TERMS & CONDITIONS
Sunvista is manufactured in London by Compass Glass under licence and quotations for supply and installation of Sunvista will be issued by them.
COMPASS GLASS LIMITED TERMS AND CONDITIONS
In these terms and conditions the ‘Supplier’ means Compass Glass Limited registered in England under No. 2584174 and ‘Customer’ means the main contractor, company or persons to whom the Supplier has agreed to supply the goods in accordance with these terms and conditions.
1. Any quotation, order or confirmation in writing issued by the Supplier shall be subject to these terms and conditions.
2. A quotation, subject to the Supplier’s terms and conditions, is open for acceptance for one month from the date issued after which the quotation will lapse unless renewed by the Supplier.
3. Unless otherwise confirmed in writing by the Supplier all prices quoted are exclusive of VAT.
4. There will be no discount or retention deducted by the Customer unless clearly stated on the Customer’s tender enquiry and acknowledged in the Supplier’s quotation.
5. The Supplier does not accept apportionment of LAD’s or damages of any kind unless previously agreed in writing prior to commencement of any work.
6. Any quotation given will be based only on the information and details included in the information, specifications, drawings or documents received at the Supplier’s head office with the invitation to tender. Only those items would have been examined or taken into consideration. On-site inspection may not have been carried out whether stated to be available or otherwise. In the event of differences between the information provided and the site such differences will be treated as a variation and be subject to an increase to the Supplier’s quoted price.
7. Unless stated otherwise on the tender enquiry it has been taken that all openings/grounds will suitably prepared, be plumb, level and square. Should this not be the case additional charges for shaped materials as well as the additional costs for taking templates or for additional surveying procedures will be applicable.
8. Unless otherwise expressly stated, no access equipment or plant will have been allowed for within the Supplier’s costs. Should mobile towers, scaffold, cranes be required to facilitate installation of glass or associated materials these are to be provided free of charge by the Customer.
9. On completion of works installed by the Supplier a general builder’s clean will be made and presented for acceptance. Any further cleaning required thereafter will be chargeable.
10.The Supplier does not provide rigid protection for the glass or framing following installation. Low tack tape will be applied to the visible faces of aluminium frames and if site conditions are suitable (dust free) and if required, a protective film can be applied to the glass surfaces. Any additional protection of the works that may be required remains the liability and responsibility of the customer for the duration of the contract.
11.The Customer will issue instructions in writing or by issue of drawings for all the variations to the Contract. Failure to issue such instructions will not release the Customer from his responsibility to pay, in full, for any variations.
12.Variations will be priced at the Supplier’s current rates. The Customer will not withhold payment for variations.
13.The Supplier is under no obligation to carry out additional work (work not foreseen at the commencement of a contract) or variations to the work unless the details are agreed in writing, instructed by drawing and the financial sum is agreed.
14.The Supplier reserves the right to increase rates and prices as and when necessary due to any increased material prices initiated by manufacturers which affect the Supplier’s works.
15. Any typographical, clerical or other error or omission in any sales literature, quotation, price list, order, invoice or other document or information issued by the Supplier shall be subject to correction without any liability on the part of the Supplier.
16.The Supplier’s liability for advice is limited to the standard set by comparison to reasonable skill and care of the competent specialist only. Unless otherwise stated the Supplier does not accept design liability.
17. Additional services provided extra to any order or quotation shall be recorded and paid on a day rate basis and will be charged at the Supplier’s day rates.
18.The Supplier reserves the right to charge costs and expenses in connection with abortive and unnecessary visits when required to attend site or for any standing time should work on site be delayed at the fault of the Customer.
19.If the Supplier incurs any costs (including storage charges) as result of the Customer’s neglect or default, the Customer will be liable for and pay the additional costs incurred in addition to the contract price.
20.Unless otherwise agreed payment terms are 25% deposit against the order value payable with order; 65% payment against order value at point of delivery or part thereof; final 10% payable following completion on site.
21.The Supplier reserves the right to charge interest at the rate equivalent to that set for the purposes of Section of the Late Payment of Commercial Debts (Interest) Act 1998 or at the same rate for a private customer.
22.Delivery dates mentioned in any quotation, order or other document issued by the Supplier are approximate only and not of any contractual effect. The Supplier shall not be liable for any delay in delivery howsoever caused.
23.Ownership and title of the goods remains with the Supplier and will not pass to the Customer until the Customer has paid for all of the goods and no other amounts are owed by the Customer to the Supplier in respect of any other goods or services supplied by the Supplier.
24.The Customer shall carefully examine the Goods as soon as possible after delivery and shall notify the Supplier of any breakages or imperfections within three working days commencing the day of delivery to the Customer. In absence of notification the Customer excludes all liability in respect of any breakages and imperfections.
25.The Supplier may decline to deliver or carry out the work if the Supplier considers that it would be unsafe, unlawful or unreasonably difficult to do so. Even if the Supplier has commenced work on site the Supplier reserves the right to decline to continue working on the site should it be considered unsafe to do so.
26.The Supplier shall not be liable for any consequential or indirect loss suffered by the Customer whether this loss arises from breach of a duty in contract or tort or in any other way (including loss arising from the Supplier’s negligence).
27.The acceptability of glass quality is to be judged by reference to Glass and Glazing Federation’s Standards ( applicable to the product concerned. In respect of all other materials installed the relevant British Standards will apply.
28.Spontaneous glass breakage is a phenomenon by which toughened glass may spontaneously break without any apparent reason. Spontaneous fracture of toughened glass through nickel sulphide or any other inclusions whether heat soak tested or not can occur and is not covered under any warranty. Replacement costs remain the liability of the Customer.
29.The performance of glass systems, in particular ‘U’ values, in relation to the whole building cannot be determined by the Supplier and no guarantee is given in respect of such advice, however, performance sheets can be provided upon request. Unless stated otherwise any ‘U’’ value stated will be the centre pane value when glazed vertically. The ‘U’ value can be lessened when glazed horizontally.
30.Design drawings are not included within the offered price unless requested at the time of the initial enquiry. Any drawings produced would ordinarily be limited the Supplier’s works only and include plans and sectional drawings only. Drawings of surrounding finishes or interfacing elements are not included unless stated otherwise.
31.The Supplier reserves the right to ownership and copyright to all plans, drawings, patterns and samples, specifications relating to the Goods and such documents and Goods shall not be copied, reproduced, assigned, transferred or shown to third parties without prior written consent of the company.
32.Notwithstanding that the Customer may be a residential occupier as defined by the Housing Grants Construction and Regeneration Act 1996 (the Act), the Supplier and Customer agree that either party may refer a dispute to adjudication at any time, following the rules and procedures of the Scheme for Construction Contracts Part 1 (the Scheme).
33.This contract is governed by the law of England and Wales.