- SCOPE OF CONTRACT:
1.1 The following terms govern the legal situation between any Company within the Thermaglaze Group Limited (“the Company”) and the Customer and are part of the agreement and order and unless otherwise stated include by implication the appropriate provision of the Sales of Goods Acts 1883 and 1979, Supply of Goods (implied Terms) Act 1973; The Supply of Goods and Services Act 1992; the Consumer Protection Act 1987 and such relevant legislation as shall from time to time be in force, including the rights of the Customer under such legislation subject to variations set out hereafter.
1.2 The terms set out overleaf and below, together with any specification referred to overleaf and, where applicable, the final survey sheets comprise all the terms of the Contract between the Company and the Customer. No other statement, written or verbal, including statements in any brochure or promotional literature of the Company, shall be incorporated into the Contract or have any legal effect save as otherwise provided herein.
1.3 No employee or agent of the Company has any authority to vary these terms verbally, or to make any representation on behalf of the Company as their effect. No addition or variation of these terms shall be binding on the Company unless in writing and signed by a duly authorised officer of the Company.
1.4 Showroom samples, brochures and photographs are intended as a general guide to the functioning of a typical unit and the materials used. The units specified in the schedule to the Contract will be manufactured according to the published specification but, pursuant to the Company’s policy of continuous improvements to its products, it reserves the right to modify such specifications from time to time.
1.5 The Company reserves the right to make any changes in the specification of the Goods which are required to conform to any applicable safety or other statutory requirements.
1.6 It is hereby agreed and declared that this agreement is neither a hire purchase agreement nor a credit sale agreement.
2.1 It is the responsibility of the Customer to obtain all relevant and necessary approvals, including but not limited to any deed of covenant or landlord approval and/or those from local authorities in respect of building regulations, planning permission, alterations to listed buildings or alterations carried out in a conservation area. The company cannot be held responsible for any delay in completion of the Contract arising from the Customer’s failure or delay in obtaining any of the above.
2.2 Any additional work to be found to be necessary subsequent to this Contract being entered into in order to obtain or comply with any statutory or other approval or consent will (if undertaken by the Company) be subject to a variation of Contract adjustment and notified and charged to the Customer accordingly.
3.1 Delivery dates are assessed and may be confirmed after survey following notification to the manufacturer and not at the point of sale. Sales personnel will not know the fitting workload of the Company’s approved installers and can therefore only give estimates.
3.2 Delivery and/or Installation dates suggested and marked overleaf are estimates only and subject to written confirmation by the Company and its approved installers. Whilst the Company will use its best endeavours to affect delivery and arrange for the completion of the Installation by estimated dates, the Customer shall not be entitled to terminate this Contract by reason only of the Company’s failure to affect Delivery or ensure Installation by the estimated dates.
3.3 The Company in any event shall not be liable for any loss whatsoever caused to the Customer arising from or consequential upon a delay to the installation of Goods.
4.1 The Company will arrange for its approved installers to carry out only the work listed on the Contract and final survey sheet.
4.2 The Purchaser will permit the Company, its agents, employees and contractors access to the Installation site at all reasonable times so that the Company may ensure the completion of the Installation between the hours of 8.00am and 5.00pm.
4.3 The Company nor its agents, employees or contractors will be in any way responsible for structural defects existing in the property at the time of the commencement of Installation and which become evident as a result of such Installation.
4.4 The Company will not accept liability for imperfections of a minor or insignificant nature.
4.5 The Company will arrange for its approved installers to rectify any damage to plastering caused during Installation to the areas close to and surrounding the items being replaced, but cannot undertake to match exact finishes such as external rendering. In any event all works will only be carried out in preparation for decoration.
4.6 The Company will ensure the utmost care is taken when removing windows and doors where tiling has been fitted up to the windows or doors, but can take no responsibility or liability for damaged tiles which break under flexing when removing windows and doors.
4.7 It is the Customers responsibility to remove and replace curtains, blinds and pelmets. The Company will not be required to remove existing fittings and materials so that they may be capable of re-use.
4.8 The Company will not remove or alter any alarm cables or sensors; it is the Customers responsibility to arrange for the removal and refitting of these, either before or during Installation.
4.9 Under Telecom Regulations the Company is not permitted to remove telephone cables and junction boxes attached to existing window frames it is the Customers responsibility to arrange with a Telecom company for the relocation of these, either before or during Installation.
5.1 Goods delivered shall be at the Customers risk from the time that they are delivered.
5.2 The property in Goods delivered shall not pass to the Customer until the Customer has paid to the Company and its approved installers the full amount of the Price and any other sums due under the Contract.
5.3 The Customer hereby grants the Company, its approved installers, its agents and employees an irrevocable licence at any time to enter the Customers premises where the Goods are stored in order to recover such Goods where the Customers right to possession has terminated.
6.1 The Company reserves the right to cancel the Contract should its surveyor’s report prove unsatisfactory.
6.2 The Customer may serve on the Company a written notice of cancellation sent by recorded delivery within 7 days from the date of the agreement. If cancellation is made after this period then the Customer will be liable for the costs incurred by the Company up to the date of cancellation. This agreement shall be binding on the parties from the date hereof save and unless it has been terminated in accordance with these conditions or by existing State legislation.
7.1 All sealed glass units and UPVC Products are guaranteed against inherent defects (impact or accidental damage or misuse excepted) under the Terms of the Thermaglaze Group Limited guarantees, particulars of which are available from the Company upon request.
7.2 The Company does not guarantee that condensation will be eliminated.
- WARRANTIES & LIABILITY:
8.1 Subject to the conditions set out below the Company warrants that the Goods will correspond with their specification at the time of Delivery:
8.2 The Company shall be under no liability in respect of any defect of a minor or insignificant nature (in accordance with the guidelines laid down by the Glass and Glazing Federation) or arising from fair wear and tear, damage, negligence, abnormal working conditions, failure to follow the Company’s instructions (whether oral or in writing), misuse or alteration or repair of the Goods without the Company’s approval.
8.3 The Company shall in no way be held liable for any existing works or materials not supplied by any company within the Thermaglaze Group.
8.4 The Company shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the whole of the Price for the Goods has not been paid by the due date for payment.
8.5 The Company will not compensate or be held liable for any difficulties encountered in completing the works, and in any event any damages, compensation or any other monetary payment paid to the Customer either as an ex gratia payment or by court order shall not exceed actual loss.
- THE PRICE AND PAYMENT:
9.1 The price shall be the sum set out overleaf and shall be paid as follows:
(a) For all products supply and fit full payment is due on satisfactory completion.
(b) For all products supply only full payment is due on collection or delivery.
9.2 If payment is outstanding as per condition 9.1 hereof then the Company may charge interest on the outstanding amount at 8% per annum and attention of the customer is drawn to condition 8.3 hereof.
9.3 Payment may be taken in the form of cash, cheque, direct bank transfer and debit card.
9.4 If non-payment of the outstanding balance results in legal action being taken, the Customer will pay all legal costs incurred by the company, to affect all monies owed.
9.5 The Customer will allow reasonable access as set out in condition 4.2 hereof if access has not been made available for a period of 28 days then any outstanding balance will become due and payable regardless of completion.
If any provision of these conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these conditions and remainder of the provision in question shall not be affected thereby.