ACE GLASS & MIRRORS LTD TERMS AND CONDITIONS OF SALE
This covers all sales in addition to any further online terms and conditions
Ace Glass & Mirrors Ltd are hereafter called the Company
These terms and conditions are applicable to all sales & purchases. No variation of these terms, nor cancellation of the Order shall be permitted unless the same shall have been agreed in writing by the Company. Any oral representation or promises, conditions or warranties made in good faith on behalf of the Company are not guaranteed.
1.ESTIMATES & PRICES
Estimates and prices do not amount to any offer on our part but are merely an invitation to treat and are therefore subject to our acceptance of your order at the time it is placed. Estimates and prices are valid for acceptance within 30 days from date of issue unless otherwise stated in writing. All sketches of windows, doors, and glass are viewed from outside. Mirrors are viewed from face side.
We will make every reasonable effort to maintain the estimated price agreed on acceptance of your Order, but if after acceptance the cost to us of performing the Order is increased directly or indirectly from any cause we may need to make a corresponding increase in the price to you. List of additional costs are available on request.
All non account customers are required to pay a minimum deposit on acceptance of an Order, and should you then cancel or purport to cancel your Order such deposit may be forfeit in whole or in part at our discretion. Where work is to proceed over a period we may also require advance payments from time to time and shall not be bound to continue work unless such advance payments have been made.
Whilst every care will be exercised in removing old material, all customers own materials are handled at own risk, no making good of, timber/any material, decoration or painting will be undertaken by the Company.
No electrical or wiring, will be undertaken by the Company.
The Company reserves the right to cancel the Order at any time and the liability of the Company to the customer shall be the refund of all monies paid by the customer
All prices and estimates unless indicated otherwise, are shown with VAT separate, which when applicable will be charged in addition in accordance with the rate and rules then in force.
Invoices and Pro-forma invoices should be checked for any inaccuracies before payment as once paid details will be deemed as correct.
In default of payment the Company may
(a) without incurring any liability for consequential or other loss suspend all work on any Order with the customer until the invoice and any interest (as hereunder mentioned) is paid in full.
(b) Charge and be entitled to be paid interest at the rate of 5% per annum above the base lending rate from time to time of the Bank of Scotland PLC on the unpaid invoice from date of completion.
(c) Main accounts - strictly monthly
9. DEFAULT OF THE CUSTOMER
If the customer shall fail to make payment in accordance with foregoing conditions, or any distress or execution is levied upon the customers goods or if the customer makes or offers to make any arrangement or composition with his creditors or commits any act of bankruptcy or if any petition or receiving order in bankruptcy is make against him or if the customer is a limited company and any petition or resolution to wind up its business (other than for the purpose of amalgamation or reconstruction) is passed or presented or if a Receiver or Administrator of all or part of such companies assets is appointed then without prejudice to any other rights we may have. The Company shall be released all from further contractual obligations to the customer and the following sums shall become immediately due and payable.
(a) The full list price of goods delivered
(b) The full list price of all goods manufactured to the customers order awaiting delivery.
(c) The full list price of all goods partly manufactured to the customers order awaiting delivery
(d) The balance outstanding on any samples account
(e) Interest at the rate specified in clause 8(b) hereof on all outstanding sums from their due date of default whichever be earlier. For the avoidance of doubt this condition shall entitle us recharge to and claim from any customer in default any discount from list price, which may have been allowed in addition to the net amount outstanding in respect of the invoice.
We reserve the right to sub-contract any work if in our discretion it is necessary or expedient to do so.
11. RESERVATION OF TITLE
Until all goods and services supplied have been paid in full including accrued interest on overdue invoice, all goods supplied shall remain the sole property of the Company and the entire right title and interest legal and equitable in such goods shall remain with us. The Company shall be entitled to recover the goods at any time if an invoice is unpaid and for such purpose may enter upon any land or building in which the goods are situated. Notwithstanding this provision the risk in goods shall pass to the customer on delivery and until title passes, the relationship shall be that of bailor and bailee
12. CONSEQUENTIAL LOSSES
The Company shall not be liable for any consequential loss howsoever arising.
13.DELIVERY AND COMPLETION DATES
Times are based on information available at the time of the estimate, price or order and is subject to variation due to work load and manufacturers supply dates. We are not contractually bound by them and shall not be liable for any loss or damage to the customer or any other person or organisation arising because of delay however occasioned. Any proposed delivery date shall not be a Term of the Contract. All deliveries by our own vehicle will be tailboard delivery. Deliveries by third parties cannot be guaranteed and are subject to their terms. All goods have to be checked on delivery or collection for damage or defects or missing items and reported to us immediately, or we will be unable to replace the damaged or defected item free of charge. If there are more then 10 items then we allow 24 hours to report damage or defected item. All items need be checked before installation or fitting and we accept no liability whatsoever for installed or fitted items.
14.LIABILITY AND COMPLAINTS
(a) Goods supplied shall be of merchantable quality, but we do require any complaint or claim alleging a defect in goods to be made verbally a time of collection or delivery and possibly in writing within a reasonable time in stating the precise reason. The customer shall afford us every facility we may reasonably require to check the substance of the complaint including, if necessary, inspections, tests and assessments in situ at the customer’s premises and investigations and advice on remedial action. All items need be checked before installation or fitting and we accept no liability whatsoever for installed or fitted items.
(b) Glass is fragile and whilst we will use reasonable care we do not accept liability for breakage or damage to customers own glass or glass product resulting from our handling, storing, transporting, installing, processing, cutting or drilling it at customers request.
(c) We do not accept liability for suitability, compatibility or durability of customers own products or manufactured bespoke designed products.
(d) We do not accept liability for any breakage/damage of glass, mirror, window or door products, including mechanical or adhesive fixings once collected or delivered. Or any work carried out by the customer/third party in close proximity resulting in breakage or damage.
The customer shall not be entitled to reject any material on account of imperfections or variations inherent in the glass making process and within commercial tolerances.
Under its policy of continued improvement or in the event of non-availability, the Company reserves the right to buy-in, alter, change or amend without notice its product specification at any time.
The customer shall be responsible for ensuring that the supply and fitting of the Company’s products complies with every applicable statute, order in council, regulation or direction of Government, local or other authority, and in particular that he has lawfully obtained every necessary licence, permit or authority required in connection herewith.
Any product any that fails within the guarantee period will be re-supplied at our and/or the manufacturers discretion. providing installation guidelines are followed. All guarantees do not include any site work, labour, fitting or installation. Specific guarantee's are available for breakdown of sealed units - click here (providing the sealed unit have been glazed onto suitable glazing block and with compatible sealant), and premature oxidation of silvered glass mirrors - click here (providing only compatible substances have been in contact, it has been fixed with sufficient air flow behind, the edges have not been sealed, and foil backing was purchased if in moist/humid room such as bathrooms, gyms or kitchens), which can be viewed through our website www.aceglassandmirrors.co.uk, by email, at our premises or by request. No guarantee is offered for breakages on any of our products once collected or delivered, including glass, mirrors, sealed units, upvc, hardware, mechanical fixings or adhesive. No guarantee of compatibility if offered when using other own products with ours. Also any bespoke design products are manufactured at customers own risk, and we do not guarantee suitability or durability.
The customer shall give to the Company written notice within installation or any claim that all or part of the products and/or services are not of the stated or satisfactory quality. Any investigation that the Company shall accordingly undertake shall be entirely without prejudice to the Company’s rights under the terms and conditions and shall in no way constitute an admission of liability to modify, remedy or alter any product and/or service under investigation
Notwithstanding anything in these Conditions to the contrary we shall not under any circumstances be liable to the customer in respect of any breach of these conditions which may be caused by act of God, by force majeure, by wear, riot, civil, commotion, Government order, direction or legislation, fire, accident, strike, industrial action short of a strike, lock-out, adverse weather conditions, delays to transport, terrorism or any other matter whatsoever over which we have no control
These Conditions of Business apply in all cases and take precedence over and exclude entirely any terms, stipulations, or conditions which the customer may purport to introduce in accepting an estimate or placing an order even if such condition contain a condition similar to this one. No employee has authority to waive or vary these conditions. A waiver or variation therefor is only valid if made in writing or confirmed by A. Feast, Ace Glass & Mirrors Ltd
Ace Glass & Mirrors is a limited company registered in England and Wales.
Registered number: 06080069
Registered office: 5 Alum Chine Road, Westbourne, Bournemouth, BH4 8DT