Terms & Conditions
These Terms and Conditions shall apply to the provision of services by MJ GLAZING REPAIRS LIMITED/MISTY GLAZE. Head office address is Misty Glaze Unit 5 Leys Farm Business Centre, Chelmsford Road High Ongar, Essex CM5 9NW (“the Glazier”) to customers that require his services.
Misty Glaze reserves the right to amend our terms & conditions at any time deemed necessary. All quotations are guaranteed for 28 days, after this our price may be subject to change. The acceptance of the quote, electronically or by other means signifies a full acceptance and commitment to accept full terms & conditions.
In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
Means the contract into which the Parties will enter on the Customer’s acceptance of the Quotation and of these Terms and Conditions which shall incorporate, and be subject to, these Terms and Conditions [and which is attached hereto as Schedule 1];
- “Agreed Date”
means the date on which the provision of the Services will commence as agreed by the Parties [as evidenced in Schedule 1];
- “Agreed Times”
means the times which the Parties shall agree upon during which the Glazier shall have access to the Property to render the Services [as evidenced in Schedule 1];
- “Business Day”
means, any day (other than Saturday or Sunday) on which ordinary banks are open for their full range of normal business in 40A Station Way, Buckhurst Hill,. Essex IG9 6LN.
- “Confidential Information”
means, in relation to either Party, information which is disclosed to that Party by the other Party pursuant to or in connection with the Agreement (whether orally or in writing or any other medium, and whether or not the information is expressly stated to be confidential or marked as such);
means the individual or business that requires the Services subject to these Terms and Conditions and the Agreement;
Double Glazed Unit.
- “Final Fee”
means the total of all sums payable which shall be shown on the invoice issued in accordance with Clause 4 of these Terms and Conditions.
means the complete rendering of the Services;
means the Customer’s initial request to acquire the Services from the Glazier as set out in Clause 2 of these Terms and Conditions;
means the products required to render the Services which the Glazier shall procure and supply (unless otherwise agreed);
means the Customer’s property or premises, as detailed in the Order and the Agreement, at which the Services are to be rendered;
means a quotation detailing proposed fees and services supplied to the Customer in accordance with Clause 2 of these Terms and Conditions;
- “Quoted Fee”
means the fee which will be quoted to the Customer following the Order which may vary according to the actual work undertaken as set out in Clause 4 of these Terms and Conditions;
means the glazing services provided by the Glazier as detailed in Clause 5 of these Terms and Conditions; and
means any occasion, scheduled or otherwise, on which the Glazier shall visit the Property to render the Services.
Unless the context otherwise requires, each reference in these Terms and Conditions to:
- “writing”, and any cognate expression, includes a reference to any communication effected by electronic or facsimile transmission or similar means;
- a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
- “these Terms and Conditions” is a reference to these Terms and Conditions and each of the Schedules as amended or supplemented at the relevant time;
- a Schedule is a schedule to these Terms and Conditions;
- a Clause or paragraph is a reference to a Clause of these Terms and Conditions (other than the Schedules) or a paragraph of the relevant Schedule; and
- a “Party” / “Parties” refer to the parties to these Terms and Conditions.
- The Glazier accepts orders for his Services through email, telephone, post.
- When placing an Order the Customer shall set out, in detail, the Services required. Details required include the location and size of the Property, number and type of rooms in which work is required, the type(s) of glazing (e.g. double glazing, stained glass etc.). [The Glazier shall provide an order form to the Customer which shall provide prompts for all required information.] [All such details are set out in the Agreement.]
- Once the Order is complete and submitted the Glazier shall prepare and submit a Quotation to the Customer either by email or first class post which shall set out the required Deposit and fee, detailed in Clauses 3 and 4 respectively.
- The Customer shall be free to make changes to the Order and Quotation prior to acceptance. The Customer may accept the Quotation by telephone, email or first class post.
- The Glazier accepts orders for his Services through email, telephone, post.
- At the time of accepting the Quotation or not more than 7 days thereafter the Customer shall be required to pay a 50% Deposit to the Glazier. The Deposit shall be £ This price EXCLUDES value-added tax (VAT). Orders shall not be deemed confirmed until the Deposit is paid in full. By paying the agreed deposit fee, both parties agree to the terms and conditions set forth within this agreement.
- Subject to provisions of Clause 8 the Deposit shall be non-refundable.
- The Quoted Fee shall include the price payable for the Services and for the estimated Products required to render the Services [and is further evidenced in Schedule 1].
- The Glazier shall use all reasonable endeavours to use only the Products (and quantities thereof) set out in the Quotation and the Agreement; however if additional Products are required the Final Fee shall be adjusted to reflect this. Any such increases shall be kept to a minimum.
- In the event that the price of Products or services increase during the period between the Customer’s acceptance of the Quotation and the commencement of the Services, the Glazier shall inform the Customer of such increase and of any difference in the Final Fee.
- The Glazier shall invoice the Customer when the provision is complete.
- All invoices must be paid within 30 days of receipt by the Customer.
- Any sums which remain unpaid following the expiry of the time period set out in sub-Clause 4.5 shall incur interest on a daily basis at 3% above the base rate of the bank of England obtaining at the time.
5. Products and Services
The company cannot accept any liability for any slippage of double glazed, and single glazed units, or sudden breakages or explosions of glass. Sizes will be manufactured to surveyor guidelines, architects and manufacturing specifications should be available for the company to access in order for the company to order the new glass the recommended sizes for the specific profile.
The company will accept no liability for any wrong glass sizes when ordered, if the frames are not square or show any signs of defects or wrong doing on installation. If the frames are not square and the DGU breaks, or will not fit correctly when shuffling into the frame, the company cannot accept responsibility, and a charge for the DGU, plant hire access, and labour will be applicable for the working day/night.
Some sizes in the width/height will have to be reduced to make the DGU shuffle into the frame if it is twisted. DGU sizes will be made to suit each specific frame, and may not be sized to the manufacturing guidelines of the profiles, if the frames are not square.
The company will issue data sheets and specifications to the purchaser of the temporary products being used to secure a buildings window frame or door frame, it’s is the purchaser’s responsibility to check that all data sheets are acceptable for the building regulations.
The company cannot accept and liability for the existing fixings, pressure plates, or face caps, when replacing glass units in existing profiles, or weather seals and gaskets, waterproof sealant will be applied when necessary by our installers.
Wrap around patio doors
The company cannot be responsible for any fixings when trying to take a wrap around system apart, or any wheel alignments and locks, if these problems occur after a glass replacement, a locksmith would be required at the expense of the customer.
French doors + windows
The company cannot accept any responsibility for any lock problems after replacing any glass after the correct method of glazing is carried out, all beads and profiles maybe obsolete, and can become brittle and break when replacing, we cannot take any responsibility if this occurs, however the company will try to find a suitable solution.
Seals and gaskets can shrink overtime, if these are obsolete, alternatives will be discussed with the customer, and a correct waterproof colour suited sealant will be applied. All existing backwedge rubber gaskets will be re used, unless any defects and prices discussed on survey of the products.
Toughened safety glass
Toughened glass can sometimes produce a glare from outside of the building due to the manufacturing process, and sudden explosions can occur, heat soaked glass will be discussed and offered as extra if in any critical locations.
Low-E softcoat glass can produce a Hazy look in certain angles of sunlight, this is due to the low emmesive coating, the company will not be liable to any changes.
Any blemishes or imperfections are not guaranteed by the manufacturer if cannot be noticed from 3.0 metres.
All quotes and estimates are based on re use of any existing beadings and gaskets, and excludes removal and replacement of any furniture, fixings, curtains, nets or blinds, we all of these items should be taken down by the client before the glass replacement, and put back up after the glass replacement.
We cannot accept any damage that is done to any profiles glazing beads, products or walls when carrying out a replacements.
We cannot guarantee clearing away every particle of broken glass, or the visual quality of glass products, including fine scratching, seeds, bubbles, brewsters fringes, wire alignment, distortion or double reflection in sealed units.
The company cannot accept any responsibility for existing fixings, or holes made in the frames, if a load is bearing on the top of the frame, we cannot accept any future problems with the new hinges fitted, rivets will be used as alternative to screws if fixing holes are to big to take another screw, and we cannot accept any water or rust that the fixings are exposed to.
The company will not accept responsibility for any damages to uPVC frames or glass when trying to bypass a seized locking mechanism, some frame work will need to be altered to retrofit any non profile related lock keeps for the suited locking mechanism fitted by the company, not all locks fitted will be like for like, the company cannot accept any liability for any break ins, or frame defects, and if any fixings have been rounded off, or rusty, the job can be aborted at any time, the companies engineers would spend 30 minutes trying to bypass a seized locking mechanism, if the results are not achieved within this time, a minimum call out fee will be applicable.
All plant hire must be kept on site in a secure location, and we cannot be responsible for any late pick ups, or cancellations by the hire company.
Planned commercial works
If the company are told to stop any glazing works with immediate affect by any site managers etc, there will be a daily charge, for any plant hire, labour, operatives salarys, + any extra plant hire cost, deliveries and pick ups, and rescheduling costings.
The company cannot take any responsibility for any condensation occurring after a glass replacement (only if between the panes) any surface condensation or external condensation, a leaflet or link to our glass manufacturers will be made available for further technical information.
All commercial glazing contracts will be issued with a 1 year warranty on all glass replacements, and the warranty can be used if there are any signs of sealed unit failure (misty between panes) .
- The Services shall be rendered in accordance with the specification set out in the accepted Quotation and in the Agreement (as may be amended by mutual agreement from time to time).
- The Glazier may provide sketches, impressions, plans or similar documents in advance of the Job. Any such material is intended for illustrative purposes only and is not intended to provide an exact specification of the Job nor to guarantee specific results.
- The Glazier shall use all reasonable endeavours to ensure that the glass used matches that chosen by the Customer and is consistent throughout the Property (or relevant areas thereof). Notwithstanding this the Glazier cannot guarantee the quality, tint, colour, pattern or finish the glass; nor can consistency be guaranteed throughout due to unavoidable variances which may arise in the manufacturing process of the glass.
- The Glazier shall ensure that the Services are rendered with reasonable care and skill and to a reasonable standard which is commensurate with best trade practice.
- The Glazier shall ensure that no other parts of the Property suffer damage as a result of his rendering of the Services. Any damage which may occur shall be made good at no additional expense to the Customer prior to completion of the Job.
- The Glazier shall ensure that he complies with any and all relevant codes of practice.
- The Glazier shall properly dispose of all waste that results from his rendering of the Services.
- The Glazier shall, where necessary, provide temporary glazing and / or boarding for the Property and shall ensure that such temporary glazing or boarding protects the interior of the Property from the elements. The Glazier shall also advise the Customer of any and all security risks that such temporary materials present.
- Time shall [not] be of the essence in the rendering of the Services under these Terms and Conditions or under the Agreement.
- Following completion of the Job the Customer shall have a period of 48 hours within which to inspect the completed work and to notify the Glazier of any defects. The Glazier shall correct such defects at no additional cost to the Customer.
6. Customer’s Obligations
- If any consents, licenses or other permissions are needed from any third parties such as landlords, planning authorities, local authorities or similar, it shall be the Customer’s responsibility to obtain the same in advance of the commencement of the Services.
- The Customer shall ensure that the Glazier can access the Property at the Agreed Times to render the Services.
- The Customer shall have the option of giving the Glazier a set of keys to the Property or being present at the Agreed Times to give the Glazier
access. The Glazier warrants that all keys shall be kept safely and securely.
- The Customer shall ensure that the Glazier has access to electrical outlets and a supply of hot and cold running water.
- The Customer must give the Glazier at least 24 hours notice if the Glazier will be unable to provide the Services on a particular day or at a particular time. The Glazier will not invoice for cancelled Visits provided such notice is given. If less than 24 hours notice is given the Glazier shall invoice the Customer at his normal rate.
- The Customer may cancel or reschedule the Job at any time before the Agreed Date. The following shall apply to cancellation or rescheduling:
- If the Customer cancels the Job more than 7 days before the Agreed Date the Glazier shall issue a full refund of all sums paid, including the Deposit.
- If the Customer reschedules the Job more than 7 days before the Agreed Date the Glazier shall retain all sums paid, including the Deposit and shall deduct all such sums from any related balance payable on the rescheduled Job.
- If the Customer cancels the Job less than 7 days before the Agreed Date the Glazier shall retain all sums paid and any outstanding sums shall become immediately payable. No refund shall be issued.
- If the Customer reschedules the Job less than 7 days before the Agreed Date the Glazier shall retain all sums paid and any
outstanding sums shall become immediately payable. No refund shall be issued and no sums paid will count toward the fees and Deposit payable on the rescheduled Job.
- The Glazier may cancel the Job at any time before the Agreed Date and shall refund all sums paid, including the Deposit.
8. Liability, Indemnity and Insurance
- The Glazier shall ensure that he has in place at all times suitable and valid insurance which shall include public liability insurance.
- The Glazier’s total liability for any loss or damage caused as a result of its negligence or breach of these Terms and Conditions or of the Agreement shall be limited to £5,000,000.00.
- The Glazier is not liable for any loss or damage suffered by the Customer which results from the Customer’s failure to follow any instructions given by the Glazier.
- Nothing in these Terms and Conditions shall limit or exclude the Glazier’s liability for death or personal injury.
- The Glazier shall indemnify the Customer against any costs, liability, damages, loss, claims or proceedings arising out of the Glazier’s rendering of the Services or any breach of these Terms and Conditions.
- The Customer shall indemnify the Glazier against any costs, liability, damages, loss, claims or proceedings arising out of the Customer’s failure to meet any of its obligations or any other breach of these Terms and Conditions.
- The Glazier guarantees that the product of all Services provided shall be free from any and all defects (excluding glass breakages and sudden explosions) for a period of 12 months following completion of the Job.
- If any defects in the product of the Services appears during the guarantee period set out in sub-Clause 9.1 the Glazier shall rectify any and all such defects at no cost to the Customer.
10. Data Protection
The Glazier will not share the Customer’s personal data with any third parties for any reasons without the prior consent of the Customer. Such data will only be collected, processed and held in accordance with the Glazier’s rights and obligations arising under the provisions and principles of the Data Protection Act 1998.
- Except as provided by sub-Clause 11.2 or as authorised in writing by the other Party, each Party shall, at all times during the continuance of the Agreement and [for 5 years] after its termination:
- keep confidential all Confidential Information;
- not disclose any Confidential Information to any other party;
- not use any Confidential Information for any purpose other than as contemplated by and subject to the terms of the Agreement;
- not make any copies of, record in any way or part with possession of any Confidential Information; and
- ensure that none of its directors, officers, employees, agents, sub-contractors or advisers does any act which, if done by that Party, would be a breach of the provisions of sub-Clauses 11.1.1 to 11.1.4 above.
- Either Party may:
- disclose any Confidential Information to:
a. any sub-contractor or supplier of that Party;
b. any governmental or other authority or regulatory body; or
c. any employee or officer of that Party or of any of the aforementioned persons, parties or bodies;
to such extent only as is necessary for the purposes contemplated by the Agreement (including, but not limited to, the provision of the Services), or as required by law. In each case that Party shall first inform the person, party or body in question that the Confidential Information is confidential and (except where the disclosure is to any such body under sub-Clause 18.104.22.168 or any employee or officer of any such body) obtaining and submitting to the other Party a written confidentiality undertaking from the party in question. Such undertaking should be as nearly
as practicable in the terms of this Clause 11, to keep the Confidential Information confidential and to use it only for the purposes for which the disclosure is made; and
- use any Confidential Information for any purpose, or disclose it to any other person, to the extent only that it is at the date of the Agreement, or at any time after that date becomes, public knowledge through no fault of that
Party. In making such use or disclosure, that Party must not disclose any part of the Confidential Information which is not public knowledge.
- The provisions of this Clause 11 shall continue in force in accordance with their terms, notwithstanding the termination of the Agreement for any reason.
- disclose any Confidential Information to:
12. Force Majeure
- No Party to the Agreement will be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that Party. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Party in question.
- [In the event that a Party to the Agreement cannot perform their obligations thereunder as a result of force majeure, the other Party may at its discretion terminate the Agreement by written notice at the end of that period. In the event of such termination, the Parties shall agree upon a fair and reasonable payment for all Services completed up to the date of termination. Such payment shall take into account any prior contractual commitments entered into in reliance on the performance of the Agreement.].
- Either Party may immediately terminate the Agreement by giving written notice to the other Party if:
- any sum owing to that Party by the other Party under any of the provisions of the Agreement is not paid within <<insert period>> Business Days of the due date for payment;
- the other Party commits any other breach of any of the provisions of the Agreement and, if the breach is capable of remedy, fails to remedy it within <<insert period>> Business Days after being given written notice giving full particulars of the breach and requiring it to be remedied;
- an encumbrancer takes possession, or where the other Party is a company, a receiver is appointed, of any of the property or assets of that other Party;
- the other Party makes any voluntary arrangement with its creditors or, being a company, becomes subject to an administration order (within the meaning of the Insolvency Act 1986);
- the other Party, being an individual or firm, has a bankruptcy order made against it or, being a company, goes into liquidation (except for the purposes of bona fide amalgamation or re-construction and in such a manner that the company resulting therefrom effectively agrees to be bound by or assume the obligations imposed on that other Party under the Agreement);
- anything analogous to any of the foregoing under the law of any jurisdiction occurs in relation to the other Party;
- that other Party ceases, or threatens to cease, to carry on business; or
- control of that other Party is acquired by any person or connected persons not having control of that other Party on the date of
the Agreement. For the purposes of this Clause 13, “control” and “connected persons” shall have the meanings ascribed thereto by Sections 1124 and 1122 respectively of the Corporation Tax Act 2010.
- For the purposes of sub-Clause 13.4.2, a breach shall be considered capable of remedy if the Party in breach can comply with the provision in question in all respects.
- The rights to terminate the Agreement shall not prejudice any other right or remedy of either Party in respect of the breach concerned (if any) or any other breach.
14. Effects of Termination
Upon the termination of the Agreement for any reason:
- any sum owing by either Party to the other under any of the provisions of the Agreement shall become immediately due and payable;
- all Clauses which, either expressly or by their nature, relate to the period after the expiry or termination of the Agreement shall remain In full force and effect;
- termination shall not affect or prejudice any right to damages or other remedy which the terminating Party may have in respect of the event giving rise to the termination or any other right to damages or other remedy which any Party may have in respect of any breach of the Agreement which exist at or before the date of termination;
- subject as provided in this Clause 14 and except in respect of any accrued rights neither Party shall be under any further obligation to the other; and
- each Party shall (except to the extent referred to in Clause 11) immediately cease to use, either directly or indirectly, any Confidential Information, and shall immediately return to the other Party any documents in its possession or control which contain or record any Confidential Information.
15. No Waiver
No failure or delay by either Party in exercising any of its rights under the Agreement shall be deemed to be a waiver of that right, and no waiver by either Party of a breach of any provision of the Agreement shall be deemed to be a waiver of any subsequent breach of the same or any other provision.
16. Further Assurance
Each Party shall execute and do all such further deeds, documents and things as may be necessary to carry the provisions of the Agreement into full force and effect.
Subject to any provisions to the contrary each Party shall pay its own costs of and incidental to the negotiation, preparation, execution and carrying into effect of the Agreement.
Neither Party shall be entitled to set-off any sums in any manner from payments due or sums received in respect of any claim under the Agreement or any other agreement at any time.
19. Assignment and Sub-Contracting
- [Subject to sub-Clause 19.2] The Agreement shall be personal to the Parties. Neither Party may assign, mortgage, charge (otherwise than by floating charge) or sub-licence or otherwise delegate any of its rights thereunder, or sub-contract or otherwise delegate any of its obligations thereunder without the written consent of the other Party, such consent not to be unreasonably withheld.
- [The Glazier shall be entitled to perform any of the obligations undertaken by it through any other member of its group or through suitably qualified and skilled sub-contractors. Any act or omission of such other member or sub-contractor shall, for the purposes of the Agreement, be deemed to be an act or omission of the Glazier.]
- [The Parties agree that all times and dates referred to in the Agreement shall be of the essence of the Agreement.]
- [The Parties agree that the times and dates referred to in the Agreement are for guidance only and are not of the essence of the Agreement and may be varied by mutual agreement between the Parties.].
21. Relationship of the Parties
Nothing in the Agreement shall constitute or be deemed to constitute a partnership, joint venture, agency or other fiduciary relationship between the Parties other than the contractual relationship expressly provided for in the Agreement.
22. Third Party Rights
No part of the Agreement is intended to confer rights on any third parties and accordingly the Contracts (Rights of Third Parties) Act 1999 shall not apply to the Agreement.
- All notices under the Agreement shall be in writing and be deemed duly given if signed by, or on behalf of, a duly authorised officer of the Party giving the notice.
- Notices shall be deemed to have been duly given:
- when delivered, if delivered by courier or other messenger (including registered mail) during normal business hours of the recipient; or
- when sent, if transmitted by facsimile or e-mail and a successful transmission report or return receipt is generated; or
- on the fifth business day following mailing, if mailed by national ordinary mail, postage prepaid; or
- on the tenth business day following mailing, if mailed by airmail, postage prepaid.
In each case notices shall be addressed to the most recent address, e-mail address, or facsimile number notified to the other Party.
24. Entire Agreement
- The Agreement contains the entire agreement between the Parties with respect to its subject matter and may not be modified except by an instrument in writing signed by the duly authorised representatives.
- Each Party shall acknowledge that, in entering into the Agreement, it does not rely on any representation, warranty or other provision except as expressly provided in the Agreement, and all conditions, warranties or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
In the event that one or more of the provisions of the Agreement and/ or of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provision(s) shall be deemed severed from the remainder of the Agreement and/or these Terms and Conditions. The remainder of the Agreement and/or these Terms and Conditions shall be valid and enforceable.
26. Dispute Resolution
- The Parties shall attempt to resolve any dispute arising out of or relating to the Agreement through negotiations between their appointed representatives who have the authority to settle such disputes.
- [If negotiations under sub-Clause 27.1 do not resolve the matter within 28 days of receipt of a written invitation to negotiate, the parties
will attempt to resolve the dispute in good faith through an agreed Alternative Dispute Resolution (“ADR”) procedure.]
- [If the ADR procedure under sub-Clause 27.2 does not resolve the matter within 28 days of the initiation of that procedure, or if either Party will not participate in the ADR procedure, the dispute may be referred to arbitration by either Party.
- The seat of the arbitration under sub-Clause 27.3 shall be England and Wales. The arbitration shall be governed by the Arbitration Act 1996 and Rules for Arbitration as agreed between the Parties. In the event that the Parties are unable to agree on the arbitrator(s) or the Rules
for Arbitration, either Party may, upon giving written notice to the other Party, apply to the President or Deputy President for the time being of the Chartered Institute of Arbitrators for the appointment of an arbitrator or arbitrators and for any decision on rules that may be required.]
- Nothing in this Clause 27 shall prohibit either Party or its affiliates from applying to a court for interim injunctive relief.
- The decision and outcome of the final method of dispute resolution under this Clause 27 shall [not] be final and binding on both Parties.
27. Law and Jurisdiction
- The Agreement and these Terms and Conditions (including any non- contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.
- Subject to the provisions of Clause 27, any dispute, controversy, proceedings or claim between the Parties relating to the Agreement or these Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of England and Wales.