Terms and Conditions of Business

Interpretation In these Conditions

‘CLIENT’ means the person named on the Quotation for whom Windridge Coatings has agreed to provide the Specified Service in accordance with these Conditions.
‘CONTRACT’ means the contract for the provision of the Specified Service.
‘INFORMATION’ means any document map, plan, graph, drawing or photograph or other materials, and any data or other information provided by the Client relating to the Specified Service.
‘QUOTATION’ means the specification sheet to which these Conditions are appended.
‘SPECIFIED SERVICE’ means the service to be provided by Windridge Coatings for the Client and referred to in the Quotation.
‘WINDRIDGE COATINGS’ means Windridge Coatings Interiors Limited (Company registration number: 3182385) of Dane Valley Road St. Peters Broadstairs Kent CT10 3JJ.
‘WINDRIDGE COATINGS’S CHARGES’ means the charges shown in Windridge Coatings’s Quotation relating to the Specified Service from time to time.
WARRANTY extends up to one year.
EXTENDED warranty or extends for beyond one year to the specified duration.

The headings in these Conditions are for convenience only and shall not affect their interpretation.

Supply of the Specified Service

1. Windridge Coatings shall provide the Specified Service to the Client subject to these Conditions.

2. The Contract is made at the time Windridge Coatings receives from the client written acceptance of the Quotation.

3. Any changes or additions to the Specified Service or these Conditions must be agreed in writing by Windridge Coatings and the Client. Windridge Coatings will prepare costs reports at intervals agreed with the Client which will specify any agreed changes and the price for them as the case may be.

4. The Client shall at its own expense supply Windridge Coatings with all necessary information relating to the Specified Service, within sufficient time to enable Windridge Coatings to provide the Specified Service in accordance with the Contract. The Client shall ensure the accuracy of all information.

5. The Client shall at its own expense retain duplicate copies of all Information and insure against its accidental loss or damage. Windridge Coatings shall have no liability for any such loss or damage, however, caused.

6. The Specified Service shall be provided in accordance with the Quotation (as amended by any costs reports, if appropriate and agreed), subject to these Conditions.

7. Windridge Coatings may correct any typographical or other errors or omissions in any brochure, promotional literature, Quotation, or other document relating to the provision of the Specified Service without any liability to the Client.

8. Windridge Coatings may at any time without notifying the Client make any changes to the Specified Service which are necessary to comply with any applicable safety or other statutory requirements, or which do not materially affect the nature or quality of the Specified Service.

9. On completion of the Specified Service, Windridge Coatings will notify the Client and the Client will be invited to inspect the works.

10. Windridge Coatings undertakes that it will make good any incomplete or defective works, provided that;

(a) A snagging list has been provided in writing to Windridge Coatings within 5 days of the Client's inspection;

(b) Such defects are found to Windridge Coatings's satisfaction to have arisen solely from faulty workmanship or materials supplied by Windridge Coatings.

This remedy is without prejudice to the other terms of this contract.

11. If site work is required.

To enable Windridge Coatings to perform its obligations under this contract the Client shall;

(a) Provide Windridge Coatings promptly with all information reasonably required by Windridge Coatings;

(b) Provide suitable working space and facilities;

(d) Ensure that the Client's property is at all times insured; and

(e) Notify their insurers that Windridge Coatings are on-site during provision of the Specified Service.

Charges

12. Subject to any special terms agreed, the Client shall pay Windridge Coatings’s Charges and any additional sums which are agreed between Windridge Coatings and the Client for the provision of the Specified Service or which, in Windridge Coatings’s sole discretion, are required as a result of the Client’s instructions or lack of instructions, the inaccuracy of any Information or any other cause attributable to the Client.

13. Quotations issued by Windridge Coatings shall be maintained for three months. If the work delivered for processing varies from the quotation given, Windridge Coatings will vary its charge accordingly.

14. All charges quoted to the Client for the provision of the Specified Service are exclusive of any Value Added Tax, for which the Client shall be additionally liable at the applicable rate from time to time.

15. Payment of the Charges will be in accordance with the table headed “Charges” on the Quotation and may include stage payments throughout the provision of the Specified Service.

16. If stage payments are specified, then the Client must pay each payment to Windridge Coatings within 5 days of the agreed date.

17. Windridge Coatings’s Charges (where stage payments have not been agreed) and any additional sums payable shall unless otherwise agreed in writing, be paid by the Client (together with any applicable Value Added Tax, and without any set-off or other deduction) within 21 days of the date of Windridge Coatings’s invoice.

18. Payments are due within 30 days of invoice unless by prior arrangement and agreed by Windridge Coatings. If payment is not made on the due date, Windridge Coatings shall be entitled, without limiting any other rights it may have, to:

(a) require payment of any outstanding sums, and require payment in advance of any further work to be carried out in relation to the Specified Service;

(b) discontinue the Specified Service with immediate effect;

(d) terminate the contract.

19. For the avoidance of doubt, if Windridge Coatings is required to provide the Specified Service at overseas locations, the Charges will be paid in pounds sterling and UK rates of VAT will apply.

Rights in Information

20. The Client warrants that any Information and its use by Windridge Coatings for the purpose of providing the Specified Service will not infringe the copyright or other rights of any third party and the Client shall indemnify Windridge Coatings against any loss, damages, costs, expenses or other claims arising from any such infringement.

Warranties and Liability

Windridge Coatings warrants to the Client that the Specified Service will be provided using reasonable care and skill and, as far as reasonably possible, in accordance with the specification described on the Quotation and at the intervals and within the times referred to in the Quotation. Where Windridge Coatings supplies in connection with the provision of the Specified Service any goods supplied by a third party, Windridge Coatings does not give any warranty or extended warranty, guarantee or other term as to their quality, fitness for purpose or otherwise, but shall, where possible, assign to the Client the benefit of any warranty or extended warranty, guarantee or indemnity given by the person supplying the goods to Windridge Coatings.

21. If the Client sources their own goods or materials, the Client takes sole responsibility for ensuring that those goods or materials are suitable for the purpose and the Client bears the sole risk if those goods or materials are defective.

22. Windridge Coatings shall have no liability to the Client for any loss, damage, costs, expenses or other claims for compensation arising from any information or instructions supplied by the Client which are incomplete, incorrect, inaccurate, illegible, out of sequence or in the wrong form, or arising from their late arrival or non-arrival, or any other fault of the Client.

24. Except in respect of death or personal injury caused by Windridge Coatings’s negligence, or as expressly provided in these Conditions, Windridge Coatings shall not be liable to the Client by reason of any representation (unless fraudulent), or any implied extended warranty, condition or other term, or any duty at common law, or under the express terms of the contract, for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of Windridge Coatings, its servants or agents or otherwise) which arise out of or in connection with the provision of the Specified Service or their use by the Client, and the entire liability of Windridge Coatings under or in connection with the Contract shall not exceed the amount of Windridge Coatings’s charges for the provision of the Specified Service, except as expressly provided in these Conditions.

25. Windridge Coatings shall not be liable to the Client or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of Windridge Coatings’s obligations in relation to the Specified Service, if the delay or failure was due to any cause beyond Windridge Coatings’s reasonable control.

Termination

26. The Client shall be entitled to terminate the Contract at any time prior to commencement of the Specified Service by giving not less than one months’ prior written notice to Windridge Coatings. If the Client terminates the Contract under this condition, Windridge Coatings shall be entitled to claim, and the Client shall pay, all costs and expenses (on a full indemnity basis) which have been properly incurred by Windridge Coatings up to the date of receipt of the notice.

27. Either party may (without limiting any other remedy) at any time terminate the Contract by giving written notice to the other if the other commits any breach of these Conditions and (if capable of remedy) fails to remedy the breach within 30 days after being required by written notice to do so, or if the other goes into liquidation, or (in the case of an individual or firm) becomes bankrupt, makes a voluntary arrangement with his or its creditors or has a receiver or administrator appointed.

General

28. These Conditions (together with the terms, if any, set out in the Quotation) constitute the entire agreement between the parties, supersede any previous agreement or understanding and may not be varied except in writing between the parties. All other terms and conditions, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.

29. Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed to the other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.

30. No failure or delay by either party in exercising any of its rights under the Contract shall be deemed to be a waiver of that right, and no waiver by either party of any breach of the Contract by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.

31. If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.

32. Any dispute arising under or in connection with these Conditions or the provision of the Specified Service shall be referred to arbitration by a single arbitrator appointed by agreement.

33. English law shall apply to the Contract, and the parties agree to submit to the non-exclusive jurisdiction of the English courts.

Terms for Estimating and Quoting

1a. A customer enquiry can be made verbally in person or by phone, fax, post or by e-mail, but a written purchase order must be supplied before the commencement of work to avoid misinterpretation of instructions. A quotation from Windridge Coatings will include a description of the components, detailing approximate sizes, quantity and an outline of the job painting specifications.

It is for the customer to examine the details of the quotation and be satisfied:

1b. We have made the correct interpretation of the enquiry,

1c. With the paint specification suggested.

A surcharge may be made if the job is different from the quotation.

Quotations are returned to the customer by email or fax.

Prices

2a. All prices for quotations will be maintained for 3 months; longer periods can be arranged, by prior agreement.

Surcharges are occasionally made; see galvanising, colour, quoting.

Purchase Orders

3a. Windridge Coatings requires a purchase order for every job. This does not need to be a typed document. The information we require is:

3b. Who the job is from.

3c. General description, (this can be a sketch or a drawing,) detailing whether it is for an internal or external environment.

3d. Colour (stating a RAL/BS number, not the name of the colour).

3e. The Windridge Coatings quotation number, if one has been allocated.

Terms and conditions for Specified Service / Powder Coating.

Windridge Coatings can offer an extended 2 to 20 year extended warranty by pre-arrangement. All other projects are warranted for one year.

A 10 year extended warranty is the standard length for powder coating directly onto steel for the European market.

The extended warranty period does not suggest the end of the paint finishes useful life. Depending on the aggressiveness of the environment and a maintained cleaning schedule, the useful paint life can be twice or more then the period warranted.

Extended warranties are by pre-arrangement.

Purchase Order

1a. A written purchase order must be supplied before the commencement of work giving clear instructions of the project. Information is to include:

1b. Name of the contractor.

1c. General description, (this can be a sketch or engineering drawings).

1d. Type of environment, (inland, marine heavy industrial or traffic).

1e. Colour (stating a RAL/BS number, not the name of the colour).

Responsibilities of manufacturer, applicator and end-user of powder-coated components.

2a. WINDRIDGE COATINGS LIMITED confirms that the architectural grade polyester powders used fully meet the provisions of DIN EN 12933 part 6 or are Qualicoat approved. It is suitable for application onto steel, aluminium and galvanised steel, for sheet, profiles and extrusions.

Windridge Coatings Limited warrants that, subject to the following terms and conditions, the cured coating will remain in good condition for a period of (to be agreed at the time of contract) commencing from when the paint was applied. The duration of the extended warranty shall neither be interrupted nor extended by the rectification of faults, reworking or indemnification.

Components fit for painting

3a. The component design must be suitable for powder coating.

3b. It is for the fabricator/designer to familiarise himself with appropriate and inappropriate methods of fabricating components suitable for painting in external hostile environments.

3c. It is not for Windridge Coatings Ltd to approve or reject the quality of fabrication and design, for it’s suitability for coating. Windridge Coatings will endeavour to bring to the fabricators’ attention any design or fabrication concerns prior to painting, but does not accept responsibility for anticipating every design or fabrication area vulnerable to corrosion.

Corrosion or paint breakdown, which is the result of areas or conditions unsuitable for painting will be excluded from the extended warranty.

Situations that should be avoided

Following are some, but not conclusive examples, of situations that should be avoided:

3d. There must be no sharp edges left from cutting including sheering, high-pressure water, laser cutting or fabricating.

3e. Welds must be smooth, ground if required. There must be no porosity within the weld fillet.

3f. Folded returns should be avoided as inside these areas cannot be painted and may trap water.

3g. Doors should be supplied separately, so there is good access for painting on the door and frame.

3h. Water traps must be avoided.

3i. Flat areas should not be secured together making these areas inaccessible for painting, allowing moisture or water to be ‘sandwiched’.

3j. Where two components are not fully welded together, allowing water to ingress where paint cannot be applied.

3k. Components that have been laser cut must be bought to our attention so that special procedures can take place to remove its scale.

3l. The use of resin fillers must not be used as many cause problem at high temperatures.

3l. The use of cutting pastes and other contaminating substances should be avoided or they must be removed from the component prior to delivery.

3m. Anti spatter or other solutions containing silicon must not be used as they react with powder coating.

3n. Where folding is too sharp the metal can produce stress cracks, these can be difficult to seal with a paint making them vulnerable to corrosion.

3o. Further examples are given in “Limitation of liability”.

3p. Protective polythene film should be removed from aluminium prior to welding, drilling and grinding, as it will melt into the scratches left by the machining.

We are happy to give more written or verbal explanations for the above if required.

Component preparation prior to painting

4a. Self-colour mild steel and Aluminium

Windridge Coatings will prepare the components for painting, but will not finish its manufacture. It is the responsibility of the fabricator to remove fabrication marks i.e. creases left by break press, deep fabrication scratches, grinding smooth welds, removing weld spatter, rounding off sharp guillotine edges.

4b. Galvanised material

Powder coating over galvanised steel is rarely as smooth and blemish-free as painting over blasted steel. Windridge Coatings will fettle the galvanise and endeavour to remove the worst of the lumps, clinker, spikes and any other unsightly marks produced by the galvanizing process. This does not include the build-up over welded areas unless specifically requested.

4c. Some of the components are large and complex in shape and have a galvanised pattern or grain covering the whole surface; we cannot guarantee that every blemish will be removed. If this is a requirement then the component should be fettled before it arrives for painting.

4d. Galvanised material is frequently delivered damaged from transit or through rough handling. This can result in the zinc being removed by chipping. In such cases, we will attempt to smoothen the jagged edges by grinding. During the heating of the painting process, these edges can reappear due to the different rates of expansion between steel and zinc. There may be visible signs of the original galvanise damage after painting.

4e. It should be considered, that by removing all of the blemishes, and making the galvanise coating perfectly smooth; much of the zinc will also be removed. This will be detrimental for the galvanic protection of the steel. For this reason, Windridge Coatings will not grind the galvanised surface totally smooth.

Paint application and specifications

5a. As new materials and techniques become available, we reserve the right to alter our methods of application and materials to improve the specification even after a quotation is submitted.

Limitation of liability

6a. Liability only extends to the painting carried out by Windridge Coatings. It does not extend to other expenses incurred due to removal, temporary support structures, barriers, or costs due to inconvenience caused.

6b. Save where Windridge Coatings Ltd has failed to exercise reasonable care of the powder coating shall the product be liable in any circumstances for death or personal injury.

6c. Under no circumstances what so ever shall powder coating applied by Windridge Coatings be liable for consequential and indirect loss or loss of profits.

6d. Windridge Coatings shall not be liable for powder coatings it has been instructed to apply against its approval. This will include texture finishes including hammer finishes, polyester powder coatings supplied at a gloss level below 20% other than class 3 powders.

6e. It is at the discretion of Windridge Coatings to carry out remedial work to areas of corrosion or other defects that collectively add up to less than 5% of the total coated area.

Fair wear and tear

7a. Where remedial work has been agreed due to coating failure attributable to Windridge Coatings Limited: Windridge Coatings under the terms of the extended warranty will undertake or a contractor they organise the remedial work in situ. To reflect fair wear and tear the following sliding scale of time versus liability will be used:

10 year Limited Extended warranty

Painted – 12months 100% paid for by Windridge Coatings

1st - 2nd year 90 %

3rd year 75 %

4th year 60 %

5th year 35 %

6th - 8th year 25 %

9th - 10th year 10 %

7b. Windridge Coatings shall decide on the adequacy of remedial work.

7c. Should the customer choose to undertake repairs and maintenance without the consent of Windridge Coatings these areas will be excluded from the warranty and extended warranty. (See our maintenance information sheet).

7d. Under no circumstances will Windridge Coatings be liable for work carried out by any other party for remedial work unless consented to in writing prior to work commencing.

Exclusions of warranty and extended warranty

Windridge Coatings Ltd shall incur no liability for its painting if one or more of the following circumstances apply:

8e. Where failure is due to causes such as, but not limited to: impact, abrasion, mechanical damage, neglect, or malicious damage.

8f. Where damage has arisen due to improper storage of the components prior to or during fixing (i.e. stored in wet conditions with wrapping, not allowing the component to dry).

8g. Damage arising from improper cleaning and maintenance on coated surfaces.

8h. In the event, the product to which our powder coating is applied is regularly exposed to heat in excess of 80 degrees Celsius.

8i. Where failure is due to being within five hundred metres of the sea, or due to influence of acid, alkali, industrial or other aggressive emission sources, which are known, or believed to be damaging to thermosetting powder coatings. (Unless special provisions have been made).

8j. Where the coating failure is due to the use of adhesive tapes, sealants, mastics or other powder coating reactive substances..

8k. Where the components’ environment humidity exceeds 80%, for 60% of the time, or a combination that amount to the same humidity exposure thereof.

8l. Where the failure of the powder coating is attributable to the inappropriate design of the component, i.e. water traps. This can include where flashings are secured against wood battening without allowing air to circulate between the two surfaces. See examples above at Components fit for painting. Section 3a.

8m. Where the failure of the powder coating is attributable to contamination introduced to the component during manufacture i.e. cutting fluids and lubricants, protective solutions.

8n. Where the failure of the powder coating is attributable to actions of the fabricator or other party after painting; this includes cutting, drilling or reworking without suitably sealing the metal.

8o. Where the frequency of the cleaning has been inadequate. The frequency of the cleaning depends on the environment in which the painting is used. For normal urban environments, the paintwork should be cleaned a minimum of every 12 months unless otherwise directed. Marine and areas of high industrial pollution should be cleaned every 3 months unless a special arrangement is in place. If the paint is exhibiting signs of corrosion the frequency of the cleaning is to be increased.

8p. When the cleaning agent has caused harm to the powder coating i.e. the cleaner is too abrasive or the solvent cleaner is too volatile and melts the paint.

8q. If the powder coating is greater than three stories in height.

8r. When notification in writing is not received by Windridge Coatings Ltd within 60 days of any failure of the paintwork becoming apparent so that remedial work does not escalate due to excessive corrosion.

Cleaning and maintenance

9a. Windridge Coatings Ltd requires proof that the warranted work is being maintained. They are to be informed in writing or email prior to commencement of cleaning, checking and maintenance of the coated surfaces so that the cleaning can be witnessed and assessed. The maintenance schedule is to be carried out every (Please refer to amendments table below).

9b The cleaning procedure is to be directed by competent personnel/company with a process approved by Windridge Coatings and IGP UK in writing.

9c. A record of cleaning must be made available when an extended warranty claim is made. If a record has not been kept of the cleaning and maintenance then no extended warranty claim will be accepted The cleaning schedule must reflect the hazards of the local environment.

9d. A log should be maintained of:

9e. Cleaning materials used.

9f. Dates of what was cleaned.

9g. Method of cleaning.

9h. Details of cleaning contractors to include contact details.

Remedial work

9i. Any rectification, repair of faults or damage to the powder coating will render those areas and up to one metre away invalidated by the extended warranty.

Powder

The Architectural powders by Windridge Coatings have been tested and are expected to perform to the following:

10a. 1,000 hours rapid weathering tests in compliance with EN ISO 11 331: 1996 for which the residual gloss should be at least 90% of the initial gloss level.

10b. In outdoor exposure tests (Florida climate, ISO Standard 2810, at 35° south) the residual gloss on the cleaned test sample should be at least 50% of the initial gloss level after 1 (one) year.

10c. The reduction of gloss exposed to even weathering shall be uniform over the coated surface.

Transport

11a. Windridge Coatings staff will assist with the loading of components on to a customer’s vehicle, we are happy to advise with safe loading, but the driver has the final responsibility for securing the load. Damage occurring on transit is not our responsibility. We will, however, accept responsibility if a load is heat shrunk in polythene and is damaged through vibrations where insufficient packing has been used.

Claim

12a. Any defect in the powder coating for which Windridge Coatings is responsible are to be reported in writing within 60 days of it becoming apparent so that remedial work does not escalate due to unnecessary corrosion.

12b. For a valid claim to be made, the customer shall prove to the reasonable satisfaction of Windridge Coatings Limited, that 5% or more of the total coated area of the project to which has been powder coated by Windridge Coatings has failed to provide sufficient protection to prevent corrosion. Where such failure is due to a defect or error in the formulation, manufacture or application of the powder coating.

12c. In the event that an agreement is not reached within 30 days either of the contractual parties may request one of the following companies or an alternative mutually approved company to act as an expert arbitrator. After inspecting the site and hearing the arguments of the parties involved the arbitrator shall objectively establish the causes of the defect and responsibilities for the rectification of the defect. The costs of the expert arbitrator shall be assessed by the arbitrator according to the degree of responsibility for these defects; if responsibility cannot be established the contractual parties shall each carry half of the costs.

IGP UK
Fromeforde House
Church Road
Yate, Bristol, BS37 5JB
Call 01454 800 020
email: enquiries@igpuk.com

I.P.C.S. House
Unit 14
Hedgend Ind Est
St. Nicholas at Wade
Kent
CT7 0NB Tel: 01843 845472
email: info@ipcsltd.co.uk

Akzo Nobel Powder Coatings Ltd
Stoneygate Lane
Felling
Tyne & Wear
NE10 0JY
Tel: 0191 3696111

12d. Windridge Coatings Ltd liability whether in respect of one claim or the aggregate claims, other than the claims for death or personal injury due to negligence on our part, shall not extend to the first £250 of any loss or damage suffered by reason of any failure of the coating.

12e. Other than the claims for death or personal injury due to negligence on the part of Windridge Coatings Ltd, liability due to loss or damage suffered by reason of any failure of the coating whether in respect of one claim or the aggregate of various claims shall not exceed 1.5 times the Windridge Coatings invoices value charged for the project application of the powder coating.

12f. Windridge Coatings Ltd liability shall only apply to the product the coating was applied and is within the shores of England.

12g. If any provision of this agreement is held to be invalid or unenforceable such provision shall be struck out with the remaining provisions remaining in force.

11h. The failure of Windridge Coatings to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such a right.

12i. Windridge Coatings liability shall be construed and interpreted in accordance with English Law and be subject to the jurisdiction of the English courts only.

Extended warranty

13g. A warranty or extended warranty will only come into effect and will only be issued after payment for the project is made in full.

The following information is required to issue an extended warranty: Details and amendments of standard extended warranty:

Project
Project address
Project Contractor
Employing contractor
Substrate
Environmental conditions
Application start date
Application finish date
Extended warranty commencement
Extended warranty duration
Cleaning schedule
Extended warranty term amendment

This extended warranty is subject to copyright and must not be copied in full or part without the permission of Windridge Coatings.