Standard Terms of Business
1 Interpretation
In these conditions ‘The Company’ shall mean Cumbria Superglaze its servants and its agents ‘The Purchaser’ shall mean any customer of the company ; The Goods shall mean products manufactured or sold, or work or service performed by the company; and ‘Completion Date’ shall mean the date by which the work ordered is to be completed by the company (subject to Condition 4 here of such date to be the latest date on which the period stated in the Company’s order form (or if no period is specified. A reasonable period) may expire, such period to. Commence from the date on which the Company notifies the Purchaser in writing that pursuant to Condition 3 (b), the surveyors’ survey is satisfactory.
2 Applications
All Orders are accepted only upon the terms and conditions herein contained, unless expressly accepted by the Company in writing no addition to or modification of any agreement incorporating these conditions shall apply, nor shall terms or conditions submitted by the Purchaser from part of any contract binding on the Company.
3 Acceptances
No quotation order or contract shall be binding on the Company unless and until (a) it is accepted in writing by a duty authorised officer of the Company, and (b) a satisfactory survey of the premises on which the goods are to be installed is carried out by a technical surveyor of the Company. When the final survey has been carried out the Company unconditionally reserves the right to cancel the contract, whereupon any deposit will be refunded.
4 Deliveries and Delay
The Completion Date is not a condition of the contract but is approximate only and the Company shall not be liable for the consequences of any delay and in particular but without prejudice to the generality of the foregoing shall be under no liability whatsoever for any delay in installation caused (directly or indirectly) by (1) failure by the Purchaser to agree to any installation date proposed by the Company (2) inclement weather (3) strikes (4) lockouts (5) fires (6) accidents (whether to personnel or machinery, materials, equipment or apparatus) tack of availability of materials (8) delay through war risks by any other cause whatsoever, whether or not like nature to those specified above, outside its control and in any such event, the Completion Date mat be deferred by the Company-
5 Fluctuations
In addition 10 the price quoted in the Company’s order form, the Purchaser shall pay any extra costs incurred by the Company by reason of any of the following acts or omissions by the Purchaser, his servants, or agents;-
(a) Hindrance to or delay delivery or installing the goods caused directly or indirectly by any matter within the Purchaser’s control, and in particular without prejudice to the generality of the foregoing, any failure or delay by the Purchaser to provide the Company with any instructions, specifications, materials, or services as required by this contractor access to premises where-the goods are to be installed at times permitted hereunder.
(b) Any alteration in design, quality, specifications or manufacturing details (including the correction of an error therein) on the part of the Purchaser or the requirements of Local Authorities of Surveyors.
6 Payments
(a) Unless otherwise stated quotations are made subject to payment being made on the completion of installation/delivery of the Goods.
(b) The purchaser shall not be entitled to make any deduction from the price of the Goods in respect of any set-off or counter claim.
(a) Time for payment of the price of the Goods shall be of the essence of the contact and if the Purchaser shall fail to pay the price within seven days of the due date the Company may treat the contract with the Purchaser as repudiated and in addition, without prejudice to such right, the Company shall be entitled to interest on the outstanding amount of the price from 7 days after the due date of the payment until the price is paid in full at the rate of 2.5% per month, (d) Any acceptance by the Company of an amount less than the full amount of the Purchase price shall be without prejudice to the right of the Company to demand payment of the balance thereof unless the Company expressly notifies the purchaser in writing that it is releasing him from liability in respect thereof.
(e) The customer may withhold a small amount up to a maximum of £250.00 for broken units until they are replaced.
7 Guarantees
The company guarantees its uPVC extrusions Supplied and Installed under this contract (herein after referred to in the condition as ‘The Guaranteed Goods’- and will make good by replacement or repair, free of charge, any defect which may appear in the Guaranteed Goods for a period of 15 years from installation date, and which is due to faulty materials or workmanship providing that:
(1) This guarantee shall be void if
(a) The Guaranteed Goods are damaged by subsidence or other external forces;
(b) The Guaranteed Goods are misused subject to neglect or abnormal conditions or involved in an accident; or any attempt at repair, replacement or modification has been made without the written sanction of the Company;
(a) The Purchaser fails to maintain the Guaranteed Goods in accordance with the company’s Instructions, namely that
(a.a) uPVC extrusions should be washed regularly with a soft clean soaked in warm soapy water to remove air pollution, no abrasive material being used;
(b.b) all moving parts on uPVC extrusions are lubricated at regular intervals, (d) any sums payable to the Company under the contract have not been paid Within 7 days of the due date of payment.
(a.a)Any sums payable to the Company under any additional contracts have not been paid within 7 days of the due date.
(a) any claims under this guarantee is not notified to the Company in writing within 30 days of discovery of the defect and not withstanding such notification shall also be void in respect of any damage caused to the Guaranteed Goods which would not have occurred but for the Purchaser’s unreasonable delay in notifying the Company of the defect,
(2) No guarantee is given that this installation of the Goods by the Company will either eliminate or reduce condensation on the premises on which they are installed, or that any double glazed units installed by the Company will be free from condensation.
(3) Any Guaranteed Goods or any part thereof repaired or replaced under the warranty will benefit from the guarantee during the balance of the said original guarantee period only.
(4) The benefit of the guarantee may not be assigned
(5) This guarantee does not cover:
Any defect in any sealed double glazed units (including the seal itself) installed by the Company. Such defects are guaranteed by the sealed unit manufacturers for a period of 10 years from the data of installation on the terms and conditions contained in the Manufacturer’s Guarantees Form.
(6) If the Purchaser deals as a consumer within the meaning of the Unfair Contract Terms Act 1977 this Guarantee will be in addition to the Statutory Rights of the Purchaser within the messing of that expression as defined the Consumers Transactions (Restrictions on Statements) Order 1976 and will in no way affect such Statutory Rights on the Purchaser.
(7) Locks, hinges or operating mechanisms used by the Company in the Goods installed under the contract are guaranteed by the company for a period of 12 Months from the date of installation of Goods.
(8) 5 years colour fade guarantee on doors held with the manufacturer.
8 Exclusion of Liability
(a) The Purchaser is relying on his own skill and Judgement in relation to the goods and the Company accept no liability whatsoever for any knowledge it are its servants or agents may possess as to the purpose for which the Goods are Supplied (b) It is the purchasers responsibility to ensure that the goods meet with all statutory requirements by the Act of Parliament, planning regulations and building regulations. (a) All if any, statements, recommendations and advice given (whether before or after this contract) by the Company to the Purchaser as to any matter relating to the Goods are given without any liability whatsoever on the part of the Company.
9 Variations
Demonstration windows doom and other products are used to demonstrate the working of a typical product end its composition.
The windows or other products detailed in the Schedule ovaries will be manufactured and installed by the Company using such manner and materials considered suitable and pursuant to the Company’s policy of continuous improvement to its products; it reserves the right to make any necessary modification in design, specification or composition.
10 Making Good
The Company shall make good all damage caused to the brickwork, rendering and plasterwork surrounding the areas where the goods are installed, excluding paintwork/wallpapering and on completion of such installation, the Purchaser shall notify the Company in writing by Recorded delivery to Unit 1C, Buddle Road, Clay Flatts Industrial Estate, Workington CA14 3YD within 3 days of any defects in such work. The Company does not undertake to provide matching ceramic or other tiles or specialised finishes such as Tyrolean or Pebble Dash, not to avoid damage to surrounding wallpaper or paintwork, although all reasonable care will be taken. The removal and replacement of curtains, curtain rails, blinds, pelmets, burglar alarms, television cables, telephone lines, satellite cables etc. Is the responsibility of the Purchaser No Guarantee is given that the purchasers existing window framework will be removed in one piece.
11 Advertising
All descriptive advertising and other materials issued by the Company is based on the Company’s experience and tests and is believed to be reliable but no responsibility is accepted from errors or for infringement of Trademarks, Copyright or Design Copyright.
12 Cancellations
The Company will only accept cancellation of an order on condition that payment is received in full to cover the total expenditure involved in the production of the order at the time of cancellation, together with the loss of profit in respect of that order except where the cancellation by the customer is received in writing by Recorded Delivery to Unit 1C, Buddle Road, Clay Flatts Industrial Estate, Workington. CA13 3YD
Within 7 days of the contract date where upon any deposits will be refunded in full to the customer.
13 Provisions of Facilities and Access
(a) The Purchaser shall provide on the premises on which the Goods are installed at his own expense an adequate supply of water and electricity while the goods are being installed.
(b) The Purchaser will provide the Company with access to the premises on which the goods are to be installed at all reasonable times to enable the contract to be performed.
14 Materials
(a) The types of panes of glass and the thickness, weight and arrangement thereof used shall, in the absence of any special arrangements specified in the order form be determined by the Company.
(b) Although any glass used in the Goods shall be of good quality this does not imply any assurances of undistorted vision or completely blemish free surfaces. Whilst all units are produced to the highest possible standards, it must be clearly understood that the Company shall be under no liability whatsoever in respect of minor blemishes, abrasions or imperfections in the glass, as defined by Pilkington Glass Ltd.
(c) By its nature, Brassware exposed to the atmosphere tarnishes; the Company is therefore unable to extend the warranty to cover Brassware.
15 Determination of Contract
If the Purchaser shall make default in or commit a breach of contract or of any of his obligations to the Company or if any distress or execution shall be levied upon the Purchaser’s property or assets or if the Purchaser shall make or offer to make arrangements or composition with his or its creditors or commit an act of bankruptcy or if any petition of receiving order in bankruptcy shall be presented or made against him or it the company shall be deemed to be determined but without prejudice to any claim that the Company may have in respect of any antecedent breach by the Purchaser or any of his obligations under this contract.
16 Transfer of Title
The title to the Goods hereby contracted to be sold shall not pass to the Purchaser until payment has been made by the Purchaser to the company in full.
17 Assignments
The Purchaser shall not assign or transfer or purport to assign or transfer this contract of the benefits thereof to any other person whatsoever.
18 Headings
The headings of these Conditions are provided for convenience only and shall have no effect on the interpretation thereof.
