Terms and Conditions

CONDITIONS OF SALE

1.   DEFINITIONS

1.1     In these conditions:
‘CUSTOMER’ means a person who accepts a quotation from the Company for the sale of the goods.
‘GOODS’ means the Goods which the Company agrees to supply in accordance with these terms and conditions.
‘COMPANY’ means The Glass & Window Centre.
‘CONDITIONS’ means the Standard Terms and Conditions of sale set out in this document.
‘CONTRACT’ means the Contract for the sale and purchase of the Goods in accordance with the Conditions.
‘WORKS’ means installation of the goods on the customer’s premises.
1.2     The headings in these conditions are for convenience only and shall not affect their interpretation.

2.   BASIS OF SALE           
2.1  The company shall supply and the customer shall purchase the goods on the basis of the company’s written quotation and specification in accordance with these conditions.
2.2  No variation from the written specification may be accepted unless agreed in writing and signed by a director and shall be subject to the right of the Company to make such further charges as it sees fit at its discretion.  
2.3  Acceptance to the Company of the Contract shall be conditional upon inspection and measurement by the Company’s surveyor and the Company reserves the right to make any necessary modifications following the survey including the right to charge for any necessary building work or repairs together with the right not to proceed with the Contract whereupon any deposit paid by the Customer shall be returned by the Company.
2.4  The Company reserves the right by giving notice to the Customer at any time before delivery to increase the price of the Goods to reflect any increase in the costs to the Company this is due to any factor beyond the control of the Company (such as without limitation, significant increase in the cost of labour, materials or other costs of manufacture) any change in delivery   
dates quantities or specifications for the Goods which is requested by the Customer, or any delay caused by failure of the Customer to give the Company adequate information or instructions.

3.   OBLIGATION OF THE COMPANY

3.1  The Company shall;
(I)   Endeavour to match existing finishes but shall not be liable for non-matching due to weathering of existing materials or non-matching of external specified finishes:
(ii)   Make good any damage caused in the course of installation to plaster floor rendering or brick work immediately surrounding any window or door installed but the Company Shall not be liable for any superficial damage to surrounding wallpaper and paintwork or ceramic tiles which shall be the responsibility of the Customer.
(iii)  Remove all existing glass frames and other materials from the premises but shall not be liable for any breakages or removal of curtains or blinds on or surrounding existing frames, if required the installers may need to remove curtains or blinds to gain access to the frame, however this will be at the Customers own risk and the Company will not be liable to re fit after installation this will be liable by the Customer. In the event that the Customer wishes to retain any specific item the Company must be notified in writing prior to its removal.
(iv)  Install a new cill as part of the standard window where an external cill forms part of the window frame to be removed, where other types of external cill are present for example stone and tiled, the new window will be fitted to the existing cill without a new cill unless specifically stated overleaf; removal of the stoned concrete or tiled cill will be charged as an extra and must be detailed in the agreement.
3.2     The Company shall not be responsible for removing any fixtures or services required to be moved in order to carry out the works.
3.3     The Company guarantees and warrants that the Goods will comply with the description set out in the Contract, and will be made from proper materials and will be manufactured and installed with reasonable skill and care. If within a period of 10 years from the date of installation any defect shall appear which is due to defective workmanship or the use of any defective materials the Company will make good or replace the same free of charge provided always:
(I)   nothing herein contained shall impose on the Company any liability in respect of normal shrinkage or movement in timber or drainage due to the breakage, cracking or damage in any way of glass:
(ii)   Such defect is notified in writing to the Company within 6 weeks of the Customer first becoming aware of the same.
(iii)  The customer has paid the full outstanding balance due to the Company.
   

4.   PAYMENT

4.1  The outstanding balance of the Contract price as shown on the Contract shall be payable immediately following substantial completion of the works.
4.2  If the Customer fails to make payment on the due date then without prejudice to any other right or remedy available to the Company the Company shall be entitled to charge interest on the amount unpaid at the rate of 5% per month until payment in full is made (a part of the month being treated as a full month for the purpose of calculating interest).
4.3       In the event of non-completion on minor works the Customer shall not be entitled to withhold payment greater than 5% of the Contract price.
4.4       Payment in cash or by cheque made payable to The Glass & Window Centre, shall be made to the Company’s authorised representative.
4.5       Credit cards are accepted (except over the phone) in person at our branch a 4% surcharge will apply.

5.   CANCELLATION

5.1  The Contract is an agreement binding upon both parties when it has been signed by the Customer and accepted by the Company.
5.2  In the event that the Customer shall cancel the Contract the Customer shall pay by way of Liquidated damages.
(I)   A sum equal to 25% of the Contract price if cancellation takes place prior to the commencement of inspection and measurement by the Company’s surveyor.
(ii)   A sum equal to 60% of the Contract price if cancellation takes place after inspection and measurement by the Company’s surveyor but during  
      manufacture of the Goods.
(Iii)  A sum equal to 90% of the Contract price if cancellation takes place after manufacture of the Goods but prior to delivery.
(iv)  A sum of 10% of the Cash price is also payable to the Company by the Customer in respect of liquidated damages.
5.3       The above cancellation provisions shall be without prejudice to the Customer’s right to cancel the Contract in relation to those contracts to which either the Consumer Credit Act 1974 or the Consumer Protection (Cancellation of contracts Concluded Away from Business Premises) Regulation 1967 apply and if any deposit the Company receives Notice of Cancellation within the requested period any deposit paid will be refunded.

6.   ACCESS

The Customer agrees to allow the Company access to the premises at all reasonable times so that the Company may make a detailed survey report and complete the Works and if the Customer shall fail to allow access within 14 days of written notification by the Company of the delivery date the Customer shall be liable to pay the Company outstanding amounts due within a further 7 days from the date of written demand by the Company.
 
7.   DELIVERY

7.1   Any dates quoted for delivery of the Goods are approximate only and the Company shall not be liable for any delay in delivery of the Goods. Time for delivery shall not be of the essence of the Contract. The Goods may be delivered by the Company in advance of the quoted delivery date upon giving reasonable notice to the Customer.
7.2      The Company will use all endeavours to adhere to installation dates but cannot be held responsible for any failure to meet installation dates as a result of unforeseen events such as inclement weather or difficulties in connection with work on behalf of prior Customers.

8.   TILE AND RISK

8.1   Title of the Goods shall not pass until payment in full has been made by the Customer.
8.2   The Goods shall be the risk of the Customer immediately following delivery to the Customer’s premises or otherwise to his order.

9.  In the case of aluminium placed units the aluminium will be to British Standards Specification HE9TP BS1474-1476 or as appropriate and will be anodised to an average of 25 microns.

10.   Nothing in these Conditions shall affect or restrict the statutory rights of the Customer and to the extent that any of these Conditions are inconsistent with rights they shall be modified accordingly.

11.  The Customer has the right to cancel the Contract and this right can be exercised by sending or taking a written Notice of Cancellation to the Company within the period of 7 days following the making of this Contract.