TERMS AND CONDITIONS OF SALE
1. DEFINITIONS: In these conditions “the Seller” means Glass Aftercare limited. “The Buyer” means the party to whom this document is addressed, and these definitions shall apply whether the transaction is for the supply of materials or for the provision of services for both the supply and installation of materials.
2. TERMS: Unless otherwise expressly agreed in writing by the Seller, these conditions shall override any terms or conditions stipulated, incorporated, or referred order. Orders received by facsimile are treated as official orders.
3. ACCEPTANCE The Sellers offers, tenders, estimates, quotations (hereinafter referred to as tenders) and price lists are without engagement, and all orders require the Sellers acceptance in writing to create a contract. Any such acceptance shall, nevertheless, be subject to investigation of the Buyer’s credit status. The Seller reserves the right to vary payment terms at any time based on revised credit option. The Seller shall not be liable for any losses or expenses incurred by the Buyer resulting from the cancellation of a contract due to withdrawal of the Sellers credit terms.
4.
PERFORMANCE Unless otherwise specified, Tenders are based on normal working hours and on continuity of work being available. Any delivery, commencement and/or completion date stated in the Sellers Tender or elsewhere, are based on current indications and are subject to confirmation. Any contractual dates whatsoever agreed are subject:
(a) to full and final agreement of the specification of the work to be undertaken.
(b) to timely receipt of any necessary information required by the Seller before commencement of work.
(c) to the Seller not being hindered or prevented from performing his work by any cause whatsoever, beyond hiscontrol including, but not limited to, strikes, lockouts, work to rule, civil commotion, and riot.
In any such event, the programme or completion date shall be extended by such time as the Seller may require.
5. PRICES: Prices quoted are based on costs ruling at the date of the contract and any variation in the cost of materials, labour and services shall be for the Buyer’s account if and to the extent that such a variation occurs between the date of the contract and the dates when the materials, labour or services are supplied, employed, or provided. The Seller is entitled to charge for any additional costs caused by any variation in the original contract or for any costs caused by the Buyer’s failure to give required instructions or to accept materials or services when they are due to delivery or performance.
6. DELIVERY: Consignment will normally be delivered by the Seller in loose loads, by road transport, but carriage charges may be made for (i) deliveries to remote areas; (ii) deliveries to building sites; (iii) small consignments.
7. PAYMENT
(i)FOR SUPPLY AND INSTALL CONTRACTS
(a) The Seller’s account shall be paid in full, including VAT as applicable, within 28 days following date of invoice.
(b) Invoices will be presented for
-20% deposit of total order value upon placement of order
-30 % of total order value upon drawing sign off
-40 % of total order value prior to delivery to site
-10 % of total order value on completion.
(c) Any retention held under Sub-Clause (b) above as retention money, shall be paid to the Seller in two instalments.
(i) One half on practical completion of the works on site.
(ii) The other half within six months after practical completion.
The Buyers interest in the retention money, by whomsoever held, shall be fiduciary as Trustee for the Seller, but with obligation to invest, and the Retention money shall be held in a separate identifiable Bank Account if called upon so to be done by the Seller.
Please Note: Prior to entering into contract, it is part of the Sellers company procedures to assess financial risk based on the findings of an independent credit check. A satisfactory report will result in commencement of trading on normal terms. Alternatively, at the Sellers discretion, he reserves the right to insist on further pro-forma payments prior to commencing manufacture and /or installation.
8. SETTLEMENT OF ACCOUNTS – On approved accounts, payment is due to the Seller on or before the last day of the month next following the month in which works are conducted. Interest will be charged on overdue accounts at 8% above the current Bank of England Base Rate per month or part thereof. In the event of non-payment, the Seller reserves the right to withhold or cancel further works.
9. INSTALLATION DATES – Agreed dates will be maintained wherever possible. However, the Seller shall not be liable for loss, or any damage caused to the Buyer or his agent by delays, however occasioned.
10. CANCELLATION OR ALTERATIONS – Where cancellation or alterations can be made without loss or costs these will be accepted. When manufacture has commenced, the Seller will make charges to cover any works conducted.
11. VARIATIONS – Variations will only be accepted by the Seller in writing to agreed cost and time implications.
12. IMPERFECTIONS – The Buyer shall not be entitled to reject any materials on account of imperfections or variations inherent in the glass manufacturing process. Provided that the glass meets British Standards and the Glass and Glazing Federation (GGF) Visual Requirements. A copy of these can be provided by the Seller, on request.
13. TESTS and INSPECTIONS – Unless otherwise agreed in writing all testing and inspection specified by the Buyer or implied by the order or customary to the Seller’s practice shall be at the Seller’s work and shall be final.
14. BUYER’S OWN GLASS – Will be managed, stored, processed, and installed entirely at the Buyers’ own risk.
15. DESIGN – All design liabilities are the responsibility of the Buyer unless agreed pre-contract.
16. WARRANTIES – Whilst every effort to execute orders in accordance with the terms therefore and to ensure the accuracy of the information and date furnished to the Buyer is made by the Seller, all conditions, guarantees or warranties (save those relating to correspondence of the goods with description or sample, merchandise quality and fitness for the purpose expressly made known to the Seller prior to contract imposed by the Contract Terms Act 1977) are hereby excluded. The Seller will not in any circumstances be liable for losses, expenses, or damage direct, indirect, or consequential sustained by the Buyer which may in any degree be attributable to the adoption, either by the Buyer or by any third party of technical information, date or advice given by or on behalf of the Seller in relation to the use of the goods.
17. QUOTATIONS – All quotations and delivery dates are submitted by the Seller in good faith on the assumption that materials and labour will be normally readily available. In the event of labour or supplies being interrupted by strikes, lockouts, fire, war or any other contingencies beyond our control, there may be delay or suspension of the orders/works. All quotations are net of any discounts unless expressly stated otherwise.
18. PARKING: An area of ‘off street’ parking will be required at all times of working/unloading. Any associated costs incurred by the Seller due to the unavailability of such (i.e., parking meters, car parks, etc.) will be charged accordingly.
19. SITE WORKS:
Protection – The Sellers quotation does not include for the protection of the Sellers works at any stage during the contact or on completion, this is to be provided by the Buyer at his expense.
Silicone jointing – Silicone jointing is to be conducted in a dust free environment. The Seller does not accept responsibility for defective silicone works should the Buyer instructed that these have been undertaken in an inferior environment.
Abortive visits – Should the Sellers labour attend site to conduct installation works and find that clear and unhindered working areas has not been made available by the Buyer, then the Seller shall charge a ‘one-off’ cancellation charge of £450.00 per man day for the date of occurrence.
20. SAFETY GLAZING – The use of glass in buildings must conform to British Standards Code of Practice BS6262 – 1982. The Seller will not be responsible for any claim arising out of the use of glass unless details of use have been submitted in writing requesting approval.
21. PRODUCT LIABLILITY – The Seller accepts no liability, at any time following installation, for failure of glass assemblies due to the presence of Nickel Sulphide Inclusions. (NSI). The cost of replacement remains the sole responsibility of the Buyer.
22. TITLE OF GOODS – All goods remain the property of The Seller until fully paid for by the Buyer.
23. INFRINGEMENT OF PATENTS, REGISTERED DESIGNS OR COPYRIGHT – The Buyer shall indemnify the Seller against all damages, penalties, costs, and expenses to which the Seller may become liable because ofworks done in accordance with the Buyer’s specification with involves infringement or alleged infringement of a patent, registered design, or copyright.
24. BUYER’S BANKRUPTCY – If the Buyer shall default or commit any breach of any of his obligations to the Seller, or if any distress or execution shall be levied upon the Buyer or if the Buyer shall offer to make any arrangement with creditors or commit any act of bankruptcy, or if any petition in bankruptcy shall be presented against him or if the Buyer is a limited company any resolution or petition to wind up such company’s business (other than for the purpose of any amalgamation or reconstruction which becomes effective) shall be passed or presented, the Seller shall have the right forthwith to determine by any written notice posted to the Buyer any contract then subsisting without prejudice to any claim or right the Seller might otherwise make or exercise.
25. ENGLISH LAW: The construction, validity and performance of this contract shall, solely, be governed by English law and shall, solely, be subject to the jurisdiction of the English Courts.
