Delivery Information

Titan / Kingspan Returns

Kingspan’s restocking policy is charged at 40% of the tanks value, therefore a refund will equate to 60% of the value paid for the tank (unless the incorrect tank was delivered or incurred damage before delivery).

Tuffa Returns

The Customer can only cancel an order (or part of an order) which has already been accepted, if it has obtained the Company’s prior agreement in writing.  The Company is not  bound  to agree to any such cancellation and may complete such order even if the Customer purports to cancel it, in which case the price for the Goods will be due and payable in accordance with these Conditions.  The Company will not agree to the cancellation of any Contract for Goods which are made to the Customer’s own specification.

If the Company agrees that the Customer may cancel an order, the Company may charge the Customer a restocking fee of such amount as is notified to the Customer at the time of cancellation.

Tuffa Delivery Policy

5.1 Unless otherwise agreed in writing by the Company, delivery of the Goods shall take place Ex Works at the Company’s place of business in normal business hours and the Customer shall be responsible for collecting the Goods from the Company’s place of business.

5.2 Subject to condition 5.3, the Customer shall take delivery of the Goods within 7 days of the Company giving it notice that the Goods are ready for delivery.

5.3 If, by virtue of condition 5.1 above, the Company agrees to deliver the Goods to the Customer’s place of business or to such other agreed delivery location, the Customer shall take delivery of the Goods as soon as the Goods have arrived at the Customer’s place of business or such other agreed location.

5.4 Any dates specified by the Company for delivery of the Goods are intended to be an estimate and time for delivery shall not be made of the essence by notice. If no dates are so specified, delivery shall be within a reasonable time.

5.5 Subject to the other provisions of these Conditions the Company shall not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods (even if caused by the Company’s negligence), nor shall any delay entitle the Customer to terminate or rescind the Contract unless such delay exceeds 60 days.

5.6 If for any reason the Customer fails to accept delivery of any of the Goods when they are ready for delivery, or the Company is unable to deliver the Goods on time because the Customer has not provided appropriate instructions, documents, licences or authorisations:
(a) risk in the Goods shall pass to the Customer (including for loss or damage caused by the Company’s negligence);
(b) the Goods shall be deemed to have been delivered; and
(c) the Company may store the Goods until delivery, whereupon the Customer shall be liable for all related costs and expenses (including, without limitation, storage and insurance).

5.7 If the Company delivers to the Customer a quantity of Goods of up to 5% more or less than the quantity accepted by the Company, the Customer shall not be entitled to object to or reject the Goods or any of them by reason of the surplus or shortfall and shall pay for such goods at the pro rata Contract rate.

5.8 The Company may deliver the Goods by separate instalments. Each separate instalment shall be invoiced and paid for in accordance with the provisions of the Contract.

5.9 Each instalment shall be a separate Contract and no cancellation or termination of any one Contract relating to an instalment shall entitle the Customer to repudiate or cancel any other Contract or instalment.

5.10 The quantity of any consignment of Goods as recorded by the Company upon despatch from the Company’s place of business shall be conclusive evidence of the quantity received by the Customer on delivery unless the Customer can provide conclusive evidence proving the contrary.

5.11 The Customer must count the Goods on receipt and check for damage on receipt and notify any shortages or damage on the delivery note or collection note at the time of delivery. The Company shall not be liable for any non-delivery of the Goods (even if caused by the Company’s negligence) unless the Customer gives written notice to the Company of the non delivery within 48 hours of the date when the Goods would in the ordinary course of events have been received.

5.12 Any liability of the Company for non-delivery of the Goods, shortages or damaged Goods shall be limited to replacing the Goods within a reasonable time or issuing a credit note at the pro rata Contract rate against any invoice raised for such Goods.

5.13 The Customer must comply with the following:
(a) any shortages, discrepancies or damage which would have been obvious on delivery must be notified on the delivery note or collection note, and confirmed in writing to the Company within 72 hours;
(b) any defect or other failure of the Goods to conform with the Contract (which would be apparent upon reasonable inspection and testing of the Goods within 14 days) must be notified to the Company in writing within 14 days of the date of delivery or collection of the Goods;
(c) any defect or other failure of the Goods to conform with the Contract which would not be apparent within 14 days of the date of delivery or collection must be notified to the Company within 7 days of the day the Customer discovers, or ought to have discovered, the defect.

5.14 If the Customer fails to comply with condition 5.13 above the Customer shall be deemed to have accepted the Goods as being in accordance with the Contract and shall not be entitled to reject the Goods, the Company shall have no liability for any such defect or failure and the Customer shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract.

5.15 If the Company or its carrier is transporting the Goods the Company will deliver them to the Delivery Address. The Customer will ensure that adequate means of access are available and will provide all necessary facilities at the Delivery Address for unloading the Goods and will indemnify the Company from and against the indemnified Matters under or in respect of access and unloading operations. 5.16 In the event of adverse weather conditions, site restriction or access or hold up by the Customer/end user whereby off loading facilities arranged cannot be carried out, the Company will not be liable for such charges or re-charges which will be the responsibility of the Customer/end user.