Terms & Conditions
Clear Edge UPVC Limited – Terms and Conditions of Sale
1. DEFINITIONS AND APPLICATION OF THESE TERMS AND CONDITIONS
1.1 “Customer” means the person or firm who buys or agrees to buy the Goods from the Company.
1.2 “Company” means Clear Edge UPVC Limited, whose address is 8-9 Century Court Westcott Venture Park, Westcott, United Kingdom, HP18 0XB and registered company no. 6469604.
1.3 It is considered that any customer entering into an agreement with Clear Edge UPVC Limited is in acceptance of these terms and conditions. The customer is responsible for obtaining a copy of these terms and conditions for their reference.
1.4. No variations of these terms and conditions shall be of any effect unless agreed by the Company in writing.
1.5. If any part of this Agreement is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.
1.6. The contract shall in all respects be construed and operated as an English contract governed by English law and any dispute arising out of, or in connection herewith, shall be referred to the English courts.
2. ORDER SPECIFICATIONS
2.1 The Company may carry out from time to time without notice to the Customer minor alterations, improvements in the construction or design, specification, materials or manner of manufacture of the Goods, which do not materially affect the quality or fitness for the purpose of the Goods.
2.2 Any illustrations in the Company’s promotional literature and documentation are for the customer’s guidance and information only and will not be to scale.
3.1 Prices stated do not include delivery or packaging unless otherwise stated on your Order Acknowledgment.
3.2 The Company may deliver the Goods by separate instalments.
3.3 The Customer shall afford the Company an opportunity to inspect the Goods. The Customer shall notify the Company of any alleged defect, shortage in quantity, damage or failure to comply with description or sample within two business days after delivery/collection (time being of the essence). Failing timeous notice, the Customer shall be deemed to have accepted the Goods, and the Goods shall be conclusively presumed to be in accordance with the Contract, and free from any defect or damage that would be apparent on reasonable inspection.
4. INSTALLATION SERVICES
4.1. The Customer must give us unfettered access to the Site and any neighbouring properties to which we may require access to enable us to deliver and/or install the Goods and provide suitable parking arrangements as close to the Site as reasonably practicable to allow safe delivery and/or installation (if this is likely to be an issue please inform us without undue delay to make suitable alternative arrangements). If the Customer obstructs or slows down the installation process, we will charge the Customer at the rate of £60 per hour for every hour that the installation process is obstructed and/ or delayed.
4.2. The Customer is solely responsible for ensuring that the supply and installation of the Goods comply with council regulation, Government direction, local or other authority and that they have lawfully obtained every necessary licence, permit or authority required in connection with these Conditions. If the Customer does not have the necessary permits, licences and consents, we may terminate the Purchase Order immediately. We will ensure products meet with current Building Regulations. We are not responsible if the correct permits, licences or consents are not in place before or after the provision of the Installation Services.
4.3. In the event that a third-party contractor instructed by the Customer is carrying our work that affects the access to the site or the safety of our team we reserve the right to immediately leave the Site. We will rearrange an installation date at our convenience only when the Site is safe for us to return to. We will charge a rearrangement fee of £600 plus VAT.
4.4. On delivery and/or on the final day of installation (as appropriate) the Customer will be required to sign a Notice of Satisfaction. The Customer, or a nominated third-party representative, must be available to complete the Notice of Satisfaction on the final day of installation. If the Customer, or a nominated third party representative, are not present to complete the Notice of Satisfaction on the final day of installation we reserve the right to reschedule the completion of the Notice of Satisfaction charge a rearrangement fee of £500 plus VAT.
5. DATES AND TIMESCALES
5.1. All collection or delivery dates are given are estimates only and time shall not be of the essence. The Company shall not be liable for any failure to meet any such estimate nor for any loss, of whatsoever nature resulting directly or indirectly therefrom.
5.2. If the Customer wishes to change the delivery and/or installation date, they must give us at least 14 days’ prior written notice, otherwise, a rearrangement fee of £250 will apply.
5.3. If the Customer requests installation to be delayed beyond the delivery and/or installation date (“Deferred Order”), we reserve the right to both increase the price of the Goods if a period of more than ten weeks has elapsed between the date of the Purchase Order and the date upon which the Goods are installed and to request a stage payment in respect of stocked materials.
5.4. If the Customer refuses or fails to take delivery of the Goods, delivery shall nevertheless be deemed to have taken place for the purposes of Company’s right to payment and the Company shall be entitled to store the Goods at the Customer’s risk and expense, including all transportation charges.
6. ORDER CANCELLATION
6.1 There is no right of Customer cancellation of a contract for the supply of goods that are made to measure.
6.2 Without prejudice to its right to claim damages for breach of contract the Company may at its sole discretion in appropriate cases agree to the cancellation of an order by the Customer upon the payment to the Company of all expenses incurred by it prior to the day of cancellation.
7.1 Unless otherwise stated on your Order Acknowledgment payment is required in advance of any production as all products are made to order.
7.2. For any overdue invoice, the Customer agrees to pay interest at the rate of 8% above the Bank of England base rate, plus a fixed debt recovery fee in line with the Late Payment Legislation.
8.1 All products are covered by a 10-year guarantee.
8.2 Any faults covered by your guarantee must be reported to the main office immediately on discovery. Failure to report an issue as soon as it is discovered may invalidate your guarantee.
8.3 Routine cleaning and normal cosmetic and mechanical wear and tear are not covered under the terms of this Guarantee.
8.4 Glass and energy-efficient coatings are soft materials. Optical quality (and any minor marks) is only guaranteed to comply with the visual standards as laid down by The Glass & Glazing Federation.
8.5 Condensation may occur in certain circumstances; Clear Edge UPVC Limited adheres to the Glass & Glazing Federation condensation guidelines. See GGF Leaflet: Condensation Some Causes, Some Advice
8.6 A degree of imperfection in raw materials and painted finishes is unavoidable and therefore acceptable if:
a. The small imperfections in extruded components such as PVC are not visible when viewed from one metre. If the imperfections are clearly visible from one meter the component will be either corrected or replaced as the Company deems appropriate.
b. They are not sharp to the touch, i.e. they will not snag a duster.
9.1 Our total aggregate liability for any claim or claims by the Customer shall be limited to the maximum amount of 100% of the Price paid by the Customer for the Goods giving rise to the claim.
9.2 The Company shall not be liable for any loss or damage caused by the non-performance or delay in performance of any of its obligations hereunder if the same is occasioned by any cause beyond the Company’s control, including but not limited to Acts of God, war, or disturbance, requisitioning, import or export regulations, strike, lock-out or trade dispute difficulties in obtaining materials, breakdown of machinery, fire or accident.
9.3 Nothing in these Conditions shall be deemed to exclude or limit the Company’s liability in respect of (a) death or personal injury arising as a result of the Company’s negligence; (b) fraud or fraudulent misrepresentation; or (c) otherwise to the extent that such exclusion or limitation is not permitted by applicable law.
10. TITLE AND RISK
10.1 Title and Risk shall pass to the Customer when goods come into the physical possession of the Customer or a person identified by the Customer to take possession of the goods. However, if the goods are delivered to a carrier who is commissioned by the Customer and the carrier is not a carrier the Company named, the goods are at the Customer’s risk on and after delivery by the carrier.