In these Terms and Conditions (“the Terms”) the following words shall have the following meanings:
“Company” shall mean MyColourGlass of 12 Poplar View, East Lane Business Park, East Lane, Wembley, HA9 7RD and also referred to herein as ‘us’ ‘we’ and ‘our’.
“Customer/Buyer” shall mean any person, firm or company to whom the Company supplies Product(s) and/or Services whether directly or indirectly such as an architect acting on behalf of a client and also referred to herein as ‘you’ and ‘your’.
“Estimate” shall mean a document produced by the Company and issued to the Customer including specification(s) and price(s) for supply of Product(s) and/or Services to the Customer.
“Specification” shall mean the detailed description in words or drawings or both of any Product(s) supplied by the Company and as contained in any Estimate issued by the Company.
“Order” shall mean a document produced by the Customer and issued to the Company for the purpose of procuring supply of Products and/or Services from the Company.
“Products” shall mean float or toughened glass panels, bespoke coloured or decorative glass panels, shower doors, shower enclosures and bath screens, internal glass doors and glass screens plus related hardware and fittings which are supplied by the Company.
“Services” shall mean only services related to Products supplied by the Company.
“Site” shall mean the particular address or building(s) or specific location(s) within a building or buildings to which Goods and/or Services are supplied by the Company to the Customer.
“Clause” shall mean clause of these Terms and Conditions unless the context shows a contrary meaning.
2.1 The Terms shall apply to all glass Products / Services and related hardware manufactured supplied installed or delivered by the Company to the Customer.
2.2 The Terms set out the entire agreement between the Company and the Customer. All Orders are placed under these Terms alone and no variation to any Clause shall be applicable unless agreed by a Director of the Company in writing prior to the Company’s acceptance of the Order.
2.3 The variation by the Company of any single Clause or multiple Clauses of the Terms does not imply the waiving of any other Clauses or the rights conferred thereby.
2.4 These Terms and Conditions exclude any other terms and conditions inconsistent therewith which a Customer may seek to impose on the Company whether such other terms and conditions are submitted with an Order or issued to the Company at any prior or subsequent time to the issue of an Order and/or which may purport to exclude or supersede any Clause by way of alternative wording in any offer acceptance or counter offer made by the Customer.
2.5 If either party has a right conferred by the other party’s failure to comply with any obligations under the Terms and elects to delay exercising that right such delay is not a waiver of that right or any other right.
2.6 It is the responsibility of the Customer to familiarise themselves with these Terms. No claims will be accepted by the Company for any failure of the Customer in this regard.
2.7 The failure of any Clause or Sub-Clause of these Terms in law shall not invalidate the remaining Clauses or the provisions thereof which will continue to apply and remain enforceable to the maximum extent permitted by law.
2.8 These Terms are governed exclusively by the laws of England and Wales. In the event of any dispute all parties agree to the sole jurisdiction of the English courts.
3.1 Estimates prepared by the Company are based on our interpretation of the drawings and/or written description provided by the Customer or the Customer’s representative. It is the responsibility of The Customer to check the Estimate for accuracy and no claims will be accepted for any failure to check the documentation.
3.2 Estimates will include a lead-time for manufacture which is, as far as we can determine from the information available to us at the time, an accurate indication of how long we expect your order to take from acceptance to completion, being either Delivery or Installation. The Company shall use all reasonable endeavours to supply the Products within the estimated lead-time but from time to time circumstances outside our control may delay completion.
3.3 The submission of an Estimate by the Company shall not to be construed as a recommendation that the prevailing Site conditions are suitable for the fitting of any product offered by the Company. Responsibility for assessing Site suitability rests absolutely with the Customer and no claims will be accepted for any failure to undertake this assessment.
3.4 All Estimates are issued subject to Survey and/or Templating. We may need to amend our Estimate prices if it becomes evident at Survey that the nominated product is not suitable for the particular installation or if there are substantive differences between dimensions on Site and those detailed in the Estimate.
3.5 Estimates will include an allowance for taking Site measurements or production of Templates by the Company. Should any Order be issued subject to the provision of Site dimensions or Templates by the Customer, the Company accepts no responsibility for the accuracy of those dimensions or Templates or for the fit of the glass when delivered to Site. All costs incurred in replacing any glass that has been produced to dimensions or Templates provided by the Customer are recoverable by the Company, including for any necessary re-measure, production of new Templates and Installation costs.
3.6 All estimated rates for installation are based on all works being carried out during normal working hours, being 9.00 a.m. to 5.00 p.m. Monday to Friday. Any work requested outside these hours will be charged as overtime and will be a surcharge to the estimate prices.
3.7 Where estimates include a provision for Installation of any Product(s) by the Company, the Installation price is based on normal Site conditions and continuous uninterrupted working. If we encounter site conditions we could not have anticipated at time of Survey such as incomplete adjacent fixtures finishes or surfaces, or other trades working in the same space whilst we are attempting to install the glass, which extends the time for Installation or requires a return visit to complete the work which could otherwise have been completed, the Company will surcharge the Installation with an amount not exceeding the original Installation charge.
3.8 All shapes notches drilling and cut-outs in the glass are offered subject to feasibility at time of manufacture.
3.9 All Estimates are subject to these Terms and are open for acceptance for a period of 30 days only from the date thereon unless previously withdrawn.
4.1 Orders are to be made in writing, are to be on official letterhead or purchase order and must clearly display the estimate number to which the Order relates and also include full details of the Customer.
4.2 Any Order is subject to acceptance by the Company.
4.3 Correspondence regarding particular Orders will only be sent to The Customer or their nominated representative.
4.4 As soon as possible after receipt of an Order by the Company an Order Acknowledgement will be sent to the Customer.
4.5 The Order Acknowledgement is issued subject to Survey and/or Templating as per Clause 3.4.
4.6 Verbal Orders or verbal variations to Orders will not be accepted under any circumstances.
4.7 Changes to any Order must be confirmed by the Customer in writing. Manufacture will not commence until any alterations including any revised costings have been formally accepted by the Customer and any additional deposit or proforma payment has been made.
4.8 The placing of an Order will be deemed to be an acceptance of these Terms and any other terms contained within the applicable Estimate.
5. CUSTOMER’S OBLIGATIONS
5.1 To enable the Company to perform its obligations under these Terms the Customer shall:
5.1.1 fully cooperate with the Company;
5.1.2 in a timely fashion provide the Company with any information requested or reasonably required by the Company;
5.1.3 obtain all necessary permissions and consents which may be required before the commencement of the Services; and
5.1.4 comply with such other requirements as may be set out in the Estimate, these Terms or otherwise agreed between the parties.
5.2 The Customer shall be liable to compensate the Company for any expenses incurred by the Company as a result of the Customer’s failure to comply with any aspect of Clause 5.1.
5.3 Without prejudice to any other rights to which the Company may be entitled, in the event that the Customer unlawfully terminates or cancels the Products and Services detailed in the Estimate and agreed to in the Order, the Customer shall be required to pay to the Company as agreed damages and not as a penalty amounts as detailed in Clause 13 and the Customer agrees this is a genuine pre-estimate of the Company’s losses in any such case. For the avoidance of doubt, the Customer’s failure to comply with any obligations under Clause 5.1 shall be deemed to be a cancellation of the Products and Services and subject to the payment of the damages as set out in this Clause.
5.4 In the event that the Customer or any third party, not being a sub-contractor of the Company, shall omit or commit any act or thing which prevents or delays the Company from undertaking, complying with or completing any of its obligations under the Terms, then the Company shall notify the Customer as soon as possible and:
5.4.1 the Company shall have no liability in respect of any delay to the completion of any project;
5.4.2 if applicable, the timeframe for the project will be modified accordingly;
5.4.3 the Company shall notify the Customer at the same time if it intends to make any claim for additional costs.
6. PRODUCT SPECIFICATIONS
6.1 The Product(s) shall be required only to conform to the Specification in the Estimate. For the avoidance of doubt no description, specification or illustration contained in any product brochure or pamphlet or other sales or marketing literature of the Company and no oral representation or statement shall form part of these Terms.
6.2 In the event of any change to Product specification or substitution of any materials or components or variations to quantities or dimensions by the Company, any such change substitution or variation will not materially affect the performance of the Product(s) and the substituted materials or components will be of a quality equal to or superior to those originally specified.
6.3 Returns due to material supplied within normal manufacturing tolerances will not be accepted under any circumstances. Our standard cutting and machining tolerance is +/-2mm. Notches and cut outs will have internal radius corners equal or bigger than the glass thickness. Notches / Cut outs on CNC processed glass will have internal radiuses of 20mm. If the glass is cut to a template or is oversized (longer than 3000mm), tolerances can vary and the tolerances are +/-4mm
7. ALTERATIONS TO THE SPECIFICATIONS
7.1 The parties may at any time mutually agree upon a revised Specification for any proposed Product(s). Any alteration in the scope of Product(s) and/or Services to be provided under the Terms shall be set out in a revised Estimate or other contract document which shall reflect the changed Product(s) and/or Services, the price change and any alteration to the delivery date.
7.2 The Customer may at any time request alterations to any Specification by notice in writing to the Company. On receipt of the request for alterations the Company shall, as soon as possible but within a maximum of five (5) working days advise the Customer by notice in writing of the effect of such alterations, if any, on the price and delivery date.
7.3 Where the Company gives written notice to the Customer agreeing to perform any alterations to the Specification, the Customer shall, as soon as possible but within a maximum of five (5) working days of receipt of such notice, advise the Company by notice in writing whether or not it wishes the alterations to proceed.
7.4 Any such agreed changes, including to price and delivery date, will be performed by the Company under these Terms and paid by the Customer as if part of the original agreement.
8. SURVEY and TEMPLATING
8.1 Surveys and/or Templating visits will only be booked after receipt of an official Order and payment of the deposit or proforma invoice (where applicable) has been received.
8.2 The Company will endeavour to carry out a Survey visit within five (5) working days of being notified that the Site is ready for Survey or Templating. The Customer or an authorised representative must be present during Survey who can discuss and agree any changes that may be required to the Specification of the Product(s) as coverage, size, joints, etc.
8.3 Surveys are undertaken and/or Templates produced to enable manufacture of the Product(s). Specifically, the Survey is to measure the Site for the glass. Our Surveyors may be able to offer advice with respect to particular fixing details alignments and surface finishes but not with respect to the specific construction or integrity of any related fixtures or walls and the Company shall have no liability in this regard.
8.4 All Templates must be signed and dated by The Customer before any manufacture is undertaken. It is the responsibility of the Customer to ensure that an authorised representative is available to sign the Templates. The Company will not be responsible for any delays occasioned by the failure of the Customer to sign the Templates and additional costs may be applied if we need to return to Site to facilitate this process.
8.5 Surveys and/or Templating can only be carried out when all related fixtures and fittings: appliances, cabinets electrical switches and sockets, telephone points, utensil racks, and (where applicable) worktops and taps (kitchen); bath and wall-mounted tapware and/or showerhead, bathroom accessories, shaver sockets, shower tray and all shower fittings, plus any fitted bathroom furniture are in place to at least first fix stage and wall surfaces are prepared or completed. The Company will not estimate or ‘guess’ the position of any fixture. Manufacturer’s paper templates should be made available to the Company for sink and basin cut-outs in glass worktops. All surfaces/carcasses must be complete, flat and level. The final level of the glass can only be as good as the level of the units underneath.
8.6 It is the Customer’s sole responsibility to ensure suitability and readiness of the Site for Survey. If the Company is instructed to attend Site for the purpose of carrying out a Survey or to produce Templates and the required fixtures and/or surfaces are not in place or completed, a further charge will be made for the return visit to carry out the Survey in due course.
8.7 If any fixtures or fittings as detailed in Clause 8.5 are moved or wall surfaces changed once Templates have been produced the Company will charge for a further Survey visit to produce new Templates and for any glass panels that have to be remanufactured plus any extra installation costs. The additional costs will be advised to the Customer and will require formal agreement before any additional works are undertaken.
8.8 In some cases gas / electric hobs / taps must be disconnected but available on site on date of fitting. We do not include removing/fitting them in your price.
9.1 The normal lead-time for manufacture of the Product(s) is 2 weeks from date of Survey but in exceptional circumstances we may be able to reduce this lead-time. The number of processes involved in the manufacture will affect the lead-time and more detailed or complex Product(s) will take longer. The Company will not guarantee a delivery date for any Product(s).
9.2 It is the responsibility of the Customer to consider our stated lead-times and to plan their works programme and schedule accordingly. The Company will not be held responsible for delays to or problems of scheduling where the lead-time falls outside your completion date or where the time you have allowed for the project has not considered our lead-time. In our experience ‘rush jobs’ are more prone to error and generally take longer.
9.3 No manufacture will commence until all paperwork is finalised. Colour samples must be signed off and agreed prior to manufacture. Changes to glass specifications or colours after Survey will extend the lead-time and may affect the cost.
9.4 Some specialised Product(s) may take longer to produce than indicated initially on the estimate. Most Product(s) supplied by the Company are sourced locally, however we do use some suppliers that are more distant. These suppliers will have provided an indicative lead-time when we received your enquiry but several factors may affect that lead-time, including delivery delays, when we subsequently receive your Order. We will notify you of any unforeseen delays when we receive confirmation from our suppliers.
9.5 Time for manufacture of any bespoke glass Product(s) is not of the essence.
10. COLOURS / VISUAL QUALITY
10.1 The Company offers a standard range of colours, but can generally match any Dulux, Pantone or RAL colour. We also offer a colour matching service free of charge.
10.2 The Company will use all reasonable endeavours to match as closely as possible any requested colour. We may also supply colour samples for approval prior to manufacture of any colour-backed glass Product. Small glass samples will appear slightly lighter than the finished Product(s) due to extra light onto the coloured surface through the edges of the glass. Samples and finished Product(s) will also be very slightly different from our printed Colour Chart due to the different processes involved.
10.3 The Company offers two main glass types for colour-backed glass Product(s): standard clear float glass containing iron particles giving the glass a slight green tinge and low iron glass which is almost completely clear. The green colour of standard float glass will alter the finished appearance of any applied colour coating; low iron glass will give much greater colour purity of the finished Product(s).
10.4 Colours are affected by lighting. Adjacent panels lit differently may appear to be different colours. We strongly recommend that samples are viewed under final lighting conditions as far as possible. When assessing surface faults the panel is to be observed from a distance of 3 metres under normal daylight conditions as per GGF guidelines. Angle of observation is to be 90 to the glass surface. I.e. normal incidence
10.5 The toughening process will inevitably result in a product whose optical quality is lower than that of a panel from which it was produced. Surface distortion is produced by a reduction in the surface flatness which can be seen particularly in reflection. This can be exacerbated when the glass used is body tinted, or surface coated (including post toughening coating i.e. back painting) With horizontal toughening due to the directional nature of the process, the distortion may take the form of bands approximately 250/300mm apart. These distortions can be made more visible by applying a back coating of paint, which will increase as the paint colour becomes darker. I.E those panels with a coating of black paint will reflect these distortions more than a panel with a white painted coating.
10.6 The number, size and distribution of seeds, bubbles, etc are defined for the glasses under consideration in the appropriate parts of BS952. No change will occur as a result of the toughening process. Assessment of body faults should be undertaken using the method/criteria given for the basic glasses in the appropriate parts of BS952. The number, size and distribution of scars, scratches, etc are defined for the glasses under consideration in the appropriate parts of BS 952. Change may occur as a result of the processes involved. E.g. cutting, edge working etc, in the manufacture of toughened glass.
10.7 A panel is deemed to be acceptable if surface faults, e.g scars, scratches, etc are not readily visible when viewed in transmission. As with surface distortion, should a panel have a coating to 1 side, then any surface faults on that side may become more visible as the colour gets darker. Please note that glass panels that are smaller than 70mm cannot be polished and the edges will not be treated. Bubbles in laminated glass will be deemed to be acceptable provided that they do not exceed 4mm in diameter and spaced more than 250mm in any direction. Seeds (impurities in the glass when manufactured) will be deemed acceptable proving they are no larger than 3mm in diameter or shape.The paint colour could be distorted by the green tinge due to the presence of iron oxide found naturally in the raw materials used to produce glass. This tint becomes more visible as glass gets thicker. Light colours are most susceptible to this, while the impact is minimal on dark colours.
11.1 When all Product(s) which are the subject of an Order have been manufactured or received the Company will contact the Customer or the Customer’s representative to arrange Delivery (supply-only Orders) or Installation. Split deliveries are not normally possible to avoid loss or damage to individual items or components left on Site. The Company may at its sole discretion decide to undertake part deliveries under certain circumstances.
11.2 All deliveries for supply-only Orders are chargeable at the rate shown in your Estimate.
11.3 Specific delivery times are not available although we will generally indicate AM or PM to assist your planning. Many factors outside our control affect delivery times and we cannot guarantee to meet our scheduling although we can arrange for our drivers or installers to contact you when in close proximity for you to make arrangements for access. The Company does not accept liability for any costs or damages including direct indirect or consequential losses arising out of late delivery of any Product(s) whether such delivery is by our own transport or a third party delivery.
11.4 Deliveries will be made to the Site address, unless previously advised otherwise. Late changes to the delivery address may affect the pre-arranged delivery date and can incur additional costs. All deliveries are kerb only and customer is to arrange unloading.
11.5 The Customer must give the Company at least two (2) days notice (our transport) or five (5) days notice (third party delivery) if a pre-arranged delivery date needs to be changed. Failure to meet this provision will result in an additional delivery charge which must be paid before a further delivery date can be arranged.
11.6 Where Product(s) are available for delivery and The Customer wishes to delay delivery by more than five (5) working days we will store the goods at your risk. The balance of the Order value minus the installation charge then becomes due and payable. The Company will undertake to store deliverable Product(s) for up to one (1) calendar month from the original delivery date and reserves the right to charge storage fees at a daily rate dependant on the size and value of the stored Product(s). Any such storage charge must be paid before the Product(s) can then be released from our warehouse for delivery. We reserve the right to destroy any items not collected after 1 (one) calendar month.
11.7 It is the responsibility of the Customer to provide adequate handling time plus easy and close access and safe secure storage space on Site for the Product(s). For supply-only Orders a Delivery Note will be sent which must be signed by an authorised signatory to confirm safe receipt of the Product(s). If no authorised signatory is available the Product(s) will be returned to the Company’s warehouse and a further delivery must be arranged which will incur an additional delivery charge.
11.8 All risk in the Product(s) shall pass to the Customer upon delivery.
11.9 The Product(s) must be inspected on delivery and any damages and/or shortages identified to the driver and detailed on the Delivery Note. No shortage, faulty or damaged goods claims will be recognised unless identified to the driver at time of delivery. ‘Not checked’ on the Delivery Note is not acceptable in the event of a subsequent claim.
12. FITTING / INSTALLATION
12.1 All Installations will be scheduled during normal working hours, being 8.00 a.m. to 5.00 p.m. Monday to Friday. Any works requested to be undertaken outside of these hours will be charged as overtime, unless specifically detailed otherwise in the Estimate or any subsequent documentation and agreed by the Company. All requests for overtime must be in the form of a written site instruction from the Customer submitted prior to any overtime being worked. Weekday overtime will be on day rates at time and a half per hour; Saturday will be charged at time and a half per hour all day, with a minimum chargeable time of 8 hours; Sunday will be as Saturday but charged at double time per hour.
12.2 The time allowed for any Installation assumes normal Site conditions. If we encounter site conditions at Survey or Installation that we could not have anticipated at time of Estimate, such as fixing through stone or vitrified tile wall cladding which extends the time for Installation or requires specialist equipment for the Installation, the Company reserves the right to surcharge the Installation price.
12.3 The time allowed for any Installation assumes free and uninterrupted access to the Site. Additional time on Site to complete an Installation due to factors outside the control of the Company will be chargeable, including where other trades are working in the same space whilst we attempt Installation.
12.4 The Company does not accept responsibility for any cables water pipes or other services that may be present in any walls surfaces or fixtures to which we are fitting or fixing glass. Any damage that may be occasioned to these services is the sole responsibility of the Customer and if as a result of any such damage the Installation has to be delayed or aborted additional Installation charges will be applied.
12.5 The Company does not undertake any electrical or plumbing work. Prior to Installation, all electrical fittings must be removed from the walls and the cables isolated; water supplies must be turned off and all fittings removed. Should we arrive on Site to find that this has not been undertaken the Installation will not proceed and a further full Installation charge will be applied.
12.6 When splashbacks / upstands are to be fitted we can take no responsibility for the curvature & alignment of the walls. Glass will not bend therefore there may be gaps behind the splash-backs when fitted. These gaps can easily be filled with painters cork but we take no responsibility for filling these gaps.
12.7 Where full height splash backs between worktops and cupboards or hob splash back between worktops and extractor unit are required we are unable to make these fit with no gaps. A certain amount of tolerance is required to fit these items as to avoid damage to the underside of the cupboard or extractor unit.
12.8 Tolerance for cupboards is usually around 2-3mm and anything up to 5-6mm for extractor units with curved glass. This is needed to avoid damage to the glass due to any heat expansion. Our fitters will try to keep any gaps at the bare minimum to ensure the best fit possible.
12.9 All dimensions quoted are nominal and no liability is accepted for reasonable variations of whatsoever nature. It is an accepted practice in the glass industry that the tolerances are 3mm plus or minus.
12.10 We accept no liability for problems caused by additions or alterations to the furniture or appliances etc after templating has taken place.
12.11 Where jointing of materials is necessary, an exact jointing material colour is unavailable. We usually use clear silicone. Therefore, jointing lines will always be noticed. NO CLAIMS ON THESE ACCOUNTS CAN BE MADE
12.13 Upon completion of fitting you or your representative will be asked to sign a job completion form to say that you accept the workmanship and quality of your glass and service and that they meet your requirements. The form must be signed or reasons given so the fitter can rectify the situation immediately and the satisfaction note can be signed.In signing the form you are agreeing that the job we have been contracted to do, has been completed fully (excluding any additional notes) and to your satisfaction. Any problems will be rectified immediately and no liability will be accepted for any problems that may arise after this document has been signed. In the event that a you or a trusted representative is not present we will deem the job completed.
13.1 All the Product(s) supplied by the Company are bespoke. Once an Order is placed and accepted by the Company there is ‘No Right to Cancel’. Cancellation of any Order prior to manufacture will result in forfeiture of the deposit or proforma payment. In the event that Product(s) have been manufactured the Company will require payment in full in accordance with the Order value, less any Installation charge.
13.2 For the avoidance of doubt, manufacture will be deemed to have commenced within 48 hours of Survey.
14. PRICES / CHARGES
14.1 All prices for supply of Product(s) and Services are those ruling as at the Estimate date.
14.2 Unless stated otherwise in writing, all Product prices quoted are net, exclusive of VAT and in the case of supply-only Product(s) ex works.
14.3 The Company reserves the right at any time prior to Order to adjust prices to take account of any increase in the cost of raw materials or labour (charged per hour per person)or currency fluctuations affecting the cost of imported materials or services.
14.4 Survey charge is not refundable.
14.5 There are minimum area charges (usually 0.25sqm), which vary according to the goods ordered. Ovals, circles, or irregular shapes
will be charged the full rectangular area from which they are cut and surcharges will apply to such goods. Prices are determined by reference to rounded metric measurements to two decimal places.
14.6 Extra labour is charged at rate of £60+VAT per hour per person (hob, extractor, tap removal, etc)
14.7 Revisit charge is charged at rate of £120+VAT
14.8 In most cases initial cost is based on rectangular panels being supplied unless stated otherwise. e reserve Any panels with deflections might incur 20% surcharge.All other shapes are priced on request.
15. PAYMENTS and PAYMENT TERMS
15.1 Payment terms are as detailed in the Estimate: Settlement of proforma or deposit invoices is required prior to arrangement of Survey and instruction to manufacture. We reserve the right to adjust prices to take into account survey information. The Customer agrees to accept and pay interim invoices /applications as work proceeds as stipulated by the Company. Balance invoices are due for payment upon application, unless expressly agreed otherwise in writing by a Director of the Company prior to Installation. We reserve the right to debit balance payments. Balance invoices for full service are due for payment as listed below.
Payment 1)50% of the balance payable before glass goes in production
Payment 2)50% of the balance payable when glass is ready. Clear funds needed before installation date.
15.2 The Company may offer a 30-day account to qualifying companies. For account Customers, payment is due within 30 days from receipt of invoice following Delivery of any Product(s) or completion of any Installation. Non-compliance with the Company’s terms of payment shall constitute default without reminder.In case of default the Company may charge interest at the rate of 1.25 per cent per month from the date upon which the payment falls due.In the event that the Customer shall fail to fulfil the terms of payment in respect of any notice the Company may in its sole discretion demand payment of all outstanding balances whether due or not and/or cancel all outstanding order and/or decline to make further deliveries and perform further services except upon receipt of cash or satisfactory security.Except where the laws relating to bankruptcy and liquidation provide otherwise the Buyer shall not be entitled to withhold or set off payment for goods delivered or services performed by virtue of any debt claim or allegation.
15.3 In the event of any supply by the Company of Product(s) and Services for which staged or periodic payment terms have been agreed, the Company reserves the right to halt or delay supply without penalty in the event that any such staged or periodic payments become overdue.
15.4 Time of payment shall be of the essence of any Contract. For a Customer with an account, payment is due on or before the day due as per the credit terms agreed. If the Customer makes default on payment, payment in respect of all goods delivered but not paid for shall immediately become due and payment in respect of any goods delivered during the continuance of any such default shall become due immediately upon delivery.
15.5 Customers who do not hold an account will be required to pay the whole purchase price of the goods before the goods are manufactured and/or delivered.
15.5 Part payments will not invalidate any Clause of these Terms or any rights conferred on the Company thereby.
15.6 We do not accept withholding of payments for any reason including retention payments, discounts and any kind of performance bond etc
15.7 If the Customer fails to make any payments when due we may, at our option and without prejudice to any other rights or remedies which we may have under the Contract or otherwise, suspend further deliveries and the processing of new orders, until payment is made or terminate the Contract.
15.8 The Customer may at any time suspend the performance of its obligations under any Contract until the Company is satisfied that the Customer is able to pay, or has given security for payment, for the goods.
15.9 DEBIT / CREDIT CARD BILLING
You may be asked to provide us with a debit / credit card number from a card issuer that we accept in order to accept your order. You hereby authorize MyColourGlass to charge and/or place a hold on your credit card with respect to any unpaid charges for orders. You authorize the issuer of the credit card to pay any amounts described herein without requiring a signed receipt, and you agree that these charges are to be accepted as authorization to the issuer of the credit card to pay any amounts described herein without requiring a signed receipt, and you agree that these charges are to be accepted as authorization to the issuer of the credit card to pay all such amounts. You authorize MyColourGlass and/or any other company who bills products or services, or acts as billing agent for MyColourGlass to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to your credit card until such amounts are paid in full. You agree to provide MyColourGlass with updated debit / credit card information upon MyColourGlass’s request and any time the information you previously provided is no longer valid. You acknowledge and agree that neither MyColourGlass nor any MyColourGlass affiliated company will have any liability whatsoever for any non-sufficient funds or other charges incurred by you as a result of such attempts to charge, and/or place holds on, your debit / credit card
16. TITLE / RISK / DELIVERY
16.1 Notwithstanding the earlier passing of risk (Clauses 10.6 and 10.8), title in the products remains vested in the Company and shall not pass to the Customer until the Company has received payment in full of all amounts due, including any applicable interest and costs. Until the passing of title, the Customer shall hold any Product(s) received as bailee for the Company.
16.2 The Company may at any time before title passes and without liability to the Customer repossess dismantle use or sell any or all of the Product(s) and by doing so thereby terminate the Customer’s right to hold use sell or in any other way deal in the Product(s). For this purpose or for determining what Product(s) if any are held by the Customer or to inspect any such Product(s), an officer or authorised representative of the Company may enter any premises of or occupied by the Customer without penalty.
16.3 Unless stated elsewhere to the contrary, risk in any Product(s) passes to the Customer on Installation, Delivery or collection from the Company’s premises as the case may be.
16.4 Delivery shall unless otherwise agreed, be at Customer’s normal place of business. The Company reserves the right to choose the form of transport for the goods and the composition of the consignment load.
16.5 Any time specified for delivery is given as an estimate only and shall not constitute a contractual obligation. No loss or damage shall be attributed to any delivery that has not been effected by any such date.
16.6 Where Customer fails or declines to take delivery of goods on the date specified for delivery or if no date is specified when goods are ready and available for delivery, Company may give seven days notice to Customer upon the expiration of which the goods shall be deemed to have been despatched and delivered
16.7 If Customer establishes to the satisfaction of Company (acting reasonably) that goods have been damaged in transit or that the consignment of goods is incomplete or incorrect and Customer has given Company written notification (other than on the carrier’s delivery document) of such damage or shortage within 24 hours of delivery, Company will replace such goods or credit Customer with the value thereof. Company shall be permitted a reasonable opportunity to inspect any damaged consignment. When the Company is delivering the goods with its own transport, glass has to be inspected for scratches and chip edges before signing the delivery note. No liability for these defects will be accepted after a delivery note is signed.
16.8 On arrival of the goods at the place of delivery Customer shall promptly provide unloading facilities and, when the goods are ready to be unloaded, shall unload the goods promptly. Company shall be entitled to recover from Customer all and any costs and expenses incurred as a result of Customer’s failure to do so. Any assistance given by Company or its agents in respect of any unloading is entirely at Customer’s own risk. The use of any distribution equipment within or outside Customer’s premises following unloading is at Customer’s risk
16.9 Company shall have no liability for any loss or damage to goods in transit when Customer has signed the delivery note or, other delivery documents as received in good condition.
16.10 Customer shall not be entitled to reject any goods on the grounds that they have been delivered in incomplete quantities.
17.1 All Product(s) and their component parts supplied by the Company are generally warranted free from defects in design, workmanship, construction or materials for a period of 1 year from date of Delivery or Installation. Company warrants to Customer that goods shall conform to appropriate product standards published by the European Committee for Standardization or British Standards Institute (where applicable), or otherwise to recognised industry standards defined and published by the Glass and Glazing Federation, 44-48 Borough High Street, London SE11XB.
17.1.1 Plastic sealing profiles fitted to glass shower screen products carry a 12-month warranty. After that time, replacements can be supplied for a nominal charge.
17.1.2 Shower enclosure products are not 100% leak-free. Water, especially pressurised water sprayed directly on hinge and seal components may leak.
17.2 The Company warrants that the Services performed under these Terms shall be performed using reasonable skill and care and of a quality conforming to generally accepted industry standards and practices.
17.3 Except as expressly stated in these Terms, all warranties whether express or implied, by operation of law or otherwise, are hereby excluded in relation to the Product(s) and Services to be provided by the Company.
17.4 No warranty will be enforceable until the Company has received full payment for Product(s) installed as detailed on any invoice.
18. LIMITATION OF LIABILITY
18.1 The Company shall have no liability for any of the following:
18.1.1 Product defects resulting from fair wear and tear, neglect, accident, improper use or use contrary to any instructions or advice provided by the Company.
18.1.2 Any Product(s) not installed by the Company.
18.1.3 Product(s) that have been adjusted, modified or repaired in any way other than by the Company’s own installers.
18.1.4 Suitability of the Product(s) for any particular use or conditions, whether or not any such use or conditions were known to the Company.
18.1.5 Substitution by the Customer of any items, materials or components not forming part of the Product Specification produced by the Company.
18.1.6 Substitution of any Product(s) or parts thereof provided always that any such substituted materials or components do not materially affect the characteristics or performance of the Product(s) and that any such substitution is of equal or higher quality to those originally specified.
18.1.7 The accuracy of any dimensions or templates supplied to the Company by the Customer.
18.2 In no event shall the Company be liable to the Customer for any direct indirect or consequential loss or damage whatsoever arising from any negligence or breach of any statutory or other duty or resulting from or in connection with the performance alleged performance or failure to perform by any of the Company’s employees, agents or sub-contractors under these Terms except where expressly stated to the contrary.
Either party may terminate any agreement under these Terms forthwith by notice in writing to the other if:
19.1 the other party commits a material breach of the Terms and, in the case of a breach capable of being remedied, fails to remedy it within thirty (30) calendar days of being given written notice from the other party to do so;
19.2 the other party commits a material breach of the Terms which cannot be remedied under any circumstances;
19.3 the other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect;
19.4 the other party ceases to carry on its business or substantially the whole of its business; or
19.5 the other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.
20. INTELLECTUAL PROPERTY RIGHTS
All Intellectual Property Rights produced from or arising as a result of the performance of these Terms shall, insofar as not already vested, become the absolute property of the Company and the Customer shall do all that is reasonably necessary to ensure that such rights vest in the Company by the execution of the appropriate instruments or the making of agreements with third parties.
21. FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lockouts, accidents, war, fire, an act or omission of government, highway water or drainage authorities or any telecommunications carrier, operator or administration or other competent authority, or the delay or failure in manufacture, production or supply by third parties of equipment or services and that party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.
22. INDEPENDENT CONTRACTORS
The Company and the Customer are contractors independent of each other and neither has the authority to bind the other to any third party or to act in any way as the representative of the other, unless expressly agreed in writing by both parties. The Company may, in addition to its own employees, engage sub-contractors to provide all or part of the Services being provided to the Customer and such engagement shall not relieve the Company of its obligations under these Terms or any other terms from the applicable Estimate.
23.1 The Customer is not entitled to assign its rights or obligations or delegate its duties under these Terms without the prior written consent of the Company.
23.2 The Company may in its absolute discretion assign all or part of any invoice(s) to a third party, to whom payment must then be made by the Customer.
24.1 Any notice to be given by either party to the other may be served by email, fax, post or personal service to the address of the other party given in the Estimate or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary be proved be deemed to be received on the day it was sent, if sent by fax shall be deemed to be served on receipt of an error-free transmission report, if given by letter shall be deemed to have been served at the time the letter was delivered personally or if sent by post shall be deemed to have been delivered in the ordinary course of the post.
25. HANDLING, STORAGE & MAINTENANCE
25.1 When handling the glass ensure that precautions are taken to handle safely, use suitable gloves and protective equipment as required. Care must be taken to ensure the glass is not impacted by any objects whilst being carried, particularly on the edges which are most vulnerable.
25.2 Special care must be taken to protect the glass from impact damage and the glass should be stacked on the edges and on strips of wood or other suitable material which is relatively soft. Spacers should be applied to the surface of the glass to prevent face to face contact.
25.3 Glass products should be washed and cleaned using a non-abrasive cloth to avoid scratching and clean water or a standard glass / window cleaning product. Sharp or abrasive products should not be used to clean glass. The use of oil based cleaners or applications must be avoided.
25.4 Whilst the surface of the glass may be protected with Ritec® Clear Shield (if requested at order stage) it is important that the surface is not abraded which could affect the integrity of the clear shield
26.1 Where goods are ordered in accordance with the designs drawings and specifications or samples furnished by the Customer, the customer shall indemnity the Company against all liability or alleged liability in respect of any patents registered trademarks or any other rights of third parties arising out of the manufacture sale or use of such goods and against all claims demands proceedings damages costs and expenses arising in respect of such liability or alleged liability
27. NO THIRD PARTIES
27.1 Nothing in these Terms is intended to, nor shall it confer any rights on a third party.