STANDARD TERMS AND CONDITIONS FOR SALE OF GOODS ON WEB
FORSYTH GLAZING LTD
1. Formation of a Contract
1.1 This order shall be accepted entirely at our discretion and shall constitute a legally binding contract between us 'Forsyth Glazing Ltd' and you 'The Buyer' and such contract is hereafter referred to in these terms and conditions as "an order".
An order cannot be cancelled once it has been accepted by us.
1.2 The Order must be paid before any commencement of work by us.
1.3 These conditions shall override any contrary, different or additional terms and conditions contained or referred to in any quotations, estimates, prior order forms or other documents from us. No addition, alteration, substitution or waiver of these terms and conditions will be valid unless expressly accepted in writing by us or a person authorised to sign on our behalf.
1.4 These terms and conditions shall be construed in accordance with the laws of Scotland and shall be subject to the exclusive jurisdiction of the Scottish courts.
2. Specification
2.1All goods supplied by us shall be in accordance with our current price list as published from time to time and further specifications or descriptions expressly listed or set out on the face of the order. We reserve the right to change the type of materials used in our products, provided the alternative materials used comply with BS/EN standards of equal or greater specification.
2.2 Where the products supplied are wood products we would bring to your attention the following:
(I) Wood is a natural product and therefore we cannot guarantee that the colour or grain will match.
(II) Any door that has been worked on cannot be returned as all defects must be reported before work commences.
(III) All doors supplied are sourced from sustainable forests.
2.3 Whilst every effort will be made to match colours and finishes, all natural and many synthetic colours and finishes can only be supplied on the understanding that there is always a possibility of variation.
3. Acceptance and Visual Appearance.
3.1 You will be deemed to have accepted all goods upon their delivery by us by signing and retaining a copy of the collection note or Invoice. The following should also be noted :
DIMENSIONAL TOLERANCES – Toughened or Annealed
Width or height < 2000mm Tolerance +/- 2.5mm Squareness +/- 4mm
Width or height > 2000mm, < 3000mm Tolerance +/- 3mm Squareness +/- 5mm
Width or height > 3000mm Tolerance +/- 4mm Squareness +/- 8mm
Hole position Diameter > 4mm, < 20mm Tolerance +/- 1mm
Hole position Diameter >20mm, <100mm Tolerance +/- 2mm
BOW TOLERANCE Overall bow 2mm per metre
VISUAL QUALITY OF CLEAR GLASS
Both single glass and panes of sealed units shall be viewed at right angles, from the room side, standing at a distance of not less than 2metres. Toughened, laminated or coated glasses shall be viewed not less than a distance of 3 metres in natural daylight and not in direct sunlight. The area to be viewed is the normal vision area with the exception of a 50mm wide band around the perimeter. Flat transparent glass, including laminated or toughened glass shall be deemed acceptable if the following phenomena are neither obtrusive nor bunched: totally enclosed seeds, bubbles or blisters, hairlines or blobs, fine scratches not more than 25mm long, minute embedded particles. Note – Obtrusiveness of blemishes shall be judged by looking through the glass, not at it.
VISUAL QUALITY OF MIRRORS
Mirror faults can be in the form of Spot or Linear faults.
Spot Faults consist of nucleus (solid or gaseous inclusions), deposits, crush marks etc. In certain instances spot faults are accompanied by a distortion zone called "Halo".
Linear Faults can be in the form of surface scratches of various width, length and depth.
A mirror shall be examined in areas of 500x500mm at a time. The observer is located at a distance of two metres at right angles to the area being examined. Behind the observer must be a non uniform background. The reflected image must not be optically disturbed by another mirror or window. The mirror meets the requirements if it does not exhibit optical variation outside the allowed tolerances:
Mirror < 1m2 Spot faults allowed 1 Hairline scratches < 50mm allowed 2
Mirror < 1.5m2 Spot faults allowed 2 Hairline scratches < 50mm allowed 2
Mirror > 1.5m2 Spot faults allowed 3 Hairline scratches < 50mm allowed 3
4. Delivery and Risk
4.1 All goods must be checked for damage whilst our driver is present and signed for accordingly. We are unable to accept responsibility for any damage not reported to our driver.
4.2 Whereas we will try to ensure compliance with any delivery dates given, dates are an estimate only. We will not be responsible for any loss whatsoever arising from or consequential upon delay in delivery. All dates quoted at time of sale are made in good faith and are not legally binding and whilst we always make every effort to honour them, it must be recognised that they are estimates only and consequently we cannot accept any liability or damage claims resulting from overdue deliveries.
4.3 Risk in the goods shall pass to you upon delivery.
4.4 In the event we should fail to deliver within 30 days from the expected delivery of your order ,you may cancel your order at any time after that date and any deposit paid by you will be returned in full.
4.5 Delivery drivers may not be able to take certain items upstairs or beyond your main entrance hallway dependent on the size of the goods. Arrangements should be made prior to our arrival to have goods unloaded from our vehicle by appropriate persons.
4.6 Forsyth Glazing Ltd are not responsible for any labour charges or incidental costs incurred due to faulty or incorrectly supplied goods.
4.7 The company will not accept responsibility for loss or damage to any of the customers own items returned with faulty or incorrectly supplied goods.
5. Title and Payment
5.1 We warrant that we have good title to the goods and will transfer such title as we have in the goods to you pursuant to paragraph 5.3 below.
5.2 Title to the goods comprised in the order shall not pass to you until you have paid the full price, although we reserve the right to sue for the price once payment becomes due notwithstanding that title may not have passed.
5.3 Title to the goods comprised in the order shall not pass to you until you have paid the full price, although we reserve the right to sue for the price once payment becomes due notwithstanding that title might have passed.
6. Title and Payment (Credit Account Customers Only)
6.1 Title to the goods comprised in the order shall not pass to you until you have paid the goods in full.
6.2 Interest on overdue accounts will be claimed under the Late Payment of Commercial Debts (interest) Act 1998.
6.3 Claims for shortage or non-delivery must be made to us as soon as possible after delivery or in the case of non delivery the day after the expected delivery date.
6.4 Should the Company use an outside collection agency or solicitors to collect any sums due of whatever amount, the Buyer agrees to pay all court costs and solicitors fees.
6.5 Should the buyer fail to make payment when due under any contract , the Company shall have the right in addition to any other remedy forthwith to suspend all further deliveries.
7. Price
7.1 If the rate of value added tax (VAT) increases between the date of your order and the date of delivery we will add the necessary additional amount of value added tax to the price of the goods.
7.2 If the price of the goods increases for any other reason between the date of your order and the date of delivery we will notify you of this and give you the choice of accepting the price increase or cancelling the order in which case any deposit paid by you will be refunded in full.
8. MADE TO MEASURE
8.1 As the system is made to your specifications ("Made to measure") we cannot make any refund, other than a valid warranty claim once you have accepted delivery. To make a warranty claim please first do so in writing or by email. Please return the goods to our factory, where we will make an inspection within 2 working days. Subject to this inspection, we will immediately make a refund including your actual cost to return the goods. (Please keep your invoice for the return, as proof of cost). If we believe the claim to be invalid we will advise you by email with a full explanation and, where necessary, photographs. You will of course have the opportunity to present your explanation.
8.2 If you have any other queries please first read the installation instructions. For further information please see – FAQ's. This will not affect your statutory rights.
9. PAYMENT
9.1 You can pay with any Maestro, Delta, Solo, MasterCard or Visa card. Your payment card details will be encrypted to minimise the possibility of unauthorised access or disclosure. Authority for payment must be given at the time of order. It may be necessary to re-confirm your security number for data protection reasons. Payment will be taken for out of stock items to secure stock, only if you are happy to proceed with the order and agree to wait for the product (s). We accept internet orders only through Web browsers that permit communication through Secure Socket Layer (SSL) technology. This means you cannot mistakably place an order through an unsecured connection.
9.2 Payment of the price for the Goods is due in pounds sterling.
9.3 Time for payment of the price shall be of the essence.
9.4 No payment shall be deemed to have been received until the Seller has received cleared funds.
10. Force Majeure
10.1 We shall not be liable for delay or failure to perform any of our obligations under this order if the delay or failure is caused by any circumstances beyond our reasonable control.
10.2 For the purposes of this condition, "force majeure" shall include, but not be limited to acts of God, war, terrorism, civil disorder, industrial dispute, fire or explosions.
10.3 Upon the happening of a "force majeure" event we shall be entitled to a reasonable extension of time for the performance of our obligations.
11. Guarantees
We do not provide additional guarantees.
12. Refunds
We do not offer refunds except other than a valid warranty claim.
At no time will cash ever be issued as a refund method. For customers who have initially paid by cash or cheque, our method of refund will be by company cheque. For those customers who paid by credit card a refund will be issued back by credit card.
13. Complaints
We aim to provide a high level of service. If you do have a complaint regarding the goods provided by us please contact us in writing at:
Forsyth Glazing Ltd
30 Tobago Street
Glasgow G40 2RH
Or by email to sales@forsythglazing.co.uk stating your invoice number and the nature of your complaint.
