Terms and Conditions of Sale – updated July 2023

1. 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