Glasscraft Decorative Limited – Terms & Conditions of Sale

General

In these conditions:
‘The seller’ means Glasscraft Decorative Limited.
The buyer‘ means the person, firm or company from whom an order Glasscraft Decorative Limited is in receipt of.
‘Special Conditions’ means a term and condition stated on an order or agreed in writing by an authorised representative of the company. No variation or qualification of the conditions or of any quotation of contract arising therefrom shall be binding on the Seller unless agreed to in writing by the Seller.
‘Goods’ means the Goods offered for sale by the Seller.

Prices

Unless otherwise stated all prices quoted are exclusive of value added tax, is chargeable where applicable and can be changed without prior notice. Prices charged are those applicable to the Goods at date of despatch or delivered by the Seller or collected by the Buyer.
Accordingly all such prices are subject to amendment at the Seller’s discretion without notice to the Buyer. No increase of any price quoted by the Seller shall give rise to any right of cancellation by the Buyer.

Payment

Unless otherwise agreed in writing by the Seller and up to the Seller’s discretion payments shall be made on or before the last day of the month next following the month in which the Goods are delivered by the Seller or collected by the Buyer. Payment by post is at the buyer’s risk.
In event of the Buyer failing to make payment as set out above the Seller shall (without prejudice herein) charge interest at a rate of 3% above the base lending rate of National Westminster Bank from time to time in operation at the date upon which payment was due.
The seller reserves the right to withdraw credit facilities and/or to withhold or cancel further deliveries against any outstanding order without prejudice to its rights to immediate payment for work executed against such orders.

Delivery

Delivery will be at the buyer’s normal place of business unless otherwise agreed in writing.
The unloading of the Goods shall be the responsibility of the Buyer.
Any time or date agreed by the Seller is intended only as an estimate and the Seller shall not be liable for any loss or damage caused to the Buyer by reason of any failure to supply or in any delay of the Goods to the Buyer.
Where a delivery of an order is made by instalments each delivery shall be deemed for such purpose to be the subject of a separate contract. Any failure whatsoever by the Seller in respect of any one delivery shall not entitle the Buyer to repudiate the order or any instalments remaining to be delivered thereunder.
If the Buyer for any reason is unable to accept delivery of the Goods at the time when the Goods are due and ready for delivery, the Seller will, if its storage facilities do permit, store the Goods until actual delivery and the Buyer shall be liable to the Seller for reasonable costs of such storage, including any additional handling and transport costs. In such circumstances the Buyer shall pay to the Seller a reasonable sum calculated at the current market rate in respect of the grant of such storage facilities but the grant of such facilities will be without prejudice to any claim for payment by the Seller in accordance with the Payment Section.
Where the Seller agrees to deliver the Goods to the buyer’s premises the risk of any loss or damage to the Goods or for deterioration in the Goods from whatever cause shall pass to the Buyer upon delivery at the buyer’s premises. In such circumstances delivery will be deemed to have been completed when the Goods are ready to be off loaded at the place of delivery.
Requests for delivery notes must be made within eight weeks of delivery.

Transit and Inspection

The Seller reserves the right to choose the form of transport for the Goods and the composition of the consignment load.
Where the Goods are delivered by the Seller to the buyer’s premises unless otherwise an address agreed in writing it shall be the responsibility of the Buyer to inspect the Goods as soon as is practicable.
If the Buyer establishes to the satisfaction of the Seller that the Goods have been damaged in transit or that the consignment is incomplete the Seller will replace such Goods or credit the Buyer with the value thereof provided the Buyer shall have given the Seller written notification of such damage or shortage as follows within 3 days of delivery.
The Seller has the right to inspect any damaged consignment and investigate any shortage.
Transit shall be deemed to be complete as soon as the Goods are ready to be unloaded at the place of delivery. Unloading shall be the entire responsibility of the Buyer.
Where the Goods are collected by the Buyer from the Seller’s premises it shall be the responsibility of the Buyer to inspect the Goods before removing the same from the Seller’s premises. Upon such removal the Buyer will be deemed to have accepted the Goods and the Seller shall be under no liability for any loss of or damage to the Goods which occurs or may have occurred after the removal of the Goods from its premises.

Title

Title to the Goods will remain the sole and absolute property of the Seller as legal and equitable owner until such time as the Buyer has paid to the Seller the full amount of the agreed purchase price. The Buyer acknowledges that the Buyer is in possession of the Goods solely as bailee for the Seller until then.
In the event of any Goods being resold by the Buyer or being mixed or incorporated with any other Goods, the Seller reserves the right to trace into the proceeds of sale of the Goods supplied or of the mixed or incorporated Goods, as the case may be, to the extent that the Seller remains unpaid.
The Buyer will store the Goods on its premises and have then readily identifiable as the Seller’s Goods until the Buyer becomes the owner of the Goods.
The buyer’s right to possession of the Goods shall immediately cease if the Buyer has committed or commits an act of Bankruptcy or has done or does anything which would entitle an administrative receiver to take possession of any of the buyer’s assets or which has entitled or would entitle any person to present a petition for winding up or if a petition for an administration order is presented or if the Buyer fails to pay for the Goods on the due date.
In any such circumstances the Seller shall, subject to any statutory restrictions on the exercise of his rights, be entitled to recover the Goods and for that purpose the Seller by its servants or agents may enter upon any premises where the Goods are or believed to be stored and may repossess them.

Distribution Equipment

Pallets and stillages and any other distribution equipment are the property of the Seller and must be returned to the Seller on demand.

Defective Goods

The Seller warrants that at the time of despatch the Goods would be free from defects in workmanship and materials. In the case of sealed units this warranty applies for a period of five years and is subject to the sealed units being installed in the correct manner, as set out in recommendation issued by the Glass & Glazing Federation. The Seller’s warranty does not apply to equipment, accessories or other items of third parties supplied with or incorporated in Goods of the Seller.
The Seller accepts liability for death or personal injury without limit where the same is caused by negligence of the Seller.
If during the period specified as above, the Buyer becomes aware that Goods are defective in material and workmanship provided that the Buyer and its own expense returns the defective Goods to the Seller and provided that the Seller accepts that the Goods are defective the Seller in its sole discretion shall replace the defective Goods or credit the account of the Buyer.

Force Majeure

The Seller accepts no liability for any failure to deliver the Goods arising from circumstances outside its control.
For the purpose of these conditions, the term ‘Force Majeure’ includes acts of God, strikes, lock outs, other industrial action, fire accident, lightning, earthquakes, storms, floods, explosion, war and any other circumstances, whether similar or dissimilar, beyond the reasonable control of the Seller.
If the performance of the contract or any obligation thereunder is prevented by Force Majeure the Seller shall be excused performance provided that the Seller shall use reasonable endeavours to remove such cause of non performance, and shall continue performance thereunder without delay whenever such cause is removed.

Termination

If the Buyer makes default in any payment, or commits any breach of the terms and conditions of the contract, or suffers distress or execution or commits an act of bankruptcy or enters into any agreement or composition with his creditors or goes or is put into liquidation (other than solely for amalgamation or reconstruction) or if an administrative receiver or administrator is appointed over any part of the buyer’s business, or if a petition for an administration order is presented to the court, the Seller may, without prejudice to any right which may have accrued or which may accrue to it, at it option:
a) Require payment in advance for all or any further deliveries, and/or
b) Suspend any further deliveries until such default or breach, if capable of rectification, is rectified, and/or
c) Terminate the contract and/or
d) Terminate any other contract which the Buyer has placed with the seller as far as any Goods remain to be delivered thereunder and/or
e) Subject to any statutory restrictions on the exercise of its rights, be entitled to recover the Goods to which the Seller has title and for that purpose the Seller by its servants or agents may enter upon any premises where the Goods are or to believed to be stored and may repossess them.

Alterations and Cancellations of Orders

When orders are acknowledged in writing, it is the responsibility of the Buyer to scrutinise those acknowledgements to ensure that his requirements have been correctly interpreted since alterations may be impossible after manufacture has commenced. If for any reason other than default or negligence on the part of the supplier, alterations or cancellation is desired, the Buyer will be liable for any additional costs involved in making the alterations and for labour, materials and all other process costs incurred prior to cancellation.
A written cancellation of an order will be accepted by the Seller without charge to the Buyer where such cancellation can take place without financial loss to the Seller. Once the execution of an order has been commenced by the Seller the Buyer shall be responsible for payment of the value of all work done by the Seller up to the date of the written notice of cancellation save that where a substantial part of the order has been executed cancellation can only take place with a written consent of the Seller.

Jurisdiction

All contracts made with the Seller shall be governed according to the laws of England and Seller and the Buyer shall submit to the exclusive jurisdiction of the English Courts.

Glasscraft Decorative Limited – Terms of Website Use

This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our website http://www.glasscraftdecorative.com ( our site), whether as a guest or a registered user. Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.

Information about us

www.glasscraftglass.com is  a site operated by Glasscraft Decorative Ltd (“We”). We are registered in England and Wales under company number  07259028 and have our registered office at  1 Lockside Road, Leeds, LS10 1EP Our main trading address is 1 Lockside Road, Leeds, LS10 1EP Our VAT number is 992486662. We are a limited company.

Accessing our site

Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.

From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.

Intellectual property rights

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.

You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Reliance on information posted

Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.

Our site changes regularly

We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

Our liability

The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:

loss of income or revenue;

loss of business;

loss of profits or contracts;

loss of anticipated savings;

loss of data;

loss of goodwill;

wasted management or office time; and

for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

Viruses, hacking and other offences

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

Linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.

If you wish to make any use of material on our site other than that set out above, please address your request to enquiries@glasscraftglass.com

Links from our site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Jurisdiction and applicable law

The English courts will have [non]-exclusive jurisdiction over any claim arising from, or related to, a visit to our site [although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country]. These terms of use are governed by English law.

 Variations

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

Your concerns

If you have any concerns about material which appears on our site, please contact enquiries@glasscraftglass.com

Thank you for visiting our site.