Terms and Conditions and Site Assumptions

CREATIVE GLASS GENERAL TERMS & CONDITIONS OF SALE

 

 

 

1.                     DEFINITION

 

1.1                   The “Buyer” means the Account Applicant or person who buys or agrees to buy goods from the seller.

 

1.2                   The “Seller” means Creative Glass.

 

1.3                   “Conditions” means the Conditions of Sale set out in this document and any special conditions agreed in writing by the Seller.

 

1.4                   The “Goods” means the subject of the order.

 

1.5                   The “Contract” means the Contract formed by the acceptance of the order.

 

1.6                   The “Order” means the Customer’s instruction to the seller to supply the Goods.

 

2.                     CONDITIONS

 

2.1                   These “Terms and Conditions” do not affect your statutory rights as a consumer.

 

2.2                   All contracts of sale made by the Seller shall be deemed to incorporate these terms and conditions, which shall prevail over any other document or communication from the Buyer.

 

2.3                   Acceptance of delivery of Goods shall be deemed conclusive evidence of the Buyers acceptance of these Conditions.

 

3.                     PRICES & PAYMENT

 

3.1                   The price shall be the price contained in the Seller’s Quotation. Where no Quotation is issued the price shall be the Seller’s current list price.

 

3.2                   Should a product’s price change between receipt of order and dispatch the buyer will be notified and given the opportunity to cancel the order and receive a full refund.

 

3.3                   All Prices are exclusive of VAT and charges for Packing, Postage and Carriage (plus VAT) which shall be in addition.

 

3.4                   In the case of consumer sales, payment must be made in full before despatch of any Goods.

 

3.5                   In the case of other sales, payment is due in full on the terms of credit agreed which shall not be more than 30 days from the date of invoice. Time for payment shall be of the essence and any failure to pay shall entitle the Seller at its option to treat the Contract as repudiated by the Buyer or to delay delivery until paid.

 

3.6                   The Seller shall be entitled to charge interest at the rate of 5% above base lending rate of Lloyds TSB plc on a daily basis on overdue payments until the actual date of payment.

 

3.7                   The Seller will only agree to a credit account with the customer following approval of a completed credit check.

 

 

4.                     CANCELLATION

 

4.1                   In the event of cancellation of an order the Company will take all reasonable steps to curtail production as quickly as possible and to mitigate the cost effect of such cancellation. However, such action will be taken by the Company without prejudice and the Buyer shall be responsible to reimburse the Company with full cost to the Company resulting from such cancellation.

 

 

5.                     DELIVERY

 

5.1                   Any delivery date specified by the Seller shall be deemed an estimate only and the time of delivery will not be of the essence.

 

5.2                   The Seller shall not be liable for failure to deliver in accordance with that date, nor will the Seller be deemed to be in breach of the Contract, nor will the Seller have any liability to the Buyer for direct, indirect or consequential loss (all of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and like loss) howsoever caused (including as a result of negligence) by any delay in delivery.

 

5.3                   The customer shall not be entitled to refuse to accept the Goods because of late delivery.

 

5.4                   Delivery of the Goods shall be made to the Buyer’s address and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery

 

5.5                   Where the Seller agrees to deliver the Goods and the Buyer claims they are damaged or that there are shortages, the Buyer will have to check delivered stock on delivery and sign the delivery note. If the Seller is satisfied that the Goods were damaged in transit they will be repaired free of charge or, at the Sellers option, allowed for credit up to their invoice value.

 

5.6                   Goods must be examined on delivery, any discrepancies or damage must be notified on the relevant delivery note and reported to the seller within 24 hours.

 

5.7                   If the Goods are collected from site, then they are to be examined for any defaults and damage and a disclaimer signed stating that the Buyer has checked the Goods. Failure to do so will result in the Buyer taking Goods entirely at own risk. The Seller shall not have any liability whatsoever for any loss or damage to Goods in transit.

 

 

6.                     RISK AND RESERVATION OF TITLE

 

6.1                   Upon delivery all risk of loss or damage to the goods shall pass to the Customer.

 

6.2                   The unloading of the Goods at the place of delivery shall be at the sole risk and expense of the Customer.

 

6.3                   Ownership of the Goods will not pass to the Buyer until the Seller has received in full (in cash or cleared funds) all sums due to it in respect of:

 

6.3.1                the Goods: and

 

 

6.3.2                all such other sums which are or which become due to the Seller from the Buyer on account.

 

6.4                   Until ownership of the Goods has passed to the Buyer, the Buyer must:

 

6.4.1                hold the Goods on a fiduciary basis as the Seller’s bailee;

                       

6.4.2                store the Goods (at no cost to the Seller) separately from all other goods of the Buyer or any third party in such a way that they remain readily identifiable as the Seller’s property:

 

6.4.3                not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods:

and

 

6.4.4                 maintain the Goods in a satisfactory condition insured on the Seller’s behalf for this full price against all risks to the reasonable satisfaction of the Seller, and will whenever requested by the Seller produce a copy of the policy of insurance.

 

6.5                   The Buyer may resell the Goods before ownership has passed to it solely on the following conditions:

 

6.5.1                any sale will be effected in the ordinary course of the Buyer’s business at full market value and the Buyer will account to the Seller accordingly: and

 

6.5.2                any such sale will be a sale of the Seller’s property on the Buyer’s own behalf and the Buyer will deal as principal when making such a sale.

 

6.6                   The Buyer’s right to possession of the Goods will terminate immediately if any of the conditions set out in condition 6 occur.

 

6.7                   The Buyer grants the Seller, its agent and employees an irrevocable licence at any time to enter any premises where the Goods are, or may be stored in order to inspect them, or, where the Buyer’s right to possession has terminated, to recover them.

 

6.8                   The Seller accepts no liability for goods damaged by the Buyer in any circumstances.

 

6.9                   The Seller shall not be liable for any cleaning down or removal of protective wrapping. The Seller shall not be liable for removal of accumulated dirt under the prevailing site and/or weather conditions nor shall it be liable thereafter for damages caused by acid or alkaline washes and slurries or any other harmful substances.

6.10                 The Buyers own glass is left with the Seller at their own risk and the Seller is not liable for any damage that may be caused.

6.11                 Glass is a natural material and as a result texture, colour and shade can vary.

6.12                 Colour coated glass: as the iron content and the thickness of the glass can vary, the final colour can therefore be tinted, as a result, we cannot guarantee the exact colour or shade. Low iron can be offered as an alternative to give a more exact colour match. (available at an additional cost)

6.13                 The Seller would solely recommend the use of Xtragrip Mirror Adhesive and Bohle Glass Cleaner for use with the cleaning and adhesion of colour coated glass. If any alternatives are used no guarantees of conformity will be given.

6.14                 Glass and Mirrors are produced within size and finish tolerances outlined by the Glass and Glazing Federation and recognised as industry standards.

 

7.                     TERMINATION OF CONTRACT BY THE COMPANY

 

7.1                   The Seller may terminate the Contract forthwith by written notice to the Buyer upon the happening of any one of the following events: -

 

7.2                                            Where full payment in respect of the Goods or any instalment of the Goods has not been received by the Seller by the dates specified as the date of payment. Failure to pay any sums due in accordance with Condition 3.5 is a material breach of the terms and conditions which is not capable of remedy.

 

7.3                                            Where the customer being an individual commits an act of bankruptcy or being a corporation goes into liquidation or appoints a Receiver, Administrative receiver or Administrators overall or any of its assets by virtue of The Insolvency Act 1986 is deemed unable to pay its debt, or has a petition presented for its winding up or for an administrative order.

 

7.4                   Where the Customer is in material breach of any of these conditions of sale.

 

8.                     FORCE MAJEURE

 

8.1                   In the event that the Seller is prevented from carrying out its obligations under a contract for sale as a result of any cause beyond its control such as but not limited to acts of God, war, strikes, lock-outs, flood, fire, protests, tempest, explosion, acts of terrorism or national emergencies and failure of third parties to deliver goods, the Seller shall be relieved of its obligations and liabilities under such contract for sale for as long as such fulfilment is prevented.

 

9.                     EXCLUSION OF LIABILITY AND INDEMNITY

 

9.1       The Seller does not exclude its liability (if any) to the Buyer:

 

9.1.1                for breach of the Seller’s obligations arising under section 12 Sale of Goods Act 1979 or section 2 Sale and Supply of Goods and Services Act 1982;

 

9.1.2                                         for personal injury or death resulting from the Seller’s negligence;

 

9.2                   Except as provided in Condition 4.1 the Seller will be under no liability to the Buyer whatsoever (whether in contract, tort (including negligence), breach of statutory duty, restitution or otherwise) for any injury, death, damage or direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and like loss) howsoever caused arising out of or in connection with:

 

9.2.1                                         any of the Goods or the manufacture or sale or supply, or failure or delay in supply, of the Goods by the Seller or on the part of the Company’s employees, agents or sub-contractors;

 

9.2.2                                         any shortages in quantity delivered to the Buyer unless the Buyer notifies the Seller at the time of delivery;

 

9.2.3                any damage to or loss of the Goods whether caused in transit or otherwise;

 

9.2.4                any defect in the Goods, unless notified in writing to the Seller within 28 days of receipt of the Goods by the Buyer;

 

9.2.5                                         any breach by the Company of any of the express or implied terms of the Contract.

 

9.2.6                any use made or resale by the Buyer of any of the Goods, or of any product incorporating any of the Goods;

 

9.2.7                any statement made or not made, or advice given or not given, by or on behalf of the Company.

 

9.3                   Except as set out in Conditions 8 the Seller hereby excludes to the fullest extent permissible in law, all conditions, warranties and stipulations, express (other than those set out in the Contract) or implied, statutory, customary or otherwise which, but for such exclusion, would or might subsist in favour of the Buyer.

 

9.4                   Each of the Company’s employees, agents and sub-contractors may rely upon and enforce the exclusions and restrictions of liability in Conditions 4.2 and 8.1 to 8.3 in that person’s own name and for that person’s own benefit, as if the words “its employees, agents and sub-contractors” followed the word Seller wherever it appears in those clauses.

 

9.5                                            Except and without prejudice to condition 8.3, the Sellers liability shall be limited to the price of the Goods.

 

9.6                   The Buyer acknowledges that the above provisions of this Condition 8 are reasonable and reflected in the price which would be higher without those provisions, and the Buyer will accept such risk and/or insure accordingly.

 

10.                   INDEMNITY

 

10.1                 The Buyer agrees to indemnity, keep indemnified and hold harmless the Seller from and against all costs (including the costs of enforcement), expenses, liabilities, injuries, direct, indirect or consequential loss (all three of which include, without limitation, pure economic loss, loss of profits, loss of business, depletion of good will and like loss), damages, claims, demands, proceedings or legal costs (on a full indemnity basis) and judgements which the seller incurs or suffers as a consequence of a direct or indirect breach or negligent performance or failure or delay in performance by the Buyer of the terms of the Contract, or any Contract entered into by the Buyer where the Goods are subsequently sold on.

 

11.                   QUOTATIONS

 

11.1                                          The Quotations are open for acceptance for a period of 28 days from the date of the quotation.

 

The Company reserves the right to refuse the quote after that date.

 

11.2                                          All quotations, offers and tenders are for the whole of the Goods for which the quotations, offers or tenders are given by the Company. The Company reserves the right to refuse acceptance of any order, which constitutes only part of the Goods the subject of such quotation, offer or tender.

 

12.                   WAIVER

 

12.1                 The Seller’s failure to insist upon strict performance of any provision of these Conditions shall not be deemed to be a waiver of its rights or remedies in respect of any present or future default of the Buyer in performance or compliance of any of these conditions.

 

13.                   MODIFICATION

 

13.1                 These terms may only be modified in writing signed by the authorised representatives of both Company and the Customer.

 

14.                   GOVERNING LAW

 

14.1                 This Agreement shall be governed by and interpreted in all respects in accordance with the Laws of England and the parties hereby submit to the jurisdiction of the English Courts.

 

14.2                                          If any parts of these terms and conditions that is not fundamental is found to be illegal or Unenforceable, such finding will not affect the validity or enforceability of the remainder of these terms and conditions.

 

 

15        PROPIETARY RIGHTS

 

15.1     The copyright in all designs shall at all times remain the exclusive property of the company, who shall have free and unfettered right as to the disposal thereof. Unless the Company shall otherwise agree in writing, any copying or reproduction of the Company’s designs is expressly prohibited.

 

Site Assumptions for Glass or Mirror Assemblies

 

To Measure, Supply and Install to your suitably prepared solid grounds, walls, columns, openings, channels etc. It is assumed that such prepared openings are true, level and structurally sound to accept your Specified Glass Assembly.

 

Uninterrupted site access to carry out installation of Glass System, based on Clients Design and  Structural Specification, unless stated Creative Glass & Mirrors Ltd. do not accept any responsibility for Design or Structural Engineering Load Calculations.

 

Unless otherwise stated, work will be carried out during normal Working Hours – Monday – Friday 8.00AM to 16.00PM.Any works carried out after the duration of this period will be charged to the client at the standard rate of Overtime for Creative Glass.

 

All other specialist works E.G. Electrical, is responsibility of Client, unless otherwise stated.

Creative Glass cannot accept any responsibility for specialist works such as Electrics, Plumbing etc as we are not suitably qualified.

We will try and assist within our specialism, however it is the Clients responsibility to have electrics, plumbing etc tested by a qualified professional such as an electrician,  plumber before use.

 

Glass Doors and Fixed panels supplied in 12mm thick toughened glass with exposed edges polished, it is not possible to fully draughtproof such assemblies.

 

Glass is measured allowing tolerances for installation, processed glass is cut and processed in accordance with GGF tolerances and recommendations, Toughened Glass will have varying degrees of surface distortion, caused by this heat based process.

 

All cut-outs in the floor for Floorspring Boxes are the responsibility of the Client.

 

Please check that we have interpreted your drawings and instructions correctly, as differences in detail or size after site inspection, may require revision to our quoted price. All Quotations and Orders received are subject to Creative Glass & Mirrors Ltd. Terms & Conditions of Sale.(see attached)

 

Glass Bends

In accordance with Industry Standards, the Tolerances on Glass Bends are +/- half the thickness of the glass to a maximum of +/- 6mm.Toughened Glass is subject to surface distortion as outlined above.

 

The fixed panel to be set in aluminium U channel to fit your suitable recessed cut-outs to the floor, walls and soffit.

 

Laminated Glass

Size variations are in accordance with Glass and Glazing Federations Standards.

The process often uses clear tape around the outside edges (and any holes requested); this junction between the tape and the resin creates a visible minimal shadow line, and can also cause minor bubbles in this margin. Minor bubbles can also be present in the body of each panel, but should not exceed two per square metre. Slight distortion to transmission can be evident through the processes of laminating and toughening, Site inspection should be from a distance of 3m.

 

Decoration / Redecoration.

Creative Glass cannot be held responsible for Decoration/Redecoration of immediate work area, all efforts will be made to clean the work area and leave it in a clean condition.

 

Colour Coated Glass

Due to the iron content naturally found within glass we cannot guarantee exact colour matches. However we will endeavour to match any colours or samples received as precisely as possible.

 

To reduce the amount of iron content and when using lighter colours we would recommend using Low Iron glass. This will ensure a more accurate colour match. Low iron may be subject to additional costs at the time of ordering.