CAMEL GLASS & JOINERY
Terms and Conditions
These Terms and Conditions (Terms) govern the supply of Goods and Services by the Supplier and the contractual relationship between the Supplier and the Customer.
These Terms apply to the Contract to the exclusions of any other terms that the Customer seeks to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
1. DEFINITIONS
Bespoke Goods means Goods which are considered to be unique and made to measure Goods ordered to the Customer’s specification and/or Goods which are ordered by us from a third party supplier.
Business Day: a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business. Completion Invoice: means the invoice sent to you as a demand for payment at completion of the Installation. Contract: the Terms and the agreed Order between the Supplier and the Customer for the sale and purchase of the Goods. Customer/you/your: means the person or firm who places an order with the Supplier for the manufacture, supply and/or fitting of any Goods and/or Services.
Deposit: initial payment made by you to us in order to make your Order.
Force Majeure Event: events, circumstances or causes beyond a party’s reasonable control including, but not limited to, fire, flooding, civil disturbances, strike action by others, criminal damage, infectious disease, pandemic, epidemic and acts of war.
Goods: mean the products which are manufactured and/or supplied by the Supplier including Bespoke Goods, Supply Only Goods and Supply and Fit Goods.
Installation: the installation of the Goods at the location agreed with the Customer and set out in the Contract.
Installation Period: the period of time provided within which installation is to take place by the Surveyor following the completion of the Survey.
Order: the order placed by you for the Goods at the time of accepting the Quotation and paying a Deposit.
Price: means the price communicated by the Supplier to the Customer and which is subject to the outcome of any Survey, any Alteration Request or changes in the material costs of the Goods ordered since the date of the Quotation.
Quotation: means the initial price provided by the Supplier for the Good and any associated Service, which is subject to the outcome of any Survey, change to Specification or changes in the material costs of the Goods as per these Terms.
Schedule of Works: means the specific works required for Installation determined by the Survey.
Specification: means the specification for the Goods, including any related surveys, drawings, plans or measurements that are agreed in writing by the Customer and the Supplier or which are provided by any third party who provide proper and full documents.
Staged Payment Invoice(s): the invoice(s) we provide to you at each request for a Staged Payment.
Supplier/Us/Our/We: means Camel Glass & Joinery Limited of Palmers Way, Trenant Industrial Estate, Wadebridge, Cornwall, PL27 6HB with company number 2432225.
Supply Only Goods’ and Supply and Fit Goods: means Goods supplied and/or fitted by the Supplier which are not Bespoke Goods and/or materials which are provided by you, having sourced them from another supplier.
Survey: the inspection and report carried out on the location of the planned Installation of the Goods.
Services: means the installation of the Goods as set out in the Contract.
Terms: these terms and conditions set out in clause 1 to clause 26.
For the avoidance of doubt, a reference to in “writing” includes letter and email, but not fax.
A reference to legislation or a legislative provision is a reference to it as amended or re-enacted. A reference to legislation or a legislative provision includes all subordinate legislation made under that legislation or legislative provision.
Any phrase introduced by the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
2. PARTIES
2.1.These Terms and Conditions (Terms) govern the supply of Goods and Services by the Supplier and the contractual relationship between the Supplier and the Customer.
These Terms apply to the Contract to the exclusions of any other terms that the Customer seeks to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
3. 1. DEFINITIONS
Bespoke Goods means Goods which are considered to be unique and made to measure Goods ordered to the Customer’s specification and/or Goods which are ordered by us from a third party supplier.
Business Day: a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business. Completion Invoice: means the invoice sent to you as a demand for payment at completion of the Installation. Contract: the Terms and the agreed Order between the Supplier and the Customer for the sale and purchase of the Goods. Customer/you/your: means the person or firm who places an order with the Supplier for the manufacture, supply and/or fitting of any Goods and/or Services.
Deposit: initial payment made by you to us in order to make your Order.
Force Majeure Event: events, circumstances or causes beyond a party’s reasonable control including, but not limited to, fire, flooding, civil disturbances, strike action by others, criminal damage, infectious disease, pandemic, epidemic and acts of war.
Goods: mean the products which are manufactured and/or supplied by the Supplier including Bespoke Goods, Supply Only Goods and Supply and Fit Goods.
Installation: the installation of the Goods at the location agreed with the Customer and set out in the Contract.
Installation Period: the period of time provided within which installation is to take place by the Surveyor following the completion of the Survey.
Order: the order placed by you for the Goods at the time of accepting the Quotation and paying a Deposit.
Price: means the price communicated by the Supplier to the Customer and which is subject to the outcome of any Survey, any Alteration Request or changes in the material costs of the Goods ordered since the date of the Quotation.
Quotation: means the initial price provided by the Supplier for the Good and any associated Service, which is subject to the outcome of any Survey, change to Specification or changes in the material costs of the Goods as per these Terms.
Schedule of Works: means the specific works required for Installation determined by the Survey.
Specification: means the specification for the Goods, including any related surveys, drawings, plans or measurements that are agreed in writing by the Customer and the Supplier or which are provided by any third party who provide proper and full documents.
Staged Payment Invoice(s): the invoice(s) we provide to you at each request for a Staged Payment.
Supplier/Us/Our/We: means Camel Glass & Joinery Limited of Palmers Way, Trenant Industrial Estate, Wadebridge, Cornwall, PL27 6HB with company number 2432225.
Supply Only Goods’ and Supply and Fit Goods: means Goods supplied and/or fitted by the Supplier which are not Bespoke Goods and/or materials which are provided by you, having sourced them from another supplier.
Survey: the inspection and report carried out on the location of the planned Installation of the Goods.
Services: means the installation of the Goods as set out in the Contract.
Terms: these terms and conditions set out in clause 1 to clause 26.
For the avoidance of doubt, a reference to in “writing” includes letter and email, but not fax.
A reference to legislation or a legislative provision is a reference to it as amended or re-enacted. A reference to legislation or a legislative provision includes all subordinate legislation made under that legislation or legislative provision.
Any phrase introduced by the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms. This agreement is between the Supplier and the Customer, the terms of which shall not be changed without written agreement from both parties.
4. ORDERS AND APPLICABLE CONTRACTUAL TERMS
3.1. These Terms shall apply to all tenders, offers, quotations, acceptances, deliveries or contracts relating to the sale of Goods entered into by the Supplier.
3.2. We will issue a Quotation to you on your enquiry based on your Specification. The Supplier will accept ‘as fact’ any Specification provided by you.
3.3. The Quotation is subject to agreement of the final sizes and specifications of the frames to be supplied.
3.4. The Quotation is valid for 14 days from issue.
3.5. Your return of a signed Quotation or your acceptance of the Quotation by letter or email and your payment of a Deposit to Us shall form a Contract with Us.
3.6. We will provide your contact details and a copy of your Contract and your Specification to a surveyor who will contact you directly to arrange a Survey.
3.7. You are responsible for examining the Contract and any related documents, including without limitation the Specification and ensuring its accuracy. We do not accept any liability for errors that may arise due to your failure to do so.
3.8. The Contract is based solely on the Specifications either referred to or included as part of the Contract and shall take precedence over any other conditions, specifications or instructions that may have been given by the Customer to the Supplier, either verbally or in writing.
3.9. Payments in relation to the Contract will be required in accordance with clause 7.
3.10. Goods will be supplied and fitted in accordance with the Glass and Glazing Federation standards in force at the time of the Contract.
Altering your Contract or Specification
3.11. You may request an alteration to your Contract (including an alteration to your Specification) by sending notice to us in writing (Alteration Request). Any such request shall be subject to our acceptance in writing.
3.12. Any Goods which, at the date of receipt of your Alteration Request, are partly or fully manufactured may incur additional charges to meet your request. We will inform you of any additional charges which are to be agreed by you before the Alteration Request will be accepted by Us.
3.13. In the event that We cannot accept your Alteration Request, We reserve the right to terminate the Contract between Us and You in accordance with clause 15.7 without incurring penalty and subject to the limitations set out in clause 19.
3.14. We reserve the right to alter a Contract resulting from variations to the initial Specification which become apparent following more detailed inspections, information or which results from the Survey, including the Price and any Installation Period. We shall inform you of any such change as soon as possible upon us becoming aware.
3.15. We reserve the right to pass on to you any increased costs for any Goods or Services as per clause 6.
5. EXCLUSIONS AND QUALIFICATIONS TO THE CONTRACT 4.1. The Customer is responsible for examining the Contract and any related documents, including without limitation the Specification, and ensuring its accuracy. The Supplier does not accept any liability for errors that may arise due to the Customer’s failure to do so.
4.2. Frame measurements are as per those shown or annotated in the Specification (including within any drawings) supplied by the Customer. Where sizes are not clearly shown then frame sizes have been prepared and scaled from the drawings provided by the Customer. Where frame designs are not clearly shown or if proposed sizes exceed the manufacturer’s design parameters, then alternative designs may have been made based on good practice. The Supplier does not accept liability for any assumed sizes or designs shown on the line drawings supplied as part of the Quotation or Contract unless agreed in writing prior to supply. 4.3. Toughened glass has been allowed for in doors and adjacent frames to doors only or where it is clearly shown on the drawings and included in the Specification and is subject to identification of glass in critical areas.
4.4. Textured glass has been allowed for where clearly identified on the drawings and specifications supplied by the Customer.
4.5. Please note that any line drawings that form part of this Contract are for visual purposes only and should not be construed as being representative of the Goods supplied.
4.6. It is the Customer’s responsibility to ensure that all aspects of design, aesthetics and visual aspects of the Goods and/or Services included in this Contract are satisfactory. The Supplier does not accept any liability for replacing Goods or Services which are deemed unsatisfactory as a result of the Customer failing to make adequate enquiries and review the Contract for accuracy.
4.7. Fire escape windows have been included where clearly shown on the drawings. It is the Customer’s responsibility to ensure that windows/doors specified in the Specification meet with any applicable planning and/or building regulations and relevant laws. The Supplier accepts no liability for any failure to comply with such applicable law and/or regulation.
4.8. Rerouting electrical cable, alarm circuitry or plumbing is not included in the Contract unless specifically stated.
4.9. With any new building it is the Customer’s responsibility to ensure that the Goods specified in this proposal meet with the requirements of any applicable building or planning requirements, including Approved Document F of The Building Regulations 2010. The Supplier accepts no liability for failure to comply with this regulation. If trickle vents are not specifically referred to or shown in the Quotation or Specification or within any drawings then trickle vents will incur an additional charge. 4.10. All necessary planning/building regulations approval are deemed to have been applied for by the Customer. We do not accept any liability for any subsequent claims that may arise due to the Customer’s failure to comply with statutory and/or local bye laws. Should you require planning approval, then we would be happy to forward the name of a reputable agency to handle your application.
5. SURVEY
5.1. Our Contract with You is conditional upon a Survey being carried out and completed by a surveyor who we instruct and Our approval of the Schedule of Works prepared by the surveyor following inspection.
5.2. Our nominated surveyor will contact you directly to arrange a convenient date and time for the Survey to be carried out (Survey Date) and to confirm the location of the Survey.
5.3. The purpose of any Survey is to ascertain the feasibility of the installation detailed in the Contract. This is not a general survey of the premises and shall only be used for the purpose of performing this Contract and shall not be used or relied upon for any other purpose.
5.4. If the Survey does not approve the Installation and/or cannot provide a detailed Schedule of Works for any reason or the Customer does not accept the proposed Schedule of Works including any modifications to the Customer’s Specification or Contract, the Contract will be automatically terminated. The Supplier shall return the Deposit paid by the Customer on Quotation, subject to deductions for any costs incurred such as a Survey fee.
5.5. Following any Survey which reveals:
Survey
6.2. In the event that you fail to enable a Survey, inspection and or the delivery and/or fitting of any Goods to take place within three months of the Quotation, we reserve the right to amend our Price to reflect changes in costs in materials and labour in accordance with fair market rates and will provide you with a Revised Price. You have the right to cancel the contract at this stage subject to clause 15 and will be responsible for any reasonable charges incurred up to and including your date of cancellation including, but not limited to, the cost of an arranged Survey and other related charges incurred by us.
Installation
6.3. You will arrange for and enable Installation to commence within the estimated Installation Period (agreed with you after the Survey has been completed). In the event that you, within three months of the Contract coming into force or three months from us placing an order for the Goods,
a) are unable to accept an appointment for Installation within the Installation Period and are unable to agree an alternative date which falls within an extended Installation Period (to be agreed in writing between you and us); or
b) fail to obtain any applicable consent for Services to be carried out (for example building consent, listed building consent, planning consent); or
c) for any other reason (other than a Force Majeure Event or as a direct result of our failure) fail to ensure that the Installation is completed,
you may cancel any outstanding work covered by the Contract by sending us a notice in writing. You will be required to pay the next Staged Payment Invoice within 14 days of your notice including the difference in the value of any work carried out at the date of the notice which exceeds the total amount paid by you to us as at that date.
We will not charge you for any planned labour costs for works that have not started at this date.
6.4. In the event of 6.3 occurring, you will be deemed to have cancelled your Order.
7. PAYMENT TERMS
Trade Customers only
7.1. Staged Payments may be required for some Supply Only or Supply and Fix contracts. We will notify you at the time the Quotation is provided if this is applicable. VAT will be payable by you at the appropriate rate in force at the time the invoice is raised.
7.2. Each consignment of Supply Only Goods or Supply and Fix Goods will be invoiced separately and payment against the Completion Invoice shall fall due, in full, according to these terms. 7.3. Payment terms are as follows:
Trade account customers – 30 days from date of Completion Invoice or within 7 days of a Staged Payment Invoice.
7.4. If payments received are not stated to refer to a particular invoice, the Supplier may appropriate such payments to any outstanding invoice.
7.5. The Supplier reserves the right, where the Customer fails to make any payments in the time specified, and without prejudice to any other rights, suspend further deliveries until payment is made. The Supplier is entitled to charge interest on the outstanding balance of the overdue account from the time of default to the time of payment, calculated on a daily basis at a rate of 2.5% per month.
Retail Customers only
7.6. Payment terms are as follows:
Retail customers; fitting work – payment on receipt of Completion invoice or Staged Payment Invoice (as applicable).
Retail customers; Supply Only Goods – full payment of the Goods at the point of Quotation is required.
7.7. The Customers’ failure to pay the balance of the Completion Invoice on satisfactory completion would be a breach of this agreement.
8. GUARANTEE
8.1. We provide a Guarantee on our Goods which applies from the date of Installation. The details of our Guarantee are set out in Schedule 1 to these Terms.
8.2. Subject to section 8.3, a valid Guarantee on Goods provided by the Supplier can be transferred between homeowners.
8.3. A Guarantee will only be valid on a transfer between
homeowners if the new homeowner can present a copy of the invoice for the Goods in accordance with Schedule 1 and which clearly shows the relevant invoice number.
9. DELIVERY
9.1. The Supplier shall endeavour to deliver Goods to the address stated in the Contract on the Delivery Date.
9.2. Any Delivery Date provided by the Supplier whether specified in a Quotation or otherwise given by the Supplier shall be an estimate in good faith but shall not be binding upon the Supplier either as a term of the Contract or otherwise. In no circumstances shall the Supplier be liable for any loss or damage sustained by the Customer as a consequence of a failure to deliver on the Delivery Date.
9.3. Delivery is completed on the completion of unloading of the Goods at the delivery address stated in the Contract.
9.4. We will endeavour to inform you of any change to the Delivery Date at the earliest opportunity and shall offer you an alternative Delivery Date if we are unable to fulfil the initial date provided.
9.5. If we fail to deliver the Goods by the relevant Delivery Date and fail to offer you an alternative Delivery Date, our liability shall be limited to the costs and expenses incurred by you in obtaining replacement goods of a similar description and quality in the cheapest market available, less the Price of the Goods.
9.6. We shall have no liability for any failure to deliver the Goods to the extent that the failure is caused by:
c) a Force Majeure Event; or
d) delays in, incorrect delivery, the Customer being absent upon attempted delivery, the delivery address being incorrect or incomplete or the Supplier being unable to deliver to the delivery address for any other reason;
e) the Customer’s failure to provide the Supplier with adequate delivery instructions or any other instructions that are relevant to the Delivery of the Goods;
f) errors in manufacture or in measurement;
g) strike action by the Supplier or its suppliers; or
h) loss of labour through illness.
9.7. If failure to deliver the Goods is caused by 9.6(b) or (c) the Customer shall be responsible for the organisation and associated costs of the attempted re-delivery of the Goods. 9.8. If for any reason the Customer is unable to accept Delivery when due, the Goods will nevertheless be invoiced and payment will be due according to these Terms. The Supplier will, if facilities permit, store the Goods at the Customer’s risk until Delivery can be arranged, for a maximum period of two months.
9.9. The Supplier reserves the right to make additional charges for such storage and any extra handling or transportation.
9.10. On Delivery of the Goods to the Customer, the Customer is responsible for checking the quality of the Goods and must inform the Supplier of any defect with the Goods as soon as possible. The Supplier reserves the right to inspect such Goods on being informed by the Customer, and if the Supplier finds the Goods to be considered defective, the Supplier will arrange for a replacement unit to be provided to the Customer. Defective goods will not be accepted as a reason for non-payment of invoices.
9.11. The Supplier may elect to have the Goods delivered to you directly by the manufacturer of the Goods and will inform you in advance, providing you with an estimated Delivery Date. The Supplier is not responsible or liable for any failure of the manufacturer to deliver the Goods, any delays in the delivery, delivery of incorrect Goods or damaged or faulty Goods or any loss You suffer as a result.
10. COLLECTION
10.1. You may choose to collect the Goods from us if you wish to do so.
10.2. If you elect to do so, you are responsible for the arrangement of and associated costs of arranging a collection, including any costs associated with a third party courier.
10.3. We are not, for any reason, responsible for any liability, loss or result of you arranging your own collection of the Goods. 10.4. You must ensure that you, or any party you instruct on your behalf to effect the collection, acts in accordance with our site rules and policies with regards to health and safety, which will be provided to you on you notifying us of such arrangements.
11. SUPPLY & FIT WORK
11.1. In the event that the Supplier accepts an order for Supply
and Fit work this shall be done at the Customer’s risk in all respects.
11.2. Free and adequate access to the site will be provided by the Customer at all times, with hard standings and approach roads suitable for the Supplier’s vehicles made available and a suitable area provided for Delivery of the Goods.
11.3. In the absence of any previous arrangement to the contrary, all materials salvaged during the course of the work are deemed to be the property of the Supplier.
11.4. The Supplier has the right to sub-contract any order or part of any order.
11.5. Defects or damage existing before the installation or any damage arising thereafter to the premises are not the responsibility of the Supplier unless directly attributable to the work done.
11.6. In the event of a failure to deliver the Goods or perform the Services, the Supplier will endeavour to accommodate the Customer’s preferred fitting dates. In the event that the Customer delays the Installation, for whatever reason, of any Goods supplied by the Supplier for a period in excess of 4 weeks from the date of procurement by the Supplier, then the Supplier reserves the right to make additional charges for the storage and protection of the goods.
12. SUPPLY ONLY GOODS
12.1. All Supply Only Goods are to be inspected by the Customer on Delivery. No claims for incomplete orders or damage will be permitted or accepted by the Supplier after Delivery.
12.2. The handling, working or carrying of the Customer’s own materials by the Supplier shall be entirely at the Customer’s own risk.
13. SERVICES
13.1. In advance of or during Installation, the Supplier does not undertake to move services, fixtures or fittings which are ancillary to the basic structure of the property e.g. radiators, pipes and electricity, telephone or television cables, unless specifically stated in the Specification.
13.2. The Supplier will endeavour to ensure that the Installation matches existing finishes but will not be liable for non-matching finishes due to weathering of existing materials and cannot guarantee that an equal sub-frame will be visible all round. 13.3. The Supplier will make good any damage caused in the course of Installation to plaster, floor rendering and brickwork immediately surrounding any window or door installed, but the Supplier cannot guarantee to avoid causing superficial damage to surrounding wallpaper and paint work or to avoid damage to ceramic tiles in the same area. The making good of that damage is the Customer’s responsibility.
13.4. The Supplier cannot undertake to remove intact any existing glass or frames without damaging them.
13.5. All materials removed during the course of Installation will be cleared from site and cannot be retrieved thereafter. If any materials are required to be retained by the Customer, this must be clearly stated in the Specification or Schedule of Works and will be the responsibility of the Customer to arrange such operations.
14. RETENTION OF TITLE
14.1. Risk in the Goods shall pass to the Customer on the Supplier’s receipt of payment in full of all sums due under the applicable invoice.
14.2. Title to the Goods shall not pass to the Customer until the Supplier has received payment in full for the Goods and Services the Supplier has supplied to the Customer under the Contract. 14.3. Until title to the Goods has passed to the Customer, the Customer shall not remove, deface or damage any of the Goods and the Supplier shall (where possible) store the Goods in accordance with clause 9.8 and ensure that they remain readily identifiable.
14.4. If the Customer fails to make payment when due of monies owed to the Supplier on whatever account or becomes insolvent or commits an act of bankruptcy of if a receiver is appointed over any part of the Customer’s business or property, the Customer’s right to possession of Goods unpaid for shall cease immediately. The Customer acknowledges that the Supplier may for the purpose of recovery of Goods pursuant to this clause enter upon any premises where the Goods are stored or where they are reasonably thought to be stored in order to
recover the Goods. This shall not limit the Supplier’s ability to seek payment of the outstanding monies or to take legal action to recover such monies and other costs incurred as a result of the breach of contract.
14.5. In the event of the Customer arranging for the Goods to be re-sold to a third party (a sub-purchaser), the Customer will inform the Supplier at the time of Order and will provide the Supplier with details of the intended sub-purchaser’s so that the Supplier may notify such intended sub-purchaser of the Supplier’s retention of title in and ownership of the Goods pending payment by the Customer of all monies due from the Customer to the Supplier.
14.6. If the Customer, not having paid all monies due to the Supplier in full, has not received the proceeds of any sub-sale of the Goods, the Customer will, within four working days of being called upon by the Supplier so to do, assign to the Supplier all rights against the person or persons to whom the Customer has sub-sold the goods.
14.7. The Customer acknowledges that the Customer is in possession of the Goods solely as bailee for the Supplier until such time as the Customer has paid in full all sums owing to the Supplier, but that the risk in the Goods shall pass to the Customer either when the Goods are delivered by the Supplier to the Customer or in all other cases on the Supplier’s despatch of the Goods.
15. FORCE MAJEURE EVENT
15.1. Neither party shall be in breach of this agreement or otherwise liable for any failure or delay in the performance of its obligations if such delay or failure results from events, circumstances or causes beyond its reasonable control.
15.2. The time for performance of such obligations shall be extended accordingly.
15.3. If the period of delay or non-performance continues for 20 weeks, the party not affected may terminate this agreement by giving 7 days’ written notice to the affected party.
15.4. We shall, on termination of this agreement, calculate any work started as of this date and invoice you for any additional work carried out which has not been paid for or we shall refund you for any amounts paid for work which has not commenced. 15.5. We shall, as soon as reasonably practicable after the start of the Force Majeure Event, notify you of the Force Majeure Event, the date on which it started, its likely or potential duration, and the effect on our ability to perform any of its obligations under the agreement.
15.6. We shall use all reasonable endeavours to mitigate the effect of the Force Majeure Event on the performance of our obligations.
16. CANCELLATION
16.1. You have the following rights to cancel this contract if you want to.
16.2. To exercise the right to cancel, you must inform us of your decision to cancel the contract by a clear statement (e.g. a letter sent by post or e-mail) quoting your name, address and this contract number within the specified time periods set out above. You may use the cancellation form provided with this contract if you so wish at Appendix 2.
16.3. The notice of cancellation is deemed to be served as soon as it is received by us or in the case of an e-mail or fax from the next Business Day after it is sent.
Supply Only Goods and Supply and Fix Goods:
16.4. In accordance with the GGF Consumer Code of Practice, we provide you with a right to cancel any order for Goods without charge up to 7 calendar days after the date of the Quotation. 16.5. In addition you have a right to cancel the contract within 14 calendar days after the date of the Contract Price or the Goods are provided to you, whichever is the earlier. However, you agree that the survey, erection of any necessary access equipment and Installation work for such products may start before the end of this 14 days cancellation period. If you cancel, we will collect the Goods delivered but not Installed and we will charge you our reasonable costs of collection. We will also charge you our reasonable costs for the Survey, arrangement for and use of access equipment and Installed Goods provided up to the point of cancellation.
Bespoke/third party goods
16.6. Goods that are Bespoke and Goods which are Third Party Goods can be cancelled within 7 calendar days of the date of the Quotation or Contract Price (whichever is the sooner). Please note that charges will apply to Goods which are partially or fully manufactured at the date your notice of cancellation is received and will become immediately payable.
16.7. We have the right to cancel your Contract at any time if it becomes unable to be performed by informing you in writing. In this event we will return sums paid by you to us in relation to the Contract and/or the Goods received and held by us which have been paid in full by you at the point of cancellation.
17. VARIATION OF CONTRACT
17.1. Any variation of this Contract must be in writing and signed by both parties, at which point the variation (Variation) shall come into force.
17.2. You will be responsible for any change in the Contract made at your request and any associated costs, charges, losses or liabilities resulting from any Variation made at your request, including any additional costs or charges incurred with any third party supplier. We will endeavour to inform you of any applicable additional charge at the earliest opportunity.
17.3. We will inform you of any change to the estimated Delivery Date or Installation Period which results because of a variation at the earliest opportunity.
18. COMPLAINTS
18.1. In the unlikely event that you are unsatisfied with the Goods or Service you have received, we operate a three stage complaint procedure, which requests that in the first instance you discuss any problems verbally and informally with your principal contact within the Supplier or their immediate branch manager. 18.2. If you remain unsatisfied, full details of our complaint procedure will be provided to you by your principal contact or branch manager.
18.3. We must be afforded every reasonable opportunity to remedy any complaint for which we may be liable.
19. CONDITIONS RELATING SPECIFICALLY TO TRADE CUSTOMERS
19.1. Unless specifically stated Quotations do not provide for making templates. Where these are required, the Customer will be notified of the applicable additional charges at the point of Order.
19.2. The Customer shall supply, erect, adjust and dismantle all necessary scaffolding at no cost to the Supplier. Such scaffolding is to comply with statutory requirements.
19.3. In the event of towers, cradles or other forms of mobile scaffolding being required, the Supplier reserves the right to amend prices and/or make additional charges for providing the same.
19.4. The Supplier’s liability for damage or breakage from whatever cause shall cease when the goods have been fixed in position.
19.5. No provision has been made in any quotation for cleaning glass and frames or for the removal of protective coatings, which will be the responsibility of the Customer, unless otherwise agreed and charged for by the Supplier.
20. LIMITATION OF LIABILITY
20.1. These Terms shall not affect the statutory rights of you as a Customer.
20.2. Nothing in these Conditions shall limit or exclude the Supplier's liability for:
a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
b) fraud or fraudulent misrepresentation;
c) breach of the terms implied by section 11 of the Supply of Goods and Services Act 1982;
d) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
e) defective products under the Consumer Protection Act 1987. 20.3. The Supplier shall under no circumstances whatever be liable to the Customer, whether in contract, delict, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and
20.4. the Supplier's total liability to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the amount of the Contract.
21. ENTIRE AGREEMENT
21.1. This Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
21.2. Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
22. ASSIGNMENT AND OTHER DEALINGS
22.1. The Customer shall not assign, transfer, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights or obligations under the Contract without the prior written consent of the Supplier.
22.2. The Supplier may at any time assign, transfer, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights under this Contract.
23. WAIVER
No failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
24. SEVERANCE
If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.
25. THIRD PARTY RIGHTS
No one other than a party to this Contract shall have any right to enforce any of its terms.
26. GOVERNING LAW
This Contract and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with, the law of England and Wales.
27. JURISDICTION.
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Contract or its subject matter or formation.
Schedule 1 – Goods Guarantee
PVCu windows, doors and patio doors
10 year warranty for defects in material or manufacture with the PVCu profile for shape, dimension and resistance to weathering and light.
PVCu bi-fold doors carry a 5 year warranty, for defects in material, or manufacture with the PVCu profile for shape, dimension and resistance to weathering and light.
10 year warranty on sealed glass units from the date of original manufacture against condensation or dust forming between the unbroken panes of glass within the sealed unit.
12 months warranty on hardware (hinges, handles & locking gear, etc) for the functioning and reliability.
Roofing systems carry a 10 year warranty, for defects in material, or manufacture with the PVCu profile for shape, dimension and resistance to weathering and light.
Composite doors
10 year warranty for defects in; material finish, bowing, dimension and resistance to weathering and light.
5 year warranty on sealed glass units from the date of original manufacture against condensation or dust forming between the unbroken panes of glass within the sealed unit. 12 months where Georgian or lead effect is within the manufacture of the sealed unit.
12 months warranty on hardware (hinges, handles & locking gear, etc, for the functioning and reliability.
Timber windows, doors, patios, bi-fold doors and stairs.
We offer a 5 year warranty for defects in material, or manufacture with the timber profile for shape, dimension and resistance to weathering and light, excluding decoration.
Aluminium windows, doors, patios, bi-bolds, secondary glazing, composite aluminium/timber products. Patent glazing bars aluminium roofing systems.
For installations in a “non-hazardous environment” we offer a 10 year warranty for defects in material, or manufacture with the aluminium profile for dimension and to weathering and light.
For installations in a hazardous environment, that is within 500 meters of the high water line of the coast or in an indoor swimming pool we offer a 5 year warranty.
We will not warrant goods If a defect in the product arises because you (or any person acting on your behalf) failed to follow the Supplier’s written or oral instruction as to the storage, installation, use and maintenance of products and the recording of this maintenance, including the operational guide supplied with products setting out how they should be installed and maintained (the Operational Guide) and including any specific guidance given in relation to the maintenance of products installed in a hazardous environment. This is available on the Supplier’s website https://camelglass.co.uk. For the purpose of this warranty, you are deemed to have received this operational guide and guidance for maintenance of products installed.
The warranty is also subject to the products being cared for, cleaned and maintained as outlined in the maintenance instructions, which will be passed to the end user or is available on the Supplier’s website.
Marine Guarantees must be applied for prior to coating commences and a Request Form should be completed and returned to our suppliers via our sales team prior to an order being approved. Without our suppliers approval and a third party recorded maintenance routines (washing down every 2 weeks, repairs to damaged paintwork, regular lubrication of moving parts) we are unable to offer a warranty in these locations.
Hardware (hinges, handles & locking gear, etc.) we offer a12 month warranty for their functioning and reliability. Sealed glass units. We offer a 5 year warranty from the date of original manufacture against condensation or dust forming between the unbroken panes of glass.
Glass & glazing
5 year warranty on sealed glass units from the date of original manufacture against condensation or dust forming between the unbroken panes of glass within the sealed unit.
12 months warranty on structural glazing including balustrade and shower enclosures.
Hardware
Hinges, handles & locking gear, etc carry a 12 month function and reliability
Building works
We offer a 12months defect warranty.
Roofline, guttering, fascia, cladding
5 year warranty for defects in material or manufacture with the PVC profiles for shape, dimension and resistance to weathering and light.
Fibreglass roof
12 months defect warranty against leakage.
PV Solar
10 year defect warranty on the goods supplied within the installation.
Garage doors
12 months defect warranty.
Installation and Workmanship
Workmanship Guarantee – 2 years: - Guaranteed against physical faults or errors in the installation which have been caused by defective workmanship.
Building Regulations – 6 years: - Guaranteed against any breach of the Building Regulations, caused by the installation work, in force at the time of the completion of the works.
Exclusions
➢ The customer’s attention is drawn to the User Guide and recommended maintenance documentation. Failure to follow the steps outlined will render the above warranty invalid.
➢ Routine cleaning and normal cosmetic and mechanical wear are not covered under the terms of this warranty.
➢ Stainless steel fittings in exposed marine locations can be subject to surface /spot rusting, the cleaning of this is not covered under the warranty.
➢ The warranty will be invalidated immediately should the product be misused, damaged or dismantled by the customer, or any unauthorised person, or any alteration to the original specification or should the product show evidence of impact, mishandling or tampering, unnatural chemical corrosion or use contrary to its intended purpose.
➢ The limitation of the Supplier’s warranty is to the goods and services provided only and excludes any product or service (including installation and building work) not supplied by the vendor nor any other consequential damage or loss arising. Products must be fitted and maintained in accordance to manufacturers or Glass & Glazing Federation (GGF) recommended methods of installation, incorrect fitting by the customer or third party installers will invalidate this warranty.
➢ If replacement goods are supplied it will be of a standard type of product current at the time of replacement, this warranty applies to replacement goods up to the limit of the warranty period covering the original unit.
➢ Sealed glass units displaying the optical phenomenon, occasionally seen as interference colour bands, known as Brewster’s fringes, or any other naturally occurring phenomenon such as Nickel Sulphide inclusion in glass.
➢ Glass units in service conditions such as (but without limitation) use in transport vehicles, ships or temperature cabinets or use at altitudes over 800 meters or transportation of units over such elevations unless the warranty has been specifically extended in writing to cover the relevant special service.
➢ Polycarbonate roofing sheets periodically forming condensation between the sheets.
➢ The Supplier takes no responsibility for damage or discolouration which may affect the visual appearance of any timber supplied by a customer for treatment
➢ Any goods or services not fully paid for under the Supplier’s terms and conditions of sale.
sales terms and conditions v5.1.docx
January 2023