Terms & Conditions

1 The Contract

1.1 The Contract will be formed when Dekco accepts the Customer’s order. The Contract is Dekco’s Specification and Estimate and these terms. In the case of conflict, the Specification and Estimate takes priority. Orders are not binding until accepted by Dekco in writing.

1.2 An order from the Customer will be deemed to be an offer to purchase products  from Dekco under the terms of the Contract.

1.3 Quotations issued by Dekco are valid for 30 days from date of issue.

1.4 Marketing and other descriptive matter relating to Services are illustrative only, and do not form part of the Contract. The Customer agrees that it has not relied on any representation or statement by Dekco not set out in the Contract.

1.5 The Contract cannot be varied except by written agreement between Dekco and Customer.

1.6 No terms or conditions endorsed on, delivered with, or contained in the Customer's purchase order, confirmation of order, specification or other document will form part of the Contract unless expressly agreed by Dekco.

2 Price and Payment

2.1 The price for the products will be as set out in Dekco’s Specification and Estimate and includes packaging and delivery to site but not unloading unless otherwise specified.

2.2 The price does not include VAT which will be charged at the then applicable rate.

2.3 The Customer will pay Dekco’s invoice within 30 days of the date of the invoice unless otherwise agreed in the Specification and Estimate. The Customer will pay all invoices without deduction or set-off and in cleared funds. Time of payment is of the essence. Dekco
may, without limiting its other rights, charge interest on outstanding sums at 1.5% per month.

2.4 Title to any products supplied as part of the Services will pass to the Customer on full payment. Risk associated with any products transfers to the Customer on delivery. Products supplied may be removed at any time by Dekco where payment is overdue.

3 Provision of Services

3.1 Dekco will provide the products to the Customer in accordance with the Contract. Whilst Dekco will use reasonable endeavours to meet any time schedules set out in the Specification and Estimate, such dates are approximate only, and time of performance is not of the essence.

3.2 Dekco will not be liable for any delay in caused by an event beyond Dekco’s control.

3.3 Dekco may make any changes to the Products needed to comply with applicable law or safety requirements, or which do not materially affect the nature or quality of the Products.

4 Customer Obligations

4.1 The Specification and Estimate is based on information supplied to Dekco from the Customer and the Customer is responsible for verifying that the products are suitable for its own needs and that the building is in a suitable condition to receive the Products.

5 Warranty and Default

5.1 Dekco warrants that:

5.1.1 for a period of 12 months from delivery of any products supplied 

5.2 The warranty is conditional on the products being installed and maintained in accordance with Dekco’s instructions. Defects must be notified to Dekco within 7 days of discovery.

5.3 Dekco will not be liable for any failure of any Product where the Customer alters the specification or fails to comply with Dekco's instructions in relation to the Installation.

5.3. Dekco will not be liable for any costs sustained by the Customer as a result of any suspension; and

5.3.1 may charge the Customer (and the Customer will pay) costs or losses incurred by Dekco arising from the Customer's default.

6 Liability

6.1 Dekco will not be liable where the Products have been tampered with by any other party.

6.2 Neither party will be liable for, loss of data or use, any form of indirect, consequential or special loss; or any loss of or failure to realise expected profit, revenue or savings or any other form of pure economic loss, whether any such loss is direct or indirect, and, in each
case, however arising.

7 Confidentiality and Copyright

7.1 The Contract and any documents provided by Dekco are confidential and subject to copyright and may not be disclosed to any other party or used other than in the performance of this Contract.

8 Termination

8.1 The Contract may be terminated at any time by either party on written notice to the other if the other; commits a material breach of the Contract and such breach is not remedied within 30 days of written notice requiring that party to do so; or, becomes insolvent.

8.2 On termination of the Contract for any reason the Customer will immediately pay all invoices of Dekco then outstanding. The accrued rights and liabilities of the parties will not be affected.

9 General

No delay, act or omission by either party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy. The Contract is not enforceable by any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise. The Contract will
be governed by the law of England and Wales and disputes will be submitted to the exclusive jurisdiction of the courts of England and Wales.