This document constitutes an offer by “ Belper Windows” - a trading name of the 1st 2nd-ary Glazing Ltd group -(The Supplier) to its customer (The Customer) to supply the materials (Goods) and (If Applicable) carry out the installation (Services) as described on the suppliers standard survey sheet (Survey Sheet) at the location specified on the survey sheet subject to the terms set out below which terms the customer accepts by virtue of his/ her signature on the survey sheet.
1. BASIS OF CONTRACT.
1.1 The supplier shall supply and the customer shall purchase the goods and the services (if applicable) described overleaf upon these conditions, which are the only conditions upon the supplier is prepared to deal with the customer and which shall govern the contract to the exclusion (so far as permitted by law) of terms and conditions.
1.2 No order submitted by the customer shall be deemed to be accepted by the supplier unless and until confirmed by the supplier in the form of written acknowledgement of order which shall be subject to these conditions.
1.3 These conditions may only be modified by a variation in writing signed on behalf of the supplier and no other action on the part of the supplier (where the delivery of the goods or performance of the services or otherwise) shall be construed as an acceptance of any other condition.
1.4 These conditions as modified in accordance with the clause 1.3 and together with the matters referred to on the survey sheet and /or acknowledgement of order embody the entire understanding of the parties and supersede any prior promises, representations, undertakings or implications.
1.5 The suppliers employees or agents are not authorised to make any representations concerning the goods or the services unless confirmed on behalf of the supplier in writing. Any advice or recommendation given by the supplier or its employees or agents to the customer as to the use of the goods which is not confirmed in writing by an authorised representative of the supplier is followed or acted upon entirely at the customers own risk, and accordingly the supplier shall not be liable for any such advice or recommendation which is not so confirmed.
1.6 Any typographical clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the supplier shall be subject to correction without any liability on the part of the supplier.
1.7 Any quotation given by the supplier constitutes an offer to supply the goods and/ or services described thereby upon these conditions. It shall remain open for acceptance for a period of 30 days from its date (or such other period as shall have been agreed by the supplier in writing) following which it shall lapse.
2.1 The customer shall be responsible to the supplier for ensuring the accuracy of the terms of any specification or information submitted by the customer, and for giving the supplier any designs, drawings, materials, equipment, access to site, information and instructions within a sufficient time to enable the supplier to perform the contract in accordance with its terms.
2.2 Unless otherwise agreed by the supplier in writing the quantity, quality and description of the goods and the specification of the goods or services shall be those set out in the suppliers survey sheet or acknowledgement of order.
2.3 Unless specifically stated by the customer in writing and acknowledgement by the supplier in writing the supplier shall not be deemed to be aware of any special requirement of the customer as to the quality of the goods or any particular purpose for which the goods are required.
2.4 The supplier reserves the right to make any changes in the specification of the goods and/ or services supplied which are required.
2.41 To confirm with any applicable safety or other statutory requirements, or
2.42 Where the goods and/ or parts therefore are not manufactured by the supplier by virtue of a change in specification by the manufacturer of the goods and/or parts therefore which change does not materially effect the quality or performance of the goods.
3 SITE PREPARATION BY THE CUSTOMER
3.1 The customer shall be responsible for the removal from the installation site of all ornaments and the removal and replacement of all fixtures such as curtains, pelmets, blinds, prior to the installation.
3.2 If it is necessary, the customer shall at his own expense remove or resite prior to installation any burglar/intruder alarms, gas, electrical, plumbing or telephone installations and connections.
3.3 Unless otherwise agreed in writing by the supplier the customer is responsible for obtaining any necessary planning or other permissions and consents prior to installation.
4. SCOPE OF SERVICES
4.1 The supplier will make good brickwork and plaster immediately adjacent to each unit installed providing the existing surround is in good condition. No responsibility is accepted by the supplier to restore or match the state of decorative repair where this has been unavoidably disturbed during the installation or where the existing surround is in poor condition as identified on the survey sheet or otherwise notified to the customer.
4.2 Installation is restricted to the removal of old and the installation of new frames and making good as detailed in clause 4.1 above and does not include structural alterations or repairs, unless specifically agreed in writing with the customer.
4.3 All items removed during installation will become the property of the supplier who will be responsible for disposing of the same as it sees fit. If the Company provides a skip on site the customer is requested not to use it for disposal of their own waste.
5.1 The price of the goods and services shall be the suppliers quoted price or where no price has been quoted (or a quoted price is no longer valid) then unless otherwise agreed between the supplier and the customer in writing the supplier shall be entitled to charge the customer in accordance with suppliers ex-works prices from time to time in force based upon the suppliers then current charges for finished goods parts and materials and (in respect of services) charging rates for labour. All prices quoted include value added tax and are valid for 30 days.
5.2 The supplier reserves the right, by giving written notice to the customer to increase the original quotation in order to reflect any additional work undertaken by reason of problems arising out of installation and not reasonably foreseeable at survey stage to reflect any increase in the cost to the supplier due to factors beyond the control of the supplier such as (without limitation) significant increases in the costs of manufacture and any change in installation date or specification requested by the customer.
6. PAYMENT TERMS
6.1 Subject always to clause 7.2 below payment is due 7 days from the date of the suppliers invoice. Invoices will be issued upon completion of delivery or installation (if later) subject to clause 7 below. A deposit may be requested prior to commencement of any goods being provided.
6.2 If the customer fails to make the payment on the due date then, without prejudice to any other right or remedy available to the supplier, the supplier shall be entitled to charge the customer interest (both before and after any judgement) on the amount unpaid, at the rate of 4% per annum above Lloyds Bank PLC Base Rate from time to time, until payment in full is made.
6.3 Time of payment shall be of the essence.
7 TIME FOR PERFORMANCE
7.1 Time for installation is not of the essence. Installation shall be performed within a reasonable time. The supplier estimates that installation will be undertaken within the period stated on the survey sheet. The supplier undertakes to use reasonable commercial endeavours to complete the installation by the end of period specified and to give as much notice as is possible if installation is to be delayed.
7.2 The supplier will notify the customer as soon as practicable after manufacture of the goods (or where installation is to be delayed, when the supplier is in a position to proceed) and the supplier and the customer will thereafter endeavour to agree on a date (such agreement not to be unreasonably withheld or delayed by either party) for installation having regard both the needs of the customer and the demands of other customers of the supplier and its business commitments. The customer will permit the supplier access within normal working hours on such a date. If due to the customer having unreasonably refused not less than three alternative dates within a 21 day period following notification no appointment shall have been made for the installation to be carried out or if installation shall otherwise not be carried out on the agreed date by reason of the fault or failure of the customer, then the purchase price shall become due and payable notwithstanding that installation of the goods shall not have taken place.
8 RISK AND TITLE
8.1 Risk of damage to or loss of the goods shall pass to the customer from the time of installation save where proper performance of the services shall be prevented or delayed by the customer where in such case risk shall pass to the customer from the time of such prevention or delay as arranged between the customer and the supplier, specified in clause 7.2 above.
8.2 Notwithstanding the passing of risk in the goods, or any other provision of these conditions, the property in the goods shall not pass to the customer until the supplier has received in cash or cleared funds payment in full of the price of the goods and all other goods agreed to be sold by the supplier to the customer for which payment is then due.
8.3 Until such time as the property in the goods passes to the customer, the customer shall hold the goods as the suppliers fiduciary agent and bailee.
8.4 Until such time as the property in the goods passes to the customer the supplier shall be entitled at any time to require the customer to deliver up the goods to the supplier and if the customer fails to do so forthwith, the supplier is hereby grated an irrevocable licence to enter upon any premises of the customer where the goods are stored and re-possess the goods.
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