Terms and Conditions

  1. SCOPE
    1. "AkzoNobel" means the AkzoNobel entity identified above and any AkzoNobel affiliate.
    2. "Buyer" means the purchaser of Products and Services from AkzoNobel.
    3. "Contract" means the contract formed between AkzoNobel and Buyer for the supply of Products or Services when AkzoNobel accepts Buyer's order.
    4. "Products" means any and all goods supplied by AkzoNobel to Buyer, and "Services" means the services provided by or on behalf of AkzoNobel.
    5. These Terms and Conditions apply to the Contract to the exclusion of any other terms that the Buyer seeks to impose or incorporate, or which are implied by law, trade custom, practice, or course of dealing.
  2. OFFER / ACCEPTANCE
    1. A quotation from AkzoNobel does not constitute an offer but an invitation to Buyer to place an order and shall be valid for 14 days. The contract shall be concluded by digital message of acceptance of the offer by Buyer to AkzoNobel.
    2. The Contract comes into effect only when AkzoNobel accepts Buyer's order. Each individual accepted order shall constitute a separate Contract.
    3. Once accepted by AkzoNobel, Buyer's order may not be cancelled by Buyer without AkzoNobel's prior written agreement and subject to Buyer indemnifying AkzoNobel against all loss, costs, and damages incurred by AkzoNobel as a result of the cancellation.
  3. DELIVERY / TRANSFER OF RISK
    1. Risk of loss in the Products will transfer to Buyer upon making available the Products to Buyer at the premises notified by AkzoNobel.
    2. Time of delivery or performance shall not be of the essence. Failure to deliver the Products and/or perform the Services on the specified date shall not entitle Buyer to claim any damages, losses, or costs or to withdraw the order.
    3. AkzoNobel may deliver Products in instalments. Any failure to deliver an instalment or any claim by Buyer in respect of an instalment will not entitle the Buyer to treat the whole order as repudiated.
    4. AkzoNobel is responsible for checking and signing for all deliveries.
  4. PRICE AND PAYMENT
    1. Unless otherwise agreed by the parties, the price for the Products and the Services will be the price quoted by AkzoNobel. Prices may change if a different paint system or additional preparation is required after inspection. All prices are exclusive of taxes.
    2. AkzoNobel will issue invoices to Buyer for all Products and Services. Buyer shall pay 50% of the invoice upon acceptance of the quotation and the remaining balance within 7 days of completion of the Services.
    3. Time for payment of invoices is of the essence. Buyer must make payments free and clear, without set-off, counterclaim, or deduction.
    4. Buyer will reimburse AkzoNobel for any costs incurred in collecting overdue amounts, including fees for collection agencies and attorneys.
    5. If Buyer fails to pay on time, AkzoNobel may terminate the relationship with Buyer and claim interest on overdue payments.
  5. OBLIGATIONS OF AKZONOBEL
    1. AkzoNobel will perform the Services with due care and in accordance with the provisions of this agreement, and the work will be carried out between 7:30 am and 5:30 pm unless otherwise agreed.
    2. AkzoNobel will observe applicable regulations when performing the Services.
    3. AkzoNobel shall notify Buyer of any apparent defects in the property or materials made available by Buyer.
  6. OBLIGATIONS OF THE BUYER
    1. Buyer will ensure that AkzoNobel has access to the property and that the areas are clear of obstructions to complete the Services.
    2. Buyer will provide utilities necessary to complete the Services, at Buyer's cost.
    3. Buyer has home insurance.
    4. Any additional works will be agreed in writing with AkzoNobel.
  7. WARRANTY / BUYER'S RIGHTS
    1. AkzoNobel warrants that at the time of delivery, the Products conform to AkzoNobel's standard Product specifications or any agreed-upon specifications.
    2. Warranty can only be invoked once Buyer has met all payment obligations.
  8. LIMITATION OF LIABILITY
    1. AkzoNobel shall be liable for any property damage caused by AkzoNobel or third-party agents. AkzoNobel shall not be liable for any delays in completion.
    2. AkzoNobel will not be liable for any indirect, special, or consequential damages. The total liability of AkzoNobel will not exceed the price of the Products or Services supplied under the Contract, or £200,000, whichever is lower.
    3. Nothing in this section limits AkzoNobel's liability for matters where it is unlawful to exclude or restrict liability.
  9. INDEMNIFICATION
    1. AkzoNobel indemnifies Buyer against claims from third parties for damage caused by the Services due to negligence by AkzoNobel or its agents.
    2. Buyer will indemnify AkzoNobel against any third-party claims arising from Buyer's negligence or breach of contract.
  10. FORCE MAJEURE
    1. AkzoNobel will not be liable for failure to perform its obligations if hindered by events beyond its control, such as war, natural disaster, labor dispute, or government restraint.
    2. AkzoNobel may withdraw from obligations to supply Products or Services if a Force Majeure event exceeds six months.
  11. COMPLIANCE WITH LAWS
    1. Buyer will comply with all applicable laws, including those related to labor, data privacy, safety, and anti-corruption.
    2. Buyer indemnifies AkzoNobel against losses incurred due to any breach of laws by Buyer.
  12. PRIVACY
    1. Buyer's personal data will be included in AkzoNobel's database for the completion of Services and shared with third parties if necessary for the execution of the contract.
    2. AkzoNobel complies with GDPR and ensures appropriate measures to protect personal data.
  13. TERMINATION
    1. AkzoNobel can terminate the Contract if Buyer breaches it or faces insolvency.
    2. Upon termination, all amounts invoiced by AkzoNobel become immediately due, and AkzoNobel may recover or resell Products supplied to Buyer.
  14. LAW AND DISPUTE RESOLUTION
    1. These Terms and Conditions and the Contract are governed by the laws of England and Wales.
    2. Disputes will be resolved exclusively in the courts of England and Wales.
  15. MISCELLANEOUS
    1. These Terms and Conditions are confidential and will not be disclosed without prior consent.
    2. AkzoNobel owns all intellectual property rights in the Products and Services provided under the Contract.