In the conditions “the Company” shall mean Studley Glass, and “the Customer” shall mean the company, firm, or individual to whom this document is sent. The Company contracts to these terms and conditions, and no variations or additions shall form part of any contract unless specifically accepted by the Company in writing. Terms and conditions on customer orders shall only be recognised as binding when they are not at variance with our terms and conditions of sale.
Order given verbally or by telephone are accepted only on condition that written confirmation must be sent within seven days.
Claims for damage and/or short delivery to components upon receipt shall be accepted for free repair or replacement, provided that such damage is noted on the delivery schedule at time of delivery, and confirmed in writing to the Company’s head office within three days of delivery. No claim will be allowed if damage is caused by inadequate site access, or as a result of unloading by the customers labour.
Units under the stated minimum area charge will be charged at the minimum rate.
Proper drawings must be submitted for Georgian and leaded units, bespoke glass fittings or other goods which do not fall into standard categories of size and construction; otherwise no responsibility will be accepted for wrongly constructed units.
Shaped units must be submitted for consideration.
Signature on a carrier’s delivery advice sheet shall be deemed to signify receipt of quantity of goods indicated on the order advice sheet.
Where the customer accepts or has been deemed to accept the Goods then the Company shall have no liability whatever to the Customer in respect of those Goods.
All warranties and conditions whether implied by statue or otherwise are excluded from this Contract provided that nothing in this Contract shall restrict or exclude liability for death or personal injury caused by the negligence of the Company or affect the statutory rights of the Customer dealing as a consumer.
The price of the goods shall be the Company’s price at date of despatch.
If any payment from the customer should be overdue, the Company may withhold prejudice to the Company’s rights and the customer liability.
Prices quoted do not include VAT.
No order or contract, or any part thereof shall be cancelled unless agreed by the Company in writing. Any cost incurred as a result of any agreed cancellation shall be chargeable to the customer.
Payment of the price of the Goods shall be due strictly 30 days from the end of the month in which the invoice is raised unless otherwise agreed in writing prior to delivery including notification by electronic communication. Time for payment shall be of the essence.
If the Customer fails to make any payment on the due date then without prejudice to any of the Company’s other rights the Company shall be entitled to: the immediate payment outstanding in respect of the Goods supplied under the Contract and all other goods under any other contract notwithstanding the fact that the date for payment may not yet have fallen due: cancel the Contract or suspend any further deliveries to the Customer: charge the Customer interest (both before and after any judgement) on the amount unpaid at the rate of 4% per annum above Barclays Bank plc base rate from time to time, until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest); charge the Customer the cost of recovery of any unpaid amount including all legal costs, disbursement and bank charges incurred.
All materials remain the property of the Company until the Customer has paid their account. In the event of continued non-payment of account rendered, the Company may, if it so decides, suspend all future deliveries until all arrears are paid in full, or cancel any non-delivered orders. Any cost incurred in such suspension or cancellation shall be charged to the customer. The Customer shall pay all accounts in full and exercise any rights of set off or counter claim against any invoice submitted.
Any times quoted for delivery are given in good faith, but the Company shall not be liable for any loss or damage resulting directly from any delay or failure to notify of delay.
Credit accounts will only be opened on establishment of suitable credit checks/insurance cover.
The Companys’ liability in respect of failure of any part of the Goods supplied is limited to making good by replacement or repair.
The Company shall not be liable for any defects after one week and any failures, which arise more than five years after dispatch of the Goods.
The Company shall not be liable for any defects or failures, which arise due to the use of the Goods for a purpose or in a manner not specified by the Company.
The Company shall not be liable for any defects or failures unless the Company is afforded reasonable opportunity for inspecting and testing the Goods supplied.
Glazing should be in accordance with the Glass and Glazing Federation’s recommendations for the glazing of sealed units and in accordance with BSEN 12600 (BSEN 12150)
The regulations of British Codes of Practice BS6262 should be adhered to in order to meet safety regulations.
The Company may terminate the Contract with immediate effect if the Customer becomes or is declared insolvent, or convenes a meeting of or makes or proposes to make arrangement or composition with its creditors or if a liquidator, receiver, administrator, administrative receiver, manager, trustee or similar office is appointed over any of the assets of the Customer. If this clause applies then the Company shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without any liability to the Customer. If the Goods have been delivered but not paid for the price shall become immediately due and payable.
No waiver by the Company of any breach of the Contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision.