Pinnacle Terms & Conditions of Sale / Online Services

Terms & Conditions Of Sale

 Acceptance

Terms and conditions apply between the Company (Pinnacle Ductwork Manufacturers Ltd) and you (The Customer) upon your acceptance of the Company’s quotation and are fully binding. Where a quotation is not supplied by the Company and instruction is provided to carry out work on your behalf, these terms and conditions will be applicable

2. Specification & Intellectual Property

The Company will make up the goods in accordance with specification as is agreed with you the customer
We do not carry out bespoke, made to measure, fabrications without a design drawing/specification provided by the customer
Intellectual property in the design, drawings and specifications belongs to the customer

3. Design Responsibility

1. Role as Fabricators: Pinnacle Ductwork Manufacturers Ltd acts solely as a fabricator for the products based on the design specifications and drawings provided by our customers. We do not participate in the design, engineering, or development of the original product concept.
2. Non-Involvement in Design: We do not assume any responsibility for the design of the products that we fabricate. Our role is confined to the manufacturing process, adhering to the specifications and materials provided by the client.
3. Customer’s Design Verification: It is the sole responsibility of our customers to ensure that the design, drawings, and specifications they provide for fabrication are accurate, complete, and compliant with all applicable laws, regulations, and industry standards.
4. Quality Control and Compliance: While we are committed to maintaining high standards of quality during the fabrication process, we do not verify or validate the design provided by our clients. Any design-related issues, errors, or defects in the final product resulting from the customers design will not be attributed to Pinnacle Ductwork Manufacturers Ltd
5. Limited Warranty: Our warranty for the fabricated products extends only to the work and materials used in the manufacturing process. It does not cover any design-related aspects or any issues arising from the client’s provided design.
6. Indemnification: Customers agree to indemnify, defend, and hold Pinnacle Ductwork Manufacturers harmless from any claims, damages, liabilities, or expenses arising from design-related issues, including but not limited to infringement of intellectual property rights, safety concerns, or non-compliance with regulations.
7. Updates: Pinnacle Ductwork reserves the right to modify or update this design responsibility waiver without prior notice. Any changes will be effective immediately upon posting on our website or providing the updated terms to the client
8. By engaging with Pinnacle Ductwork Manufacturers Ltd for product fabrication services, the customer acknowledges and agrees to this design responsibility conditions

4. Cancellation

The right to cancel can be requested. Cancellation acceptance and costs will be based on the stage of the order in the production process. The Company shall be entitled to the quoted price of the goods completed in accordance with the order, (whether invoiced or not) or to fair compensation for work in progress or in respect of materials that have been procured, and for loss of profit on uncompleted parts of the order. Your statutory rights are preserved.

If for any reason the contract/order needs to be cancelled due to the customer becoming insolvent before or after the goods are delivered, the company shall be entitled to the quoted or invoiced value and failing this, the return/collection of goods manufactured.

5. Delivery

If a delivery time is stated by the Company at any time delivery time is not of the essence or guaranteed. If the delivery time is not met, you have no right to cancel the order, to refuse payment, or to compensation for late delivery.

The Company is entitled to the price when the goods (all or part of an order) are ready for delivery or in accordance with your account terms. If you put off or refuse delivery, the Company is entitled to charge for storage or redelivery.

Any damages must be notified to the Company within 24 hours of receipt of the goods. Signing as ‘not checked’ will not suffice if the goods are damaged. Failure to notify the Company within this time period will mean the Company will not be liable for the damage.

5.1 Offloading of goods

Some larger goods such as double and oversized pallets will require you to have suitable means to offload. This will be discussed during your ordering process. Failure to provide suitable means to offload will result in failed delivery and charges becoming due for re-delivery. Goods will be stored until re-delivery charges are paid. If re-delivery charges are not paid then the goods will be stored for a limited time for you to make your own collection subject to the conditions of our chosen carrier.

6. Returns

Fabricated, bespoke and made to measure items are non returnable (unless faulty and details provided within 24 hours of delivery)

For wholesale products for business to business contracts which are not covered by the consumer contracts regulations, we reserve the right to charge a restocking fee of 50% and the return of goods is at our own discretion.

7. Pricing

We provide pricing for all products including wholesale and made to measure via a quotation.
All quotes are valid for 14 days unless otherwise stated.

8. Risk

The goods supplied under the contract between you and the Company are delivered to you when made available to you
Risk in the goods passes to you upon delivery
The Company shall not be liable in any way for any loss or expense arising from your failure to take delivery

9. Payment & Payment Terms

Account Customers

The Company will provide terms for your account – we may at times require a deposit from you before proceeding with work
The Company shall be entitled to invoice you when the goods (including part of an order where appropriate) are available for delivery or in accordance with your account terms
The invoice is payable in accordance with your account terms – these are offered out our discretion and can be amended at any time
We reserve the right to cancel and withdraw credit accounts at any time
Credit facilities are available at our own discretion only and will be reviewed throughout the year

New & Non Account Customers – Proforma

Full payment will be required when order is placed – we will not begin to fabricate or procure materials until monies are recieved
On some occasions we may agree to a deposit payment with order and balance paid prior to delivery or collection
Applications for credit terms can be applied and will be subject to a range of credit and identification checks – credit is offered at our discretion and can be withdrawn at any time

Payment methods

We accept card payments up to a maximum of £999
All payments of £1000 or more must be paid by BACS Transfer – Bank details are proided on invoices or available on request
We do not accept cheques

10. User privacy

Our privacy policy contains information on how we collect, store and manage the data you provide to us. Additionally, you may ask questions or raise comments about privacy issues by sending an email at sales@pinnacleductwork.co.uk

11. Changes to terms and conditions

We reserve the right to change these terms and conditions at any time. A direct link is provided on all quotations which are valid for 14 days. It is your responsibility to check the terms and conditions before you accept a quotation and proceed with work.

12. Liability

The Company warrants that the goods are made to a satisfactory standard in accordance with the specification provided. If they are not, a complaint needs to be raised and the Company will investigate. We may remake them or refund the price if any faults or defects are found or identified due to manufacturing issues. No liability is accepted for any economic or consequential loss, direct or indirect, which may be claimed to result from any defects.

13. Contract

This contract shall be governed by English Law and the English Courts shall have exclusive jurisdiction. This contract is not intended to confer rights of any third parties.

14. Contact Information

Any questions in relation to these terms and conditions can be made in writing to the Managing Director, Pinnacle Ductwork Manufacturers, Unit 12, Dakota Business Park, 14 Downey Road, Havant, PO9 2NJ or by emailing sales@pinnacleductwork.co.uk

Terms & Conditions Of Online Services

These terms and conditions governs the relationship between you and Pinnacle Ductwork Manufacturers Ltd when you use our online services such as our website.

For our Terms and Conditions of Sale please go here

Terms of service

We provide our Service to you subject to the following terms and conditions. You must read the terms and conditions of this contract before using the Service. By using the Service you agree to be bound by the terms and conditions set out below which may be updated by us from time to time. In addition, when using particular services or entering competitions, you shall be subject to any applicable guidelines and rules applicable to such services which may be posted by us from time to time. All such guidelines and rules are hereby incorporated by reference into these terms. In the case of any inconsistency between any such guideline or rule and these terms, the guideline or rule shall prevail. If you do not wish to be bound by these terms and conditions, do not use the Service.

1. Definitions

“Contract” means this agreement;
“Information” means all material delivered by us through the Website;
“Registration Form” means the form you must complete in order to receive emails, requested call backs, newsletters and/or register for any other reason;
“Registration Information” means all personally identifiable information collected by us when a user registers on the Website and/or registers for any other reason;
“Service” means the provision by us to you of access to the Information through this Website;
“we”, “us”, “our” means Pinnacle Ductwork Manufacturers Ltd, Unit 12 Dakota Business Park, 14 Downey Road, Havant, Hants, PO9 2NJ
“Website” means the website situated at www.pianncleductwork.co.uk;
“you”, “your”, “yourself”, means you, the Service end-user.

2. Disclaimer

The Service is provided on an “as is” and “as available” basis and we make no warranties or representations, whether express or implied, in relation to the Service, including but not limited to implied warranties or conditions of completeness, accuracy, satisfactory quality and fitness for a particular purpose, all of which are hereby excluded to the maximum extent permitted by law.

You acknowledge that:

• it is technically impossible to provide the Service free of faults and that we do not undertake to do so;
• faults may lead to temporary unavailability of the Service;
• the results that may be obtained from the use of the Service may include inaccuracies or typographical errors; and
• the operation of the Service may be adversely affected by conditions and performances outside our control, including without limitation, transmission and telecommunications links between us and you, between different parts of our network, and between us and other systems and networks.

You further acknowledge that some of the information, for example software, is supplied to us by third parties and accordingly we offer no warranty of whatever nature in relation to such information.

Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.

3. Limitation of liability

You agree that, except for death and personal injury arising from our negligence, or any other liability which cannot be excluded or limited by law, we shall not be liable in contract, tort, negligence, statutory duty or otherwise, for any loss or damage whatsoever arising from or in any way connected with this contract or the use or performance of the Service or Website [or any other website linked to the website], including without limitation, damage for loss of business, loss of profits, business interruption, loss of business information, or any other pecuniary loss (even where we have been advised of the possibility of such loss or damage).

4. Rights granted/ rights reserved

We provide the Information to you solely for your personal, non-commercial purposes and you may download the Information onto only one computer hard drive for such purpose. The Information may not be used for any other purpose including, publication, reproduction or transmission without our express written permission, subject to which you may upload and/ or send material derived from the Information or other material to us. By uploading or sending any material to us, you thereby grant to us an irrevocable, unconditional, world-wide, royalty free licence to use such material or any part of it in perpetuity in any and all media and in any manner we may determine in our sole discretion. Furthermore, you thereby waive all so-called moral rights or other similar rights in such material. You agree not to copy, modify, create a derivative work, reverse engineer, reverse assemble or otherwise attempt to discover the source code, sell, assign, sub-license, grant a security interest in or otherwise transfer any right in the Information, except to the extent permitted under applicable law.

5. User conduct

We provide the Service to you solely for your, personal, private use.

You undertake not to use the Service;

• for any unlawful purpose;
• in any way so that the Service is interrupted, damaged, rendered less efficient or the functionality of the Service is in any way impaired;
• in any way that may damage or disrupt another user’s computer;
• for the transmission, uploading or posting of any computer viruses or any harmful or deleterious files or programs;
• to transmit, upload or post any material which is defamatory, offensive, racist, vulgar, libelous or of an obscene or menacing character, or in such a way as to cause annoyance, inconvenience or needless anxiety;
• as a means to threaten, stalk, harass, abuse, or otherwise insult other users or to collect or store personal data about other users;
• in a manner which constitutes a violation or infringement of any person, firm or company’s rights (including, but not limited to, rights of copyright or confidentiality);
• to transmit any material for the purposes of publicity, promotion and/or advertising without our prior written consent unless such transmission has been specifically requested by another user of the Service;
• to create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message, including, but not limited to impersonating a Pinnacle Ductwork Manufacturers Ltd employee, manager, host or another user; or
• to transmit, upload, post or otherwise make available any solicited or unauthorised advertising, promotional materials, “junkmail”, “spam”, “chain letters”, “pyramid schemes” or any duplicative or unsolicited messages.

However, we do not control the content posted via you or other users on the Service and as such, do not guarantee the accuracy, integrity or quality of such content. By using the Service, you acknowledge that you may be exposed to content that is offensive or objectionable.

Under no circumstances will we be liable in any way for any content or any damage incurred as a result of you accessing any content posted or otherwise transmitted via the Service.

You acknowledge that we do not monitor or preview any content posted via you or other users of the Service, but that we shall have the right (but not the obligation) to refuse access to or move any content made available via the Service.

6. Indemnification

You further undertake that in the event that you have any right, claim or action against any other user arising from the use of the Service, you shall pursue such right, claim or action independently of, and without recourse to us. You will fully indemnify and defend us against all claims, liability, damages, costs and expenses, including legal fees, arising out of a breach of this Contract or any use of the Service, the Information or the Website by you. You acknowledge that we have limited control over the nature or content of information or programs transmitted or received by you or other users using the Service and that we do not examine in any way the use to which you put the Service. You agree to fully indemnify us against any claims or legal proceedings arising in connection with your use of the Service which are brought or threatened against us by any other person.

7. Intellectual property & Copyright

You acknowledge that all copyright, trade marks and all other intellectual property rights in the service and website shall remain owned by us and nothing in this agreement shall have the effect of transferring the ownership of such intellectual property rights to you.

8. Suspension and termination

We shall have the right to immediately terminate this contract and/or suspend your access to the service if you commit a breach of these terms and conditions.

9. User privacy and data collection

Privacy policy contains information on our privacy policy and our treatment of the Registration Information and/or any other personal information relating to you that we collect in the course of providing the Service. Additionally, you may ask questions or raise comments about privacy issues by sending an email at sales@pinnacleductwork.co.uk

11. Changes to the terms and conditions for online services

We reserve the right to change these terms and conditions from time to time by placing a note of such change in this file, and your continued use of the service following notice of such change shall be deemed to be your acceptance of any such change. It is your responsibility to check this file regularly to determine whether this contract has been changed. If you do not agree to any change in the terms and conditions of this contract then you must immediately stop using the service. We also reserve the right to change and update the service from time to time.

14. Law and jurisdiction

This Contract shall be governed by English law and the parties hereby irrecoverably submit to the exclusive jurisdiction of the English courts. These Terms and Conditions were last updated 15 December 2016.