Buyer The company, firm or person who agrees to buy the goods from the Seller.
Seller DP Building Systems Ltd.
Conditions The terms and conditions of sale as set out in this document and any
special terms and conditions agreed in writing by the Seller.
Goods The articles which the Buyer agrees to buy from the Seller.
Price The price for the Goods, excluding VAT and carriage.
2.1 These Conditions shall form the basis of the contract between the Seller and the Buyer
in relation to the sale of Goods, to the exclusion of all other terms and conditions
including the Buyer’s standard conditions of purchase or any other conditions which
the Buyer may purport to apply under any purchase order or confirmation of order or
any other document.
2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods
from the Seller pursuant to these Conditions.
2.3 Acceptance of delivery of the Goods shall be deemed to be conclusive evidence of the
Buyer’s acceptance of these Conditions.
2.4 These Conditions may not be varied except by the written agreement of a director of the
2.5 These Conditions represent the whole of the agreement between the Seller and the
Buyer. They supersede any other conditions previously issued.
3. Quotations and Orders
3.1 Unless otherwise agreed in writing, quotations will only be open for acceptance for a
period of 30 days from the date thereof and may be withdrawn at any time within that
3.2 All orders accepted on credit are subject to credit approval by the Seller.
3.3 Once an order has been accepted, it can only be cancelled by agreement with the
3.4 We make every effort to ensure that all prices and descriptions quoted in our website are correct and accurate. In the case of an error or omission, we will be entitled to cancel the order, notwithstanding that we may already have accepted your order and/or received payment from you. Our liability in that event will be limited to the return of any money that you have paid in respect of the Order. In the case of an error in relation to price, you will be entitled to purchase the Goods or Services by paying the difference between the quoted price and the correct price.
4.1 Unless otherwise agreed, credit sales shall be due for payment on the last working of
the month following the month of delivery. When credit terms have not been agreed
cleared funds must be received before goods are dispatched.
4.2 The Seller reserves the right to withdraw credit terms at any time.
4.3 If the Seller resorts to legal action to recover overdue amounts the Buyer will indemnify
the Seller for all legal costs and disbursements incurred by the Seller if the court of
jurisdiction decides in favour of the Seller.
5.1 All product details shown on our website and in our catalogues are intended to present
general ideas of the goods described and for guidance only. The details shall not form
part of the contract between the Buyer and the Seller.
5.2 The Buyer shall be responsible for the accuracy and suitability of all drawings and
information given to the Seller.
Save as otherwise provided, Sections 12 to 15 of the Sales of Goods Act 1979 are implied
into the contract. Subject thereto no guarantee or warranty is given or implied by these
Conditions or by anything said or written in the negotiations between the parties prior to the
contract. Any statutory or other guarantee or warranty express or implied as to the fitness of
the Goods for any particular purpose is expressly excluded.
7.1 The Goods will be delivered to where the Buyer has stipulated. It is the Buyer’s
responsibility to ensure that a responsible person is available to accept the delivery,
to offload the Goods and to secure them at the delivery location. The Seller shall not be
liable for any damage or fault arising from incorrect storage of the Goods.
7.2 The Seller undertakes to use its reasonable endeavours to despatch the Goods on an
agreed delivery date but does not guarantee to do so. Time of delivery shall not be of
the essence of the contract.
7.3 The Seller shall not be liable to the Buyer for any loss or damage whether arising
directly or indirectly from the late delivery or short delivery of the Goods. Unless
otherwise agreed, if short delivery does take place the Buyer undertakes not to reject
the Goods but to accept the Goods delivered as part performance of the contract.
7.4 The Seller shall only be responsible for any defects or shortages if notified within 7 days
The Seller will accept returns of goods within 30 days if in their original condition and if the
Seller has issued an approved returns number. Faulty or incorrect goods will be returned at
the Seller’s cost otherwise returns will be at the Buyer’s cost.
9. Limitation of Liability
Except as may be implied by law where the Buyer is dealing as a consumer as described
under section 12 of the Unfair Contract Terms Act 1977, in the event of any breach of these
Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages
which shall in no circumstances exceed the Price of the Goods and the Seller shall under no
circumstances be liable for any indirect, incidental or consequential loss or damage.
Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for
death, personal injury or loss of or damage to property resulting from the proven negligence
of the Seller.
10. Ownership of Goods
10.1 Title in any goods supplied by the Seller shall pass to the Buyer only when the Seller
has received full payment for the Goods and all other amounts owed buy the Buyer to
the Seller under all contracts between the two parties.
10.2 Until title has passed the Buyer will store the Goods so that they are identifiable as
property of the Seller or may, as trustee for the Seller, sell them to a third party in the
normal course of business.
10.3 After giving due notice of our intention to repossess, the Seller shall be entitled to enter
any premises and repossess any Goods to which we retain title.
10.4 Until title has passed, if the Buyer incorporates the Goods supplied into other products
the Seller may dismantle and repossess any of the Goods.
10.5 Risk shall pass to the Buyer with possession of the goods.
All drawings, designs, specifications and the like which the Seller supplies in connection with
a quotation or order are confidential and shall remain the property of the Seller. They must not
be disclosed to any third party without our written permission.
All the images, information and content on this web site is intended for guidance only. The
web site is regularly updated and all efforts are made to ensure correct information. Products
and prices are subject to change without notice.
13. Trademarks and other Intellectual Property
13.1 All Trademarks that appear on the Seller’s website are property of their respective
13.2 The Buyer shall indemnify the Seller against all costs, damages or expenses which may
be incurred by the Seller as a consequence of alleged or proven infringements of
patents, trademarks, copyright, design or any other claim by any other party in respect
of Goods supplied to the Buyer.
14. Force Majeure
The Seller shall be under no liability for any delay in carrying out or for the non-performance
of any of its obligations under these Terms caused by any circumstances (including but
not limited to war, riot, accident, fire, store, flood, industrial dispute and supplies of labour
shortages) beyond its direct and reasonable control.
The contract shall be governed and interpreted according to English Law and shall be subject
to the jurisdiction of the English Courts only.
All orders placed on www.dpbuildingsystems.co.uk are delivered Monday to Friday, excluding Bank Holidays, between 8am and 6pm. Deliveries are not carried out on a Saturday or Sunday or to PO Boxes. We do not ship outside mainland U.K as standard at this time. Any non-Mainland UK customers must contact us for costing before placing an order. All packages require a signature on delivery.
Tel: 0121 706 7777
Fax: 0121 706 7776