CONDITIONS OF CONTRACT
1. The Company shall have the right to cancel the contract if. in its opinion, the installation as
proposed is, or becomes, impractical to fulfill. In such circumstances the liability of the
Company shall be limited to refunding in full any deposit paid by or on behalf of the Client.
2. The Company shall accept written notice of cancellation of the contract without charge
within three days of the date theron: thereafter, the Company shall have the right to charge
the Client full costs incurred including loss of profits.
3. It shall be the responsibility of the Client to ensure that the supply and installation of the
goods complies with every applicable statute, planning regulation, building regulation or
other prescription of a Public Authority and to obtain every licence or consent of whatever
4. Where the contract is signed but is held pending approval by a Public Authority the Client
shall notify the Company in writing as soon as the Client has notice of the approval.
5. Any delivery period quoted by the Company in connection with the contract shall be an
INDICATION ONLY and shall not be a term of the contract.
6. Works additional to those contained in the specifications shall be undertaken only after
prior agreement by the Company in writing.
7. The Company shall, at the Company’s own cost, supply and install the goods in a good,
substantial and workmanlike manner in the subject property in accordance with the contract
specifications for the contract price.
8. The company shall diligently execute the works and. on completion, shall vacate the
premises clearing away all scaffolding, unused materials and rubble.
9. The materials and workmanship supplied by the Company shall be of kinds described in
the specification and, where not so described, shall be in accordance with clause 7. The
Company shall not be liable:
(a) in respect of scratches, minor blemishes or imperfection or indentations or optical
phenomena in respect of which the company’s suppliers are themselves not liable to the
Company – GLASS AND GLAZING FEDERATION VISUAL QUALITY STANDARDS APPLY.
(b) for damages caused by accident. misuse or failure by the Client to exercise due care or
to comply with the Company’s operating instructions. (c) for the slight dulling of any brilliant
white material and/or slight variation in bronze shade of materials supplied.
10. No minor variation of or deviation from the contract specification by the Company shall
vitiate the contract.
11. The Client shall permit the Company. through its servants and agents, access to the
subject property at reasonable times to enable the specified works to be executed properly.
In the event of an appointment for the supply and/or installation of all or part of the goods not
being agreed by the Client within 28 days from the request for such an appointment by the
Company, the Company shall become entitled to immediate payment of any balance at that
time outstanding in respect of the contract.
12. In situations involving the replacement by aluminium or uPVC units of existing goods the
replacement goods shall be manufactured square and irregularities in opes shall be adjusted
13. In the case of new opes, the Company’s obligation to install shall be limited to pinning-in
the supplied goods only. Thus, the construction of the opes to accepted tolerances for
installation purposes, the insertion of damp-proof courses, the protection of the goods after
pinning-in and subsequent internal and external plastering around them shall be the
responsibility of the Client.
14. The Company shall make good disturbance of wood and plaster only in the immediate
installation area and shall have no liability beyond that, for example, for painting, decoration
or replacing tiles. The Company shall not be liable for any damage caused by vibration in the
course of installation to ornaments, mirrors, pictures or other items easily dislodged which
are located in the vicinity of the contract works. The Company shall not be liable for any
consequential loss or damage or expense suffered or incurred by the Client, directly or
indirectly, in connection with the contract.
15. Any structural defects which become apparent during or at any time after installation
shall be the sole responsibility of the Client and the Company disclaims any liability
whatsoever under this heading.
16. The Company shall have the right to charge the Client with any increase in the cost of
the performance of the contract brought about by any legislative enactments, instruments,
rules or orders or the exercise by the Goverment of powers vested in it, wheather by way of
imposition of new duties or tariffs or by way of affecting the cost of labour or otherwise.
17. Subject to condition 18, terms of payment are set out in the schedule of price and
payments. The Client shall pay monies due to the Company’s installers. If a financial
Institution is involved in financing the contract, that Institution’s cheque or completion note
shall be tendered to the Company’s installers. In the event that the contract is stated (on the
face of this document) to be subject to loan approval by a third party, the Client shall make
the loan application within 14 days of the date of the contract and shall not withdraw once
the application has been made in the event that the application is declined, the contract shall
lapse automatically unless confirmed by both parties in writing.
18. The Client shall pay the Company interest charged at the current overdraft rate plus 6%
on all overdue payments. Interest shall accrue on a daily basis, and the compounding rules
applicable to Bank overdrafts will apply.
19. Title in the goods shall remain with the Company and shall not pass to the Client until all
monies due on foot of the contract are paid to the Company in full.
20. No neglect or forebearance by the Company in endeavouring to obtain payment or to
enforce its rights under the contract shall in any way affect the liability of the Client.
21 The Company guarantees to repair or, if in the opinion of the Company it is necessary, to
replace free of charge any of the goods shown to its satisfaction within the guarantee period
to be defective as regards materials, manufacture or installation, save always that:
(a) the Company shall not be liable in respect of scratches, minor blemishes or imperfections
or indentations or optical phenomena in respect of which the Company’s suppliers are
themselves not liable to the Company – SEE ITEM 9. ABOVE.
(b) the Company shall not be liable for damage caused by accident, misuse or failure by the
client to exercise due care or to comply with the company’s operating or maintenance
(c) the Company shall not be liable for the slight dulling of any brilliant white material
supplied that may occur or variations in bronze shade.
(d) the Company shall not be liable for any consequential loss or damage or expense
suffered or incurred by the Client in connection with any defect covered by this guarantee.
(e) the elimination of condensation is not guaranteed and provided always that
(a) written notice of the defect shall have been given to the company withing 14 days of its
(b) the Client shall have complied with every condition of the contract and shall have paid the
agreed contract price in full For the purposes of this condition, the guarantee period shall be
1 year from the date of practical completion of the original contract works absolutely.