c)   Where goods, at the Customer’s request, incorporate a non-standard finish the Company reserves the right to over produce or under produce the relevant quantities by up to five per cent and the Customer agrees to accept and pay for such amended quantities without objection in full satisfaction of the relevant order.

 

DELIVERY AND RISK

  1.  

(a)    The Customer must sign Delivery Note in the presence of the Delivery Company representative to indicate your delivery has been received.  Upon delivery the Customer must examine the Order to ensure that there are no visible signs of damaged, missing or incorrect pieces to packaging or goods.  In the event that there are missing, damaged or incorrect packages, please retain the item(s), indicate the problem on the Delivery Note and contact the Company within 48 hours.  A signed Delivery Note, without notations of missing, damaged, or incorrect item(s) represents your acceptance of a completeOrder.  The risk in respect of all Goods shall pass to the Customer at the time of delivery. Notwithstanding such delivery, the property and title to the goods shall not pass to the Customer except as provided in Clause 5 where the Customer requests the Company to arrange delivery by a carrier selected by the Customer or on a special basis by a carrier selected by the Company.  The Company shall on behalf of the Customer and at the Customer’s expense arrange for the carriage of the goods and the relevant carrier shall be the agent of the Customer. Special notice is directed to the fact that in accordance with the provision of Section 32 of the Sale of Goods Act 1979 delivery to the carrier will, in such circumstances constitute delivery to the Customer. The Company shall for the purposes of Section 32 (21 of the Sale of Goods Act 1979) be deemed to have the Customer’s authority to make such contract with the carrier which the Company considers reasonable.

(b)    Where damage to or loss of the goods occurs before delivery thereof to the Customer, the Company undertakes (subject as provided below) to replace or (at its discretion) to repair free of charge any goods so damaged or loss in which event the time for delivery of the damaged or lost goods shall be extended for such period as the Company shall reasonably require for such replacement or repair. The foregoing undertaking of the company is conditional upon:

(i)     the Customer giving written notice of such damage or loss with reasonable particulars thereof to the Company and to the carrier (if other than the Company) within seven days of the receipt of the goods or, in the case of total loss, within seven days of receipt of the Company’s or the carrier’s delivery advice or other notification of despatch; and

(ii)    the Customer if requested by the Company and at the Customer’s cost returning any damaged goods, cases and packing materials to the Company’s works within one month of receipt thereof.

(c)    Where the goods are not manufactured or supplied directly by the Company and are delivered direct to the Customer by, or collected by the Customer from the manufacturer or supplier the Company shall not be liable for any damage to or loss of the goods whatsoever or whensoever occurring.

(d)    Save as expressly provided in this Condition, the Company shall not have any liability whatsoever for or in connection with any damage to or loss of the goods in transit to the contracted place of delivery.

(e)    A 20 minutes waiting time is included in the delivery.  Any wait time thereafter will incur further costs to the Customer.

(f)    A redelivery fee is applicable for any goods that cannot be received, at the agreed day/time, by the Customer or as a result of an incorrect delivery address supplied by the Customer.  The Company cannot be held responsible for additional Delivery costs and thereafter the Customer will incur these additional costs.

(g)    Deliveries will be made to kerbside and the Customer will provide suitable assistance in the unloading of the goods.  If you cannot provide suitable assistance then the Customer will inform the Company so that additional assistance is provided by the Company which will carry an additional cost which in turn will be chargeable to the Customer.

(h)    “All protective packaging, pallets and associated items are the responsibility of the Customer to dispose off in a safe and legal manor”.  Cadwell Green Doors will not accept any responsibility for taking away any packaging related items.     

(i)    If fourteen days after notification by the Company that the Goods are ready for despatch, the Company shall, by reason of instructions or lack of instructions from the Customer, have been unable to effect delivery of the Goods, the Company shall be entitled to arrange storage either at its own premises or elsewhere on the Customers behalf and at the Customers risk and expense.  The Goods shall be invoiced on the day on which they are put into storage and such Goods shall thereupon be deemed to have been delivered.  If required, re-delivery charges will apply.

 

TITLE

  1. Until  the  Company  has  received  full  payment  for  the  goods  comprises  in  this  Contract between the Company and the Customer:

(a)   The title to and property in the goods shall remain vested in the Company (notwithstanding the delivery of the same and the passing of the risk therein). Until the title to and the property in goods passes, the Customer must keep the goods free from any charge, Iien or incumbrance.

(b)    The Company may at any time and from time to time until the property in the goods has passed require the goods to be returned to it and if this requirement is not immediately complied with may recover the goods and shall have the right and power to sell the goods without prejudice to such other rights as the Company may have and any such return or recovery shall be without prejudice to the obligation of the Customer to purchase the goods. For the purpose of exercising its rights under this sub clause (b) the Company, its servants or agents together with all necessary and appropriate transport shall be entitled to free and unrestricted entry upon the Customer’s premises and/or all other locations where goods are situated.

(c)    The Customer shall possess the goods as bailee of the Company if the Company so requires, the Customer shall store the goods for the Company in a proper manner without charge to the Company and ensure that they are clearly identified as belonging to the Company. Whilst the goods are in the possession of the Customer and before the title to the property in the goods has passed to the Customer, the Customer shall keep the goods in the same condition as that in which they were delivered and make good any damage or deterioration. The Company shall be entitled to examine the goods in storage at any time during normal business hours and upon giving the Customer reasonable notice thereof.

(d)    The Customer (as agent of and for the account of the Company) may agree to re- sell the goods in its possession in the ordinary course of trading provided the Company has not required their return and provided none of the events mention in Condition 12 have occurred. Any such agreement to sell shall not prejudice the Company’s title or right to recover possession of the goods, except where title becomes properly vested in some other person by the operations of law. The Customer must not otherwise deal with or dispose of the goods until the property in the goods has passed to it.

(e)    Upon the re-sale of the goods by the Customer the proceeds of sale thereof shall be the property of the Company and accordingly held by the Customer in trust for the Company.

(f)    In addition the Company shall be entitled to recover directly from the Customer’s customer any such proceeds of sale unpaid by such customer provided that. The Company shall return to the Customer any monies recovered excess of the amount than owed by the Customer to the Company. The Company being entitled to deduct from such excess the costs and expenses being incurred by it in the recovery of such monies and the Customer shall render such assistance (Including taking proceeding, in its own name against such customer) as the company may reasonably require (but at the cost of me Company) in connection with the recovery of such are proceeds.

(g)    Nothing in this condition 5 shall:

(i)     entitle the Customer to return the goods or to delay payment therefor; or

(ii)    constitute or be deemed to have constituted the Customer as the agent of the Company otherwise than for the purpose of this Condition 5; or

(iii)    authorize the Customer to give or make any representation or warranty to any third party in relation to the goods which shall be binding on the Company unless the Company shall have authorized the Company to do in writing.

(h)   The rights and remedies conferred upon the Company by the Condition 5 are in addition to and shall not in any way prejudice, limit or restrict any other rights or remedies of the Company under the Contract.

 

RETENTION OF TITLE

  1. Legal title in the goods shall not pass to the buyer until all sums due on the sellers account have been paid.

 

PERFORMANCE

  1.  

(a)    The Company will use its reasonable endeavours to comply with any date or dates for despatch or delivery of the goods as stated in the Contract, but unless the Contract otherwise expressly provided such date or dates shall constitute only statements of expectation and shall not be binding. If the Company having used its reasonable endeavours fails to despatch or deliver the goods by such date or dates, such failure shall not constitute a breach of the Contract nor shall the Customer be entitled to treat the Contract as thereby repudiated or to rescind it or any related contract in whole or in part or claim compensation for such failure or for any consequential loss or damage resulting there from. Time for delivery is not of the essence of the Contract.

(b)    If the Company shall be prevented or hindered from performing the Contract or any part thereof by any circumstances beyond its reasonable control including (but without limiting the generality of the foregoing) acts of God, civil commotions, strikes,  lock-outs  or  other  industrial  action,  inability  to  obtain  materials  or labour, power or machinery breakdown or failure, further performance of the Contract shall be suspended for so long as the Company is so prevented or hindered provided that in the event that the performance of the Contract shall be  suspended  for  more  than  three  consecutive  calendar  months  the  Customer shall be entitled by notice in writing to the Company forthwith to terminate the Contract or to cancel any outstanding part thereof and in such circumstances the Customer shall pay at the Contract rate for all goods and materials used by  the  Company  to  the  actual  date of such termination. The Company shall not have any liability to the Customer for any direct or consequential loss or damage  suffered  by  the  Customer  as  a  result  of  the  Company’s  inability  to perform its obligations under the Contract in the aforementioned circumstances.

(c)    Where goods are delivered by installments each such installment shall be deemed to be sold or supplied under a separate contract to which these Conditions shall apply (mutatis mutandis) and same as provided in Condition 6 (d) no default in respect of any one installment shall affect or prejudice due performance of the Contract as regards any other installments.

(d)    Where goods are to be supplied or delivered by the Company in accordance with periodic delivery schedules or similar notification of the delivery schedules or similar notification of the delivery requirements of the Customer, the Customer shall not be entitled to cancel or vary any such delivery schedule or requirement which is expressed by the Customer to be a firm requirement without the prior written consent of the Company and the Company shall be entitled to reimbursement of any additional costs and expenses incurred or suffered as a result of such cancellation or variation.

(e)    When expedited delivery or completion is agreed to by the Company and necessitates overtime or other additional costs, the Customer shall reimburse the Company for the amount of such overtime payment or other costs. Where postponement of delivery or completion is agreed by the company the customer shall if required by the company pay all cost and expenses (including a reasonable charge for storage and insurance of the goods) occasioned thereby but the goods shall be held at the customer’s risk as from the time of postponement.

If performance of the contract is suspended at the request of or delayed through default of the customer including (without prejudice to the generality of the foregoing) lack of incomplete or incorrect instructions or refusal to collect or accept delivery of the goods for a period of ten days or more, the company shall then be entitled to payment at the contract rate for goods supplied or ordered and any other additional costs thereby incurred including storage and insurance provided that if the customer shall to collect or accept delivery of the goods or any part thereof within 28 days of written notification from the company that the goods are ready for collection or delivery, the Company shall be entitled (without prejudice to its other remedies under the contract for such breach) to sell or at its option destroy the goods and to apply the proceeds of sell thereof if sold and the scrap value if destroyed towards payment of a sums due to the company under the contract.

 

ACCEPTANCE

  1.  

(a)    The customer shall inspect the goods immediately on receipt and the customer shall be deemed to have accepted the goods as being in conformity with the contract and shall be bound to pay for them, unless written notice of rejection thereof is received by the Company within three days of delivery. Goods accepted by the customer cannot subsequently be returned.

(b)    If after notice of rejection has been given, the customer deals with the goods as owner thereof or if any conduct of the customer is inconsistent with such rejection or with the ownership of the goods by the Company, the customer shall be deemed to have accepted them and be bound to pay the contract price.

 

PAYMENT

  1.  

(a)    Unless otherwise specifically agreed all invoices are payable against a pro-forma invoice.  A 50% deposit will need to be paid with the Order and the balance 10 days prior to delivery.  All Goods supplied on credit shall be paid for within 30 days from the end of the calendar month in which they are invoiced by the Company.

(b)    Where goods are delivered or performed by instalments, the customer shall be obliged to pay for each instalment upon the terms set out in sub-clause (a) of this clause.

(c)    Unless otherwise agreed in writing the Customer shall not be entitled to set off against any monies due to the Company under the Contract any amount claimed by, or due to the customer by the company whether pursuant to the contract or on any other account whatsoever.(c)    The time stipulated for payment shall be of the essence of the Contract and failure to pay within the period specified shall entitle the Company upon the expiration of seven days notice in writing to the customer to suspend further deliveries of the goods pending payment without prejudice to any other remedy available to the Company.

(d)    The Customer shall not be entitled to withhold payment of any sums after they become due by reason of any right to set-off or counterclaim which the Customer may have or allege to have or for any other reason whatsoever.

(e)    The company shall be entitled to interest on any part of the Contract price not paid by its due date from the data until actual payment at the rate of 3% per annum above the Base Lending Rate of HSBC Bank plc prevailing from time to time during such period.

(f)     All prices appearing on the company’s price list or any other literature are net of value Added Tax which shall be payable by the customer at the relevant prevailing rate.

 

DRAWINGS AND SPECIFICATIONS

  1. The Company gives no guarantee or representation that the illustrations, weights and dimensions specified in the company’s catalogues and literature are accurate or that they will be identical with the goods therein displayed due to improvements and modifications to the goods or their specifications that may be made from time to time.

 

WARRANTY

 

  1. At Cadwell Green our Doors and Doorsets carry an 18-month warranty against manufacture defects.  Typically, issues relating to timber products such as Doors, Windows, Flooring, Staircases are evident within the first six months of delivery.  Our 18-month warranty gives you that extra piece of mind and reassurance.

(a)    Where any goods are not manufactured by the Company the Company agrees (so far as it is able and entitled to do so) to give to the Customer the full benefit of any warranties as to the goods given to the Company by the manufacturer of such goods.

(b)    The liability of the company for any claim or claims for direct injury, loss or damage made by the customer against the company whether in contract or in tort (including negligence on the part of the company, its servants or agents) arising out of or in connection with any defect in the goods or any act, omission, neglect or default (whether not the same constitutes a fundamental breach of the Contract or the breach of a fundamental terms thereof) of the Company its servants or agents in the performance of the contract (including, without limiting the generally of the foregoing, breach of any condition or warranty whether express or implied by statute, common law or otherwise howsoever) shall be limited in the case of any defect in the goods to the contract price of the goods the subject of the claim or claims and, in any other case to the total contract price payable by the customer under the Contract.

(c)    The company shall not be liable for any claims for indirect or consequential injury loss or damage made by the customer against the Company whether in contract or in tort (including negligence on the part of the Company its servants or agents) arising out of or in action with any such defect, act, omission, neglect or default referred to in sub clause (b) of this Condition.

(d)    Nothing in these conditions shall:

(i)      limit or exclude the liability of the company in respect of death or personal injury

resulting from the negligence of the company, its servants or agents; or

(ii)    limit or exclude the respective rights and remedies of the Company and the Customer under the Unfair Contract Terms Act 1977; or

(iii)    exclude the conditions of warranties implied by Section 12 of the Sale of Goods Act 1979 and, whether the Customer deals as a consumer, the conditions implied by Sections 13 to 15 inclusive of the said Act.

 

LIEN

  1. INSOLVENCY AND BREACH OF CONTRACT Without prejudice to any other rights and remedies which the Company may have under the contract, the company shall in respect of a debts due and payable by the customer to the company have a general lien on all goods and property belonging to the customer in its possession (whether worked on or not) and shall be entitled upon the expiration of fourteen days notice to the customer, to dispose of such goods or property as it thinks fit and to apply any proceeds of sale thereof towards the payment of such debts.
  1. In the event that:

(a) The customer shall commit any breach of the Contract and shall fail to remedy such breach (if capable of remedy) within a period of fourteen days from receipt of notice in writing from the company, requesting such breach to be remedied, or

(b)     any distress or execution is levied upon any of the goods or property of the customer;

or

(c)    the customer (or where the customer is a partnership any partner thereof) offers to make any arrangements with or for the benefit of its or his creditors or commits any act of bankruptcy; or

(d)    the customer (being a limited company) has a Receiver appointed at the whole or any part of its undertaking property or assets or an order is made or a resolutions passed analogous proceedings are taken for the winding up of the customer (save for the pur- pose of reconstruction or amalgamation) without insolvency and previously approved in writing by the company.

         The company shall thereupon be entitled, without prejudice to its other rights hereunder, forthwith to suspend all further deliveries until the default has been made good or to determine the contract or any unfulfilled part thereof or at the company’s option to make partial supplies of goods. Notwithstanding any such termination, the customer shall pay to the company rate for goods delivered up to and including the date of termination.

 

SEVERANCE

  1. If at any time any one or more of the provisions of these Conditions becomes invalid, illegal or unenforceable in any respect under any law, the validity and enforceability of the remaining provisions thereof shall not in any way be affected or impaired thereby.

 

WAIVER

  1. The rights and remedies of the Company under the Contract shall not be diminished waived or extinguished by the granting of any indulgence, forbearance or extension of time by the company nor by any failure of or delay by the Company in asserting or exercising any such right or remedies.

 

LAW

  1. These conditions and each and every Contract made pursuant thereto shall be governed by and construed in all respects in accordance with the Laws of England and the Company and the customer irrevocably submit to the exclusive Jurisdiction of the English courts.