Within these Terms and Conditions of Sale Absolute Window Co Ltd (trading as Classic Trade Frames) are referred to as “the seller” and the company or persons placing the order or otherwise dealing with Absolute Window Co Ltd are referred to as “the buyer”. Each order is subject to these Terms and Conditions of sale of which the buyer shall be deemed to assent. No order shall be subject to other conditions, whether additional or inconsistent with these conditions, unless the seller expressly so provides or asserts to the same in writing.
Until an order has become binding on the seller, all price are subject to change without prior notice.
After an order has been accepted by the seller. The seller reserves the right to add to the price of goods to be sold to the buyer, any increase in the cost of manufacturing and delivery by the seller, arising since the date of order, as a result in the increase in the cost of materials, labour, freight and any tax, fee or charge imposed by Government and/or authority.
Quotations and collections dates are given subject to availability of materials and labour. In the event of imposing factors beyond the seller’s control, the seller shall not be held responsible for any delays or breaches of contract incurred.
No order for seller’s goods is binding on the seller until the buyer receives acknowledgement in writing from seller.
All descriptions, specifications, drawing and particulars of weights and dimensions submitted by the seller are to be deemed approximate only, and the descriptions and illustrations in the seller’s catalogues and literature, price lists and other advertising matter shall not form part of the contract.
Products requiring templates must be accompanied with dimensions, both of which must interrelate exactly, supplied by the buyer. Templates to be supplied of a suitable material to allow accurate manufacture to be completed by the seller.
Unless otherwise agreed by the seller or stated in acknowledgement of order, total invoice amount shall become due on placement of order.
The seller reserves the right at any time demand full or partial payment before proceeding or proceeding further order.
If the buyer defaults in payment the seller may (in addition to exercising the right in condition 4 (b) delay further deliveries or cancel contract and other orders received from the buyer.
Until the seller has received full payment of the price of the goods including all arrears, the goods shall remain the property of the seller.
On delivery of the goods, all risks of loss and damage shall pass to the buyer, unless otherwise agreed in writing. Delivery to a carrier or to any other person, firm or company on the buyer’s behalf shall constitute delivery to the buyer.
The goods may be used or re-sold by the buyer but the seller still retains ownership to said goods until full payment is received. The seller shall be entitled to re-possess any goods delivered or to trace and recover the proceeds or any re-sale in the event of non-payment by the buyer.
Any date stated by the seller for collection is given and intended as an estimate only which the seller will endeavour to meet but shall not be binding either as a term of the contract or otherwise. In no circumstances shall the seller be liable for any loss or damage incurred by the buyer as a result of any deviation from the stated estimated collection time or period.
The buyer shall nevertheless be bound to accept the goods ordered whether available on or after the date stated.
Where drawing, specifications, instructions, materials are to be supplied, the buyer shall supply the same in reasonable time to enable the seller to manufacture and dispatch within the period stated.
The seller reserves the right to deliver any order in installments.
Offloading of goods delivered to the site by the seller will be the responsibility of the buyer. Any assistance given by the seller’s driver shall be at the sole risk of the buyer who shall indemnify the seller against any liability for loss, damage or injury, howsoever caused.
The seller reserves the right to withhold delivery of goods to the buyer at any time when the buyer is exceeding or upon such delivery would exceed any credit limited agreed with the seller.
All goods should be thoroughly examined by the buyer on arrival and any shortage, damage or breakage reported to the seller in writing within three days from the receipt of goods.
Where goods are manufactured by the seller to meet a stated collection date, and subsequently goods are requested to be withheld by the buyer, the seller shall be entitled to claim a reasonable sum for the storage of the said goods at 10% of the value per month.
Cancellation can only be accepted if losses are not to be incurred by the seller. If however work has commenced then the buyer shall reimburse in full for all loss and expense incurred by the seller.
All goods are covered by manufacture’s warranty under the terms and conditions as published and issued separately. Claims made under the terms of the warranty will not be considered without proof of origin and date of supply being submitted with claim.
Whilst the seller does everything possible to ensure that the glass or sealed unit is supplied in first class condition, the seller will not accept liabilities whatsoever for defects arising from the glass or sealed unit manufacturing process. Buyers will not be entitled to reject goods on account of any imperfections inherent in the glass or sealed unit manufacturing process.
We strongly recommend that all glass meet the safety requirements of British standard code of practice CP152 1972 and subsequent amendments and BS6262. The buyer must ensure that all glass ordered is in accordance with said requirements.
This trade contract is issued purely on supply only basis. The seller accepts no responsibility for any installation or fitting of goods by a third party or FENSA registration.
If buyers shall default in or commit any breach of any of its obligations to seller or if any distress or execution shall be levied on any of buyers property or if buyer shall make or offer to make any arrangement or composition with creditors or commit any act of bankruptcy, or if the buyer is a limited company and any resolution and petition to wind up business is presented or passed to a receiver appointed of such a company’s undertaking, property or assets or any part thereof then seller shall be entitled forthwith to terminate any order from buyer than subsisting and on written notice of such termination being posted by it to buyer’s last known address any and every subsisting order shall be deemed to have been terminated without prejudice to any claim or right which the seller might otherwise make or exercise.
These conditions and all quotations, offers and acceptances shall be construed according to English Law.