Terms & Conditions | Spray Booth Curtains
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Terms & Conditions 

TERMS & CONDITIONS

  1. Definitions

  2. Incorporation of Conditions

  3. Void or Unenforceable Provisions

  4. Custom-Made Products

  5. Prices

  6. Acceptance of Orders

  7. Production Time

  8. Variations of Quantity and Size

  9. Payment

  10. Delivery

  11. Installation Conditions

  12. Installation Dates

  13. Loss/Damage/Returns

  14. Passing of Property

  15. Warranty

  16. Law

  17. Cancellation Policy

  18. Intellectual Property

  19. Maintenance and Care

  20. Indemnification

  21. Insurance

  22. Limitation of Liability

  23. Dispute Resolution

  24. Compliance with Regulations

 

 

Definitions

  • The term "Customer" refers to the individual or company purchasing goods from Hutchinson's PVC Solutions Limited.

  • The term "goods" encompasses the items supplied by Hutchinson's PVC Solutions Limited to the customer under the contract between them.

  • The customer's commitment is subject to Hutchinson's PVC Solutions Limited's Terms and Conditions when ordering any goods.

Incorporation of Conditions

  • All contracts for the sale and/or manufacture of goods and services by Hutchinson's PVC Solutions Limited shall incorporate these conditions, including quotations and offers. No officer or employee of the suppliers has authority to contract on terms inconsistent with these conditions. The performance of the customer's order does not imply acceptance of terms inconsistent with these conditions.

Void or Unenforceable Provisions

  • If any provision of these conditions becomes void or unenforceable under applicable law, these conditions shall be void or unenforceable to that extent but no further.

Custom-Made Products

i) Customers are responsible for providing accurate measurements and specifications for their custom PVC products.  

ii) Any inaccuracies in the information provided may impact the final product.

 

Prices

i) Prices quoted exclude VAT or any other taxes.

ii) Hutchinson's PVC Solutions Limited reserves the right to alter prices without prior notification and shall not be bound by any price not in writing.

iii) Written quotations remain valid for 30 days.

iv) In case of unforeseen cost increases before delivery, Hutchinson's PVC Solutions Limited is entitled to adjust prices accordingly.

 

Acceptance of Orders

  • Orders are accepted based on the customer’s provided measurements and specification.  Hutchinson’s PVC Solutions reserves the right to reject modify orders under certain circumstances.

 

Production Time

  • Production time for custom-made PVC products is estimated and not guaranteed.  Unforeseen circumstances may affect the delivery schedule.


 

Variations of Quantity and Size

i) Variations up to 2% in quantity and size do not entitle the Customer to reject the goods.

 

Payment

i) Payment is due upon order placement unless account arrangements have been pre-agreed.

ii) Hutchinson's PVC Solutions Limited reserves the right to withdraw credit facilities without notice.

iii) Interest of 2% per month may be charged on accounts unpaid for 60 days or more.

 

Delivery

i) While efforts will be made to meet the delivery date, it is not guaranteed.

ii) Acceptance of goods by any authorized person at the specified address is proof of receipt.

iii) Refusal or non-acceptance of goods incurs additional costs, and Hutchinson's PVC Solutions Limited may dispatch alternative goods.

 

Installation Conditions

  1. Site Preparation:

  • Prior to the scheduled installation date, it is the responsibility of the customer to ensure that the installation site is clear of any obstructions that may hinder the installation process.  This is including but is not limited to, removing items of structures that may obstruct access to the installation area, unless agreed otherwise in writing.

  1. Business Operations:

  • Hutchinson’s PVC Solutions requests that the customer acknowledges the importance of providing a conductive and obstruction-free environment for the installation team.  The customer agrees not to impede the installation process due to the day-to-day working of their business.

  1. Coordination with Customer:

  • Hutchinson’s PVC Solutions will work collaboratively with the customer to establish a suitable installation schedule that minimizes disruptions to the customer’s business operations.

  1. Timely Cooperation:

  • The customer agrees to cooperate in a timely manner, ensuring that the installation team can carry out their duties efficiently.  Delays caused by the customer’s failure to prepare the site or accommodate the installation team may result in rescheduling or additional costs.

  1. Responsibility for Clear Access:

  • The customer acknowledges that clear access to the installation site is crucial for the timely completion of the installation.  Any hindrance caused by obstructions or operational activities on the customer’s premises that results in delays will not be the responsibility of Hutchinson’s PVC Solution and may incur a cost if this results in further days on site for example.

  1. Communication of Business Operations:

  • The customer agrees to communicate any specific operational activities or restrictions that may impact the installation process well in advance.  This includes any special events, maintenance activities, or other circumstances that may affect the installation timeline.

  1. Notices and Coordination:

  • Hutchinson’s PVC Solutions will provide reasonable notice to the customer before the scheduled installation date.  The customer agrees to promptly address any concerns raised by Hutchinson’s PVC Solutions regarding site preparation or potential disruptions.

  1. Force Majeure:

  • In the event of unforeseen circumstances or force majeure events that are beyond the control of either party, Hutchinson’s PVC Solutions shall not be held responsible for delays caused by such events.

 

Installation Dates

i) Clients requesting changes to agreed-upon installation dates must submit written requests at least 30 days in advance.  

ii) Changes within this period may incur a rescheduling fee of 5% of the total job value.  

iii) The fee must be paid before the reschedule date.  

iv) Failure to provide timely notice or pay the fee may result in further delays or changes.

v) Hutchinson’s PVC Solutions reserves the right to deny or reschedule requests at its discretion.

 

Loss/Damage/Returns

i) Hutchinson's PVC Solutions Limited is not liable for consequential or force majeure loss or damage.

ii) Customer claims must be made in writing within 14 days of dispatch.

iii) Return of goods requires agreement between Hutchinson's PVC Solutions Limited and the Customer. 

iv) Bespoke items are non-returnable.

v) Goods subject to an agreement may incur a 5% restocking charge.

 

Passing of Property

i) Goods remain Hutchinson's PVC Solutions Limited's property until full payment is received.

ii) If goods become constituents of other goods, the latter becomes Hutchinson's PVC Solutions Limited's property until paid for in full.

iii) In a dispute, Hutchinson's PVC Solutions Limited may require delivery of goods from the Customer.

 

Warranty

i) The customer is responsible for determining the product's fitness for a particular purpose.

ii) Statements, verbal or written, are not guaranteed but are based on reliability.

iii) Hutchinson's PVC Solutions Limited and the manufacturer are not responsible for injuries, damages, or losses arising from product use.

iv) Hutchinson’s Life Time Warranty….

 

Law

i) The proper law of the contract shall be English law, and the customer submits to the jurisdiction of the English courts of law upon purchase.


 

Cancellation Policy

  1. Cancellation by Customer:

  • Written notice is required for order cancellation.

  • Cancellation fees may apply, based on the production stage.

  • Custom-made orders may incur costs if production has started.

  • Post-dispatch cancellations require the customer to cover return costs.

  • Hutchinson's PVC Solutions may refuse late cancellation requests for custom items.

  1. Cancellation by Hutchinson's PVC Solutions:

  • Cancellation may occur due to unforeseen circumstances or force majeure.

  • Customers will be promptly notified, and payments refunded in full.

  • Hutchinson's PVC Solutions is not liable for additional customer costs due to cancellation.

  1. Cancellation Fee Schedule:

  • Within 7 days of order placement: No fee.

  • After 7 days and before production: [Specify percentage or fixed amount].

  • After production begins: [Specify percentage or fixed amount].

  • Post-dispatch: [Specify percentage or fixed amount, plus return shipping costs].

 

Intellectual Property

  1. Ownership:

  • All intellectual property rights for designs and solutions created by Hutchinson's PVC Solutions Limited remain with the Company.

  • Customers retain ownership of their existing intellectual property.

  1. License:

  • Upon full payment, customers receive a non-exclusive license for specified use.

  • Modifications or reproductions require written consent from the Company.

  1. Confidentiality:

  • Both parties commit to keeping disclosed proprietary information confidential.

  1. Third-Party Rights:

  • Customers warrant non-infringement of third-party rights in provided intellectual property.

  • The Company is not liable for such infringements.

  1. Modification and Derivative Works:

  • Customers can't modify or create derivative works without written permission.

  • The Company may use modified works for promotional purposes.

  1. Indemnification:

  • Customers indemnify the Company against claims related to their intellectual property use.

  1. Termination:

  • Upon termination, the license ends, and outstanding payments are due.

  1. Dispute Resolution:

  • Intellectual property disputes are resolved through negotiation or arbitration.

 

Maintenance and Care

 

a) Regular Cleaning:

  • Clean PVC curtains regularly using a mild detergent solution and warm water. Avoid using abrasive cleaners or solvents, as they can damage the PVC material.

  • Gently wipe both sides of the curtains with a soft cloth or sponge soaked in the detergent solution.

  • Rinse thoroughly with clean water to remove any soap residue.

 

b) Preventative Maintenance:

  • Inspect PVC curtains regularly for signs of wear, tear, or damage. Look for cracks, holes, or discolored areas.

  • Repair any minor damages promptly to prevent them from worsening. Small holes or tears can be patched using PVC repair tape or adhesive patches.

  • Ensure that curtain mounting hardware, such as tracks or hangers, is securely fastened. Loose hardware can cause unnecessary stress on the curtains and lead to premature wear

c) Lubrication:

  • If your PVC curtains are mounted on a track system, lubricate the tracks periodically to ensure smooth operation.

  •  Apply a small amount of lubricant to the tracks and move the curtains back and forth to distribute it evenly.

 

d) Storage:

  • If PVC curtains need to be removed temporarily, store them in a clean, dry, and well-ventilated area away from direct sunlight and heat sources.

  • Avoid folding or creasing the curtains excessively during storage, as this can cause permanent damage to the material. Instead, roll them up loosely and secure them with straps or ties.

 

e) Professional Inspection:

  • Periodically, have a professional inspect your PVC curtains to identify any potential issues or areas needing maintenance. They can provide recommendations for repairs or replacements, as necessary.

 

Indemnification

  1. Customer's Indemnity:

  • The Customer indemnifies Hutchinson's PVC Solutions Limited against all claims, costs, and liabilities arising from breaches or damages related to the provided goods and services.

  1. Defense Rights:

  • Hutchinson's PVC Solutions Limited retains the right to control the defense of any claim, with the Customer's cooperation.

  1. Notification:

  • The Customer must promptly inform Hutchinson's PVC Solutions Limited of any claims or demands requiring indemnification.

  1. Cooperation:

  • The Customer agrees to cooperate fully in the defense, providing necessary information and assistance.

  1. Limitation:

  • Hutchinson's PVC Solutions Limited's total liability under this indemnification is limited to the total payment for the specific goods or services.

  1. Exceptions:

  • The indemnification doesn't cover claims due to willful misconduct or gross negligence by Hutchinson's PVC Solutions Limited.

  1. Sole Remedy:

  • Indemnification is the exclusive remedy for claims or damages related to the provided goods or services.

  1. Governing Law:

  • This clause is governed by English law, and the Customer submits to the jurisdiction of English courts.


 

Insurance

  1. Insurance Requirement:

  • The Customer agrees to maintain adequate insurance coverage throughout the term of the contract to protect against any loss, damage, or liability associated with the goods and services provided by Hutchinson's PVC Solutions Limited.

  1. Minimum Coverage:

  • The insurance coverage must, at a minimum, include coverage for property damage, liability, and business interruption, with appropriate limits based on the nature and scope of the contract.

  1. Proof of Insurance:

  • Upon Hutchinson's PVC Solutions Limited's request, the Customer shall provide proof of insurance, including policy details and coverage confirmation.

  1. Notification of Changes:

  • The Customer agrees to notify Hutchinson's PVC Solutions Limited promptly in writing of any changes to the insurance coverage, including but not limited to policy cancellations or reductions in coverage.

  1. Subcontractors:

  • If the Customer engages subcontractors in connection with the contract, the Customer shall ensure that such subcontractors maintain adequate insurance coverage and provide proof of the same.

  1. Compliance with Laws:

  • The insurance maintained by the Customer shall comply with all applicable laws and regulations.

  1. Waiver of Subrogation:

  • To the extent permitted by applicable law, the Customer waives any right of subrogation against Hutchinson's PVC Solutions Limited for losses covered by the Customer's insurance.

  1. Failure to Maintain Insurance:

  • Hutchinson's PVC Solutions Limited reserves the right to suspend or terminate the contract if the Customer fails to maintain the required insurance coverage.

  1. Governing Law:

  • This clause is governed by English law, and the Customer submits to the jurisdiction of English courts.

 

Limitation of Liability

 

  1. Exclusion of Consequential Damages:

  • Hutchinson's PVC Solutions Limited shall not be liable for any consequential, indirect, or incidental damages arising out of or related to the contract, including but not limited to loss of profits, business interruption, or loss of data.

  1. Maximum Liability:

  • Hutchinson's PVC Solutions Limited's total liability for any claims, whether in contract, tort, or otherwise, shall not exceed the total amount paid by the Customer under the specific contract giving rise to the claim.


 

  1. Scope of Liability:

  • Hutchinson's PVC Solutions Limited shall not be liable for damages or losses caused by circumstances beyond its reasonable control, including force majeure events.

  1. Exclusions:

  •  This limitation of liability applies to all claims, including those arising from defects in goods, delays in delivery, or any other cause of action, whether based on warranty, contract, tort, or any other legal theory.

  1. No Liability for Customer's Actions:

  • Hutchinson's PVC Solutions Limited shall not be liable for any damages resulting from the Customer's misuse, improper installation, or failure to comply with recommended maintenance and servicing.

  1. Allocation of Risk:

  • The limitations of liability are a fundamental element of the bargain between the parties, and the pricing of goods and services reflects this allocation of risk.

  1. Insurance:

  • The Customer is encouraged to obtain appropriate insurance coverage to mitigate potential risks beyond the limitations specified in this clause.

  1. Governing Law:

  • This limitation of liability is governed by English law, and the Customer submits to the jurisdiction of English courts.


 

Dispute Resolutions

  1. Negotiation:

  • In the event of any dispute arising out of or in connection with this contract, the parties agree to first attempt to resolve the dispute amicably through good-faith negotiations.

  1. Mediation:

  • If the dispute cannot be resolved through negotiation within [14 days], the parties agree to submit the dispute to mediation. A mutually agreed-upon mediator will facilitate the resolution process.

  1. Mediation Process:

  • Both parties commit to participating in the mediation process in good faith.

  1. Arbitration Option:

  • If mediation does not result in a resolution within [7 days], either party may initiate arbitration by providing written notice to the other party.

  1. Arbitration Award:

  •  The decision of the arbitrator(s) shall be final and binding on both parties. The arbitration award may be enforced in any court of competent jurisdiction.

  1. Costs:

  • The costs of mediation and arbitration, including fees of the mediator and arbitrator(s), shall be shared equally between the parties unless the arbitrator(s) decide otherwise.

  1. Exclusion of Litigation:

  • Both parties agree that any disputes not resolved through negotiation, mediation, or arbitration shall be exclusively resolved through litigation in the courts of [United Kingdom (UK)].


 

  1. Governing Law:

  • This dispute resolution clause is governed by and shall be construed in accordance with the laws of [specify governing law].

  1. Language:

  • All communications and documents in the dispute resolution process shall be in [specify language].


 

Compliance with Regulations

  1. General Compliance:

  • Both parties agree to comply with all applicable laws, regulations, and standards related to the goods and services provided under this contract.

  1. Governmental Approvals:

  • The seller/customer (as applicable) shall be responsible for obtaining any necessary governmental approvals, licenses, or permits required for the fulfillment of their obligations under this contract.

  1. Changes in Laws:

  • In the event of changes in applicable laws or regulations after the execution of this contract, both parties shall work together in good faith to make any necessary adjustments to ensure continued compliance.

  1. Notification of Non-Compliance:

  • If either party becomes aware of any actual or potential non-compliance with relevant regulations, they shall promptly notify the other party in writing, providing necessary details and proposed corrective actions.

  1. Consequences of Non-Compliance:

  • Failure to comply with applicable laws and regulations may result in termination of the contract, and the non-compliant party shall be liable for any resulting damages or losses incurred by the other party.

  1. Indemnification:

  • The non-compliant party agrees to indemnify and hold harmless the other party from any claims, liabilities, or expenses arising out of non-compliance with applicable laws and regulations.

  1. Continuous Monitoring:

  •  Both parties commit to continuously monitor changes in relevant laws and regulations that may impact the performance of this contract and take proactive measures to maintain compliance.

  1. Governing Law:

  • This compliance with regulations clause is governed by and shall be construed in accordance with the laws of [United Kingdom (UK)].

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