Terms & Conditions: TMD Glass Ltd

Definitions

In this agreement the following phrases shall have the following meaning:
“The Client” means the business, organisation or individual signing up to the Contract.
“The Company” means TMD Glass Ltd and/or any of its nominated partnering Companies providing services under the Contract.
“Goods” means any materials supplied by the Company under the Contract.
“Payments” mean those sums payable by the Client as set out in the Contract.
“The Contract” means the quotation from the Company, setting out the Contract duration (where applicable), payments due and details of the goods and services to be provided and a written acceptance from the Client.

Title of Goods

Legal title to the goods does not pass to the Client until all sums due to the Company by the Client have been received in full and cleared at the Company’s bank. The Company shall have the right, without incurring liability, to enter the Client’s premises and take possession of any goods supplied for which payment has not been received. The Client will allow the Company free access to the goods. This right does not prejudice any other legal rights or remedies available to the Company.

Contract

Orders will not be processed until written acceptance of our quotation and terms have been received. Quotations are valid for 30 Days.

The Company will provide you with an estimated delivery/installation date. Where a site survey is required and this has been stated on the initial quotation, we reserve the right to adjust our charges accordingly following site survey.

The Client shall grant the Company’s representatives access to the premises at all reasonable times for the purpose of taking measurements, carrying out the works forming the subject of the Contract and for any subsequent remedial work/repairs if necessary.

Representatives and showroom samples and/or photographs are used to demonstrate a typical unit and its composition. No warranty is given that the unit supplied will conform precisely to the sample. Units will be measured by the Company’s appointed Surveyor for the purpose of manufacture and will be manufactured in the way considered suitable by the Company and pursuant to the Company’s policy of continuous improvements to its products. It reserves the right to make any necessary modifications.

If the work specified is not completed within the delivery period quoted to the Client, the Client may serve written notice on the Company requiring that the work be completed within such reasonable period as the Client may specify (in general the Company would accept six weeks as being reasonable). If the work is not completed within such extended period the Client may cancel the uncompleted work covered by the Contract by the service of written notice to that effect on the Company.
Notwithstanding the aforementioned i) the Company shall not be liable for any delay in the completion of the work which arises from causes beyond the reasonable control of the Company and in the event that time has been made the essence of the Contract, time shall not run during any period when delay on that account is operating and ii) cancellation of any uncompleted work shall be without prejudice to the Client’s liability to pay for such part of the work as has been completed.

Where the Company has carried out production in accordance with proposed delivery/installation/collection instructions and the customer subsequently delays delivery/installation/collection, the Company reserves the right to raise an invoice for the value of the work completed and for the storage costs.

The Company guarantees the price of the Contract for three months. Should installation have not commenced within this period for reasons beyond the Company’s control, then the Client shall be responsible for any subsequent price increase at the date of installation.

Installation teams will require an Installation Docket to be signed by the Client, in doing so the Client is acknowledging receipt of the goods in good condition and working order. Should the Client feel that this is not the case they should indicate this on the docket allowing the Company in the first instance the opportunity to rectify.

No verbal conditions or promises except those stated in the Contract shall be recognized. All terms of the Contract between the Company and the Client are contained in the Contract. No variation of or additions to the work specified shall have effect unless agreed in writing under the signature of a duly authorized representative of the Company.

Installation & Access

Where the Company are unable to carry out installation or delivery through error or fault on the Client’s part, the Company reserve the right to charge for any reasonable costs incurred. The Company reserves the right to apply a waiting charge of £25 per man hour for every hour the Company’s staff are delayed on site due to the fault of the Client.

The Company will advise an estimated delivery/installation date and wherever possible will adhere as close as possible to this schedule. All delivery and installation dates quoted are estimates only, despite best efforts occasionally delays will occur. The Company will not be liable for any delay or failure to deliver/install within such estimated timescales.Late changes to the scheduled delivery/install date by the Client may result in increased costs to the Company who reserve the right to pass all reasonable costs onto the Client.

The Client should advise at the time of order if there are any special requirements to consider with the installation, these might include difficult access to the site or scheduled events for where the installation is to take place. Should the Client require the names of the installation team and/or the vehicle registration, please advise this in writing at the time of order.Any special parking requirements/restrictions or loading/unloading areas should also be advised in writing at the time of order.

Liability and Guarantees

Should the Client feel that the goods installed/delivered has not met their expectation, the Client must notify the Company within 2 days of installation, giving the Company the opportunity to assess and rectify the matter should we concur that it does not meet our high standards and/or industry standards.

The Client shall not be entitled to withhold payment by reason of any alleged minor defect. The Company will investigate any such defect after payment in full of the balance upon completion.

Where payment is not made on the due date in accordance with these conditions the Company shall have the right to require payment of interest on the outstanding amount at the rate of 2% per month from the due date until the date of actual payment. The Company will retain title to the goods supplied and installed until such time as full payment is made.

The Company guarantees the price of the Contract for three months. Should installation have not commenced within this period for reasons beyond the Company’s control, then the Client will be responsible for any subsequent price increase at the date of installation.

For installations, the Company expects that all surrounding plaster, rendering and flooring is in good order and will endeavour to make good any minor chips to internal plaster reveals immediately surrounding any window or door installed. The Company will not be responsible for providing matching ceramic or other tiles or specialized finishes such as Tyrolean or pebble dash or for making good wallpaper, loose plaster, render, flooring or tiling. Unless otherwise specified in writing, the Company does not undertake the re-siting of any gas, electrical, wiring, plumbing or telephone installations. Suitable arrangements should be made by the Client for any such works to be carried out prior to commencement of the work required under the terms of the Contract.

The Company accepts no responsibility for any damage resulting from structural or other defects in the property at which the installation is carried out but any complaint or claim by the Client for compensation for damage done by the Company for which it may be liable under these terms and conditions must be made in writing to reach the Company within 7 days of installation in default of which the Company will accept no liability thereof..

All glass used is the best available, but glass merchants will not give a guarantee covering minor imperfections or shade variations and consequently the Company cannot be held responsible for any such imperfections or shade variations outside of the industry standard. The Client should inform the Company of any defects or imperfections in glass installed by the Company within 48 hours.

All UPVC and aluminium windows and doors supplied and fitted by the Company have a 10 year guarantee against the UPVC and aluminium discolouring, cracking or splitting and the glass misting up/breaking down.

All UPVC and aluminium windows and doors will be Fensa certificated only when supplied and fitted by the Company.

Double glazed sealed units, supplied and fitted by the Company into customers own existing UPVC, aluminium and wooden frames have a 5 year guarantee against the glass misting up/breaking down subject to correct maintenance and operation by the Client.

All ironmongery has a 12 month guarantee subject to correct use and operation by the Client.

All processed glass ie: mirrors, table top glass, shower screens, counter glass and glass balustrades is supplied and/or supplied and fitted to current industry standards. On Supplied and Fitted Glass, any defects must be reported by the Client to the Company within 48 hours.Supply Only Processed Glass must be checked by the Client prior to leaving the Company’s premises or at point of delivery.

The Company accepts no liability in respect of the following:

  1. Damage caused by misuse, forcing of handles, impact or adjustments made by unqualified persons.
  2. The failure of the installation to reduce or eliminate condensation.
  3. Damage caused by paint, stickers, tape, solvents or unsuitable cleaning products.
  4. Damage resulting from subsidence due to soil shrinkage, underground or mine workings.
  5. The Company cannot be held responsible for shrinkage or superficial cracking of new plasterwork, this is normal and should be decorated by the Client as required.

Payment Terms

The Company requires 100% payment with a Supply Only order and a 50% deposit with order for a Supply and Fit order. Payment for Commercial Contracts will be negotiated individually.

The balance payable on completion shall be paid to the Company upon installation. Payment shall be by way of cash, cheque, bacs or debit card. Payment by credit card will be subject to a 2.5% surcharge.

Invoices will be produced and sent out electronically wherever possible. Should you require the invoice to be sent directly to your Accounts Department please advise the correct contact name, email address and telephone number at the time of ordering.

In the event that there are late payments owing to the Company, the Company reserve the right to charge interest at the rate of 2% per month above the Bank of England base rate prevailing at the time of the outstanding balance. If interest is so charged it will form part of the outstanding debt due to the Company.

Cancellation

The Company reserves the right to cancel any order by refunding all monies paid upon receipt of an unsatisfactory survey report or credit reference being obtained in respect of the Client.

The Client is unable to cancel a Supply Only order once placed and the Company is not liable to refund any monies paid. The Company are obliged to provide a 7 day cooling off period for Supply and Fit orders, within which the Client is able to cancel their order and receive a full refund unless the Client has signed a waive agreement negating the 7 day cooling off period. Cancellation must be effected by giving written notice to the Company. Should cancellation be accepted within the cooling off period then 10% of the total contract price may be chargeable to the Client to cover administration costs.

These terms and conditions shall not be construed as to affect the statutory or common law rights of the Client.