1. General - The following terms and conditions of sale apply to all quotations, estimates, contracts and sales made between J. Preedy & Sons Limited (The Seller) and any customer or purchaser (The Buyer) for goods or services supplied or provided by the Seller. Subject to the provisions of the Unfair Contract Terms Act 1977 all prices for goods or services are quoted on the basis that contracts entered into will be based on these conditions. Any variation to these conditions must be negotiated by the Buyer prior to the placing of any order. Any terms or conditions of purchase on orders from Buyers will be of no legal effect insofar as they conflict with the Seller’s terms and conditions of sale.

2. Establishment of Contract - Any quotation or estimate given by the Seller is only an invitation to the Buyer to make an offer, and no order shall become binding on the Buyer until it has been accepted by the Seller in writing.

3. Prices - Unless otherwise agreed in writing on the acceptance of order, any price quoted by the Seller or stated on a Buyer’s order will be invoiced at the price ruling at the date of delivery of goods or provision of service. Any delivery of goods or provision of service will be subject to a minimum charge of £10 not including VAT. All prices quoted or charged are exclusive of Value Added Tax which will be added at the rate applicable at the date of invoice or tax point.

4. Delivery and Carriage - Any indication by the Seller on a quotation or otherwise of a time for delivery is not guaranteed and no liability will be accepted by the Seller for late delivery. Unless otherwise stated on a quotation or acceptance of order, carriage will be charged in addition to prices quoted or charged. Insurance during carriage shall be effected as agreed between Buyer and Seller but in the absence of any agreement insurance shall be the responsibility of the Buyer.

5. Returns and Queries - All queries on invoices must be communicated to the Seller within 21 days of the date of invoice. In the event of goods being subject to damage or shortage the Buyer shall give written notice to the Seller within 7 days of the receipt of the delivery advice from either the Seller or the Carrier. All goods returned are subject to a restocking charge and must be in the original packing. Products in polished finishes, i.e. Brass, Stainless Steel & Gold cannot be returned or credited once packings are opened.

6. Credit Accounts - All orders from Buyers who do not hold an approved credit account with the Seller are required to provide payment in full to accompany orders in advance of delivery of goods or provision of services and payment must include all packing and delivery costs.

7. Alteration of Specifications and Products - The Seller reserves the right to change specifications or withdraw or add products and services from catalogues and price lists without notification to Buyers unless otherwise agreed in writing on acceptance of order.

8. Payment - Unless otherwise agreed in writing prior to the placement of any order by the Buyer payment for goods or services supplied shall be made in full not later than the end of the month following the month of invoicing. Payment according to terms is of the essence of the contract and in the event of non payment by the Buyer according to terms the Seller reserves the right to withhold further deliveries of goods or performance of services until payment of all monies due to the Seller have been received. The Seller further reserves the right to charge to the Buyer interest on all overdue accounts at the rate of 3% over Barclays Bank plc base rate.

9. Title - Property in the goods shall not pass to the Buyer until both the purchase price of the goods has been paid in full and payment is made to the Seller of any sum which is at the date of the contract or may thereafter become due from the Buyer to the Seller. Until property in the goods has passed to the Buyer the Buyer will hold the goods or their proceeds of resale in a fiduciary capacity. Although the ownership of the goods remains with the Seller until goods are paid for in full, the Buyer will accept the risk in the goods and will insure them. The Buyer will keep the goods separately identifiable and grants an irrevocable licence to the Seller to enter on to the Buyer’s premises or other site where the goods are stored with agents and vehicles if appropriate to recover the Seller’s property.

10. Force Majeure - In the event of the Seller being unable to perform all or any part of the contract due to force majeure, the Seller shall be excused performance subject to the Seller undertaking to take all action to mitigate or remove the reasons for non-performance and to resume performance of the contract as soon as such reasons are removed. Force majeure includes Acts of God, strikes, lock-outs, industrial action, fire, accident, earthquakes, storms, floods, explosion, war or any other circumstance beyond the reasonable control of the Seller.

11. Defective Goods - Within six months of the date of purchase the Seller will replace free of charge any goods which are defective subject to the Buyer notifying the Seller in writing within 14 days of discovering the defect and subject to the goods not having been improperly installed, subjected to misuse or any form of unauthorised repair. The Seller shall not be liable for any consequential costs incurred by the Buyer as a result of any defective goods. The Seller’s liability in respect of defective goods is strictly limited to replacement of the goods or reimbursement of the original value of the goods subject to the aforementioned conditions. Nothing in these conditions will exclude the Seller‘s liability in respect of death or personal injury resulting from the negligence of the Seller or its employees or agents.

12. Right to Subcontract - The Seller reserves the right to Subcontract any part or all of the contract.

13. Termination - The Seller reserves the right to terminate the contract in the event of the Buyer failing to pay sums due to the Seller or if the Buyer breaches any terms of the contract or if the Buyer suffers distress or execution, commits an act of bankruptcy or is unable to pay its debts within the meaning of Section 123 of the Insolvency Act 1986.

14. Law - These conditions and any contract between the Seller and the Buyer shall be governed by the laws of England and the Buyer agrees to submit to the exclusive jurisdiction of the English Courts.
Supplementary Conditions applicable to:-
Glazing & Fixing Jobs

15. Site Facilities - Quotations for work to be done on site are based on the understanding that provision on site will be made free of any charge to the Seller of all equipment and facilities to enable the Seller to fulfil the requirements of all current statutory Building, Health & Safety regulations and Factories Acts requirements if applicable. The necessary scaffolding and lifting gear and the operation thereof to be provided and erected free of any charge to the Seller and the usual services of General Contractors in receiving and unloading and storing materials are to be provided free of charge. Failure by the Buyer to provide such services and facilities will be the subject of additional charges.

16. Templates - Unless stated in quotations prices do not provide for making templates for glass shaped or bent, whether supplied only, glazed or fixed.

17. Site Conditions - Unless stated in quotations prices do not include for glazing from boats, swings or ladders and for other special works such as removal of fittings, alteration of frames etc. neither for carrying glass for glazing any undue distance due to lack of access road from our vehicle. It is always assumed that bye-law permission will be given during normal working hours and that easy access is available.

18. Painting and Cleaning - Glazing work does not include the painting of frames, sashes, beads nor the cleaning of the glass.

19. Glass Roof Lights - When replacing glass roof lights, the Seller does not accept any responsibility for damage or disturbance to the roof arising from the reasonable use of equipment necessary for the execution of the work entrusted to us. The Seller guarantees glazing to be waterproof, but accepts no liability for water percolation from other causes incidental to the glazing work carried out by the Seller.

20. Other Warranties - All articles covered by warranty i.e. Factory sealed units, are subject to terms and conditions laid down by individual Manufacturers Warranty whether supplied only or glazed.

21. Buyer Supplied Information - Thickness, specification, sizes of glass and method of installation stated on documented or other information supplied by the Buyer does not necessarily imply their adequacy. Once the glass is installed, the Seller cannot accept any liability for damage or injury to property or persons or for any costs, expenses or losses incurred by the Buyer or their clients. Building designers are responsible for stating the maximum wind load pressure that the glass is expected to withstand, to enable the Seller to quote correct thickness, specification and sizes.

22. Toughened Glass Doors - In the event of the Seller quoting for the supply and fixing of toughened glass doors or assemblies, holes for the floor springs must be cut out ready to receive them and making good undertaken by others. If the transom bar is metal or sheathed metal the top pivots or overhead springs must be fixed into position by others prior to delivery. Openings must be plumb and square, any rebates, cut outs etc. in the floor, stiles or head must be carried out by others.
Mirrors

23. Templates - Unless the Buyer supplies templates, mirrors to fit in recesses, against walls or butting against other materials will be cut point to point only allowing to rake where necessary.

24. Antique Mirror Glass - Antique or coloured mirrors are obtained by random application of many chemicals. Each piece is therefore unique and by its very nature cannot guarantee to produce specific design or colours. Although every care is taken we regret we cannot accept any responsibility that matching will be achieved and orders are accepted and executed only on this understanding.

25. Re-silvering - Resilvering of Buyer’s own mirrors is carried out at the Buyer’s risk, and no guarantee can be given that re-silvering will be successful.
Buyer’s Property

26. Responsibility - Whilst the Seller will take every care in handling, storing, transporting and processing or installation of Buyer’s own glass or other property, such glass or other property belonging to Buyer is entirely at the Buyer’s own risk.