1.1 Any terms or conditions sought to be imposed by either party shall not be incorporated into the Contract and shall have no effect unless agreed to in writing by the other party
1.2 Clearglaze (Midlands) Limited ("We") may, as your agent, directly or through an intermediary ask another contractor ("Third Party Contractor") to carry out some or all of any work which you instruct us to carry out for you. We shall pay the reasonable charges of Third Party Contractors on your behalf and recharge them to you with our own fees. We will ensure that the Third Party Contractor fees which are recharged to you are in line with the fees we will have quoted to you had we done the work ourselves. We will take all reasonable care in selecting and instructing a Third Party Contractor.
2.1 We shall invoice you on completion. Invoiced amounts shall be due and payable once the work has been completed.
2.2 We shall be entitled to charge interest on overdue invoices from the date when payment becomes due from day to day until the date of payment at a rate of 1.5% per annum above the base rate of the Bank of England.
2.3 The price of the goods and services is exclusive of Value Added Tax which shall be charged at the rate prevailing at the reliant tax point.
3.1 As soon as we have delivered the services, you will be responsible for them and we will not be liable for their loss or destruction. Therefore, you would need to take necessary steps to insure the items
4.1 You will only own the goods once the work has been successfully completed and when we have received cleared payment in full
5.1 We will carry out the work at the address you specify in your order, it is important that this address is accurate. We aim to complete the work by the date quoted for completion. If completion is delayed due to any cause beyond our reasonable control, the completion date will be extended by reasonable periods and we will contact you to arrange an alternative time.
6.1 We will install the items within a reasonable time
6.2 if in our opinion it is not reasonably practicable for any reason to carry out any of the work we are instructed to carry out, we shall be entitled to refrain from carrying out or completing such work and will consult with you as to what if any work is to be undertaken. We will if required by you, provide a written explanation as to why any work is not considered to be reasonably practicable.
6.3 If the cost to us of carrying out the work is subsequently increased by reason of increases in the cost of materials and/or labour and/or any other factor outside our control, then we shall notify you before undertaking any work to which the increase will apply. If you require us to discontinue the work, you shall only be required to pay us for the work already carried out.
7.1 Unless the Agreement provides otherwise, the price for the services shall be payable no later than seven (7) days notice, to charge you for costs and expenses incurred in recovering late payments and to charge interest at the rate then in forced pursuant to the late payment of commercial Debts (interest) Act 1998 as the due date.
8.1 We warrant as from the date of delivery for a period of 12 months the goods and all their component parts, where applicable, are free from defects in design, workmanship, construction or materials. Any additional warranties described in the specification document are manufacturer's warranty only.
8.2 We warrant that the services performed under the Agreement shall be performed using reasonable skill and care, and of a quality confirming to generally accepted industry standards and practices.
9.1 We will permit you to cancel this Agreement by sending written notice no later than seven (7) days after the date on which you agree to the work being carried out, unless work has already commenced. If you request cancellation at a later date, then unless we are in breach of contract, we have the right to retain all or part of your deposit as a contribution towards any losses or costs we suffer as a result of the cancellation.
9.2 We Reserve the right to cancel the Agreement between us if:
9.2.1 We have insufficient stock to install the goods you have ordered: or
9.2.2 One or more of the items required for completion of the installation was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers
10.1 If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
11.1 Except for death or personal injury caused by our negligent acts or omissions we shall only be liable for any loss or damage which is a reasonably foreseeable consequence of a breach of this Agreement
11.2 You will be responsible for all claims, liabilities, damages, costs and expenses suffered or incurred by us as a result of your breach of default in the discharge of your obligations.
11.3 Where we need to carry out work on your premises and/or install equipment, we will not accept liability for the cost of repairing or replacing parts of your existing system which occurs due to faults in your system, unless we have been negligent in not realising that such damage may occur or in the way we did the work
11.4 In the event of our losing or damaging your good, we will pay for the reasonble costs of repair or replacement (less wear or tear) of the items or provide you with a full refund if we have been negligent
12.1 Parties to this Agreement agree to submit to the exclusive jurisdiction of the courts of England and Wales
13.1 Nothing in the Agreement is intended to, nor shall any rights on a third party.
15.1 If you are unhappy with any aspect of our service, please contact ClearGlaze (Midlands) Limited. Any complaints will be dealt with sympathetically and we will work with you to reach a satisfactory conclusion.
16.1 We Reserve the right to make minor changes to this Agreement from time to time. Any major changes will only be made with your agreements