1. General - The following
terms and conditions of sale apply to all quotations, estimates, contracts and
sales made between Knights Glass (The Seller) and any customer or purchaser
(The Buyer) for goods or services supplied or provided by the Seller. Subject
to the provisions of the Unfair Contract Terms Act 1977 all prices for goods
or services are quoted on the basis that contracts entered into will be based
on these conditions. Any variation to these conditions must be negotiated by
the Buyer prior to the placing of any order. Any terms or conditions of
purchase on orders from Buyers will be of no legal effect insofar as they
conflict with the Seller’s terms and conditions of sale.
2. Establishment of Contract -
Any quotation or estimate given by the Seller is only an invitation to the
Buyer to make an offer, and no order shall become binding on the Buyer until
it has been accepted by the Seller in writing.3.
Prices - Unless otherwise agreed in writing on the
acceptance of order, any price quoted by the Seller or stated on a Buyer’s
order will be invoiced at the price ruling at the date of delivery of goods or
provision of service. Any delivery of goods or provision of service will be
subject to a minimum charge of £10 not including VAT. All prices quoted or
charged are exclusive of Value Added Tax which will be added at the rate
applicable at the date of invoice or tax point.
4. Delivery and Carriage -
Any indication by the Seller on a quotation or otherwise of a time for
delivery is not guaranteed and no liability will be accepted by the Seller for
late delivery. Unless otherwise stated on a quotation or acceptance of order,
carriage will be charged in addition to prices quoted or charged. Insurance
during carriage shall be effected as agreed between Buyer and Seller but in
the absence of any agreement insurance shall be the responsibility of the
Buyer.
5. Returns and Queries - All
queries on invoices must be communicated to the Seller within 21 days of the
date of invoice. In the event of goods being subject to damage or shortage the
Buyer shall give written notice to the Seller within 7 days of the receipt of
the delivery advice from either the Seller or the Carrier. All goods returned
are subject to a restocking charge and must be in the original packing.
Products in polished finishes, i.e. Brass, Stainless Steel & Gold cannot be
returned or credited once packings are opened.
6. Credit Accounts - All orders
from Buyers who do not hold an approved credit account with the Seller are
required to provide payment in full to accompany orders in advance of delivery
of goods or provision of services and payment must include all packing and
delivery costs.7. Alteration of Specifications
and Products - The Seller reserves the right to
change specifications or withdraw or add products and services from catalogues
and price lists without notification to Buyers unless otherwise agreed in
writing on acceptance of order.
8. Payment - Unless otherwise
agreed in writing prior to the placement of any order by the Buyer payment for
goods or services supplied shall be made in full not later than the end of the
month following the month of invoicing. Payment according to terms is of the
essence of the contract and in the event of non payment by the Buyer according
to terms the Seller reserves the right to withhold further deliveries of goods
or performance of services until payment of all monies due to the Seller have
been received. The Seller further reserves the right to charge to the Buyer
interest on all overdue accounts at the rate of 3% over Barclays Bank plc base
rate.9. Title -
Property in the goods shall not pass to the Buyer until both the purchase
price of the goods has been paid in full and payment is made to the Seller of
any sum which is at the date of the contract or may thereafter become due from
the Buyer to the Seller. Until property in the goods has passed to the Buyer
the Buyer will hold the goods or their proceeds of resale in a fiduciary
capacity. Although the ownership of the goods remains with the Seller until
goods are paid for in full, the Buyer will accept the risk in the goods and
will insure them. The Buyer will keep the goods separately identifiable and
grants an irrevocable licence to the Seller to enter on to the Buyer’s
premises or other site where the goods are stored with agents and vehicles if
appropriate to recover the Seller’s property.
10. Force Majeure - In the
event of the Seller being unable to perform all or any part of the contract
due to force majeure, the Seller shall be excused performance subject to the
Seller undertaking to take all action to mitigate or remove the reasons for
non-performance and to resume performance of the contract as soon as such
reasons are removed. Force majeure includes Acts of God, strikes, lock-outs,
industrial action, fire, accident, earthquakes, storms, floods, explosion, war
or any other circumstance beyond the reasonable control of the Seller.
11. Defective Goods - Within
six months of the date of purchase the Seller will replace free of charge any
goods which are defective subject to the Buyer notifying the Seller in writing
within 14 days of discovering the defect and subject to the goods not having
been improperly installed, subjected to misuse or any form of unauthorised
repair. The Seller shall not be liable for any consequential costs incurred by
the Buyer as a result of any defective goods. The Seller’s liability in
respect of defective goods is strictly limited to replacement of the goods or
reimbursement of the original value of the goods subject to the aforementioned
conditions. Nothing in these conditions will exclude the Seller‘s liability in
respect of death or personal injury resulting from the negligence of the
Seller or its employees or agents.
12. Right to Subcontract - The
Seller reserves the right to Subcontract any part or all of the contract.
13. Termination - The Seller
reserves the right to terminate the contract in the event of the Buyer failing
to pay sums due to the Seller or if the Buyer breaches any terms of the
contract or if the Buyer suffers distress or execution, commits an act of
bankruptcy or is unable to pay its debts within the meaning of Section 123 of
the Insolvency Act 1986.
14. Law - These conditions and
any contract between the Seller and the Buyer shall be governed by the laws of
England and the Buyer agrees to submit to the exclusive jurisdiction of the
English Courts.
Supplementary Conditions applicable to:-
Glazing & Fixing Jobs
15. Site Facilities -
Quotations for work to be done on site are based on the understanding that
provision on site will be made free of any charge to the Seller of all
equipment and facilities to enable the Seller to fulfil the requirements of
all current statutory Building, Health & Safety regulations and Factories Acts
requirements if applicable. The necessary scaffolding and lifting gear and the
operation thereof to be provided and erected free of any charge to the Seller
and the usual services of General Contractors in receiving and unloading and
storing materials are to be provided free of charge. Failure by the Buyer to
provide such services and facilities will be the subject of additional
charges.16. Templates
- Unless stated in quotations prices do not provide for making templates for
glass shaped or bent, whether supplied only, glazed or fixed.
17. Site Conditions - Unless
stated in quotations prices do not include for glazing from boats, swings or
ladders and for other special works such as removal of fittings, alteration of
images etc. neither for carrying glass for glazing any undue distance due to
lack of access road from our vehicle. It is always assumed that bye-law
permission will be given during normal working hours and that easy access is
available.
18. Painting and Cleaning -
Glazing work does not include the painting of images, sashes, beads nor the
cleaning of the glass.19. Glass Roof Lights
- When replacing glass roof lights, the Seller does not accept any
responsibility for damage or disturbance to the roof arising from the
reasonable use of equipment necessary for the execution of the work entrusted
to us. The Seller guarantees glazing to be waterproof, but accepts no
liability for water percolation from other causes incidental to the glazing
work carried out by the Seller.
20. Other Warranties - All
articles covered by warranty i.e. Factory sealed units, are subject to terms
and conditions laid down by individual Manufacturers Warranty whether supplied
only or glazed.
21. Buyer Supplied Information
- Thickness, specification, sizes of glass and method of installation stated
on documented or other information supplied by the Buyer does not necessarily
imply their adequacy. Once the glass is installed, the Seller cannot accept
any liability for damage or injury to property or persons or for any costs,
expenses or losses incurred by the Buyer or their clients. Building designers
are responsible for stating the maximum wind load pressure that the glass is
expected to withstand, to enable the Seller to quote correct thickness,
specification and sizes.22. Toughened Glass Doors
- In the event of the Seller quoting for the supply and fixing of toughened
glass doors or assemblies, holes for the floor springs must be cut out ready
to receive them and making good undertaken by others. If the transom bar is
metal or sheathed metal the top pivots or overhead springs must be fixed into
position by others prior to delivery. Openings must be plumb and square, any
rebates, cut outs etc. in the floor, stiles or head must be carried out by
others.
Mirrors
23. Templates - Unless the
Buyer supplies templates, mirrors to fit in recesses, against walls or butting
against other materials will be cut point to point only allowing to rake where
necessary.
24. Antique Mirror Glass -
Antique or coloured mirrors are obtained by random application of many
chemicals. Each piece is therefore unique and by its very nature cannot
guarantee to produce specific design or colours. Although every care is taken
we regret we cannot accept any responsibility that matching will be achieved
and orders are accepted and executed only on this understanding.
25. Re-silvering - Re-silvering
of Buyer’s own mirrors is carried out at the Buyer’s risk, and no guarantee
can be given that re-silvering will be successful.
Buyer’s Property
26. Responsibility - Whilst the
Seller will take every care in handling, storing, transporting and processing
or installation of Buyer’s own glass or other property, such glass or other
property belonging to Buyer is entirely at the Buyer’s own risk.