Commercial Window Frame Replacement Terms & Conditions
The acceptance of the quote, electronically via email, purchase order or paid deposit or by any other means signifies a full acceptance and commitment to accept the full terms and conditions.
All payments are due on completion of the works unless a credit account is arranged and approved.
All drawings and sizes of windows + styles, openings, + the level of safety glass, privacy glass, that is required and trickle vents etc will be sent and shared with the relevant person in charge, and once electronically accepted is the responsibility of the client, person in charge or project manager, sizes and projections are shared and information on how the windows and doors will be set and fitted within the openings, any changes must be sent back as a matter of urgency within 24 hours after electronic acceptance, due to certain window openings that have been surveyed to install the new windows between the existing architraves, these must be left accordingly to the final email or drawings and discussions on how the windows will be fitted, no alterations are to be made once the drawings and sizes have been accepted
Misty Glaze will not be liable for any changes in the U value Ratings etc, or air leaking from the building from trickle vents, all certifications and calculations are sent as an estimate from the manufacturers.
Misty Glaze can only estimate lead times, due to ongoing glass shortages and material shortages, the company will not be liable for any late planned works, or the over running of any installations.
It is very important for commercial clients to check all window drawings and technical specifications and U value Certificates before electronic acceptance, all email history will be stored on the companies CRM system as evidence of engagement
When certain types of sections or outer frames is used to suit the existing openings, the glass specifications may change in line with making the window perform to A-rated standards
If the company is forced to stop any planned works due to any members of staff that require access to the companies working area, additional charges maybe required
The company has a link to the full terms and conditions on all estimates that have been sent to the client and can be found at www.mistyglaze.com/terms-conditions
The Customer agrees to purchase and have installed, and The Company agrees to supply and install the goods as set out in the first part of the Agreement overleaf.
In These conditions:
“BUYER” means the person so specified on the order form and whose order for the Goods is accepted by the Seller.
“GOODS” means the Goods (including any instalment of the Goods or any part of them) which the seller is to supply in accordance with these conditions.
“SELLER” means the Company whose name is printed on the Order Form upon which these terms and conditions are printed.
“CONDITIONS” means the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) includes the matters set out in the order form and contract and any special terms and conditions agreed in writing between the Buyer and the Seller’s Directors.
“CONTRACT” means the contract for the purchase and sale of the Goods in consequence of the Buyer’s acceptance and all such contracts shall incorporate these conditions.
“WRITING” includes telex, cable, facsimile transmission, email, and comparable means of communication.
3. BASIS OF THE SALE
- The Seller shall sell and the Buyer shall purchase the Goods in accordance with the order form, or any written order of the Buyer which is accepted by the Seller, subject in either case to these conditions, which shall govern the contract to the exclusion of any other terms and conditions subject to which any quotation is accepted or purported to be accepted, or any such order is made or purported to be made by the Buyer.
- No variation to these Conditions shall be binding unless agreed in writing between the Buyer and an authorised Director of the Seller.
- The Seller’s employees or agents are not authorised to make any representations concerning the Goods unless confirmed by the Director of the Seller in
writing. In entering into the contract, the Buyer acknowledges that it does not rely on, and waives any claim for breach of any such representations which are so not confirmed.
- Where the order includes installation of the Goods by the Seller, the Buyer shall grant the Seller or its surveyor access to the premises at reasonable times for the purpose of taking measurements and carrying out the work specified.
- The Seller reserves the right to cancel any order by refunding all monies paid if, upon receipt of a report from its surveyor, the installation is deemed unsatisfactory to the Seller, or in the event of an unsatisfactory credit rating being obtained in respect of the Buyer.
- The Seller reserves the right to remove any goods from the Buyers property if the full contract has not been paid in full.
- When the works have been completed all monies are due immediately.
4. ORDERS AND SPECIFICATIONS
- No order submitted by the Buyer shall be deemed to be accepted by the Seller unless and until confirmed in writing by the Seller’s authorised director.
- The quantity, quality, and description of any specification for the Goods shall be those set out in the Seller’s order/survey form.
- The Seller reserves the right to make any change in the specification of the Goods which are required to conform with any applicable safety or other statutory requirement, or, where the Goods are to be supplied to the Seller’s specification, which do not materially affect their quality or performance.
- No order which has been accepted by the Seller may be cancelled by the Buyer except with the agreement in writing of the Seller and on the terms that the
Buyer shall indemnify the Seller in full against all loss (including loss of profit) costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Seller as a result of the cancellation. All deposits taken under such circumstances will be held against future costs levied.
5. SAFETY GLASS
Under current legalisations it is necessary in certain circumstances to install safety glass. The Company will at its discretion use safety glass or either laminated or toughened finish to comply with BS 6262.
6. PVCu WEATHER PERFORMANCE
PVCu Weather performance – will be in excess of the most sever grade defined in BS 6375.
The Company does not warrant that the installation of double glazing or replacement windows will eliminate condensation problems and the Company cannot accept responsibility for prevention of condensation in any form.
- The Guarantee does not cover glass breakage occurring after installation.
- Any dates quoted for the delivery/installation of goods are approximate only and the Seller shall not be liable for any delay in delivery of the Goods
howsoever caused. Time for delivery/installation shall not be one of essence unless previously agreed by the Seller’s Directors in writing. The Goods may be delivered/installed by the Seller in advance of the quoted delivery/installation date upon giving reasonable notice to the Buyer.
- If the Buyer fails to take delivery/installation of the Goods or fails to give the Seller adequate instructions at the time stated for delivery/installation
(otherwise than by reason of any cause beyond the Buyer’s reasonable control or by reason of the Seller’s fault) then without prejudice to any other right or remedy available to the Seller, the Seller may:
- Store the goods until actual delivery /installation and charge the Buyer for reasonable costs (including insurance) of storage: or
- Sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract or Charge the buyer for any shortfall below the price under Contract.
- Any defects which become apparent upon delivery/installation or installation shall be notified by the Buyer to the Seller in writing within 7 days. (By recorded delivery to the Seller’s H/O).
- In the event of a minor defect or omission arising upon delivery/installation the Buyer shall upon given written notice under clause
- (here of) be entitled to retain up to 5% of the contract price. Subject to retention of up to 5% of the contract price the balance of the price shall be paid immediately in accordance with clause 3.7.
- The Seller will issue a parts and labour guarantee in the Seller’s standard form current at the date of the Order upon completion of the delivery /installation and upon full payment of the price payable hereunder.
- Guarantees are issued to the Buyer and are not assignable except to the Buyer to the buyer’s spouse or former spouse.
- All glass used is the best available, but glass manufacturers will not give a guarantee covering minor imperfections and the Company cannot be held responsible for any such imperfections.
- The Company Guarantee does not warrant for storm damage, floods, or other acts of God.
Payment of the total price (less any deposit paid) shall be made by the Customer to the Company (or its representative) immediately upon date of delivery/installation. By bank draft, bacs payment, cheque, or cash. All draft or money orders should be made payable to MJ Glazing Repairs Limited T/A Misty Glaze.
The Company will not be responsible for removal or replacement of Curtains, Pelmets, Venetian Blinds, Ornaments, and articles of furniture on or adjacent to the
a. Although every care will be taken with the internal decorations of the installation property, the Company will not be held responsible for any damage howsoever caused to those decorations during installation.
b. The Company will not accept responsibility for any damage caused to telephone lines, television aerials and security alarms during installation.
It is hereby agreed and declared that this agreement is neither a hire purchase agreement, nor credit sale agreement, nor contract deriving from an unsolicited call.
13. THE CONTRACT
This Contract should be governed by the laws of England and Wales.
14. YOUR RIGHT TO CANCEL
You have the right to cancel this agreement within seven days of receipt of this contract copy. Your cancellation must be written notice addressed to the Company (recorded delivery post is advisable).
Cancellation after 7 days will be considered, provided you compensate us for losses and expenses we have incurred.