Terms & Conditions of Sale
1. Prices & Quotation Validity
1.1 All prices exclude VAT or any applicable taxes unless stated otherwise.
1.2 Quotations are valid for 60 days from the date of issue unless otherwise specified in writing.
1.3 Prices are based on the information available at the time of quotation. Any changes to specifications, quantities, finishes, compliance requirements, or site conditions may result in a revised quotation.
1.4 Delivery or shipping costs provided at quotation stage are estimates only and may be requoted at the time of dispatch.
2. Orders & Formation of Contract
2.1 A binding contract is formed only upon written acceptance of the quotation and receipt of the agreed deposit.
2.2 Duncan & Grove shall not be bound by any third-party contract terms, tender conditions, or purchase order terms unless expressly agreed in writing.
2.3 In the event of conflict between purchaser terms and these Terms & Conditions, these Terms & Conditions shall prevail.
3. Payment Terms
3.1 Payment terms shall be stated on the quotation and may vary depending on project scope and value.
Typical staged payment structure:
50% deposit upon order confirmation
50% prior to dispatch/shipping
Alternative staged structures may apply as specified in the quotation.
3.2 Orders are processed only upon receipt of payment in accordance with the agreed schedule.
3.3 Delivery or dispatch of goods is strictly conditional upon receipt of all payments due at that stage.
3.4 Installation works (where applicable) shall be invoiced as monthly valuations and are payable within 28 days unless otherwise agreed.
3.5 The Purchaser shall not withhold, delay, or set off payment due to any alleged claim or dispute unless agreed in writing.
4. Suspension & Acceleration of Payment
4.1 If any invoice remains unpaid beyond its due date, Duncan & Grove reserves the right to:
Suspend manufacture, delivery, or installation; and
Require immediate payment of all outstanding sums relating to the project prior to delivery or continuation of works.
4.2 If staged payments are not made in accordance with the agreed schedule, Duncan & Grove may require payment of the full remaining contract value prior to dispatch.
4.3 Delivery shall not proceed until all outstanding amounts are received in cleared funds.
5. Late Payment
5.1 Late payments may incur interest pursuant to the Late Payment of Commercial Debts (Interest) Act 1998, being 8% above the Bank of England base rate, together with applicable statutory recovery costs.
5.2 Duncan & Grove reserves the right to recover all reasonable legal and debt recovery costs incurred.
6. Made-to-Order Equipment & Cancellation
6.1 All equipment is manufactured to order.
6.2 Once an order is confirmed and deposit received, the order cannot be cancelled without written agreement.
6.3 Refunds are not available for made-to-order goods.
6.4 Any modifications requested after order confirmation may incur additional charges and revised lead times.
7. Retention of Title
7.1 Title to the goods shall not pass to the Purchaser until full payment of all sums due under the contract has been received in cleared funds.
7.2 Until title passes, Duncan & Grove reserves the right to recover goods where payment is overdue.
7.3 The Purchaser shall store goods separately and clearly identify them as the property of Duncan & Grove until title passes.
8. Lead Times & Delivery
8.1 Lead times commence upon receipt of deposit and written order confirmation.
8.2 Any lead times or delivery dates provided are estimates only and are not contractually binding.
8.3 Duncan & Grove accepts no liability for liquidated damages, delay penalties, loss of profit, loss of revenue, or consequential loss arising from delayed delivery or completion.
8.4 Delivery obligations are suspended where:
Payment terms are not met;
Required information or approvals are outstanding;
Circumstances beyond Duncan & Grove’s reasonable control prevent performance.
9. Delivery & Offloading
9.1 Delivery costs are not included unless expressly stated.
9.2 The Purchaser is responsible for offloading all shipments unless otherwise agreed in writing.
9.3 If offloading cannot occur at the agreed time and date, additional redelivery or storage charges may apply.
10. Reporting Missing or Damaged Items
10.1 Missing or damaged items must be reported in writing within 7 days of delivery.
10.2 Failure to report within this period may result in replacement items being chargeable.
11. Drawings & Technical Information
11.1 Quotations include one revision of standard Duncan & Grove construction drawings unless otherwise specified.
11.2 All drawings provided prior to order are subject to change.
11.3 Measurements shown on construction drawings are approximations and may vary on site.
11.4 Technical drawings may require adjustment to suit ground conditions or site constraints.
12. Structural Calculations
12.1 Structural calculations are not included unless expressly stated.
12.2 Structural calculations may be provided upon request at additional cost.
13. Independent Play Inspections
13.1 Independent play inspections are not included unless expressly stated.
13.2 Where required, inspection costs shall be charged separately.
14. Installation & Fixings
14.1 Equipment is quoted for standard in-ground installation unless otherwise specified.
14.2 Alternative fixing methods (e.g., base plates) must be specified at quotation stage and may incur additional cost.
15. Stainless Steel Specification
15.1 All stainless steel components are quoted as Grade 304 unless otherwise specified.
15.2 For marine or coastal environments, Grade 316 stainless steel is recommended due to increased corrosion resistance.
15.3 It is the Purchaser’s responsibility to specify Grade 316 where required.
16. Buyer Responsibilities
16.1 The Purchaser is responsible for verifying that all products, quantities, specifications, and finishes are correct prior to order confirmation.
16.2 Where project requirements are governed by third-party contracts or tender specifications, the Purchaser must notify Duncan & Grove of any additional obligations prior to quotation.
16.3 Duncan & Grove shall not be bound by third-party conditions unless expressly agreed in writing.
17. Limitation of Liability
17.1 Duncan & Grove’s total liability arising under or in connection with the contract shall not exceed the contract value.
17.2 Duncan & Grove shall not be liable for:
Loss of profit
Loss of revenue
Loss of business
Liquidated damages
Indirect or consequential loss
17.3 Nothing in these terms shall limit liability for death or personal injury caused by negligence or for fraud.
