1. Definitions
“Company” means Mega Glaze Ltd.
“Customer” means the person, firm, company or other organization to whom the Company agrees to supply goods.
“Goods” means any product or service supplied by the Company.
“Contract” means any contract between the Company and the Customer for the supply of Goods incorporating these terms.
“Terms” means the terms set out in this document and any special terms agreed in writing between the Company and the Customer.
2. The Contract
This Contract is made between Mega Glaze Ltd (“Company”) and the undersigned (“Customer”) and is dated as completed on the contract document.
A . All orders are accepted by the Company only under these Terms and Conditions and they may not be altered, unless agreed in writing by the Company. Any contrary or additional terms and conditions, unless so agreed, are excluded.
B . The work to be carried out is limited to that specifically mentioned in the contract. Verbal agreements are of no effect unless shown in the contract under special requirements. Any building work or decoration work which is found to be necessary during the installation, is not included for in this contract unless otherwise specified under special conditions.
C . All quotations are valid for 30 days unless stated otherwise on the quotation.
D . The customer agrees to all of the details of the quotation and terms and conditions by paying the deposit.
E . Any alterations to the order made after Payment of the deposit require written notice from the Customer and may affect the Contract price.
3. Variation of conditions
Any variation of these conditions (including any special terms and conditions agreed by the parties) shall be inapplicable unless agreed in writing by the Company. The Company reserves the right to cancel this Contract in the event any of the Terms of this Contract are breached or broken by the Customer.
4. Price and payment
A. Prices set by the Company may be subject to some changes due to a rise in material prices or any changes to the order made by the Customer. The Customer shall pay the deposit in the amount of 50% of the total Contract cost prior to commencement of the works unless otherwise agreed in writing by the Company. The paid deposit means that the Client read, understand, and agree with our terms & condition. The outstanding balance-second 50% payment (including any variation of Contract) shall be payable to the Company upon completion of job unless otherwise agreed in writing by the Company.
B. Non-completion of minor works shall not entitle the Customer to withhold payment greater than the value of 5% of the due Contract price.
C. If the Customer fails to make any payment in full on the due date the Company may charge the Customer interest on the amount unpaid from the original due date until payment actually takes place at the rate of 10% per month.
5. Passing of property
All Goods remain the property of the Company until they are paid for in full by the Customer.
6. Scope of works
The work to be carried out is limited to that specifically mentioned in the contract. Verbal agreements are of no effect unless specified in the contact under special requirements (via email). Any change not in the contract requested by the customer and confirmed in writing may lead to a change in contract value. The Customer is notified that it is entirely the Customers responsibility to establish whether any planning permission or Building Regulation consent or Listed Building consent are required in relation to the installation of the goods at the Customer’s premises.
The customer is responsible for the accuracy of all dimensions and order detail where it is a supply only contract, unless measured by the Company.
7. Delivery and Installation
A . Delivery dates given by the Company when placing the order are a guide only and shall not be bound by these dates. A revised installation date will be given by the Company when the products are manufactured, but even this may be affected by inclement weather or unforeseen problems arising.
B . The Customer agrees to give free access to the Company’s workmen and supervisors to carry out all constituents of the said installation in a timely fashion.
C. On delivery the Customer is asked to perform a visual check and confirm that the goods are of satisfactory condition and not damaged in any way. The customer will be required to sign the delivery note acknowledging that delivered goods are satisfactory. If a joiner or carpenter has been booked to fit goods, then everything must be checked prior to commencing work.
8. Additional work
A . The Company will endeavour to ensure that the works match existing finishes but will not be liable for non-matching due to weathering of existing materials and cannot guarantee the matching of external specialist finishes. When variations occur in existing plaster lines the Company cannot guarantee that equal amounts of sub frame will be visible all round.
B . The Company cannot undertake to remove any existing glass, frame or secondary double-glazing units intact or without causing damage to their surroundings.
C. The Customers must ensure that an electricity supply is available to the Company’s workmen for the purpose of installing the Goods at the Customer’s premises.
9. Condensation
The Customer acknowledges that condensation is dependent upon a number of variable factors, some of which may be favourably affected by the installation of double-glazing. It is not guaranteed that condensation will be completely eliminated.
The Company does not warrant that the installation of double-glazing or replacement windows will eliminate condensation problems and the Company cannot accept responsibility for the prevention of condensation.
10.Guarantee
All guarantees/warranties are valid for the following period of time:
Window and Door frames are guaranteed for 10 years against defects in manufacturing, materials and workmanship. Please note secondary glazing cannot be guaranteed.
What is not covered by this warranty: damage caused by the excessive heat or contact with flame, damage caused by direct contact with corrosive chemicals, damage as a result of abnormal wear and tear, damage as a result of improper maintenance.
The company shall not be liable to pay for any work carried out by any other person or firm engaged by the customer by way of rectification in respect of the contract works to be performed by the company unless agreed prior in writing.
11. Cancellation
The Customer may cancel the Contract without penalty if manufacturing has not started within the 7 day cooling off period. Any cancellations must be given by written notice and acknowledged in return. However, if the Customer decides to cancel the Contract after the 7-day cooling off period or if manufacturing has started he/she shall be charged as follows: Any manufacturing costs already incurred by the Company; Any other costs relating to the job incurred by the Company.
12. Force Majeure
Whilst the Company undertakes to do its utmost to execute every order within the specified period, the Company does not take responsibility for any default due to any act of God, war, strike, lockout, industrial action, fire, flood, drought, tempest or other event beyond the reasonable control of the Company.