Terms & Conditions

1. DEFINITIONS

In these Terms and Conditions (“the Terms”), the following definitions apply:

 “Company” shall mean Glass Northampton Ltd, 25-29 Bailiff Street, Northampton, NN1 3DX.

“Customer” shall mean any person(s), firm or company to whom the Company supplies Product(s) and/or Services whether directly or indirectly such as an architect acting on behalf of a client and also referred to herein as ‘you’ and ‘your’.

 “Products” shall mean the description of the bespoke goods supplied by the Company.

 “Services” shall mean only services related to Products supplied by the Company.

“Specification” shall mean the detailed description in words or drawings or both of any Company Product(s) and/or Services supplied by the Company and as contained in any Quotation issued by the Company.

“Quotation” shall mean a document produced by the Company and issued to the Customer including specification(s) and price(s) for supply of Product(s) and/or Services to the Customer.

“Order” shall mean a document signed by the Customer and issued to the Company for the purpose of procuring supply of Products and/or Services from the Company in accordance with these Terms and Conditions.

 “Site” shall mean the delivery address or building, or specific location(s) within a building or building to which the Products and/or Services are supplied by the Company to the Customer.

 “Clause” shall mean clause of these Terms and Conditions unless the context shows a contrary meaning.

“Normal Working Hours” shall mean the hours of 08:00 to 16:00 Monday to Friday (excluding public holidays falling on these days).

2. GENERAL

2.1 These Term and Conditions shall apply to all Products and/or Services supplied, installed, or delivered by the Company to the Customer.

 2.2 The Terms and Conditions set out the entire agreement between the Company and the Customer. All Orders are placed under these Terms and Conditions alone and no variation to any Clause shall be applicable unless agreed by a Director of the Company in writing prior to the Company’s acceptance of the Order.

 2.3 The variation by the Company of any single Clause or multiple Clauses of these Terms and Conditions does not imply the waiving of any other Clauses or the rights conferred thereby.

2.4 These Terms and Conditions exclude any other terms and conditions inconsistent there with which a Customer may seek to impose on the Company whether such other terms and conditions are submitted with an Order or issued to the Company at any prior or subsequent time to the issue of an Order and/or which may purport to exclude or supersede any Clause by way of alternative wording in any offer acceptance or counter offer made by the Customer.

2.5 If either party has a right conferred by the other party’s failure to comply with any obligations under the Terms and Conditions and elects to delay exercising that right, such delay is not a waiver of that right or any other right.

2.6 It is the responsibility of the Customer to familiarise themselves with these Terms and Conditions. No claims will be accepted by the Company for any failure of the Customer in this regard.

2.7 The failure of any Clause or Sub-Clause of these Terms and Conditions in law shall not invalidate the remaining Clauses or the provisions thereof which will continue to apply and remain enforceable to the maximum extent permitted by law.

2.8 These Terms and Conditions are governed exclusively by the laws of England and Wales. In the event of any dispute, all parties agree to the sole jurisdiction of the English courts.

3. QUOTATIONS

3.1 Quotations prepared by the Company are based on our interpretation of the drawings and/or verbal and/or written description provided by the Customer or the Customer’s representative. It is the responsibility of the Customer to check the Quotation for accuracy and no claims will be accepted for any failure to check the documentation.

3.2 Quotations will not include a lead-time for manufacture and/or installation, however if requested, we will, as far as we can determine from the information available to us at the time, provide an approximation of how long we expect your order to take from final Survey (if applicable) to completion, being either Delivery or Installation, however this will not be legally binding on the Company.

3.3 The submission of a Quotation by the Company shall not to be construed as a recommendation that the prevailing Site conditions are suitable for the fitting of any Products offered by the Company. Responsibility for assessing Site suitability rests absolutely with the Customer and no claims will be accepted for any failure to undertake this assessment.

3.4 All Quotations are issued subject to Survey and/or Templating. We reserve the right to amend the Quotation price(s) if it becomes evident at Survey that the nominated product is not suitable for the particular installation or if there are substantive differences between dimensions on Site and those detailed in the Quotation.

3.5 Quotations will include an allowance for taking Site measurements or production of Templates by the Company. Should an Order be issued subject to the provision of Site dimensions or Templates by the Customer, the Company accepts no responsibility for the accuracy of those dimensions or Templates. All costs incurred in replacing any Products that has been produced to dimensions or Templates provided by the Customer are recoverable by the Company, including for any necessary re-measure, production of new Templates and Installation costs.

3.6 All Quotations for installation are based on all works being carried out during Normal Working Hours unless stated on the Quotation. Any work requested outside these hours will be charged as overtime and there will be a surcharge to the Quoted price(s).

3.7 Where Quotations include a provision for Installation of any Product(s) by the Company, the Quotation is based on normal Site conditions and continuous uninterrupted working unless stated in the quotation. If the Company encounter site conditions we could not have anticipated at time of Survey, such as obstructions, incomplete adjacent fixtures finishes or surfaces, or other trades working in the same space, which extends the time for Installation or requires a return visit to complete the work, which could otherwise have been completed, the Company reserves the right to recover these additional costs against the Customer.

3.8 All Quotations are subject to these Terms and Conditions and are open for acceptance for a period of 30 days only from the date thereon unless previously withdrawn.

4. ORDERS

 4.1 Orders are to be made in writing, are to be on official letterhead or purchase order, or a signed Glass Northampton Ltd valued Order, and must clearly display the Quotation number to which the Order relates and also include full details of the Customer.

4.2 Where a deposit/proforma payment is required, this must be paid by the Customer in accordance with the terms specified on the Quotation.

4.3 Any Order is subject to acceptance by the Company.

 4.4 Correspondence regarding particular Orders will only be sent to the Customer or their nominated representative.

 4.5 Changes to any Order must be confirmed by the Customer in writing. Manufacture will not commence until any alterations, including any revised costings, have been formally accepted by the Customer and any additional deposit or proforma payment has been made.

4.6 The placing of an Order will be deemed to be an acceptance of these Terms and Conditions and any other terms contained within the applicable Quotation.

5. CUSTOMER’S OBLIGATIONS

5.1 To enable the Company to perform its obligations under these Terms and Conditions, the Customer shall:

 5.1.1 Fully cooperate with the Company;

5.1.2 In a timely fashion provide the Company with any information requested or reasonably required by the Company;

5.1.3 Obtain all necessary permissions and consents which may be required before the commencement of the Services; and comply with such other requirements as may be set out in the Quotation, these Terms and Conditions or otherwise agreed between the parties.

 5.2 The Customer shall be liable to compensate the Company for any expenses incurred by the Company as a result of the Customer’s failure to comply with any aspect of Clause 5.1

5.3 Without prejudice to any other rights to which the Company may be entitled, in the event that the Customer unlawfully terminates or cancels the Products and Services detailed in the Quotation and agreed to in the Order, the Customer shall be required to pay to the Company as agreed damages and not as a penalty amounts as detailed in Clause 13 and the Customer agrees this is a genuine pre-estimate of the Company’s losses in any such case. For the avoidance of doubt, the Customer’s failure to comply with any obligations under Clause 5.1 shall be deemed to be a cancellation of the Products and Services and subject to the payment of the damages as set out in this Clause.

 5.4 In the event that the Customer or any third party, not being a sub-contractor of the Company, shall omit or commit any act or thing which prevents or delays the Company from undertaking, complying with, or completing any of its obligations under the Terms and Conditions, then the Company shall notify the Customer as soon as possible and:

 5.4.1 The Company shall have no liability in respect of any delay to the completion of any project.

 5.4.2 If applicable, the timeframe for the project will be modified accordingly; and the Company shall notify the Customer at the same time if it intends to make any claim for additional costs.

6. PRODUCT SPECIFICATIONS

 6.1 The Product(s) shall be required only to conform to the Specification in the Quotation. For the avoidance of doubt, no description, specification or illustration contained in any product brochure or pamphlet or other sales or marketing literature of the Company, and no oral representation or statement shall form part of these Terms and Conditions.

6.2 In the event of any change to Product specification or substitution of any materials or components or variations to quantities or dimensions by the Company, any such change substitution or variation will not materially affect the performance of the Product(s) and the substituted materials or components will be of a quality equal to or superior to those originally specified.

7. ALTERATIONS TO THE SPECIFICATIONS

7.1 The parties may at any time mutually agree upon a revised Specification for any proposed Product(s). Any alteration in the scope of Product(s) and/or Services to be provided under the Terms and Conditions shall be set out in a revised Quotation or other contract document which shall reflect the changed Product(s) and/or Services, the price change and any alteration to dates previously agreed.

7.2 The Customer may at any time request alterations to any Specification by notice in writing to the Company. On receipt of the request for alterations, the Company shall as soon as possible but within a maximum of five (5) working days advise the Customer by, notice in writing of the effect of such alterations, if any, on the price and on any dates previously agreed.

7.3 Where the Company gives written notice to the Customer agreeing to perform any alterations to the Specification, the Customer shall, as soon as possible but within a maximum of five (5) working days of receipt of such notice, advise the Company by notice in writing whether or not it wishes the alterations to proceed.

7.4 Any such agreed changes, including to price and delivery date, will be performed by the Company under these Terms and Conditions and paid by the Customer as if part of the original agreement.

8. SURVEY AND TEMPLATING

8.1 Surveys and/or Templating visits will only be booked after receipt of an official Order and payment of the deposit or pro-forma invoice (where applicable) has been received.

 8.2 The Company will endeavour to carry out a Survey visit within five (5) working days of being notified that the Site is ready for Survey or Templating. The Customer or an authorised representative must be present during Survey who can discuss and agree any changes that may be required to the Specification of the Product(s).

8.3 Surveys are undertaken and/or Templates produced to enable manufacture of the Product(s). Specifically, the Survey is to measure the Site for the Product(s). Our Surveyors may be able to offer advice with respect to particular fixing details alignments and surface finishes but not with respect to the specific construction or integrity of any related fixtures or walls and the Company shall have no liability in this regard.

8.4 All Survey Sheet(s), sketches, and/or Templates must be signed and dated by The Customer before any manufacture is undertaken. It is the responsibility of the Customer to ensure that an authorised representative is available. The Company will not be responsible for any delays occasioned by the failure of the Customer to sign the Survey Sheet(s) and/or Templates and additional costs may be applied if we need to return to Site to facilitate this process.

8.5 Templating can only be carried out when there are no obstructions and related electrical switches and sockets have been removed from the walls. The Company will not estimate or ‘guess’ the cut outs of any fixtures.

8.6 It is the Customer’s sole responsibility to ensure suitability and readiness of the Site for Survey. If the Company is instructed to attend Site for the purpose of carrying out a Survey or to produce Templates and the required fixtures and/or surfaces are not in place or completed, a further charge will be made for the return visit to carry out the Survey in due course.

9. MANUFACTURE

9.1 Product lead-times will only be given after receiving the Order and deposit/proforma payment (where applicable) or the Survey has been completed, whichever is the later. The number of processes involved in the manufacture will affect the lead-time and more detailed or complex Product(s) will take longer. The Company cannot guarantee a delivery date for any Product(s) and will not be held liable to compensate the Customer for any delays.

9.2 It is the responsibility of the Customer to consider our stated lead-times and to plan their works programme and schedule accordingly. The Company will not be held responsible for delays to or problems of scheduling where the lead-time falls outside your completion date or where the time you have allowed for the project has not considered our lead-time.

9.3 No manufacture will commence until all paperwork is finalised. Colour samples must be signed off and agreed prior to manufacture. Changes to glass specifications or colours after Survey will extend the lead-time and may affect the cost.

9.4 Certain Product(s) supplied by the Company are manufactured by our suppliers. These suppliers will have provided an indicative lead-time when we received your enquiry, but several factors may affect that lead-time including delivery delays, when we subsequently receive your Order. We will notify you of any unforeseen delays when we receive confirmation from our suppliers.

10. COLOURS

 10.1 The Company will use all reasonable endeavours to match as closely as possible any requested colour. We can also show colour samples for approval, however samples and finished Product(s) may be slightly different due to the different processes involved.



10.2 Colours are affected by lighting. Adjacent Product(s) lit differently may appear to be different colours. We strongly recommend that sample are viewed under final lighting conditions as far as possible.

 10.3 Colour match between the outer frame and door slab, door frame or glazed in frame may not be exact due to differences in the material.

10.4 When replacing double glazed units, the Company cannot guarantee that the colour/tint will match exactly.

11. COLLECTION / DELIVERY OF SUPPLY ONLY GOODS

 11.1 When all Product(s) which are the subject of an Order have been manufactured or received the Company will contact the Customer or the Customer’s representative to inform them that the goods are ready for collection or to arrange Delivery (where applicable) and request the balance of the Order (where applicable). Split deliveries are not normally possible, however the Company may at its sole discretion decide to undertake part deliveries under certain circumstances.

 11.2 All deliveries for supply-only Orders are chargeable at the rate shown in your Quotation.

 11.3 Specific delivery times are not available although we will generally indicate AM or PM to assist with your planning. Many factors outside our control affect delivery times and we cannot guarantee to meet our scheduling although we can arrange for our drivers to contact you when in close proximity for you to make arrangements for access. The Company does not accept liability for any costs or damages including direct, indirect or consequential losses arising out of late delivery of any Product(s) whether such delivery is by our own transport or third-party delivery.

11.4 Deliveries will be made to the Site address unless previously advised otherwise. Late changes to the delivery address may affect the pre-arranged delivery date and may incur additional costs.

11.5 The Customer must give the Company at least two (2) days’ notice if a pre-arranged delivery date needs to be changed. Failure to meet this provision may result in an additional delivery charge which must be paid for before a further date can be arranged.

11.6 Where Product(s) are available for collection or delivery and The Customer wishes to delay collection or delivery, the Company will store the goods at your risk. The balance of the Order then becomes due and payable. The Company will undertake to store the Product(s) for up to one (1) calendar month from the date of instruction and reserves the right to charge storage fees at a daily rate dependant on the size and value of the stored Product(s). Any such storage charge must be paid before the Product(s) can then be released from our warehouse for collection / delivery.

11.7 For deliveries of supply only goods, it is the responsibility of the Customer to provide adequate handling time plus easy and close access and safe secure storage space on Site for the Product(s). A Delivery Note will be sent with the Product(s) which must be signed by an authorised signatory to confirm safe receipt of the Product(s). If no authorised signatory is available, the Product(s) will be returned to the Company’s warehouse and a further delivery must be arranged which will incur an additional delivery charge.

11.8 All risk in the Product(s) shall pass to the Customer upon delivery.

 11.9 The Product(s) must be inspected on collection / delivery and any damages and / or shortages identified and detailed on the Delivery Note. No shortage, faulty or damaged goods claims will be recognised unless identified at time of collection / delivery. ‘Not checked’ on the Delivery Note is not acceptable in the event of a subsequent claim.

12. INSTALLATION

12.1 All Installations will be scheduled during Normal Working Hours. Any works requested to be undertaken outside of these hours will be charged as overtime, unless specifically detailed otherwise in the Quotation or any subsequent documentation and agreed by the Company. All requests for overtime must be in the form of a written site instruction from the Customer submitted prior to any overtime being worked. All overtime charges must be agreed beforehand.

12.2 In the unlikely event of an Installation being postponed due to circumstances out of the Company’s control, the Company will not be liable to compensate the Customer for rescheduling the Installation.

12.3 Should the Customer wish to rearrange the pre-arranged Installation date, then the Company reserves the right to surcharge the Order price.

12.4 The time allowed for any Installation assumes normal Site conditions. If we encounter site conditions at Survey or Installation that we could not have anticipated at time of Quotation, which extends the time for Installation or requires specialist equipment for the Installation, the Company reserves the right to surcharge the Order price.

12.5 The time allowed for any Installation assumes free and uninterrupted access to the Site. Additional time on Site to complete an Installation due to factors outside the control of the Company will be chargeable, including where other trades are working in the same space whilst we attempt Installation.

12.6 The Company does not accept responsibility for any cables, water pipes or other services that may be present in any walls, surfaces, or fixtures to which we are fitting or fixing. Any damage that may be occasioned to these services is the sole responsibility of the Customer and if as a result of any such damage the Installation has to be delayed or aborted additional Installation charges will be applied.

12.7Unless prior agreement has been made, Customers are to remove any blinds or curtains before work commences. Although carpets and flooring will be covered with dust sheets, if any additional special coverings are required by the Customer, then this must be supplied and laid down by the Customer prior to the commencement of the Installation.

12.8 Due to the fragile nature of tiles around window frames, the Company cannot be held responsible for any breakages that may occur, and therefore will not be liable to compensate the Customer.

12.9 Should the Company need to make return visits to Site to complete any snagging/defective works after Installation, the Company will not be held liable to compensate the Customer for any costs/time off work that the Customer may incur.

12.10 The Customer is to make available toilet and washing facilities during Installation. If this is not possible, then the Customer must inform the Company prior to the Installation date so the Company can arrange welfare facilities. The cost of these welfare facilities to be a surcharge to the Order price. If no welfare facilities are available on-site during Installation, the Company reserves the right to remove its employees / subcontractors from site until welfare facilities are available. These additional costs to be a surcharge to the Order price.

 13. CANCELLATION

 13.1 All Product(s) supplied by the Company are bespoke. Once an Order is placed and accepted by the Company there is ‘No Right to Cancel’. Cancellation of any Order prior to manufacture may result in forfeiture of the deposit or pro-forma payment or part thereof. In the event that Product(s) have been manufactured the Company will require payment in full in accordance with the Order value, less any Installation charge.

 13.2 For the avoidance of doubt, manufacture will be deemed to have commenced on placing of Order or final Survey (if applicable).

14. PRICES

 14.1 All prices for supply of Product(s) and Services are those ruling as at the Quotation date.

14.2 The Company reserves the right at any time prior to Order to adjust prices to take account of any increase in the cost of raw materials, labour, currency fluctuations affecting the cost of imported materials or services and changes to VAT rates.

15. PAYMENTS AND PAYMENT TERMS

 15.1 Payment terms are as detailed in the Quotation. Settlement of deposits or pro-forma invoices are required prior to arrangement of Survey and instruction to manufacture. The Customer agrees to accept and pay interim/balance payments as stipulated by the Company.

15.2 For account Customers, payment is due 30 days after month end of invoice date following receipt of any Product(s) or completion of any Installation. The Company shall be entitled to charge interest on any overdue invoices at 8% per annum above the base rate of the Bank of England.

15.3 In the event of any supply by the Company of Product(s) and Services for which staged or periodic payment terms have been agreed, the Company reserves the right to halt or delay supply without penalty in the event that any such staged or periodic payments become overdue.

15.4 Time for payment shall be of the essence.

15.5 Part payments will not invalidate any Clause of these Terms and Conditions, or any rights conferred on the Company thereby.

16. GUARANTEE

16.1 The Company guarantee when Installing new Products is for ten (10) years against the failure of the profile, insulating glass units (apart from fire rated which is one (1) year), solid roofs, fascias and soffits. Hardware is for five (5) years and electrical components one (1) year.

16.2 The Company guarantee when Installing glass into existing framework is against the failure of the insulating glass units only and is ten (10) years for glazing to UPVC framework and five (5) years for all other frame types (i.e. aluminium, timber, Crittal frames) apart from glazing fire rated which is for one (1) year.

 16.3 The Company guarantee where insulated glass units are supply only is for one (1) year in UPVC frames and hardwood frames.

16.4 The Company works to the GGF guidelines for marks inside double glazed units and ripples created due to toughening processes, therefore the Company shall be under no liability whatsoever in respect of minor blemishes or imperfections which are not guaranteed by the glass manufacturers (not noticeable at a distance of 3.0 metres).

16.5 The Company does not guarantee that the Installation of the Products specified in the Quotation will affect the incidence of condensation in the building and a leaflet describing the causes and remedies of condensation is available from the Company. The Company does guarantee that condensation will not form between the panes of the double glazed units during the period of the guarantee.

16.6 The Company shall not be liable to repair or replace any item which in its opinion has suffered damage due to misuse, accident, or premature deterioration due to the Customers failure to satisfactorily maintain the Product. The principle of wear and tear will be applied in all cases.

17. LIMITATION OF LIABILITY

 17.1 The Company shall have no liability for any of the following:

 17.1.1 Product defects resulting from fair wear and tear, neglect, accident, improper use or use contrary to any instructions or advice provided by the Company.

17.1.2 Any product(s) not installed by the Company.

17.1.3 Product(s) that have been adjusted, modified, or repaired in any way other than by the Company’s own installers.

 17.1.4 Suitability of the Product(s) for any particular use or conditions, whether or not any such use or conditions were known to the Company.

17.1.5 Substitution by the Customer of any items, materials or components not forming part of the Product Specification produced by the Company.

17.1.6 Substitution of any Product(s) or parts thereof provided always that any such substituted materials or components do not materially affect the characteristics or performance of the Product(s) and that any such substitution is of equal or higher quality to those originally specified.

 17.1.7 The accuracy of any dimensions or templates supplied to the Company by the Customer.

17.2 In no event shall the Company be liable to the Customer for any direct, indirect or consequential loss or damage whatsoever arising from any negligence or breach of any statutory or other duty or resulting from or in connection with the performance, alleged performance or failure to perform by any of the Company’s employees, agents or subcontractors under these Terms and Conditions except where expressly stated to the contrary.

17.3Nothing in these Terms and Conditions shall exclude or limit the Company’s liability for death or personal injury resulting from the Company’s negligence or that of its employees, agents or subcontractors.

18. TERMINATION

Either party may terminate any agreement under these Terms and Conditions forthwith by notice in writing to the other if:

18.1 The other party commits a material breach in the Terms and Conditions and, in the case of a breach capable of being remedied, fails to remedy it within thirty (30) calendar days of being given written notice from the other party to do so.

18.2 The other party commits a material breach of the Terms and Conditions which cannot be remedied under any circumstances.

18.3 The other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect.

 18.4 The other party ceases to carry on its business or substantially the whole of its business.

 18.5 The other party is declared insolvent or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors, liquidator, receiver, administrative receiver, manager, trustee, or similar officer is appointed over any of its assets.

19. INTELLECTUAL PROPERTY RIGHTS

All Intellectual Property Rights produced from or arising as a result of the performance of these Terms and Conditions shall, insofar as not already vested, become the absolute property of the Company and the Customer shall do all that is reasonably necessary to ensure that such rights vested in the Company by the execution of the appropriate instruments or the making of agreements with third parties.

20. FORCE MAJEURE

Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lockouts, accidents, war, fire, an act or omission of government, highway water or drainage authorities or any telecommunications carrier, operator or administration or other competent authority, or the delay or failure in manufacture, production or supply by third parties of equipment or services and that party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.

21. INDEPENDENT PARTIES

 The Company and the Customer are independent of each other and neither has the authority to bind the other to any third party or to act in any way as the representative of the other, unless expressly agreed in writing by both parties. The Company may, in addition to its own employees, engage subcontractors to provide all or part of the Services being provided to the Customer and such engagement shall not relieve the Company of its obligations under these Terms and Conditions or any other terms from the applicable Quotation.

22. ASSIGNMENT

22.1 The Customer is not entitled to assign its rights or obligations or delegate its duties under these Terms and Conditions without the prior written consent of the Company.

22.2 The Company may in its absolute discretion assign all or part of any invoice(s) to a third party, to whom payment must then be made by the Customer.

23. NOTICES

 Any notice to be given by either party to the other may be served by email, fax, post or personal service to the address of the other party given in the Quotation or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary be proved be deemed to be received on the day it was sent, if sent by fax shall be deemed to be served on receipt of an error-free transmission report, if given by letter shall be deemed to have been served at the time the letter was delivered personally or if sent by post shall be deemed to have been delivered in the ordinary course of the post.

24. NO THIRD PARTIES

Nothing in these Terms is intended to, nor shall it confer any rights on a third party.