Terms & Conditions
Please note that all calls made to our offices may be recorded for training or monitoring purposes.
1.Business customers and consumers
1.1 Some of these terms apply to consumers only; some apply to business customers only. Those terms are marked as such.
1.2 All other terms apply to all customers.
1.3 You are classified as a business customer if you indicate to us that the goods supplied by us will be used in the course of your business or if you use the goods in the course of your business.
1.4 If you are not a business customer, you are a consumer. You have certain statutory rights as a consumer, which are not affected by these terms.
2. Price
2.1 The price quoted excludes VAT (unless otherwise stated). VAT will be charged at the rate applying at the time of delivery.
2.2 Our quotations lapse after 30 days (unless otherwise stated).
2.3 The price quoted excludes delivery (unless otherwise stated or if we are fixing the materials that we are supplying).
2.4 Business customers: Unless otherwise stated, the price quoted is an illustrative estimate only and the price charged will be our price current at the time of delivery.
2.5 Business customers: Rates of tax and duties on the goods will be those applying at the time of delivery.
2.6 Business customers: At any time before delivery we may adjust the price to reflect any increase in our costs of supplying the goods or performing the work (or any variation to the work).
2.7We are under no obligation to carry out any additional work (work not foreseen at the start of the contract) or variations to the work unless the price and details are agreed in writing.
2.8 We shall charge a reasonable rate for additional work or variations we may undertake, where the additional work or variation is
2.8.1 Necessary (in our opinion), or
2.8.2 Carried out at your written request. However, the rate (including the price of goods) may be higher than that used in our quote and must be agreed in writing before commencing.
2.9 Unless stated the price quoted does not include the supply of access equipment of any kind. Costs to supply all access equipment required to carry out quoted works such as scaffolding, towers and mechanical lifting equipment will be charged in addition to the quotation value.
2.10 The price quoted does not allow for glazing to be executed from boats, swings or ladders or for other special works such as the removal of fittings, alteration of frames etc, which may incur an additional cost to the Customer at our discretion. Due to the weight and fragility of glass, additional costs will be incurred where it is necessary to carry glass any undue distance due to lack of access road from our vehicle to the site where glazing is to take place. It is always assumed that byelaw permission has been applied for and granted for normal working hours and that easy access is available.
2.11 Unless stated the price quoted does not provide for making templates for glass shaped or bent whether suppliedonly, glazed or fixed.
2.12 Unless the Customer supplies workable hard templates, all glass and mirrors measured out of square to fit in recesses, against walls or butting against other materials will be cut point to point only allowing to rake where necessary. These items will be subject to 30% uplift on quotation costs and charged at min .3m2.
2.13 The quotation does not include the painting/filling of the frames, sahes, beads or the cleaning of the glass.
3. Delivery
3.1 All delivery and start and finish times quoted are estimates only.
3.2 If we fail to deliver the goods or start the work within a reasonable time, you may (by informing us in writing) cancel the contract, however:
3.2.1 You may not cancel if we receive your notice after the goods have been dispatched or after we have begun the work; and
3.2.2 If you cancel the contract, you can have no further claim against us under that contract.
3.3 If you accept delivery of the goods or our starting the work after the estimated delivery time, it will be on the basis that you have no claim against us for delay (including indirect or consequential loss, or increase in the price of the goods).
3.4 We may deliver the goods in installments. Each installment is treated as a separate contract.
3.5 We may carry out the work in stages. Each stage is treated as a separate contract.
3.6 We may require you to carry out preparatory work before delivery. You must also ensure that people and property are protected in order to comply with any relevant safety regulations. All these things must be done at your expense and within a reasonable time.
4. Delivery and Safety
4.1 We may decline to deliver or carry out the work if we believe that it would be unsafe, unlawful or unreasonably difficult to do so, or if you have not complied with clause 3.6.
4.2 We may decline to deliver if the premises (or the access to them) are unsuitable for our vehicle.
4.3 Even if we have begun work we may decline to continue working for any of the reasons in clauses 4.1 or 4.2.
5. Delivery and Risk
5.1 The goods are at your risk from the time of delivery.
5.2 Delivery takes place either:
5.2.1 At our premises (if you are collecting them or arranging carriage); or
5.2.2 at your premises (if we are arranging carriage or installation).
5.3 Because our product is very fragile we must insist that you inspect the goods on delivery. If any goods are damaged (or not delivered), you must inform our driver, mark any damage or shortage on the delivery note and return the damaged goods on the delivery vehicle.
5.4 If we have to handle any of your glass (or other goods) when delivering or carrying out work we will do so at your risk.
5.5 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 our payment terms. When payment becomes due and payable if the Buyer is still unable to accept delivery, and whilst all due care is taken, the risk of the goods shall pass to the Buyer.
Where the Buyer defers accepting delivery after the goods have been manufactured, the Seller may charge the Buyer for any reasonable storage or additional transport costs which result.
6. Payment terms
6.1 For all orders:
25% of order value is to be received before work of any kind commences.
25% of order value is to be received by way of cleared funds upon completion of the work.
6.2 Business customers: If you have an approved UK credit account, payment is due within 30 days of our invoice date.
6.3 If you fail to pay us in full on the due date:
6.3.1 We may suspend or cancel future deliveries or outstanding work;
6.3.2 We may cancel any discount offered to you;
6.3.3 You must pay us interest at the rate equivalent to that set for the purposes of s6 of the Late Payment of Commercial Debts (Interest) Act 1998:
a. Calculated (on a daily basis) from the date of our invoice until payment;
b. Compounded on the first day of each calendar month; and
c. Before and after any judgement (unless the court orders otherwise).
6.4 If you have an approved business credit account we may withdraw it or reduce your credit limit or bring forward your due date for payment. We may amalgamate all invoices , irrespective of when they were issued, together with all payments received, including pro-forma payments for specific works, to determine the value of your outstanding account. Notice section 6.9.
6.5 We may take any of those actions in 6.4 at any time and without notice.
6.6 Business Customers: You do not have the right to set off any money you may claim from us against anything you may owe us.
6.7 Consumers: You may only set off money you claim from us against money you owe us with our written agreement and on such terms as we may state.
6.8 While you owe money to us, we have a right to keep any property we may hold of yours until you have paid us in full (a lien).
6.9 You are to indemnify us in full and hold us harmless from all expenses and liabilities we may incur (directly or indirectly and including finance costs and legal costs on a full indemnity basis) following any breach by you of any of your obligations under these terms.
7. Title
7.1 Consumers: Your statutory consumer rights are unaffected.
7.2 Business customers: Until you pay all debts you may owe us
7.2.1 All goods supplied by us remain our property;
7.2.2 You must store them so that they are clearly identifiable as our property;
7.2.3 You must insure them (against the risks for which a prudent owner would insure them) and hold the policy on trust for us; Until Title to the goods has passed you will hold the goods or their proceeds of resale in a fiduciary capacity
7.2.4 You may use those goods and sell them in the ordinary course of your business, but not if:
a. We revoke that right (by informing you in writing); or
b. You become insolvent.
c. You are unable to pay your debts as they fall due.
7.3 Business customers: You must inform us (in writing) immediately if you become insolvent or are unable to pay your debts as they fall due.
7.4 Business customers: If your right to use and sell the goods ends you must allow us to remove the goods whether stored or fixed on site.
7.5 Business customers: We have your permission to enter any premises where the goods may have been stored or fixed; you will keep the goods separately identifiable and grant an irrevocable licence for us to enter on to your premises or other site where the goods are stored, with agents and vehicles if appropriate, to recover our property. This clause shall be enforceable, whether or not the goods have been installed by either yourselves or a third party. We shall not be held accountable for any damage caused to your property nor any nominated third party’s property through the enforcement of this clause.
7.5.1 At any time, to inspect them; and
7.5.2 After your right to use and sell them has ended, to remove them, using reasonable force if necessary.
7.6 Despite our retention of title to the goods, we have the right to take legal proceedings to recover the price of goods supplied should you not pay us by the due date.
7.7 You are not our agent. You have no authority to make any contract on our behalf or in our name.
7.8 If you are unable to pay your debts as they fall due we reserve the right to offer full Title of the goods to the owner of the premises to which they are fixed on condition the premises owner pays the outstanding balance of debts in full.
8. Warranties
8.1 We warrant that:
8.1.1 The goods comply with their description on our acknowledgement of order form;
8.1.2 The goods are free from material defect at the time of delivery (as long as you comply with clause 5.3); and
8.1.3 That any work or installation will be carried out with reasonable care and skill.
8.2 Business customers: We give no other warranty (and exclude any warranty, term or condition that would otherwise be implied) as to the quality of the goods or their fitness for any purpose.
8.3 Consumers: Your statutory consumer rights are unaffected.
8.4 If you believe that we have delivered goods or performed services, which are defective in material or workmanship, you must:
8.4.1 Inform us (in writing), with full details, as soon as possible; and
8.4.2 Allow us to investigate (we may need access to your premises and the goods or work).
8.5 If, following our investigations, the goods are found to be defective in material or workmanship and you have complied with those conditions (in clause 8.4) in full, we will (at our option) replace the goods, repair defective goods or work or refund the price (or a proportion of the price).
8.6 We are not liable for any other loss or damage (including indirect or consequential loss, financial loss, loss of profits or loss of use) arising from the contract or the supply of goods or their use, even if we are negligent.
8.7 Our total liability to you (from one single cause) for damage to property caused by our negligence is limited to £5,000,000.
8.8 For all other liabilities not referred to elsewhere in these terms our liability is limited in damages to the price of the goods or work.
8.9 Nothing in these terms restricts or limits our liability for death or personal injury resulting from negligence.
9. Specification
9.1 If we prepare the goods in accordance with your specifications or instructions:
9.1.1. You must ensure that the specifications or instructions are accurate;
9.1.2. You must ensure that goods prepared in accordance with those specifications or instructions will be fit for the purpose for which you intend to use them; and
9.1.3. You warrant that the specifications or designs will not result in the infringement of any rights belonging to a third party and that you will indemnify us in respect of all loss, damage, costs or expenses (including legal fees) which we may incur in connection with any such claim or threatened claim by a third party.
9.2 All prices given are based on definitive design and specification to be provided by the Customer. All construction / fabrication drawings to be issued by the Customer. Any drawings issued by ourselves in order to develop the quotation in to a working soloution will be charged as extra to the quotation, if works are outsourced any costs will be subject to a minimum increase of 20%. If design development is required of us, this will be a negotiated figure based on our estimated time required and chargeable at the rate of £50.00 per hour.
9.2.1. If we produce drawings you must return them within a reasonable time, indicating your approval or any amendments;
9.2.2. We may charge you for making amendments if it is over and above that originally requested or allowed for.
9.2.3. We may revise our quote to account for additional costs as a result of your amendments, where they constitute an addition to or variation of your original specifications (clauses 2.7 and 2.8 apply);
9.2.4. We are not liable for any errors which you approve; and
9.2.5. We retain copyright in our designs or drawings (unless otherwise agreed).
9.2.6. The current building regulations part N require a visual permanent manifestation on large areas of clear glazing where pedestrians might not be aware of the presence of the glazing. Provision for this item has not been included in our offer.
9.2.7. Due to the fact that many of the glass items we produce are of a bespoke nature, we would draw your attention to the visual quality standards we list where applicable in particular large sealed double glazed units and laminated/toughened glass.
9.2.8 We reserve the right to make any changes in the specifications of our goods, which are necessary to ensure they conform to any applicable safety or other statutory requirements.
9.2.9 Templates – All templates supplied to us are deemed to be actual size. We will accept no liability for any alterations + or – from the size. The ‘face’ side (if applicable) should be clearly marked. Any notes or comments regarding the supply of templates should be confirmed in writing.
9.3 We reserve the right to make any changes in the specifications of our goods, which are necessary to ensure they conform to any applicable safety or other statutory requirements.
9.4 Templates - All templates supplied to us are deemed to be actual size. We will accept no liability for any alterations + or - from the size. The 'face' side (if applicable) should be clearly marked. Any notes or comments regarding the supply of templates should be confirmed in writing.
9.5 Business customers only: we also reserve the right to make without notice any minor modifications in our specifications, designs or materials as we think necessary or desirable.
10. Antique Mirror Glass / silvering
Antique or coloured mirrors are obtained by random application of many chemicals. Each piece is therefore unique and by its nature cannot guarantee to produce specific design or colours. Although every care is taken we regret we cannot accept any responsibility that matching will achieved and orders are accepted and executed only on this understanding.
10.1 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 and can highlight any existing surface blemishes or scratches.
11. Back Painted Glass
There are some important factors to take into consideration when ordering back painted glass.
Standard Float glass has a slight green appearance to it, due to the iron content of the glass. It is not a tinted glass, the thicker the glass, the darker it appears to be. When painted, especially with lighter colours, the painting can appear to have a tint to it. When viewed from the face side, the thicker the glass the more tinted it appears to be. In order to maintain the same paint colour, the same thickness of glass should be used throughout the installation.
Although Low Iron or De-Ionised Float glass removes most of the green tint and offers a true colour match when viewed from the face, there is always a slight tint and absoloute colour matches cannot be guaranteed.
Due to the increased reflection when painted, the painted colour can appear lighter with certain colours.
Our paint mixing system is based on RAL & Pantone numbers. A match can be made for Dulux colours; however we do not guarantee to match a Dulux colour exactly. Printed colour swatches may also not be matched exactly.
Jobs should be ordered as one lot if at all possible. It is inevitable there will be variations in batches of paint mixed and sprayed at different times and we therefore cannot undertake to match different lots/batches exactly.
Metallic finishes are achieved by mixing metal particles in the paint and these may not disperse evenly throughout the mix and can appear in concentrations at certain viewing angles. These concentrations cannot be avoided and are deemed acceptable if not visible when viewed from 3 metres at 90 degrees.
In common with other paints the, size, shape and lighting conditions can influence the appearance of the final colour.
12. Return of Goods
12.1 We will accept the return of goods from you only:
12.1.1 by prior arrangement (confirmed in writing);
12.1.2 on payment of an agreed handling charge (unless the goods were defective when delivered) and
12.1.3 Where the goods are as fit for sale on their return as they were on delivery.
12.2 Consumers only: Clause 10.1 does not affect your rights under the Consumer Rights (Distance Selling) Regulations 2000.
13. Export Terms
13.1 Clause 11 of these Terms shall apply to exports except where inconsistent with any written agreement between us.
13.2 Where the goods are supplied by us to you by way of export from the United Kingdom, the 'Incoterms' of the International Chamber of Commerce which are in force at the time when the contract is made shall apply and the goods shall be supplied ex-works unless otherwise agreed.
13.3 The Incoterms are treated as amended by these terms (read as a whole) to the extent that they are inconsistent with them.
13.4 You are responsible for complying with any legislation or regulations governing the importation of the goods into the country of destination and for the payment of any duties due.
13.5 The goods shall be delivered as agreed between us but we shall be under no obligation to give a notice under section 32(3) of the Sale of Goods Act 1979.
13.6 You have the right at your expense and by arrangement with us to inspect the goods at our premises or at the point of shipment before shipment except where otherwise agreed. If you do not exercise that right then the fact the goods passed our quality inspection will be conclusive proof that they were of the warranted quality. We are not liable for any defect in the goods that would be apparent on your inspection unless a claim is made before shipment. We are not liable for any damage during transit.
13.7 Payment of all amounts due to us shall be made as stipulated by us unless otherwise agreed in writing.
13.8 We shall have no liability for death or personal injury arising from the use of the goods where the goods are to be delivered in the territory of another State (within the meaning of s.26 (3) (b) Unfair Contract Terms Act 1977).
14. Construction Work
14.1 If the contract between us is a construction contract under the Housing Grants, Construction and Regeneration Act 1996 then the attached schedule will apply.
14.1.1 These terms will still apply to such a contract to the extent that they are consistent with the schedule.
14.1.2 Unless otherwise expressly stated, no access equipment or plant will have been allowed for within our costs to facilitate our construction on site. This includes mobile towers, scaffold, cranes etc.
14.1.3 All costs for applications, licences, Temporary Traffic Orders or other such requirements required to close a road or site a crane / platform vehicle on a public highway are the responsibility of the Business Customer or Consumer.
14.1.4 On completion of our works a general 'builders' clean will be made of our installation and offered for acceptance. Any further cleaning required after this will be chargeable. Where others carry out cleaning, stringent procedures are to be used particularly in the case of 'coated' glass. Please contact us for information regarding this. Any claims for damaged glass to be made prior to cleaning.
15. Buyer Supplied Information
Thickness, specification, sizes of glass and method of installation stated on documentation or other information supplied by the Buyer do not necessarily imply their adequacy for a specific purpose. 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 as a result of the inadequacy of the Goods for a specific purpose. 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.
16. Toughened Glass Doors
In the event that we quote for the supply and fixing of toughened glass doors or assemblies, holes for the floor springs must be cut out ready to receive them by others. We will not be held responsible for any delay or damage caused as a result of a failure by by yourselves to arrange the same or for any delay or damage resulting from any work carried out by third parties. 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.
17. Cancellation
17.1 If the order is cancelled (for any reason) you are then to pay us for all stock (finished or unfinished) we may then hold (or to which we are committed) for the order. If the contract is for work you must pay us for the work we have completed and for all additional costs we have incurred (or to which we are committed) for the performance of the work.
17.2 We may suspend or cancel the order, by written notice if:
17.2.1. You fail to pay us any money when due (under the order or otherwise);
17.2.2. You become insolvent;
17.2.3. You fail to honour your obligations under these terms.
18. Waiver and variations
18.1 Any waiver or variation of these terms is binding in honour only unless:
18.1.1. made (or recorded) in writing;
18.1.2. signed on behalf of each party; and
18.1.3. expressly stating an intention to vary these terms.
18.2 All orders that you place with us will be on these terms (or any that we may issue to replace them). By placing an order with us, you are expressly waiving any printed terms you may have to the extent that they are inconsistent with our terms.
20. Force majeure
20.1 If we are unable to perform our obligations to you (or able to perform them only at unreasonable cost) because of circumstances beyond our control, we may cancel or suspend any of our obligations to you, without liability.
20.2 Examples of those circumstances include act of God, accident, explosion, fire, flood, transport delays, strikes and other industrial disputes and difficulty in obtaining supplies.
20. General
20.1 English law is applicable to any contract made under these terms. The English and Welsh courts have non-exclusive jurisdiction.
20.2 If you are more than one person, each of you has joint and several obligations under these terms
20.3 If any of these terms are unenforceable as drafted:
20.3.1. It will not affect the enforceability of any other of these terms; and
20.3.2. If it would be enforceable if amended, it will be treated as so amended.
20.4 We may treat you as insolvent if:
20.4.1. You are unable to pay your debts as they fall due; or
20.4.2. You (or any item of your property) becomes the subject of:
- Any formal insolvency procedure (examples of which include receivership, liquidation, administration, voluntary arrangements (including a moratorium) or bankruptcy);
- Any application or proposal for any formal insolvency procedure; or
- Any application, procedure or proposal overseas with similar effect or purpose.
20.5 Business customers: All brochures, catalogues and other promotional materials are to be treated as illustrative only. Their contents form no part of any contract between us and you should not rely on them in entering into any contract with us.
20.6 Business customers only: Any notice by either of us, which is to be served under these terms, may be served by leaving it at or by delivering it to (by first class post or by fax) the other's registered office or principal place of business. All such notices must be signed.
20.7 No contract will create any right enforceable (by virtue of the Contracts (Rights of Third Parties) Act 1999) by any person not identified as the buyer or seller.
20.8 The only statements upon which you may rely in making the contract with us are those made in writing by someone who is (or whom you reasonably believe to be) our authorized representative and either:
20.8.1. Contained in our estimate (or any covering letter) and not withdrawn before the contract is made; or
20.8.2. Which expressly state that you may rely on them when entering into the contract.
20.9 Nothing in these terms affects or limits our liability for fraudulent misrepresentation.
Schedule
1. Payment
1.1 For the purposes of section 110(1) of the Act the final date for payment of a sum due under the contract is seven days after the sum became due ("the Due Date").
1.2 Within five days of the Due Date you must tell us how much of the due sum you have paid or propose to pay, stating the basis on which that amount is calculated. (Clause 6.6 of our terms applies to set-off).
1.3 If you wish to withhold payment of any sum (or part of any sum) after the final date you must tell us:
1.3.1. Within 5 days of the Due Date; and
1.3.2. Detail the amount(s) you propose to withhold and the reason (in each case) for withholding payment. You may tell us by including this information in your notice under paragraph 1.2.
1.4 You may only withhold payment of a sum for delay if:
1.4.1 In accordance with any contract between you and your customer, your customer has deducted a sum because your performance of your obligations to your customer were delayed; and
1.4.2 Our delay in performing our obligations to you caused the delay in 1.4.1;
1.4.3 The sum, which you withhold, is:
- no greater than the sum withheld by your customer;
- no greater than 1% of our contract price of the delayed work for each whole week of delay; and
- no greater than 10% of our contract price of the delayed work.
2. Adjudication
2.1 Either of us may refer a dispute under this contract to adjudication.
2.2 The model adjudication procedure (2nd edition, even if a subsequent edition is issued) of the Construction Industry Council ("the CIC Rules") will apply to any such adjudication, subject to the following:
2.2.1. The adjudicator may determine more than one dispute at the same time;
2.2.2. The adjudicator may at the same time (if required by the respondent to any reference) determine any issue of set-off, abatement or counterclaim;
2.2.3. The adjudicator shall give written reasons with any decision.
3. Reckoning of time
3.1 Time will be reckoned in accordance with section 116(1) of the Act.
4. Application
4.1If you are also carrying out construction work for us, these terms shall be of mutual application.
5. Supplier Account Statements
5.1 All suppliers must issue a statement clearly stating all invoices issued and which are due for payment. This statement must be sent by email and post. No payments will be made without the receipt of a supplier statement and subsequent claims for interest or costs will not be considered if statements have not been issued. All statements should be sent for the attention of;
1. The accounts department - accounts@beaumontrose.co.uk
2. The Director - nick@beaumontrose.co.uk
