Go Glass terms and conditions of sale

• Terms and Conditions of Sale

  1.APPLICATION AND VARIATION OF THESE CONDITIONS
  

  a). Unless otherwise expressly agreed in writing by the seller, these conditions apply to any contract between the seller and the Buyer for the supply of goods or services (Contract) and supersede any earlier conditions issued by the Seller and shall override any terms or conditions of the Buyer.

  b). These Conditions are open to negotiation before the Seller accepts the Buyer’s order (whether or not in writing,) which negotiation may result in change to any price published or earlier referred to.  If the whole or any part of any one or more provisions of the Contract are invalid or unenforceable at law, all 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

   2.PRICES

   a). Prices are subject to withdrawal without notice, and unless agreed otherwise in writing, goods will be invoiced at the prices ruling at the date of despatch.

  b). Prices quoted are exclusive of VAT. Additional charges will be made in respect of all increases in the cost of labour, materials, plant and overheads occurring after the date of quotation.

  c). Where the Buyer expressly wishes the Seller to deliver to site the Seller is entitled to levy extra charges.

  d). There are minimum area charges, which vary according to the goods ordered. Ovals, circles or irregular shapes will be charged the full rectangle 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.

  e). These minimum area charges and/or surcharges and/or rounded metric measurements from which prices are determined have been communicated to the Buyer and the Buyer accepts the same.

  f). The total area chargeable in relation to any goods is the area of each item so calculated multiplied by the number of items ordered.

   3. PAYMENT

   a). Time of payment shall be of the essence of any Contract. For a Buyer with an account, payment is due on or before the day due as per the credit terms agreed. If the Buyer 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

  b). Buyers 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

  c). No retentions are permissible and the Buyer has no right to set off disputed moneys whether or not in respect of goods under any Contract to which these Conditions apply

  d). If the Buyer 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.

  e). The seller may at any time suspend the performance of its obligations under any Contract until the Seller is satisfied that the Buyer is able to pay, or has given security for payment, or the goods.

   4). TITLE

   a). Notwithstanding delivery and the passing of risk in the goods, or any other provision of these Conditions, the title in the goods shall not pas to the Buyer until the Seller has received, in cleared funds or cash, payment in full of the price of the goods.

  b). Until such time as the property in the goods passes to the buyer:-

  I). The Seller shall have absolute authority to retake, sell or otherwise deal with or dispose of all, or any part of the product in which title remains vested in the Seller

  ii). For the purpose specified in i) above the Seller or any of its agents or authorised representatives shall be entitled at any time and without notice to enter upon any premises in which the produce or any part thereof is installed, stored or keep, or is reasonably believed so to be:

  iii) The seller shall be entitled to seek a Court injunction to prevent the Buyer from selling, transferring or otherwise disposing of the product.

  iv). The Buyer shall store or otherwise denote the product in respect of which property remains with the Seller in such a way that the same can be recognised as the property of the Seller

  v).The product must be retained by the Buyer in identical packaging and in secure conditions and the Buyer must not allow it to become intermingled with any other product or substance.

   5. DELIVERY AND RISK

   a). Delivery shall unless agreed, be at the Buyers normal place of business. The Seller reserves the right to choose the form of transport for the goods and the composition of the load.

  b). Delivery dates and times are estimates only and no guarantee is given as to the delivery at any particular date or time. This clause is incapable of variation and is expressly agreed that time is not and cannot be made of the essence.

  c). If for any reason the Buyer is unable to accept delivery when due, the Goods will be invoiced and payment will fall due as per the Buyer’s terms in which the Goods are ready and due for delivery.  Where the Buyer defers accepting delivery after the goods have been manufacted, the Seller may charge the Buyer for any reasonable storage or additional transport costs which result.

  d). When the goods (whether or not being the actual quantity ordered) are either collected by the buyer from the Sellers premises or are free of all vehicle transit restraints and ready for unloading by the Buyer at the agreed delivery address. Delivery in relation to those goods is complete and the risk in them shall pass to the Buyer.

  e). On arrival of the goods at the place of delivery, the Buyer shall promptly provide unloading facilities and when the goods are ready to be unloaded shall unload the goods promptly. The Seller shall be entitled to recover from the Buyer all and any costs and expenses incurred as a result of the Buyers failure to do so.

  f). The Buyer is responsible for the unloading of the Goods and also for any damage to the goods during unloading however caused. Any assistance provided by the Seller or its agents in respect of any unloading is entirely at the Buyers own risk.

  g). The Buyer agrees to inspect the Goods upon delivery or collection. The Seller shall have no liability for any loss or damage to goods in transit when the Buyer has signed the delivery note or other delivery documents as received in good condition.

  The Buyer shall not be entitled to reject any goods on the grounds that they have been delivered in incomplete quantities.

   6. THE BUYER’S AND SELLER’S RIGHTS

   a). Any quotation given by the Seller is not an offer.

  b). In no circumstances can orders for Goods, whether made to the Buyer’s specific requirements or not, be cancelled by the Buyer. In the event of such a cancellation the Buyer will be obliged to pay any material costs plus a handling charge for the goods and administrative costs incurred in full.

  c). The Seller shall not be held responsible for the duplication of supply should more than one copy of an order be received from the Buyer

  d). If goods ordered are to be supplied to a template and the template dimensions differ from those specified from associated documents or correspondence, the order will be executed to the dimensions of the template.  Templates must always be of a rigid material.

  e) In accordance with trade custom, Buyer’s glass is handled, stored and processed at the buyer’s own risk.

  f). All goods left at the Seller’s premises including furniture, frames etc is left at the buyer’s own risk of damage, loss etc.  If an item of high value is left at the Seller’s premises then the buyer must notify the seller. The buyer is responsible for all insurance cover on items left at the seller’s premises.

  g). All illustrations, data and information in the Seller’s printed literature are approximate representations and are not binding in detail. The Seller reserves the right to change specifications and other information in the literature and the buyer must satisfy itself that the current stocks of goods are as depicted in the literature.

   h). If a cheque received from the buyer is returned or represented by the seller’s bank a minimum charge of £50.00 + Vat will be made on each separate occasion.

  i). If the buyer should receive any defective goods, it is their responsibility to inform the seller of the defect, and request a collection note from the Seller once available for return. Upon receipt of a returned product and the agreement by the seller that a product is defective a credit note will be provided.

  j). Any contract or order to which these conditions relate is between the seller and the buyer as principals and is not assignable by the buyer without the express written consent of the seller.

  k). The supply of goods hereunder shall not confer any right upon the buyer to use any of the sellers trademarks without our prior written consent and at all times such trademarks shall remain the sellers property. Nor does it imply any right to use any patent that the seller may have or any indemnity against infringement of the right of third parties.

  l). Where goods are manufactured and/or processed by the seller in accordance with the buyer’s specification the buyer shall indemnify the seller in respect of any liability incurred by the seller in respect of any infringement or alleged infringement of any patent, design, copyright, trademark or other intellectual property of any third party,

  m) Unless expressly agreed otherwise in writing the seller may manufacture the goods at any of its works or plans and/or the seller may subcontract the manufacture and/or supply of the goods.

  n). Unless otherwise specifically agreed in writing by the seller, the goods are supplied only on these conditions and no variation from or addition thereto (whether contained in any document emanating from the buyer or made orally by any person acting or purporting to act on the sellers behalf). Shall have effect unless it is in writing signed by a person duly authorised on the seller’s behalf. Should any of these conditions conflict with any conditions stated in the buyers order these conditions shall prevail. The Buyer giving any delivery instructions for the goods or any part thereof, of the acceptance of delivery of the goods or any part thereof, or any document from the buyer in confirmation of the transaction set out on the basis thereof, after receipt of this document, shall constitute unqualified acceptance from the buyer of these conditions.

   7 WARRANTIES, LIABILITES AND STANDARDS

   a). The Seller warrants tot eh buyer that goods shall conform to appropriate product standards as approved by the British Standards Institute (where applicable), or otherwise to recognised industry standards defined and published by the Glass and Glazing Federation, 44-48 Borough High St, London SE1 1XB.

  b)/ The Sellers standard warranty in the format current at the date of the relevant contract shall apply to insulating glass units.

  c) Save as expressly provided by these conditions, or as expressly provided in any specific written warranty issued by the seller, or as otherwise specifically agreed in writing by the seller all sellers representatives and statements (whether express or implied) and all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

  d). Goods represented by the buyer to be defective shall not, save as expressly provide for in these conditions, or in any specific written warranty issued by the seller, form the subject of any claim for injury, loss, damage or any expense howsoever incurred whether arising directly or indirectly from such alleged defects other than death or personal injury resulting from the sellers negligence.

  e). Except in respect of personal injury or death caused by the seller’s negligence the seller shall not be liable to the buyer for any indirect special or consequential loss or damage (whether for loss or profit or otherwise) which arise in connection with the supply of goods or their use or resale by the buyer.

  f). Optical, dimensional, other physical properties and colour of the goods are subject to the seller’s manufacturing specifications, tolerances and/or standards, details of which are available on request.

  g). Specification of the correct glass in accordance with appropriate British Standards and/or other statutory requirements is the responsibility of the buyer. Where the goods ordered appear to contravene a relevant code of practice or British standard, the seller reserves the right to substitute goods which meet the requirements and charge accordingly.

  h). The buyer shall be responsible for the correct use and/or installation of the goods and indemnify the seller in respect thereof. The seller accepts no liability for loss or damage resulting from failure to adhere to recommendations and guidelines laid down by the glass and glazing federation

  i). The seller shall not be liable for any advice or representation in respect of the goods unless confirmed in writing.

   8. FORCE MAJEURE

   a). If the performance of any contract or any obligation there under is prevented by force majeure, the seller shall be excused performance provided that the seller reasonably endeavours to remove such causes(s) of non performance, and shall continue performance there under without delay whenever such causes(s) are removed.

  b). The term “force majeure!” for these purposes includes acts of god, fire, accident, lighting, earthquakes, storms, floods, explosion, war strikes, lock outs, other industrial action, and any other circumstances, whether similar or dissimilar, beyond the reasonable control of the seller.

  9. TERMINATION

  a). If the buyer makes default in any payment or commits any breach of the terms and conditions of any relevant contract, or suffers distress on execution, or becomes insolvent, or commits and act of bankruptcy, or enters into any arrangement or composition with his creditors or goes/is put into liquidation (other than solely for amalgamation or reconstruction) or if an administrative receiver or administrator is appointed over the whole or any part of the buyer’s business, or if a petition for an administration order is presented to the court, the seller may without prejudice to any rights which may have accrued or which may accrue to it, at its option:

  i) Require payment in advance for all or any prior, existing and/or further deliveries; and/or

  ii) suspend any further deliveries until such default or breach if capable is rectified and/or

  iii) Terminate the relevant contract; and/or

  iv) Terminate any other contracts so far as any goods remain to be delivered there under.

  v). Distance selling regulations :You may cancel an order for a standard item which has not been manufactured to a specific size or specification within 7 days of receiving a confirmation from us.  You are entitled to a refund subject to delivery charges within 7 working days of receiving a standard item ordered from us which has not been made to a specific size or specification. Cancellations or refund requests must be received in writing by us within the 7 days from order or delivery date.  Refunds or Cancellations for goods manufactured to a custom made size or specification can be made only at the sole discretion of management only and is normally only given for defective goods.
  

   10. APPLICABLE LAW

   a). These conditions and any contract arising hereunder shall in all respects be construed in accordance with English Law, and the buyer agrees to submit to the non-exclusive jurisdiction of the English Courts.