Terms & Conditions

General

  1. All contracts entered into between Safety Glass Industries LTD (list of other companies) or any subsidiary of such companies (the Seller) and any person, firm or company fitting, resealing or any other services (“goods and services”) from the Seller shall be subject to these General Terms and Conditions, in addition to any special terms which may be incorporated in writing in any particular contract and which shall in the case of conflict override these General Terms. Unless otherwise expressly agreed in writing by the Seller, no terms or conditions of sale of servicing which are at variance with these General Terms or with any such special terms shall be construed as having any effect on any such contract.

Prices and Payment

  1. Quotations for goods and services issued by the Seller are not to be treated as offers by the Seller but as a basis to treat open for a period not exceeding thirty days from the date of quotation. If an order is placed on the basis of such a quotation, such order will be treated as an offer subject to these General Terms and shall not be binding upon the Seller unless and until accepted by it and confirmed in writing. Prices for goods and services are exclusive of VAT.
  1. Payment must be made in cash or if credit is allowed by the Seller not later than the 20th of the month following the month in which the invoice is rendered. If any payment is outstanding for more than one month after its due date, interest will be charged thereon at 1½% for each month or part thereof during which the same remains unpaid compounded monthly.

Specification

  1. All drawings, descriptive matter, dimensions, specifications and other data published or issued by the Seller are for the sole purpose of giving an approximate description of the goods and services and no information contained in any of them shall form part of the contract specification of the goods or services. If goods are specified as being for a particular type of vehicle the Seller is only indicating that they are suitable for that type of vehicle and not that the goods have been produced by the manufacturer of that type of vehicle or its normal supplier. The seller reserves the right to make without notice such modifications in specifications design, materials or otherwise as it deems necessary or desirable and the Buyer shall not be entitled to object or reject the goods or services supplied by reason of any modification or substitution of suitable alternative goods.
  1. Where goods or services are supplied to the Buyer’s design or specification, the Buyer warrants that the manufacture, supply or sale by the Seller of such goods or services will not infringe any patent, registered design, copyright or similar intellectual property right and will indemnify the Seller against all liability for any infringement and against all actions, losses, costs and expenses in relation thereto. Any goods or services so supplied must be inspected by the Buyer before collection or delivery to ascertain their compliance with such design or specification.

Delivery or Completion

  1. Unless otherwise agreed by the Seller at the time of acceptance of the order, goods will be delivered and services will be completed by making the goods or serviced vehicle or other item available for collection at the Seller’s premises at the time specified by the Seller or on reasonable notice by the Seller. In the case of goods delivered by the Seller or a common carrier, the Seller shall have no responsibility for goods damaged or lost in transit, unless specific request has been made by the Buyer for insurance to be effected in respect of such carriage. In any case, no liability shall be incurred by the Seller in respect of such loss or damage unless the Buyer informs the Seller within ten days after the date of invoice for such goods.
  1. The Seller shall be under no liability for any loss or damage arising directly or indirectly out of its failure to fulfill delivery or completion dates quoted, promised or requested and orders shall not be voidable for that reason. The Seller will however use its best endeavours to meet any delivery date specified in the contract, such date being an estimate of the time when delivery or completion will take place.
  1. When goods or services are to be supplied by instalments, the contract shall be construed as a seperate contract in respect of lot or instalment subject to these General Terms and any special terms incorporated in the contract and the rights and liabilities of the Seller and Buyer respectively shall be the same as though a separate contract subject to such terms had been made for each lot or instalment. If the Buyer has not made any payment for a previous lot or instalment, the Seller shall however be under no liability to deliver or complete a subsequent one until payment for such previous one has been made in full.
  1. Deliver or completion shall be deemed to have occurred:
(a) in the case of goods to be collected from the Seller’s premises, at the time that such goods are made available for collection, such time having been notified to the buyer;
(b) In the case of goods to be delivered to the Buyer’s premises, at the time when the goods are taken to such premises and the Buyer is asked to accept such delivery (whether or not he does so).
  1. The Seller does not supply goods on the basis of sale or return. In addition no goods or serviced vehicle or item may be returned to the Seller without its prior written consent and applications for such consent can only be considered within thirty days after invoice and must be in writing stating the date and number of invoice and reasons for requesting the return of the relevant items. Duly authorised returns must be sent carriage paid to the Seller and the Seller advised in writing referring to the authorisation as above. If any goods are not collected from the Buyer’s premises within thirty days after the date which was notified as being the time when they would be available for collection, the Seller reserves the right to resell such goods without prejudice to its rights against the Buyer in respect of thereof.

Force Majeure

  1. Delivery or completion may be in the absolute discretion of the Seller be partially or totally suspended by it during any period in which it may be prevented from manufacturing, supplying, delivering by the normal route or means of delivery or making available for collection the goods or supplying by the normal means services through any circumstances beyond its control including without limitation, strikes, lock-outs or other industrial action or the reasonable expectation thereof, civil disturbances, war, insurrection, acts of God, fire, explosion, inclement weather, seizure, arrest or requisition of goods or any or all materials from which they are ordinarily made or any materials which are ordinarily used in provision of services, failure or restriction of sources of supply of materials as aforesaid, government regulations, requirements or licensing restrictions, shortage of or delay in obtaining fuel supply or materials and interruption of means of communication or transport. If the total or partial suspension of the contract shall exceed a reasonable period the contract may be cancelled by either party by written notice to the other. Such termination shall not prejudice the right of the Seller to require the Buyer to take delivery of (and pay for) such of the goods or services as are or may be available for delivery or supply (whether before or after such termination) or any rights which may have accrued to either party prior to the date of such termination. The Seller shall not be under any liability arising out of its failure to deliver or complete or to perform its obligations hereunder which is directly or indirectly attributable to any events as above.

Liability

  1. The Seller will free of charge make good either by repair or at its option  by supplying new goods in exchange for and of the same description as the defective goods in exchange for and of the same description as the defective goods or by supplying further services in order to rectify the defective services, provided that:
(a) the good or services are shown to be defective solely due to defective materials, design or workmanship;
(b) the Buyer shall have notified the Seller of such defect in writing immediately on discovering the same and within six months after the date of invoice or as provided in condition 5 above and the Seller is satisfied by inspection of the goods that the defect is due to the causes specified in (a) above;
(c) repair or exchange of the goods or supply of further services is not required because of use by the Buyer in an improper manner, accident, neglect, unsuitable treatment or causes other than ordinary use;
(d) the Buyer has not made any unauthorised attempts to repair the goods or serviced vehicle or other item;
(e) the goods or services had been supplied by the Seller pursuant to a contract between the Seller and the Buyer;
(f) the defective goods or serviced vehicle or other item are immediately returned, at the Buyer’s expense, to the Seller’s premises, if requested.
  1. Save as expressly provided to the contrary in these General Terms, every term, condition or warranty whatsoever relating to the quality, description or fitness of the goods or services applied by law or otherwise howsoever is expressly excluded except in so far as the same cannot be excluded in relation to consumer sales.
  1. Without prejudice to the foregoing, the Seller shall not be liable in relation to the goods or services for any breach of contract or tort or otherwise howsoever for any amount exceeding three times the invoice price of the goods or services or for any consequential loss arising in connection therewith or for any breakage or failure of the Buyer’s own glass, channels, frames, mouldings and other fitments, other than (in each case) liability for death or personal injury due to the negligence of the Seller.
  1. The Buyer warrants to the Seller:-
(a) that he has not relied on any representation made by or on behalf of the Seller in relation to the goods or services;
(b) that he has satisfied himself that, if the goods are of merchantable quality and if the goods or services correspond to their contractual description, they will be fit for every purpose for which he requires them.

Title

  1. (a) The property in the goods or sold or used in the provision of services supplied shall remain vested in the Seller and shall not pass to the Buyer until the Buyer has made payment in full of the invoice price and the invoice price in relation to any previous instalment or lot from the same contract.
(b) So long as the property in the goods remain vested in the Seller, the Buyer shall keep the goods as bailee and shall in so far as may be possible store them in such a way that they are identifiable as the property of the Seller and separate from all other goods in the Buyer’s possession.
(c)  So long as aforesaid, the Seller may by notice in writing to the Buyer, determine the Buyer’s right to sell the goods and the Buyer shall thereupon return the goods to the Seller and shall cease to be in possession of the goods with the consent of the Seller and at any time after giving of such a notice the Seller may enter upon any premises where the goods are or are reasonably believed to be and may remove them.
(d) So long as aforesaid, the Buyer shall be entitled to use or sell the goods in the ordinary course of the Buyer’s business, but only upon the following conditions:-
(1) the resale shall be deemed to be for the account of the Seller and any proceeds thereof shall be held by the Buyer on behalf of the Seller until such time as the amounts referred to in (a) above have been paid in full;
(2) if the goods are prior to sale by the Buyer, made up or incorporated in or mixed with other goods and remain separately identifiable, the Seller shall retain title thereto and, if they are so treated but do not remain separately identifiable, the Seller shall become joint owner of the other goods in or with which the goods are incorporated or mixed in such a proportion as the value of the goods bears to the value of the other goods in which the goods are so incorporated or mixed;
(3) if the Buyer sells the goods in or with which the goods have been so incorporated or mixed, the sale shall be on behalf of the Seller as joint owner thereof any the Seller’s share of the proceeds of sale shall be held in trust for the Seller and in a separate identified account.
(e) Notwithstanding the foregoing the goods are at the entire risk of the Buyer from the time or delivery.

Governing Law

  1. All contracts made on these General Terms shall be governed by and construed in accordance with English Law.

Imagery

Additional note

Goods returned that are not faulty are subject to a 10% handling charge in addition to the cost of returning the glass. Any damage caused in transit must be reported within 24 hours of receipt, any other faults must be reported in 5 days.