Brochan Bartley Glazing systems
(hereinafter called “the Contractor”)
1 The following Terms & Conditions shall apply to all orders placed with the Contractor and any stipulations or conditions in a Customer’s order which conflict with, qualify or seek to negate any of these Terms & Conditions shall be inapplicable to any order placed with us and have no force or effect unless otherwise specifically agreed by a Director of the Contractor in writing when acknowledging the order in question.
2 The Contractor will supply and fit or supply only the Works as required by the Customer subject to the customer making payment to the Contractor for the said Works in accordance with contract terms and conditions as set out below.
a) ” the Contractor”1 means Brochan Bartley Glazing Systems
b) “Customer” means the buyer.
c) “Works” means works required by the customer for installation and supply or supply only of goods
d) “Quotation” means the quotation issued by the Contractor
e) “Contract Price” means the price agreed between the Contractor and the Customer for the Works
t) “Specification” description of the goods and services to be provided by the Contractor including samples, patterns and any drawings incorporated into the Specification.
g) “Residential Customer”1′ means private homeowners and those not connected with commercial concerns or companies
4 The Works
4.1 see attached schedule
5 Customer Responsibilities
5.1 If the contractor visited you at your home in respect of any matters then all residential customer agreements are subject to a 7 day “cooling off ”
period. If you wish to cancel within the cooling off period you should immediately write to the Contractor informing of your wish to cancel. Work cannot commence until the 7 day cooling off period has elapsed.
5.2 The Customer must allow the Contractor access at any reasonable time to conduct any inspections and then to undertake the installation, if the Contractor is not permitted to carry out the works within 12 weeks from the date of this agreement the company reserves the right to increase the price agreed to the price applicable at the time of installation.
NB The Contractor does not undertake structural surveys and therefore if work cannot be completed or any damage is caused through structural or other defects to the property these will be the responsibility of the Customer
5.3 If applicable the Customer will be responsible for obtaining at its own cost and in a timely fashion, so as not to delay or interrupt the regular progress of the Works any consent, permission or approval required by a local authority; landlord or any other permission required e.g. buildings regulations, planning consent, consent under their lease. It is the Customers responsibility to ensure the works will comply with the current legislation. The Customer will be responsible for supplying all structural calculations unless otherwise agreed in writing with the Contractor that the Contractor will supply these.
5.4 The Customer will provide unrestricted and safe access to the site during site working hours. Access roads shall be hard standing. The Customer will be responsible for redecoration.
5.5 The customer is required to ensure full protection of timber by whichever means are suitable i.e. primer, varnish paint or some other method (NB it is not the Contractor’s responsibility to carry out such works)
5.6 The customer is required to remove or relocate all pelmets, rails, blinds and other fixtures in the way of installation.
6 The Contractor’s Liabilities
6.1 This agreement may be cancelled for practical or technical reasons if following the Contractor’s survey it is considered not in either parties’ interest to proceed with the installation
6.2 All goods and materials provided shall be in accordance with the Specification.
6.3 Material samples submitted for approval show susbstance and general character only the exact colour size thickness or shape cannot be guaranteed. Any technical information supplied is given in accordance with the manufacturers instructions therefore the Contractor cannot warrant its accuracy
6.4 The Contractor will carry out and complete the Works in a good and workmanlike manner. Although timescales for completion will be discussed with the Customer time is not of the essence and the Contractor may delay completion if there is a delay caused by circumstances beyond the contractors’ control.
6.5 The Contractor will design the installation in accordance with safe glazing practice and before starting work will carry out a technical survey.
6.6 Unless expressly agreed in writing the Contractor will not carry out any form of design for these Works.
6.7 The Contractor will use its best endeavours to comply with current legislation and best practice but no warranty or other liability on the part of the Contractor shall be created or implied in this regard and it is the Customers responsibility to ensure the works will comply with current legislation.
6.8 The delivery periods quoted are given in good faith. Every effort will be made to complete the work on time but the Contractor cannot be held responsible for delays due to weather or other circumstances beyond their control.
6.9 The Contractor will make good plaster, floor, render and brickwork immediately surrounding the installation but is not responsible for painting or varnishing.
6.10 All redundant materials will be removed from the site and the installation left clean and tidy.
6.11 All glass supplied by the Contractor shall be of good quality but the company shall be under no liability whatsoever in respect of defects not guaranteed by the Glass Manufacturer.
6.12 All reasonable care will be taken during the installation however, the Contractor cannot be held responsible for any internal or external damage caused by the installation of our products.
6.12 The Contractor cannot undertake to remove intact any panes of glass or frames.
6.13 The Contractor does not warrant that their products reduce or eliminate condensation as this depends on the prevailing conditions in the building 6.14 With certain products some maintenance may be required. You will be advised of this on installation. The Contractor is not responsible for damage caused by failure to maintain the products in accordance with their instruction.
6.15 No work will be carried out nor did materials supply other than that necessary for the satisfactory installation of the products. In line with the Contractors policy of continual progress and innovation, they retain the right to modify or vary without prior notice any products but will be obliged to supply products of an equivalent specification and quality.
7.1 At the time of entering into this Contract a deposit equivalent to 30% of the purchase price, including VAT is payable.
7.2 Should the contract be cancelled after commencement of manufacture of the products, the deposit shall be retained and a charge of 20% of the full contract price will become due and payable.
7.3 The balance of the agreed purchase price including VAT is due and payable at the time of completion of installation or the supply of goods. However it may be agreed that payments will be made monthly in which case the sums will become payable on the invoice date with the balance becoming due on the completion of the works.
7.4 Monthly payments or any other payment schemes agreed between the Contractor and the Customer are subject to satisfactory credit checks and ratings and the Contractor may refuse any payment schemes if an adverse rating is received.
7.5 Value Added Tax (VAT) will be charged at the current rate on installation.
7.6 If you fail to pay the balance in full on completion of installation or the supply of goods, the company reserves the right to immediately charge you interest at the rate of 5% above the base rate of the Bank of England on a daily basis on all outstanding amounts,
7.7 All invoices outstanding for 30 days from the date of completion will be referred to our legal representatives to issue proceedings for recovery. At that point administration costs court fees and interest and legal costs will be incurred and added to the outstanding invoice together with all other administrative charges incurred by failure to settle the invoice. The Customer will become liable for all such costs from that date i.e. 30 days from the invoice date.
7.8.1 AH goods and materials supplied by the Contractor will remain the Contractors property until the Customer has paid in full for the goods and materials. The Contractor reserves the right to remove any of its products if payment is not received
NB please note this also includes goods and materials which have been installed
7.9 The Customer will not be permitted to make any retention or to withhold payment in whole or in part unless it has been agreed with the Contractor prior to the issue of the invoice that they may do so.
7.10 The Customer will not be entitled to make any retention unless it has been agreed with the Contractor prior to the issue of the invoice that they may do so.
7.1 1 In the case of non-payment of any account by its due date due to death, incapacity, bankruptcy or insolvency of the Customer or when the Customer is a Limited Company in the case of liquidation or the appointment of a receiver the purchase price of all goods delivered to that date and /or any sums already due from the Customer shall become payable immediately. In addition the Contractor will have the right to cancel every contract made with the Customer or to cancel, suspend or discontinue delivery of goods and materials. This provision acts without prejudice to the Contractor’s right to recover any loss sustained as a result of the above circumstances.
7.12 If the Customer wishes to vary the works resulting in additional cost to the Contractor then these additional costs will be added invoiced separately and will become payable on completion.
8.1 Samples submitted for approval show substance and general character only. Colour, si/e, thickness or shape cannot be guaranteed.
8.2 Technical information quoted is based on information generally, distributed by manufacturers and we cannot warrant the accuracy of such.
8.3 Where existing materials are to be removed and set aside for re-use the Contractor will take reasonable care but will not be liable for any breakages. Breakages will be replaced by the best alternative materials reasonably available and charged as an addition to the contract price.
9.1 The Contractor will take all reasonable eare to manufacture and supplymaterials of adequate quality
9.2 Subject to the Contractor being afforded reasonable opportunity to investigate the Contractor will rectify at its own cost any defects or faults notified to them by the Customer in writing within 12 months of completion of the works or supply.
9.3 Manufacturer’s guarantees will be supplied to the Customer which covers any powder coating, aluminium frames or the UPVC and some glass defects. These will only be supplied once payment in full has been received.