These Conditions of Sale form part of a contract between you (the "client")
and us ("DBestGroups"). These terms and conditions are to prevail unless specifically altered in writing between the client and DBestGroups .
The contract between the client and DBestGroups is formed by these Conditions of Sale of Goods and/or Supply of Services, the Quotation and any other
written matter signed and accepted at the time of signing of the Quotation (the "Contract").
In these Conditions the following definitions apply:
"Business Day" means a day, other than Saturday, Sunday and public holidays, when banks generally are open for nonautomated business in the Republic of Ireland
"Conditions" means the terms and conditions set out in this document;
"The Contract" means the quotation from the DBestGroups, setting out the Contract duration (where applicable),
payments due and details of the goods and services to be provided and a written acceptance from the Client.
"The Client" means the business, organisation or individual agreeing to the price, job specs or to the Contract.
"The DBestGroups" means DBestGroups incorporating DBest Window and Door Repair, WoodEver Carpentry and DBest Decorating and Maintenance,
DBest Repairs & Maintenance, Unit 7 Heatherview Business Park, Longford and/or any of its nominated partner or services providing services under the Contract.
"Goods" means any materials supplied by the DBestGroups under the Contract.
"Services" means any services, labour, time, sub-contractors services, time or consideration provided by DBestGroups under the Contract
"Payments" means the agreement between the DBestGroups and the client for the sale and purchase of Products and/or Services incorporating these Conditions;
"Order" means an order for the Products and/or Services from the DBestGroups accepted by the DBestGroups on the DBestGroups's order documentation prevailing at the time of acceptance and shall include job cards;
"Delivery/Job Location" means the address where the Products and/or Services as set out in the Order;
Call Out Fees
DBestGroups charge a call out fee of €50.00 in respect of ALL call outs which are requested by the client or prospective client. This fee is deducted from your final bill/contract/fee
Standard payment terms for all bespoke or custom orders, including glass, glazing, doors, windows, woodever carpentry, door panels, home decor fabrics, paint or wallpapers, are as follows:
Initial Payment: 50% of Agreed Price to be paid at the time of ordering;
Final Payment: 50% of Agreed Price (or such lesser sum as may be appropriate in the event a Settlement Discount is applicable)
on completion of agreed works.
N.B Interest will accrue on all unpaid amounts from 10 days after such payments become due and payable at the rate of 3% above the base rate as it may be from time to time of Bank of Ireland or 5%, whichever is the greater.
For the avoidance of doubt NO property or title in any goods, items or things supplied, delivered, fitted or otherwise provided by the DBestGroups to the client
transfers from the DBestGroups to the client until payment in full has been received by the DBestGroups .
The client is entitled to cancel this contract (fitting of new doors and/or windows ONLY) in writing for any reason within seven days of the date on which the contract was signed (the "7 day period"),
in which event any amount prepaid will be refunded (unless the 7 day contract notice period is waived in writing by the client) provided
DBestGroups has not incurred any liability in respect of the order.
If any liability to any party, to include any third parties, has been incurred then any amount prepaid may be used by DBestGroups without further recourse to discharge such liability.
After the expiration of the 7 day period, cancellation by the client is not possible.
Orders will not be processed until written or electronic (sms, email or messenger) acceptance of our quotation and terms have been received.
Quotations are valid for 10 Days.
The DBestGroups will provide you with an estimated delivery/installation date.
Where a site survey is required and this has been stated on the initial quotation,
we reserve the right to adjust our charges accordingly following site survey.
The Client shall grant the DBestGroups representatives access to the premises at all reasonable times for the purpose of taking measurements, carrying out the works forming the subject of the Contract and for any subsequent remedial work/repairs if necessary.
Representatives and showroom samples and/or photographs are used to demonstrate a typical unit and its composition. No warranty is given that the unit supplied will conform precisely to the sample. Units will be measured by the DBestGroups appointed Surveyor for the purpose of manufacture and will be manufactured in the way considered suitable by DBestGroups and pursuant to the DBestGroups policy of continuous improvements to its products. It reserves the right to make any necessary modifications.
If the work specified is not completed within the delivery period quoted to the Client, the Client may serve written notice on the DBestGroups requiring that the work be completed within such reasonable period as the Client may specify (in general the DBestGroups would accept six weeks as being reasonable). If the work is not completed within such extended period the Client may cancel the uncompleted work covered by the Contract by the service of written notice to that effect on the DBestGroups.
Installation dates provided by DBestGroups are given in good faith but without obligation. DBestGroups will endeavour to meet installation dates, but will not be liable for any loss or damage or other prejudice suffered by the customer, howsoever arising, as a result in any delay in installation.
Title of Goods
Legal title to the goods does not pass to the Client until all sums due to the DBestGroups by the
Client have been received in full (or if applicable) cleared at the DBestGroups bank.
The DBestGroups shall have the right, without incurring liability, to enter the Client's premises and take possession of any goods supplied for which payment has not been received. The Client will allow the DBestGroups free access to the goods. This right does not prejudice any other legal rights or remedies available to the DBestGroups.
Installation & Access
All existing frames, sheds, canopies, frames, windows or any items which are required to be removed prior to the new work undertaken by DBestGroups must be removed by the client prior to the arrival of DBestGroups workmen on site.
Failure to remove any/all existing structures required for completion of the new works will result in €40.00 per hour man hours to remove the structure and this must be paid by the client.
Where DBestGroups undertakes to alter existing timber surrounds, the price is subject to these being found in sound condition at the time of installation.
Any remedial work required will be carried out at extra cost to the Customer.
Where any electric apparatus or appliance is to be fitted, DBestGroups is not responsible for connection to the electric supply or for any wiring up.
Where any plumbing apparatus or appliance is to be fitted, DBestGroups is not responsible for connection to the water/sewage supply or for any connecting up.
Where the DBestGroups are unable to carry out installation or delivery through error or fault on the Client's part,
DBestGroups reserve the right to charge for any reasonable costs incurred.
DBestGroups reserves the right to apply a waiting charge of €40.00 per man hour for every hour the DBestGroups staff are delayed on site due to the fault of the Client.
The DBestGroups will advise an estimated delivery/installation date and wherever possible will adhere as close as possible to this schedule. All delivery and installation dates quoted are estimates only, despite best efforts occasionally delays will occur. DBestGroups will not be liable for any delay or failure to deliver/install within such estimated timescales.
Late changes to the scheduled delivery/install date by the Client may result in increased costs to the DBestGroups who reserve the right to pass all reasonable costs onto the Client.
The Client should advise at the time of order if there are any special requirements to consider with the installation, these might include difficult access to the site or scheduled events for where the installation is to take place.
Should the Client require the names of the installation team and/or the vehicle registration, please advise this in writing at the time of order.
Any special parking requirements/restrictions or loading/unloading areas should also be advised in writing at the time of order.
Where DBestGroups undertakes contracts for WoodEver carpentry, window or door replacement, conservatory replacement, the price generally includes for, if deemed necessary by us, the making good to reveals immediately adjacent to the perimeter of the window/door, lead flashings, etc., but does not include for redecorating inside or out, nor for replacing any tiles damaged during the work.
DBestGroups may charge extra to the contract sum for any additional work not foreseeable at the time of the survey. DBestGroups are NOT responsible for the removal of any site rubble or building materials from the site.
It is the Customer's responsibility to make application for planning or other regulatory or legal approvals for permission to undertake any work that may require approval, and DBestGroups cannot be held responsible for any consequential costs incurred by the customer if any such consent was not obtained.
DBestGroups shall not be liable for any delay in the completion of the work which arises from causes beyond the reasonable control of DBestGroups and in the event that time has been made the essence of the Contract, time shall not run during any period when delay on that account is operating and cancellation of any uncompleted work shall be without prejudice to the Client's liability to pay for such part of the work as has been completed.
Where the DBestGroups has carried out production in accordance with proposed delivery/installation/collection instructions and the client subsequently delays delivery/installation/collection, the DBestGroups reserves the right to raise an invoice for the value of the work completed and for the storage costs.
DBestGroups guarantees the price of the Contract for 14 days. Should installation have not commenced within this period for reasons beyond the DBestGroups's control, then the Client shall be responsible for any subsequent price increase at the date of installation.
Installation teams will require an Installation Docket to be signed by the Client, in doing so the Client is acknowledging receipt of the goods in good condition and working order. Should the Client feel that this is not the case they should indicate this on the docket allowing the DBestGroups in the first instance the opportunity to rectify.
No verbal conditions or promises except those stated in the Contract shall be recognised.
All terms of the Contract between the DBestGroups and the Client are contained in the Contract.
No variation of or additions to the work specified shall have effect unless agreed in writing under the signature of a duly authorised representative of the DBestGroups.
Working on customers own structures/frames/materials/goods
Whenever DBestGroups is instructed to work on a Customer's own glass/structures/frames/materials/goods, it accepts no responsibility whatsoever for breakage of the glass/structures/frames/materials/goods while working on these materials. This work is done entirely at the Customer's own risk and DBestGroups expressly excludes all liabilities for replacing any damaged materials which the Customer accepts.
Where DBestGroups undertakes to alter existing timber, door, frames, windows, the price is subject to these being found in sound condition at the time of installation.
Any remedial work required will be carried out at extra cost to the Client.
DBestGroups may unilaterally cancel this contract if in its Surveyor's opinion that existing lintels, door frames, exteriour walls, ground i.e. concrete, paving slabs etc or any of the supports are of insufficient span or lacking in strength; or internal or external access is inadequate for the purpose of installation; or the proposed specification infringes By-Laws or statutory or other regulations; or aperture details are not suitable for the proposed work.
In any event the DBestGroups may accept or reject the order at the time it is placed and/or at the time it is surveyed if later.
Liability and Guarantees
Should the Client feel that the goods installed/delivered has not met their expectation, the Client must notify the DBestGroups within 2 days of installation, giving the DBestGroups the opportunity to assess and rectify the matter should we concur that it does not meet our high standards and/or industry standards.
The Client shall not be entitled to withhold payment by reason of any alleged defect.
The DBestGroups will investigate any such defect after payment in full of the balance upon completion.
Where payment is not made on the due date in accordance with these conditions the DBestGroups shall have the right to require payment of interest on the outstanding amount at the rate of 2% per month from the due date until the date of actual payment.
The DBestGroups will retain title to the goods supplied and installed until such time as full payment is made.
The DBestGroups guarantees the price of the Contract for 14 days. Should installation have not commenced within this period for reasons beyond the DBestGroups control, then the Client will be responsible for any subsequent price increase at the date of installation.
For installations, the DBestGroups expects that all surrounding plaster, rendering and flooring is in good order we will endeavour to make good any minor chips to internal plaster reveals immediately surrounding any shed, gazebo, lean-to, patio or structure is fitted, or window or door installed.
DBestGroups will not be responsible for providing matching ceramic or other tiles or specialized finishes such as Tyrolean or pebble dash, red brick, render, plaster finish or for making good wallpaper, paint, loose plaster, render, flooring or tiling, concrete slabs, concrete yards, wall, floors or roof tiles. Unless otherwise specified in writing.
DBestGroups does not undertake the re-siting of any gas, electrical, wiring, plumbing or telephone installations. Suitable arrangements should be made by the Client for any such works to be carried out prior to commencement of the work required under the terms of the Contract.
The DBestGroups accepts no responsibility for any damage resulting from structural or other defects in the property at which the installation is carried out but any complaint or claim by the Client for compensation for damage done by the DBestGroups for which it may be liable under these terms and conditions must be made in writing to reach the DBestGroups within 7 days of installation in default of which the DBestGroups will accept no liability thereof..
All glass used is the best available, but glass merchants will not give a guarantee covering minor imperfections or shade variations and consequently the DBestGroups cannot be held responsible for any such imperfections or shade variations outside of the industry standard.
The Client should inform the DBestGroups of any defects or imperfections in glass installed by the DBestGroups within 48 hours.
All UPVC and aluminium windows and doors supplied and fitted by the DBestGroups have a 10 year guarantee against the UPVC and aluminium discolouring, cracking or splitting and the glass misting up/breaking down.
All UPVC and aluminium windows and doors will be certificated only when supplied and fitted by the DBestGroups.
Double glazed sealed units, supplied and fitted by the DBestGroups into clients own existing UPVC, aluminium and wooden frames have a 5 year guarantee against the glass misting up/breaking down subject to correct maintenance and operation by the Client.
All ironmongery has a 12 month guarantee subject to correct use and operation by the Client.
All processed glass ie: mirrors, table top glass, shower screens, counter glass and glass balustrades is supplied and/or supplied and fitted to current industry standards. On Supplied and Fitted Glass, any defects must be reported by the Client to the DBestGroups within 48 hours.
The DBestGroups accepts no liability in respect of the following:
▶ The damage during or after the installation of the customers own doors windows frames or any materials.
▶ The quality of ANY materials Supplied by the Client
▶ Damage caused by misuse, forcing of handles, impact or adjustments made by unqualified persons.
▶ The failure of the installation to reduce or eliminate fogging, misting or condensation.
▶ Damage caused by paint, stickers, tape, solvents or unsuitable cleaning products.
▶ Damage resulting from subsidence due to soil shrinkage, failure of footings, subsidence, underground or mine workings.
▶ The DBestGroups cannot be held responsible for shrinkage or superficial cracking of new plasterwork; this is normal and should be decorated by the Client as required.
In order for any claim to be made under the Guarantee:
▶ any claim arising from a defect in materials or workmanship must be made in writing to DBestGroups within 28 days of the defect becoming apparent, failing which no claim under the Guarantee can be made;
▶ unless cleaning and maintenance of our products is regularly undertaken the Guarantee will cease; and
▶ in the event of any claim against DBestGroups under the Guarantee, the burden of proof that adequate and regular maintenance has been undertaken rests with the Client,
▶ and in the event of any claim made and accepted under the Guarantee,
DBestGroups will be liable only to replace such defective product, or part of product, as there may be but will NOT be liable for any consequential or other loss and/or damage caused by the failure, or deficient performance, of a guaranteed product.
No guarantee is given that any of the products is visually perfect. All products supplied by DBestGroups may contain minor visual imperfections.
DBestGroups gives no guarantee to eliminate or reduce condensation either on framing, exposed surfaces of glass or surrounding surfaces.
DBestGroups guarantee for sealed double glazing units does, however, specifically undertake to eliminate condensation in the cavity between the panes of glass for the period of guarantee.
Wherever DBestGroups installs any of its products to pre-existing plinths, sills, walls, pillars overhangs and/or roofs,
it specifically excludes any responsibility whatsoever for the behaviour or performance of these pre-existing surfaces after the installation of DBestGroups products have been completed. The behaviour or performance of surfaces might include the manifestation of damp, condensation or any surfaces' deterioration.
The Client is advised to ensure that any representation or promise made before or at the time of signature to the contract not included in the printed form on the contract is added in writing on the face of or to the contract and signed by the Customer and DBestGroups or its agent.
In this way there is no doubt as to the terms of the Contract which forms the whole contract between the parties irrespective of any oral or other representations made prior to the Contract.
Anodised finishes, and synthetic powder-coated finishes, on aluminium, and uPVC products, are available in a range of colours.
DBestGroups cannot and does not guarantee an exact colour match between all components, but it undertakes to provide colour matching.
Commercial Payment Terms
Payment for Commercial Contracts will hold a maximum of 30 days to pay the full amount
Payment shall be by way of cash, cheque, bank transfer or debit card. Payment by credit card will be subject to a 2.5% surcharge.
Invoices will be produced and sent out electronically wherever possible.
Should you require the invoice to be sent directly to your Accounts Department please advise the correct contact name, email address and telephone number at the time of ordering.
In the event that there are late payments owing to the DBestGroups, the DBestGroups reserve the right to charge interest at the rate of 2% per month above the
Bank of Ireland base rate prevailing at the time of the outstanding balance. If interest is so charged it will form part of the outstanding debt due to the DBestGroups.
The DBestGroups reserves the right to cancel any order by refunding all monies paid upon receipt of an unsatisfactory survey report or
any delays over four weeks from DBestGroups Suppliers or manufacturers.
The Client is unable to cancel a Supply Only order once placed and the DBestGroups is not liable to refund any monies paid.
The DBestGroups are obliged to provide a 7 day cooling off period for Supply and Fit orders, within which the Client is able to cancel their order and receive a full refund unless the Client has signed a waive agreement negating the 7 day cooling off period.
Cancellation must be effected by giving written notice to the DBestGroups.
Should cancellation be accepted within the cooling off period then 10% of the total contract price may be chargeable to the Client to cover administration costs.
These terms and conditions shall not be construed as to affect the statutory or common law rights of the Client
The Contract shall be governed by, and construed in accordance with, the laws of the Republic of Ireland.
The Customer irrevocably agrees, for the benefit of DBestGroups, that the courts of the Republic of Ireland shall have jurisdiction to hear and determine any dispute or proceeding and, for such purposes, irrevocably submits to the jurisdiction of the Irish courts.
The submission to the jurisdiction of such courts shall not (and shall not be construed so as to) limit the right of DBestGroups to take proceedings against the Customer in any other court of competent jurisdiction nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdiction, whether concurrently or not.