Terms and Conditions

Jack’s Glass Ltd. Terms and Conditions

1 Definition

a) The term ‘We’ means the ‘Company’: the Company means Jack’s Glass Limited (Company Number: 11348897).

b) The term ‘You’ and ‘Customer’ means you, the Purchaser, the person, firm or Company to whom the quotation, invoice, delivery note, application for payment or acknowledgement of order is addressed.

c) The ‘Goods’ means the goods, the subject of the quotation, delivery note, invoice, applications for payment or acknowledgement of order respectively.

d) The ‘Contract’ means the contract for the sale of the Goods as set out in the quotation, invoice, delivery note, acknowledgement of order and these conditions, and any other documents signed by the parties and expressly stated to form part of the Contract.


2 Conditions

a) All illustrations, data and other information contained in our brochures, catalogues, advertisements, price lists, technical data sheets or other documents are approximate only and shall not form part of the contract.

b) These conditions apply to and are deemed to be incorporated in all orders, contracts, quotations and tenders for the supply and sale of goods or services by the Company. These conditions supersede any earlier conditions appearing in any of our documentation (other than special conditions) and all representations, terms, conditions, warranties or guarantees whether express or implied arising by statute common law or otherwise are (to the extent permissible by law) hereby excluded provided that nothing in these conditions shall operate to exclude or restrict liability for personal injury or death resulting from our negligence or to exclude the provisions of Section 12 of the Sale of Goods Act 1979.

c) If the whole or any part of any one or more provisions of the Contract are found to be invalid, ineffective or unenforceable by law, all the other provisions of the Contract shall remain in full force and effect and the parties shall negotiate in good faith to agree and implement one or more substitute provisions having similar effect, so far as the law permits.

d) No representative, agent or sales person has the Companies authority to vary, amend or waive any of these Conditions on behalf of the Company and no amendment or addition to any of these Conditions shall be deemed to have been accepted unless accepted in writing by the Company.

e) No variation of the Contract shall be effective unless it is in writing, signed by us and expressly stated to be a variation of the Contract.

f) You shall not assign the benefit of this contract without our prior written consent.

g) Any notice given in connection with the Contract may be sent by hand or by registered post or by the recorded delivery service or transmitted by facsimile resulting in the receipt of a written communication. Any notice so sent or transmitted to the address of the party shown in the Contract (or such other address as such party may by notice to the other half substitute thereof) shall be deemed validly and effectively given on the day when, in the ordinary course of the means of transmissions, it would first be received by the addressee in normal business hours at the place of receipt.

h) No contracts will be entered into on a verbal basis; all contracts will be entered into by written consent.


3 Price & Quotations

a) The price payable for the Goods shall be as stated in the Company’s price list (or quotation relating to the Goods) unless otherwise stipulated in writing by the Company but the Company reserves the right to alter its prices without prior notice to the Customer.

b) Except where otherwise stated, the price is exclusive of Value Added Tax, customs duties and all other taxes, duties and expenses in respect of the Goods, all of which shall be added to the price for the Customer’s account unless otherwise stipulated in writing by the Company.

c) Except where otherwise stated, the price is exclusive of the cost of delivery in accordance with clause 14.

d) Quotations are made upon the basis of materials and labour prevailing at the date thereof and are open for acceptance for a period of 30 days only from the date of quotation. Should a quotation not be accepted within this period it may be open to alteration. In addition, such quotation may be withdrawn at any time prior to acceptance in writing. Stenographical or clerical errors are subject to subsequent correction. The prices, quantities and delivery times stated in any quotation are not binding on the Company. They are commercial estimates only which the Company will make all reasonable efforts to achieve.

e) An Estimate is given in good faith and will be adhered to unless there is a substantial change in the goods or service being provided. Any change to the scope and extent of work will be communicated with the Customer before any extra costs are incurred. Only approved extra costs will be invoiced.

f) Any change to scope of works or change to goods or services being provided will affect lead times and these will be communicated with the Customer at the earliest opportunity by the Company. No liability is accepted by the Company when any change to scope of works or change to goods or services is made by the Customer.


4 Payment

a) Payment schedule to be confirmed at the time of placing an order, if no terms are given then the following clauses are applicable:

i) The Company shall be entitled to invoice the Customer before the goods are produced due to goods being a one off as per the Customer’s requirements. The payment terms are 7 days from receipt of the invoice.

ii) The Company shall be entitled to invoice the Customer upon delivery/ installation. If delivery is made in instalments, the Company shall be entitled to invoice the Customer upon delivery of each instalment and payment against our invoice shall be due in full on the date of delivery / installation.

b) If for any reason the Customer is unable to accept delivery when due, the Goods may be invoiced and payment will be due on the date of agreed payment terms. In such cases we will, if facilities permit, store the Goods at your risk until delivery and reserve the right to make additional charges for such storage and any extra handling and transportation. This clause shall not affect any rights we may have against you for failure to accept delivery.

c) 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 or installations until payment is made or terminate the Contract. We shall be entitled to charge interest on the outstanding balance of all overdue accounts from the time of default to the time of payment calculated on a daily basis at a rate of 2% per month as well after as before judgement.

d) Once all outstanding payments are made in full, including all additional sums owed (including interest and charges), installation and/or delivery can be resumed. All installations and deliveries will be scheduled in at the Company’s earliest convenience, working with the Customer to prevent further delays as much as reasonably practical.

e) Without prejudice to any other rights the Company may have pursuant to this clause 4 the Customer agrees to indemnify the Company for all reasonable costs (including, but not limited to, legal fees) the Company incurs in recovery or attempted recovery of outstanding monies due to the Company.

f) All payments are to be made without deduction or set-off from any sums owing or due from us.

g) The Customer agrees to pay all monies in accordance with the contract. In the event of cancellation within 14 working days of the order by the Customer, the Customer shall receive a full refund of any deposit made. Where the Customer has instructed the Company to commence works within the statutory 14 day cooling off period, the Customer agrees to pay for the work (that is the “goods, services and/or workmanship”) that the Company has performed to the point of cancellation. The Customer’s liability will be proportionate to the work carried out by the Company; this may represent a sum equating to “all or part of” or “more than” the original Deposit payment made.

h) Payment is to be made to the Company via bank transfer, cheque or cash.


5 Credit Accounts

a) Credit accounts can only be opened at the Company’s discretion and are subject to satisfactory references being given otherwise remittances / deposits must be sent with orders.

b) We will make a search with a credit reference agency which will keep a record of that search and will share that information with other businesses. We may also make enquiries about the principal Directors and Proprietors with a credit reference agency.

c) Where a credit account has been opened goods shall be promptly paid for within the terms set out to the Customer unless otherwise agreed in writing.

d) The Company reserves the right to set a maximum amount of credit allowable upon each account and to withdraw credit facilities without explanation.


6 Specification

a) All drawings, photographs, illustrations, measurements, dimensions, weights, descriptions and other technical information and particulars of the Goods, any samples, technical data in any of the Company’s catalogues, price lists and statements written or oral made by any representative of the Company are provided to give Customers an approximate picture and description only and do not form the basis of any contractual liability.

b) No warranty or condition that the article shall accord with such illustration description or statement is to be implied and any warranty or condition capable of or arising is hereby excluded.

c) Designs of goods are subject to alteration without notice.

d) All designs, drawings, proofs, photographs, illustrations and information produced by the company are the Company’s intellectual products and the Company owns the copy right where enforceable by law. The Customer cannot reproduce, copy, alter, share or upload to a third party or store without written consent any designs, drawings, proofs, photographs, illustrations and information produced by the Company.

e) All quotations given and sales made are upon the condition that although goods supplied are of sound commercial quality the Company can accept no liability as to their suitability for any purpose other than that specified in writing by the Customer at or prior to the time of sale.

f) If you wish the Goods to comply with any specification, you must notify us of these requirements in writing and any such specification must be agreed by us prior to entering into the Contract.

g) By accepting the Quotation, you warrant that the use of the Goods is appropriate to the intended application and their use complies with all local and national legislation, building regulations, standards, codes of practices and any other requirements, particularly but without limitation: the safety section of BS6262 1982 British Standard Code of Practice for Glazing for Building and Building Regulations 1991.


7 Templates

a) Where templates are required, it is the responsibility of the Customer to ensure that they are accurate and of good quality material. All templates will be stored for a maximum of 30 days once the goods have been manufactured, at which point they will be disposed of. Templates will not be returned to Customers unless the Customer expressly requests return of templates when the order is placed, an additional charge may be applied for storage.

b) If templates are made by the Company, then any cost for materials and labour to create the templates required to produce the goods will be invoiced to the Customer. Before templates are made, the Customer will be informed of the cost in writing. All templates will be stored for a maximum of 30 days once the goods have been manufactured, at which point they will be disposed of. Templates will not be given to Customers unless the Customer expressly requests return of templates when the order is placed, an additional charge may be applied for storage. Templates made by the Company will be made as the Company deems practical to produce goods from.


8 Dimensional Tolerances

a) A tolerance of + / – half of the thickness of the glass to a maximum of + / – 4mm is required by the Company in accordance with industry standards. No claim for any product reported to be outside the agreed dimensional tolerances can be accepted unless the item is undamaged available for collection and inspected by the Company.

b) The Company reserves the right to decline to produce repeats in construction which in the Company’s reasonable opinion or experience has shown to be unsound or which is regarded as obsolete.

c) No liability is accepted for goods made within industry standards which does not then fit the application the Customer has for the goods, as appropriate fitting tolerances should be allowed.


9 Supply of Installation Services

a) The Company undertakes to provide services with reasonable skill and care. If defects due to a failure to exercise such skills and care occur within 24 hours of completion of the supply the Company undertakes to remedy such defect.

b) Orders are individually manufactured, and any Goods not used in their intended location in the Customer’s premises cannot be credited against the contract price.

c) The Company will take all reasonable care of the Customer’s property when carrying out the work but cannot accept liability for damage or re-decoration.

d) The contract price does not include for the repair or replacement of any rotten timber, defective lintels, hidden services or hazardous materials such as asbestos found during the course of carrying out the works or for the repair otherwise of any other structural defects unless such work is specified in the schedule of work. Any such work found to be necessary will be brought to the attention of the Customer and will be the subject to a separate quotation.

e) The Company does not undertake to move services, fixtures or fittings which are ancillary to the basic structure of the property, e.g., radiators, pipes, electricity, telephone or television cables and the Customer shall remove all household fixtures, including curtains, nets and blinds, before the installation is due to commence.

f) The Company does not take any responsibility for damage caused to any of the above if not removed by the Customer whilst work is executed. The Company reserves the right to charge for wasted time if it is unable to carry out work due to site specific restrictions/ conditions.

g) No undertaking can be given that the Customer’s existing doors, windows and/or frames can be removed so as to be fit for re-use or any other purpose and they will be removed from the site and disposed of unless the Customer instructs the installer to leave them. Every effort will be made to protect and clean working areas as best as practicable, but the Company cannot be held responsible for small fragments /splinters/ particles, which may still be present.

h) The Company reserves the right to make minor variations in the specification of any of its products at its discretion and without prior notice to the Customer, in keeping with the Company’s policy of continuous development and improvement.

i) The Customer agrees to permit access to the Company and its agents or representatives to the installation address at all reasonable times in order that the Company may carry out the works scheduled. If, within 28 days of being advised that the Company is ready to install, the Customer has not agreed to an installation date, the balance of the product supply cost becomes payable and installation will be removed from the contracts relating to the products which are to be installed. If the contract is only to install goods, then the contract is terminated immediately.


10 Stained Glass and Leaded Light

a) We will endeavour to refurbish your old stained glass and leaded light panels to the best of our ability; however, it must be understood that it may not be possible or desirable to make the panels look like new.

b) ‘Cleaning’: We will clean all the glass and leads thoroughly. Every lead will be scored around using a pointed hardwood dowel and any spots of paint removed. Some small marks may still remain on the glass or lead.

c) ‘Replacement of broken glass pieces in stained glass panels’: every effort will be made to match up the broken glass for colour and texture, however it may not be possible to replace obsolete glass with an exact match. In these circumstances we will use the nearest available match.

d) ‘Refurbishment of old lead’: we will polish the old leads using black carbon polish but the panels will not be re-leaded unless requested.

e) ‘Original glass’: small scratches, blemishes, surface marks, edge shells and very small corner cracks in the original glass will not be replaced unless specifically requested.

f) ‘Original Leaded Light Cement Dust’: although every care is taken with the cleaning and blowing out of dust from old panels, there may still be some small particles of dust or cement debris inside the encapsulated unit.


11 Limitation of Liability

a) Subject to clause 19, the Company’s liability is limited to that provided in clauses 11 herein. The Company shall not be liable in any circumstances to the Customer whether by way of indemnity or by reason of breach of contract or negligence or of breach of statutory duty or otherwise for loss or damage of any kind whether direct, indirect or consequential.

b) The undertaking as to title in Section 13 of the ‘Sale of Goods Act 1979’ is not excluded.

c) Where the Customer deals as Consumer (as defined in Section 12 of the Unfair Contract Terms Act 1977) the undertakings implied by Sections 13, 14, 15 of the Sale of Goods Act 1979 are not excluded and the Customers statutory rights are not affected.

d) The Company does not exclude or restrict liability for death or personal injury resulting from its own negligence.

e) The Company does not exclude any liability which it may incur under the Consumer Protection Act 1987 for damage as defined in section 5 of the Act.


12 Test and Inspection

a) Special tests or tests in the presence of the Customer or the Customer’s representatives will be charged to the Customer unless otherwise agreed in writing.

b) In the event of delay on the Customer’s part or the Customer’s representatives part in attending such tests, after 7 days’ notice of the place and time of such tests, the tests will proceed in the Customers absence and shall be deemed to have been carried out in the Customers presence.


13 Risk and Title

a) The Risk shall pass to the Customer when Goods leave the Company’s premises where the Customer collects. Risk shall pass to the Customer when Goods have been delivered / installed by the Company.

b) The title of the goods shall remain vested in the Company after delivery or collection or installation until cleared payment (especially cheque and credit card payments) of all sums has been made in full to the Company.

i) Where the Customer’s own items are to be used by the Company as part of the Goods, the title of the Customers components are deemed to be transferred in full to the Company and title passed to the Company and the title retained by the Company until all works are completed and cleared payment of all sums has been made in full to the Company.

ii) All Customer goods which have title transferred to the Company will be stored and kept in a safe manner to which is reasonably practical until such time as they are returned to the customer.

iii) Transferring of the title of Customer’s own items from the Customer to the Company are done so at the Customers own risk. Any damage, defects, changes in state, destruction or loss are at the Customer’s own risk. The Company cannot be held liable in any way for any damage, defects, changes, destruction or loss to any items where the title is being temporarily held by the Company.

c) Payment shall include, without limitation, the amount of any interest or other sum payable under the terms of this and all other contracts between the Company and the purchaser.

d) As long as title of the goods remain vested in the Company and the goods are in procession or under control of the Customer the following provisions will apply;

i) The Customer may (unless otherwise notified in writing by the Company) not use, sell or otherwise dispose of the goods.

ii) In the event of any of the Goods supplied being resold by the Customer or being mixed or incorporated with any other Goods which are sold by you before title therein has passed to you, you shall hold such part of the proceeds of sale as are equivalent to the price at which the Goods are supplied by us to you, and all rights which you may have against the purchasers thereof, on behalf of and as trustee for us. Any monies so received by you shall be placed in a separate account so as to be readily identifiable as being our property.

iii) The Customer shall keep secure and safe the goods.

iv) Until such time as title of the Goods passes to the Customer, you will store them on your premises separately from your own Goods or those of any other person and in a manner which makes then readily identified as our Goods.

v) The Goods shall, once the risk has passed to the Customer in accordance with clause 13 or otherwise, be and remain at the Customer’s risk at all times unless and until the Company has retaken possession of them, and the Customer shall insure accordingly.

vi) Until such time as payment for the Goods has been made in full, any money received by the Customer as a result of any insurance claim of whatever nature with regard to the Goods shall be held on trust for the Company as if it were proceeds of the sale of the Goods and shall be immediately remitted to the Company.

vii) The Company may at any time on giving prior notice enter the premises of the Customer for the purpose of inspecting and identifying the goods and the Customer irrevocably authorise the Company to enter upon its premises for that purpose.

viii) Upon determination of the payment of Goods, the Customer shall place the disposal of the Goods with the Company who shall be entitled to enter any premises of the Customer where the Goods are held for the purpose of recovering and/or removing the Goods.

ix) If Goods, upon return or repossession, are damaged, the cost of such damage will be borne by the Customer less any costs if such Goods are in a suitable condition for resale. If such Goods are not in a suitable condition for resale, then any such damage mentioned herein will be added to the costs being recoverable plus any costs incurred by recovering such Goods.

x) If the Customer commits any breach of these terms and conditions or become insolvent or commit an act of bankruptcy or if a receiver or an administrative receiver is appointed over any part of your business or property, your right to possession of the Goods shall cease immediately. We (including our servants and our agents) are authorised by you to enter upon any premises where the Goods are stored or where they are reasonably believed to be stored, for the purpose of ensuring that the terms of this clause 13 are being complied with and in the circumstances set out in Clause 13 (J) for the purpose of removing any Goods in which title has not passed to you.

e) The loading, handling, working or carrying of the Customer’s own materials shall be entirely at the Customer’s risk. The Customer is responsible for the loading and unloading of the Goods and also for any damage to the Goods during loading and unloading, however caused.

f) The Customer agrees to indemnify us for all injury, loss or damage occurring to any person or property and against all action, demands, expenses or charges made in connection with the Contract arising from the use of the Goods where the use of the Goods results in injury, damage or loss due directly or indirectly to the carelessness or negligence of the Customer or your servants or agents or to any breach by you of your obligations to us under the Contract.

g) In the event that the Customer instructs the Company to deliver the Goods to a third party (including but not limited to: a designated carrier), the risk of loss or damage to the Goods shall pass to the Customer upon delivery of the Goods to such third party.

h) The Customer shall be deemed to have accepted the Goods if not rejected within 24 hours of delivery or collection or immediately in the event of the Customer having signed a note of acceptance or delivery. Rejection subsequently will not be acceptable to the Company. If the Customer is not available to sign a note of acceptance or delivery, the period for rejection of Goods will extend to 72 hours from delivery.

i) Notwithstanding that the risk in the Goods has passed to the Customer, the ownership of the Goods shall remain with the Company which reserves the right to possession and to dispose of the Goods until such time that payment has been received in full by the Company and cleared through the Company’s bank account.

j) The Customer allows the Company (and its agents or representatives) the right to enter without prior notice any premises where Goods owned by the Company may be, and to repossess and dispose of any Goods owned by the Company so as to discharge any sums owed to the Company by the Customer under this or any other contract and a licence is hereby granted irrevocably to the Company and its representatives to enter the Customer’s premises where the Goods are being kept, to remove the Goods.

k) The Company shall have a lien over any assets of the Customer in its possession against payment in full of all sums due now or in the future to the Company by the Customer on any account whatsoever.

l) The Company has the right to withhold delivery of any undelivered Goods and stop any Goods in transit if payment is not paid when due.


14 Delivery

a) Times or dates for despatch or delivery of Goods or for completion of any works to be carried out by the Company are estimates only and shall not be binding upon the Company either as a term of the Contract or otherwise. In no circumstances shall We be liable for any loss or damage sustained by the Customer in consequence of our failure to deliver, start or complete within such time or by such date or in consequence of any delay in delivery however caused.

b) No trades shall be booked in which are directly or indirectly dependent on the collection, delivery or installation of Goods supplied by the Company. In no circumstances shall We be liable for any loss or damage sustained by the Customer in consequence of our failure to deliver, start or complete within such time or by such date or in consequence of any delay in delivery however caused.

c) Although the Company will use all reasonable efforts to meet delivery dates, We shall not be liable to the Customer for any loss or damage, whether direct, indirect or consequential, if the Company is delayed or prevented, in whole or in part, from delivering the Goods.

d) Where the Company offers delivery to a site nominated by the Customer, then the Company’s obligation shall be to deliver as near to the site as a safe, hard road permits. The Customer shall provide free of charge any labour or machinery required for the purpose of unloading, loading or stacking.

e) In the event of any Goods or any packing or container being delivered and deposited whether on the public highway or elsewhere, the Customer shall be responsible for all steps which need to be taken for the protection of persons or property in relation to such Goods packing or container and shall indemnify the Company in respect of all or any costs, claims, losses or expenses which the Company may incur as a result of such delivery.

f) The Company cannot accept liability for any direct or indirect loss arising from delays caused by fire, flood, loss or delay in transit, including but not limited to strike, lockout or from any other cause beyond the Company’s reasonable control.

g) Upon delivery of Goods supplied by the Company to the Customer’s premises, all Health & Safety guidelines and regulations appertaining to the safe handling of such Goods shall apply whilst on the Customer’s premises. Any member of staff of the Company shall not be expected to compromise any of the Health & Safety regulations whilst on the Customer’s premises.

h) The Customer acknowledges that the items described in the quotation have been checked and are correct.

i) Notwithstanding Clause 13, when the Goods are delivered by the Company, risk shall pass to the Customer on delivery.

j) Where delivery is to be made by instalments, each delivery is deemed to be the subject of a separate Contract and any failure by us in respect of any one delivery shall not entitle you to repudiate the Contract or any further instalments to be delivered thereunder.

k) Unless otherwise agreed, delivery of Goods within the UK will be made at the cost of the Customer to the address specified in the Customer’s order by any method of transportation regarded as suitable by the Company at its discretion and delivery of Goods destined for export outside the UK will be as stated in the Contract.

l) If the Customer refuses or fails to take delivery of the Goods on the date of delivery, risk in the Goods shall pass to the Customer, the Goods shall be deemed to have been delivered, the Company will be entitled at its discretion to store the Goods and the Customer shall, in addition to the price payable under clause 4, pay all costs and expenses of such storage and any additional costs of carriage incurred.

m) The Company reserves the right to deliver in instalments at its discretion.

n) All Goods must be inspected by the Customer immediately on delivery. If any Goods are damaged or lost or if there has been short delivery, the Customer must endorse the consignment note accordingly and submit a detailed written claim to the Company or the carrier within 24 hours of delivery of the Goods and, in the case of a claim against a carrier, supply a copy of such claim to the Company within 7 days of delivery of the Goods. The Customer’s signature on the delivery note without any such endorsement shall release the Company from any liability in respect of damage or loss in transit or short delivery. If the Customer is not present to sign the delivery note and 72 hours pass without contact from the Customer, the Customer shall release the Company from any liability in respect of damage or loss in transit or short delivery.


15 Examination of Goods

a) Goods must be examined immediately upon delivery or collection by the Customer.

b) Goods delivered must be examined upon delivery. Goods damaged upon delivery must be reported to the driver or head office immediately and such damage communicated on this basis. Special notice should be made on the delivery note if the Goods are left at the Customers premises. Goods collected, examined and signed for in good condition by the Customer and have subsequently left the premises will not be replaced. No other liability shall be accepted by the Company in respect of any such damage or loss.

c) Any Customers leaving glass mirrors or items for framing that require alterations or work to be carried out, do so at their own risk. The Company will endeavour to carry out such work / alterations or repairs to its best ability.  Any resultant breakage or damage caused will not receive a refund of the deposit or sale paid.  However, without prejudice, the Company will endeavour to accommodate the Customers loss notwithstanding any cost to itself.

d) The rejection of the Goods on any other grounds by the Customer must be communicated to the Company within 24 hours.


16 Cancellation of Orders

a) The Company reserves the right to charge the Customer for all costs incurred on any cancelled order or any order that has not been collected within 90 days of being completed and notified to the Customer that such order was ready for collection.

b) In no circumstances can orders for Goods, whether made to your specific requirement or not, be cancelled by you. In the event of such a cancellation you will be obliged to pay a restocking and handling charge for the Goods and any administration costs involved in full.

c) If applicable, the Customer’s Consumer rights are not affected by cancelling an order.


17 Termination

a) Should the Customer make default in any payment or otherwise be in breach of its obligations to the Company under the Contract or under any other contract with the Company or compound with, or execute an assignment for the benefit of its creditors, or commit any act of bankruptcy, or enter into voluntary or compulsory liquidation, or suffer a receiver or administrative receiver or administrator to be appointed over all or any part of its assets, or take or suffer any similar action in consequence of debt, or become insolvent, or should the Company have reasonable cause to believe that any of these events is likely to occur, the Company may, by notice in writing to the Customer, without prejudice to any other rights, forthwith suspend or cancel any uncompleted part of the Contract or stop any Goods in transit or require payment in advance or satisfactory security for further deliveries under the Contract.


18 Zero Tolerance

a) We have zero tolerance to abuse from the Customer towards the Company’s staff and representatives.

b) The Health and Safety Executive (HSE) defines a violent or aggressive incident as: ‘Any incident in which a person is abused, threatened or assaulted in circumstances relating to their work. This can include verbal abuse or threats as well as physical attacks.’

c) They define an incident as: ‘An unwanted, unplanned event that has the potential to cause harm/injury.’

d) Examples of unacceptable behaviour are summarised below:

i) Violence – this can be physical or non-physical, including threats, abusive behaviour and language (verbal and written), escalating agitation and intimidating body language.

ii) Unreasonable demands – a demand becomes unreasonable when it impacts substantially on the Company or the Company’s agents or representative’s work. Examples of this may include, but are not limited to: repeatedly demanding responses within an unreasonable timescale or insisting on seeing or speaking to a particular member of staff when the Company deems that not possible or appropriate.

iii) Unreasonable levels of contact – volume and duration of contact with the Company by the Customer or the Customer’s representative that causes problems for the Company or the Company’s agents or representatives. This can occur over a short period, for example, a number of calls in one day or one hour.

iv) Unreasonable use of processes – for example, the complaints process, where the Customer or the Customer’s representative uses the complaints procedure to challenge professional judgments of the Company or the Company’s agents or representatives, or where it is used to repeatedly raise the same issues that the Company have already investigated.

e) All abuse will be documented by the Company and the Customer will be informed of any abuse and subsequent changes to the contract and/or Termination of the contract.

f) Any and all abuse is treated extremely seriously by the Company. It is at the discretion of the Company to reduce the scope of work or remove services from the Contract including its obligations, not limited to delivery, installation, measurements and templating.

g) If repeated abuse is recorded by the Company, the Company without any liability has the right to terminate any contract between the Company and the Customer. Payment terms apply in line with Clause 4. Once payment of balance due has being paid in full, a third party will be instructed by the Customer to collect any outstanding Goods. The Company is not liable for this cost and must be arranged by the Customer.


19 Liability

a) The Company’s liability to the Customer in respect of the direct or indirect consequences of any breach of Contract or non-performance howsoever caused, or of the strikes or of lock-outs or of any other circumstance beyond the Company’s control or of non-supply by a third party or arising out of negligence or of any misrepresentation or of force majeure or of any other tort of breach of statute by the Company, its employees or its agents shall be limited to the price of the goods which are subject matter of the particular order. The Company reserves the right to treat the contract as at an end with no compensation payable to the Customer.

b) The liability of the Company is subject to compliance by the Customer with all the terms contained in this clause 19.

c) The Company shall make good by reimbursement of the whole or part of the price (and where relevant as a deduction from any part of the price remaining unpaid) or at its option by repair or by replacement any defect developing under normal use in the Goods and due solely to faulty design (except where the design is supplied by you or on your behalf), faulty materials or faulty workmanship provided that:

i) You shall be responsible for ensuring that Goods are fit for the purpose for which you wish to use them and the Company gives no warranty (and none shall be implied) that the Goods are fit for any particular purpose; and

ii) The defect in question shall have appeared within 12 months after you have taken possession of the Goods or performance of Services has been completed and shall have been thereupon notified in writing within 3 days to the Company; and

iii) Any Goods alleged to be defective shall be stored in a safe place by you until such time as the Company authorises their disposal in writing; and

iv) Any Goods alleged to be defective shall, if so required by the Company, be promptly returned at your risk and expense to the Company’s works for inspection and the Company shall in its reasonable opinion consider them to be defective solely by reason of faulty design or workmanship; and

v) No attempt shall be made by you or by any third party to remedy any defect before, if so required by the Company, the Goods in question have been returned to the Company for inspection; and

vi) The Goods in question shall have been installed and handled properly and in accordance with the Company’s recommendations and shall not have been fitted with any parts, components or accessories other than those manufactured or recommended by the Company.

d) The Company shall under no circumstances be liable for any indirect, special or consequential loss (including loss of business and/or anticipated profit or third party claims) howsoever arising either from breach or non-performance of any of its obligations under the Contract or from the supply of or intended use of the Goods, even if the Company has been advised of the possibility of such potential loss, except that the Company shall be liable for loss arising from death or personal injury resulting from the proven negligence of the Company and except that nothing in these Conditions shall have the effect of excluding or limiting liability under the Consumer Protection Act 1987 to a person who has suffered damage caused by a defective product, or to a dependent or relative of such person.

e) The Customer shall fully indemnify the Company in respect of all actions, suits, claims, demands, costs, charges or expenses arising from damage to or destruction of property, personal injury or death whether caused by the negligence of the Company, its servants, agents or subcontractors in executing the Contract or howsoever caused, provided that the Customer shall not be liable to indemnify the Company in respect of any action, suit, claim, demand, cost, charge or expense arising from personal injury or death caused by the proven negligence of the Company.

f) In the event that the Goods are based on a design or specification supplied by the Customer, the Customer shall fully indemnify the Company in respect of all actions, suits, claims, demands, costs, charges or expenses arising from any claim by a third party in respect of such Goods (whether such claim relates to intellectual property rights, infringement, personal injury or otherwise) to the extent that the actions, claims, demands, costs, charges or expenses relate to the design of the Goods.

g) All recommendations and advice given by or on behalf of the Company to the Buyer as to methods of storing, using or applying the Goods, the purposes for which the Goods may be applied and the suitability of using the Goods in any manufacturing process or in connection with any other materials are given without liability on the part of the Company.

h) The Company makes no representation or warranty that use of the Goods does not infringe the rights of any third party and the Company accepts no liability in this respect.

i) No liability is accepted by the Company when any change to scope of works or change to Goods or services by the Customer is made.


20 Guarantees and Warranty

a) Our standard warranty of 12 months will only apply to those units which do not contain features which may have the potential to affect the performance of the unit. In the case of units containing such features (non-standard units) the Company’s standard warranty will not apply. It is the responsibility of the Customer in such cases to establish what, if any, warranty is provided on these non-standard units. In the absence of any written concession by the Company, it will be deemed that no warranty whatsoever is provided in respect of non-standard units.


b) Non-standard unit include any units that include one or more of the following features; leaded light inserts, stick on lead, stick on films, UV bonded bevels, units with holes in (including but not limited to vents or pet flaps) and heritage super spacer bar (4mm).

c) Our standard warranty of 12 months on standard units covers the seal on the unit breaking down. This will be evident if condensation appears inside the unit. If the unit has been glazed by us then the guarantee covers the full cost of removal, splitting, resealing and refitting. We are not liable for any damage caused to any decorating, plasterwork, internal or external items or materials that have being added after the unit installation which would be affected by the fitting of the unit.

d) If the unit has been supplied but not glazed then this guarantee is limited to the cost of the unit being split and resealed. No delivery costs, removal and refitting costs are covered. This guarantee is only valid if the units have been glazed correctly, i.e., the units must be supported on both the inside and outside pane on packing blocks. If the frame is timber then it must be glazed using a butyl putty or tape and capped inside and out using a low modulus neutral cure glazing silicon designed for glazing double glazed units.

e) The Company warranty for all other Goods (not units) at the time of delivery/collection and/or for a 6 month period thereafter, the Goods will be of satisfactory quality and free from defects in materials and workmanship and the Company will at its option refund the purchase price of or repair or replace free of charge any Goods which its examination confirms are defective provided:

i) the Customer makes a full inspection of the Goods immediately upon delivery;

ii) the Customer notifies the Company forthwith of any defects which it discovers;

iii) the Customer has used the Goods in accordance with any instructions or recommendations of the Company;

iv) save for any necessary and careful installation, the Goods have not been adjusted, altered, adapted or repaired by any party other than the Company;

v) the Goods are either made available to the Company for inspection or returned to the Company at the Customer’s own expense, as the Company may request; and

vi) the defect does not arise from a design or specification supplied by the Customer.

vii) the product is inspected using our test criteria for all glass products which can be requested from the Company via email or letter.

f) The Company shall be under no liability under the above warranty if the total price for the Goods has not been paid on or before the due date.

g) In no circumstances shall the Company’s liability to the Customer exceed the price paid for the Goods with respect to which a claim is made.

h) Except as provided for in these Conditions, there are no warranties, express or implied, of merchantability or of fitness for a particular purpose, or of any other kind except as to title. In particular, all conditions and warranties which would otherwise be implied by statute or under the common law are hereby excluded to the fullest extent permitted by law.

i) Apart from any such reimbursement, repair or replacement, the Company, its employees and agents shall be under no liability to the Customer or to any third party for any injury, loss or damage of any kind whatsoever, howsoever and wheresoever arising or arisen, and whether direct or indirect, including without limitation any injury, loss or damage arising out of or incidental to:

i) Any negligence of the Company or of any of its employees or agents (except insofar as such negligence may result in death or personal injury); or

ii) The Company’s performance of or failure to perform or breach of any of its obligation, whether express or implied under the contract or otherwise; or

iii) The supply, installation, repair or maintenance of any of the Goods; or

iv) Any defect in any of the Goods; or

v) Any advice given or representation made by the Company or on its behalf;

vi) or Any performance of any services.

j) The Company shall not be liable for any claim relating to any breach of warranty, express or implied brought after the expiry of the period of twelve months from the date on which the contract was made (or, in the case of Goods, after the expiry of such longer period (if any) as may be provided for by or on behalf of the manufacturer of those Goods).

k) The Company shall in no circumstances be liable to you for any economic loss, loss of profit, loss of business or like loss.

l) The Company shall use its reasonable endeavours to transfer to you the benefit of any guarantee in respect of the Goods available from the manufacturer provided that the Company may in its discretion, elect to do so only at the cost to you.

m) The Company undertakes at its discretion to replace or refund the purchase price of any Goods sold or supplied in the following circumstances only;

i) Where the Goods do not correspond to any written identifying description applied to them.

ii) Where the Goods prove to be defective and not fit for their ordinary purpose.

n) The Company does not claim or guarantee that its products eliminate or even reduce the incidence of condensation.

o) Any product guarantee will come into effect immediately upon completion of the works provided that the full price has been received (less any appropriate amount in the event of defects) by the Company on the due date.


21 Applicable Law

a) These conditions shall be considered as a contract made in England and shall be governed in all respects by the Law of England and the parties agree to submit to the jurisdiction of the Courts of England.

b) Nothing in these terms and conditions shall be interpreted as excluding or restricting consumer statutory rights.


22 Disclaimer

a) If the Goods are not in accordance with the contract for any reason the Customer’s sole remedy shall be limited to the Company making good any shortage by replacing such Goods or if the Customer chooses, by refunding a proportionate part of the price. If it is necessary to open up or dismantle any other works or assemblies to permit any repair or replacement then the Company at its sole discretion shall be permitted to do so.


23 Force Majeure

a) We will not be liable to you for any loss or damage caused to or suffered by you as a direct or indirect result of the supply of the Goods by the Company being prevented, restricted, hindered or delayed by reason of any circumstances outside the control of the Company. For any failure to deliver the Goods arising from circumstances outside our control which shall be deemed to include (but shall not be limited to) war, riot, civil commotion, fire, earthquake, obstruction of private or public road or highway, acts of God, exceptional weather, strikes, lock-outs, or any other form of industrial action, shortages of labour or materials, and delay in delivery of materials by suppliers or sub-contractors.

b) If we are prevented from delivering the Goods in circumstances outside our control, we shall give you notice of this fact as soon as reasonably practical after discovering the same.

c) If the circumstances preventing our delivery of the Goods are still continuing three months after you receive our notice as referred to in (b) above, either party may give written notice to the other terminating the Contract.

d) If the Contract is terminated in the matter set out in c) above we shall refund any payment which you have already made on account of the price of the Goods not delivered, subject to deduction by us of any amount we are entitled to claim from you. We shall not be liable to compensate you for any further loss or damage caused by our failure to deliver the Goods or any of them.


24 Waiver

a) The failure of the Company to insist upon the strict performance of any of the terms and conditions of the Contract shall not be construed as a waiver of any such term or condition and shall in no way affect the Company’s right to enforce such provision later.