Endurance Aluminium – Terms and Conditions of Sale

1. Definitions and Interpretation

1.1 In these terms:
• “Endurance Aluminium” / “we / us / our” means Endurance Aluminium, a trading division of Rocal Insulating Panels Ltd (or correct legal entity).
• “Customer / you” means the person, firm or company purchasing the Products.
• “Products” means aluminium systems, fabricated frames, doors, windows, glazing components, accessories and associated goods supplied by us.
• “Order” means your purchase order or signed quotation.
• “Contract” means the agreement formed in accordance with clause 3.
Our contact details are Sales@Endurancealuminium.co.uk | Contact Endurance
We may contact you via the details provided in your order
1.2 Headings are for convenience only and do not affect interpretation.

2. Basis of Contract

2.1 These terms apply to all Orders and override any terms submitted by the Customer unless agreed in writing.
2.2 No variation to these terms shall be binding unless agreed in writing by an authorised representative of Endurance Aluminium.
2.3 Marketing material, brochures and technical literature are for guidance only and do not form part of the Contract.
2.4 Business customers only. These terms apply only when you are acting in the course of a business. By placing a order, you confirm you are not a consumer.

3. Formation of Contract

3.1 A Contract is formed only when we issue a written Order Acknowledgement.
3.2 Prior to acceptance, we reserve the right to:
• Amend specifications
• Withdraw quotations
• Correct errors or omissions
3.3 Quotations are valid for 30 days unless otherwise stated.
3.4 Once accepted, Orders for bespoke or fabricated Products are non-cancellable except at our discretion.
3.5 We reserve the right to decline any order.

4. Product Specification and Suitability

4.1 The Customer is responsible for ensuring that:
• Product selection is suitable for its intended use
• Structural and site conditions are appropriate
• All specifications and dimensions are correct
4.2 We do not provide design responsibility unless explicitly agreed in writing.
4.3 Any advice or recommendations are given without liability and do not constitute design approval.
4.4 All product images, drawings, brochures and descriptions are illustrative only. Minor variations in colour, finish, section, profile or specification shall not constitute a breach of contract.

5. Measurements and Technical Responsibility

5.1 All measurements are deemed to be provided by the Customer.
5.2 We accept no responsibility for:
• Incorrect sizes
• Incorrect configuration
• Interface issues with other products
5.3 Drawings, where provided, must be approved by the Customer prior to manufacture.

6. Manufacturing and Tolerances

6.1 Products are manufactured in accordance with industry standards and tolerances.
6.2 The following shall not be considered defects:
• Minor dimensional tolerances
• Slight colour variation in powder coating or anodising
• Natural variations in materials
6.3 We reserve the right to substitute components with equivalents of equal or better performance.

7. Lead Times and Supply

7.1 All lead times are estimates only and are not contractual obligations.
7.2 We shall not be liable for delays caused by:
• Supply chain disruption
• Material shortages
• Production issues
• Events beyond our control
7.3 Time shall not be of the essence unless expressly agreed.

8. Delivery and Logistics

8.1 Delivery is:
• Subject to suitable access and safe unloading
8.2 The Customer must:
• Check goods upon delivery
8.3 Failed delivery due to Customer fault may result in:
• Additional delivery charges
• Storage fees
8.4 Risk passes on:
• Delivery; or
• Collection; or
• Handover to third-party carrier

9. Storage and Handling

9.1 The Customer must store Products:
• In dry, ventilated conditions
• In accordance with our guidelines
9.2 We accept no liability for damage caused by:
• Improper storage
• Site exposure
• Mishandling after delivery

10. Installation Responsibility

10.1 Unless expressly agreed, Endurance Aluminium supplies products only.
10.2 The Customer is fully responsible for:
• Installation
• Compliance with building regulations
• Structural adequacy
• Glazing installation and compatibility
10.3 We accept no liability for:
• Installation errors
• Incorrect use of fixings or sealants
• Site-related issues

11. Inspection and Acceptance

11.1 The Customer must inspect goods:
• On delivery
11.2 Claims must be notified:
• Damage/shortages → within 48 hours
• Defects → within 7 days
11.3 Installation or further processing of goods constitutes acceptance.

12. Defects and Warranty

12.1 We warrant that Products will:
• Conform to agreed specification
• Be free from material defects at delivery
• Aluminium Fames 10 years
• Glass 10 years
• Hardware 12 months
12.2 Our liability is limited to:
• Repair
• Replacement
• Refund (at our discretion)
12.3 We shall not be liable where defects arise from:
• Incorrect installation
• Customer design/specification
• Alterations
• Lack of maintenance
• Fair wear and tear

13. Glass and Glazing Disclaimer

13.1 Where glazing is supplied:
• Risk of breakage passes upon delivery
• Minor imperfections within industry standards are acceptable
13.2 We do not accept liability for:
• Stress fractures
• Installation damage
• Compatibility issues with third-party components

14. Cancellation and Returns

14.1 Bespoke products cannot be cancelled once production has commenced.
14.2 Returns are only accepted:
• With prior written approval
• Subject to restocking and handling charges

15. Price and Payment

15.1 Prices exclude VAT unless stated.
15.2 Payment terms:
• 50% deposit on order (unless credit terms are in place)
• Balance prior to delivery (unless credit terms agreed)

16. Retention of Title
16.1 Ownership remains with Endurance Aluminium until paid in full.
16.2 We reserve the right to:
• Repossess goods
• Enter premises to recover goods
16.3 The Customer must:
• Store goods separately
• Identify them as our property

17. Limitation of Liability

17.1 We shall not be liable for:
• Loss of profit
• Loss of contracts
• Indirect or consequential losses
17.2 Total liability is limited to the value of the goods supplied.
17.3 Nothing excludes liability for:
• Death or personal injury
• Fraud
• Statutory obligations

18. Indemnity

The Customer shall indemnify Endurance Aluminium against all losses arising from:
• Customer design/specification
• Improper installation
• Third-party claims

19. Force Majeure

We are not liable for delays or failure caused by events beyond our control, including:
• Supplier failure
• Transport issues
• Industrial action
• Natural events

20. Data Protection

We may:
• Process personal data for contract performance
• Conduct credit checks
• Share data where legally required

21. General Terms

• We may assign this Contract
• The Customer may not assign without consent
• Invalid clauses do not affect the remainder
• Delay in enforcement does not waive rights

22. Governing Law

This Contract is governed by the laws of England and Wales, with exclusive jurisdiction of its courts.