© 2014 Bespoke Glass Online. Simply Glazing Ltd Trading as Bespoke Glass
Online. Company Number 08728807. VAT Number 175622204
Artisan Yard, Old
Track, Claude Avenue, Bath, BA2 1AF1 General
a) “We‟, “Our” and “Us”
means Bespoke Glass Online. “You‟ and “Your” mean you the purchaser, the
person, firm or company to whom the quotation, invoice, delivery note,
application for payment or acknowledgement of order is addressed The
“Quotation‟ means the quotation given to You and the “Goods‟ means the goods
the subject of the quotation, delivery note, invoice, applications for
payment, acknowledgement of order, respectively. “Contract‟ means the
contract for the sale of the Goods as set out in the quotation, invoice
delivery note, acknowledgement of order and these conditions and any other
documents signed by the parties and expressly stated to form part of the
b) If the whole or any one or more provisions of the Contract
would be deemed unreasonable pursuant to the Unfair Contract Terms Act 1977
or unfair pursuant to the Unfair Terms In consumer Contracts regulations
1994 such provision shall not apply to the extent that they would thereby be
unenforceable, the remainder of the Contract shall remain in full force.
c) If the whole or any part of any one or more provisions of the Contract
are invalid or unenforceable at law, all the other provisions of the
Contract shall remain in full force and effect.
d) No variation of the
Contract shall be effective unless it is in writing, signed by Us and
expressly stated to be a variation of the Contract.
e) Any notice given
in connection with the Contract may be sent by hand or by registered post or
by recorded delivery service transmitted by facsimile resulting in the
receipt of a written communication. Any notice so sent or transmitted to the
address of the party shown in the Contract or such other address as such
party may by written notice to the other half substitute therefore shall be
deemed validly and effectively given on the day when, in the ordinary course
of the means of transmission, it would first be received by the addressee in
normal business hours at the place of receipt.
f) Quotations and tenders
do not constitute offers and We may withdraw or amend them at any time
before they are accepted. If We withdraw a quotation or tender We shall do
so in writing. All quotations and tenders are automatically withdrawn on the
90th day after their date without requirement of notification in writing.
g) We may charge You an extra sum for any site visits and abortive or
excessive numbers of tenders prepared.
h) The parties intend that We
should be able to enforce the Contract subject to and in accordance with the
provisions of the Contracts (Rights of Third Parties) Act 1999.
i) It is
Your responsibility to check Our written acceptance that the order is
correct. Any discrepancy between Your order and Our acceptance must be
notified to Us immediately i.e. before accepting delivery. If you accept and
sign for any goods then it is taken that you have accepted the condition and
quality of the product and cannot subsequently find fault in the product /
products. In the absence of such notification We shall be entitled to
supply Goods on the basis of implied acceptance and You shall therefore be obliged to
pay the agreed contract price thereof.
j) We reserve the right to make
any alteration in the specification or design of any Goods without notice
and to deliver Goods conforming to the altered specification or design in
fulfilment of any order for Goods provided that the Goods delivered are
suitable for general use or for such specific purpose of which You have
given written notice to Us.
k) Quality of Glass Supplied and Disputes -
We will endeavour to supply glass finished to a good general standard and to within an acceptable tolerance of + - 3
mm / lm. Please note that glass with unpolished edges is not recommended for applications where the glass edges are to be visible. This is because the edges
can be uneven and shelled by as much 2 – 5 mm into the face of the glass. They should be safe to touch but not very attractive. In the event of any dispute
regarding the quality of our glass, late delivery or any other aspect of our service we will endeavour to amicably resolve such issues but reserve the right to end
discussions in the event of unreasonable requests or complaints that are deemed unreasonable by ourselves. Given the fragile nature of glass and issues that
can arise during the usage / life of glass products, Bespoke Glass Online does not accept any responsibility or liability for any consequential losses incurred
because of the use of any products supplied by Bespoke Glass Online even though the product may be deemed defective. In the event of agreed replacement
of products supplied by Bespoke Glass Online any costs of reinstallation, or costs incurred by the client due to the replacement, shall not be covered by
Bespoke Glass Online. As glass is Fragile, readily breaks and is easily damaged, Bespoke Glass does not accept any responsibility for issues that occur once
the product has been accepted by the client.
l) Delivery and production timescales. We try and be as honest as possible to our customers in
reference to our production and delivery timescale predictions which
generally are covered by 7 to 21 working days for most orders depending on
the specification of the order. Customers however, should be aware that
these timescales can only ever be predictions given the delicate nature of
glass, which can often break or get damaged thereby completely changing the
orders production schedule. Also the process of toughened glass production
involves large complicated machines that can break down without prior notice
and therefore add potential delays to production. In addition transport has
to be organised on the UK's busy roads and this can often lead to
Many companies make wild promises knowing full well
that they may very well not be able to fulfil the promised timescales. We
however, prefer to make it clear that timescales are our best guess and that
customers should be aware that they are a prediction rather than a solid
fact. In general we have found this honest approach gives better customer
satisfaction and in most cases our production / delivery falls within our
specified predictions.2 The Price And The Payment
a) All prices are exclusive of VAT and unless specifically stated
are based upon costs current at the date of the quotation. Additional
charges will be made in respect of all increases in the cost of labour,
materials plant, and overheads occurring after the date of the Quotation at
the complete discretion of Us.
b) Each consignment of Goods will be
invoiced separately and payment against invoices must be made in full on the
last day of the month following the month of issue.
c) Without prejudice
to the conditions hereof, if You wish to raise any queries concerning an
invoice rendered by Us to You, You must provide a written query to the Our
credit control within seven days of the date of the invoice.
d) If the
You fail to give notice in accordance with 2(c) above concerning an invoice
rendered by Us to You then the You will be bound to accept and pay the
e) If for any reason You are unable to accept
delivery when due, the Goods will be invoiced and payment will fall due in
full on the last day of the month following that in which the Goods are
ready and due for delivery. In such cases We will, if facilities permit,
store the Goods at Your risk until delivery and reserve the right to make
additional charges for such storage and any extra handling and
transportation. This clause shall not affect any rights We may have against
you for failure to accept delivery. This clause does not create any
obligation for Us to store any Goods if You are unable to accept delivery.
f) If You fail to make any payment when due We may, at Our option and
without prejudice to any other rights or remedies which We may have under
the Contract or otherwise, suspend further deliveries until payment is made,
or terminate the contract. We will be entitled to charge interest on the
outstanding balance of all overdue monies from the time of the default to
the time of payment, calculated on a daily basis at a rate of 2% per month.
g) At Our option all glass will be measured and charged in accordance with
the principle of the Standard Method of Measurement except where made or
processed at the factory to special sizes, which are subject to minimum size
charges detailed in any of our tariffs or Quotations. Ovals, circles or
regular shapes will be charged the full size of the rectangular pane from
which they are cut. Where more than one pane of any size is to be invoiced,
the area for the pane will be calculated and rounded up to two decimal
places of a square metre, and this will be multiplied by the number of
panes. Imported glass supplied may be measured and charged for in accordance
with the rules or custom and practice of the country from which the glass is
h) You may not withhold payment of any invoice or other amount
due to Us by reason of any right of set off or counterclaim which You may
have or allege to have for any reason.
i) Price Match Guarantee - We normally offer a price match guarantee based on
endeavouring to match the price of legitimate competitors at the point of sale
if customers present proof of price from the competitor. We do however,
reserve the right to refuse this guarantee if the pricing is beyond what we
think is reasonable. Also this guarantee cannot be applied retrospectively.
3 Your Obligation To Us
loading, handling, working or carrying of Your own materials shall be
entirely at Your risk. You are responsible for the loading and unloading of
the Goods and also for any damage to the Goods during loading and unloading,
howsoever caused If You wish the Goods to comply with any specification, You
must notify Us of these requirements in writing and any such specification
must be agreed by Us in writing, prior to us entering into the Contract. You
shall not assign the benefit of this Contract without our prior written
consent. November 2011
b) By accepting the Quotation, You warrant that
the use of the Goods is appropriate to the intended application and their
use complies with all local and national legislation, building regulations,
standards, codes of practice and any other requirements particularly but
without limitation the safety section of BS6262 1982 British Standard Code
Of Practice for glazing for Building Regulations 1991 document N [and any
regulations or codes of practice amending, superseding or in addition to the
same] copies of which are available for inspection at Our offices.
agree to indemnify Us for all injury, loss or damage occurring to any person
or property and against all actions, demands, expenses or charges made in
connection with the Contract arising from the use of the Goods where the use
of the Goods results in injury damage or loss due directly or indirectly to
the carelessness or negligence of You or Your servants or agents or to any
breach by You of Your obligations to Us under the Contract.4 Delivery
a) Please note all deliveries are via our curbside one man and a van service.
Due to this service, clients are expected to provide appropriate assistance to
allow the product to be safely offloaded from the delivery vehicle.
The driver and Bespoke Glass are only covered by insurance to the point of offloading.
Any moving of the product from the delivery vehicle to any location requested by the
client is only ever undertaken at the complete accepted risk of the client.
This includes any damage to the product or damage or injury caused by the product or
by the act of moving / delivering the product.
Times or dates for despatch or delivery of Goods or for completion of any
works to be carried out by us are only estimates and shall not be binding
upon Us either as a term of the Contract or otherwise. In no circumstance
shall We be liable for any loss or damage sustained by You in consequence of
Our failure to deliver, start or complete within such time or in consequence
of any delay in delivery however caused. Time for delivery shall not be of
b) Notwithstanding Clause 6 when the Goods are delivered by
Us, risk shall pass to You on delivery. In all other cases risk shall pass
to You on despatch.
c) Where delivery is to be made by instalments each
such delivery is deemed to be of a separate Contract and any failure by Us
in respect of any one delivery shall not entitle You to repudiate the
Contract or any further instalments to be delivered there under.
Without prejudice to any other provisions of the Contract You shall not have
the right to reject any item of Goods if You: (i) ask Us to repair the same
or consent for Us to do so (ii) resell such item.
e). In addition to all of the above especially item 3 (a). Please note that Bespoke Glass operate a curb side delivery service only. I.E. The responsibility of
Bespoke Glass ends when the client offloads the glass from our delivery vehicles. Any assistance that is requested by clients of our delivery personnel is
entirely at the risk of the client / person receiving the delivery. 5 Your Rights and Our
a) You agree to inspect the Goods immediately upon delivery or
collection and any defective Goods must be returned immediately in the same condition as they were supplied.
Immediately generally means on delivery one should not accept and sign for
any product unless satisfied with it's quality / condition. No condition is made nor is any
warranty given or to be implemented as to the life or wear of the Goods
supplied or that unless the Goods are sold by a specification in accordance
with clause 3[b] they will be suitable for any purpose or for the use under
any specific conditions notwithstanding that such purpose condition may be
known or made known to Us.
b) The supply of Goods hereunder shall not
confer any right upon You to use any of our trademarks without Our prior
written consent and at all times such trademarks shall remain Our property.
Nor does it imply any right to use any patent which We may have or any
indemnity against infringement of the right of third parties.
c) In the
event of such a cancellation You will be obliged to pay a restocking and
handling charge for the Goods and any administration costs involved in full.
d) If You commit any breach of these terms and conditions or become
insolvent or commit an act of bankruptcy or if a Receiver or Administrative
Receiver is appointed over any part of Your business or property, then We
may defer or cancel any further deliveries and treat the Contract of which
these conditions form part as having been repudiated by You, but without
prejudice to any of Our other rights and remedies hereunder.
failure by Us whether by way of indulgence or otherwise to enforce Our
rights hereunder shall operate as a waiver of any of Our rights.
shall not be liable for any special, consequential or indirect loss suffered
by You whether this loss arises from breach of contract or tort or in any
way including but not limited to loss arising from Our negligence ,
consequential, special or indirect loss shall include but shall not be
limited to loss of profits, business, goodwill, contracts, revenues or
anticipated savings. Our total liability for any one claim or for the
total of all claims arising from any one act or default by Us
whether arising from our negligence or otherwise shall not exceed the price
of the Goods.
g) Unless otherwise specifically agreed in writing by Us
the Goods are supplied only on these conditions and no variation from or
addition thereto whether contained in any document emanating from You or
made orally by any person acting or purporting to act on Our behalf shall
have effect unless it is in writing signed by a person duly authorised on
Our behalf. Should any of these Conditions conflict with any conditions
stated in Your order or other contractual documentation these conditions
shall prevail. The giving by Yourselves of any delivery instructions for the
Goods or any part thereof or the acceptance by You of delivery of the Goods
or any part thereof or any document by You in confirmation of the
transaction set out on the basis hereof, after receipt by you of this
document shall constitute unqualified acceptance by You of these Conditions
h) Nothing in these terms and conditions exclude or restrict Our liability
for death or personal injury resulting from Our negligence or Our liability
for fraudulent misrepresentation.6 Retention Of Title
a) The title to
the Goods shall remain with Us until You pay the price of the Goods in full
and any other sums outstanding between You and Us whether in respect of the
contract or otherwise
b) Until title passes:-
(i) You shall hold the
Goods as Our fiduciary agent and Bailee
(ii) The Goods shall be stored
separately from any other goods and You shall not interfere with any
identification marks labels batch numbers or serial numbers on the Goods
(iii) We agree that You may use or agree to sell the Goods as principal and
not as Our agents in the ordinary course of Your business subject to the
following express conditions:-
a) that You notify Your customer that We
remain the legal owner of the Goods until We receive payment in accordance
with Clause 6 a and We reserve the right to label the Goods accordingly
b) that You will at Our request and at Your expense assign to Us all rights
You may have against Your Customer; and
c) that Your right to use or sell
the Goods may be withdrawn by Us on notice at any time and will
automatically cease in the event of Your becoming Insolvent.7 Applicable
These conditions shall be considered as a Contract made in England
and shall be governed in all respects by the Law of England and the parties
agree to submit to the jurisdiction of the Courts of England.
a) We will not be liable for any failure to deliver the Goods
arising from circumstances outside Our control which shall be deemed to
include but shall not be limited to war, riot, civil commotion, fire,
earthquake obstruction of private or public road or highway, acts of God,
exceptional weather, strikes, lock-outs or any other form of industrial
action, shortages of labour or materials and delay in delivery of materials
by suppliers or sub-contractors.
b) If We are prevented from delivering
the Goods in circumstances outside Our control We shall give You written
notice of this fact as soon as reasonably practical after discovering the
c) If the circumstances preventing Our delivery of the Goods are
still continuing three months after You receive Our notice as referred to in
[b] above either party may give written notice to the other terminating the
d) If the Contract is terminated in the manner set out in [c]
above We shall refund any payment which You have already made on account of
the price of the Goods not delivered, subject to deduction by Us of any amount We are entitled to claim from You. We shall not be
liable to compensate You for any further loss or damage caused by Our
failure to deliver the Goods.9 Where Fixing Is Carried Out By Us
The following additional clauses shall apply where the Goods are to be fixed
on site or at Your premises by Us.
b) The Work means the supplying and
fixing of the Goods by Us and the Order means the acceptance by You in
whatever form of Our quotation.
c) The Work will be performed during our
normal working hours, or if out of hours work is required this must be
subject to the Contract and agreed in writing prior to the parties executing
the Contract when additional costs will be incurred that You will be liable
d) In the event that We have accepted an order for glazing and
fixing Goods supplied by others this shall be done at Your risk in all
respects and no liability for loss or damage attributable to defects in such
Goods will be accepted by Us
e) Where We have prepared working drawings
such drawings shall be approved by You or those acting on Your behalf and We
shall not be liable in respect of Work shown thereon which has or is to be
carried out by persons other than Us.
f) The Work shall be executed
within the period of time stated in the Quotation or in accordance with a
programme of work to be agreed in writing with the proviso that any dates
stated in the Quotation or such programme shall be subject to confirmation
after all work sizes and measurements have been taken and agreed in writing,
but in any such an event such dates shall be estimates only. We shall not be
liable for any loss You suffer whatsoever should We be unable to meet the
deadlines provided to You. We shall be afforded proper access to site to
enable working sizes and measurements to be taken. Any alterations or
deviation from this programme shall thereafter only be made by mutual
agreement and in writing. A fair and reasonable extension of time to the
period stated in the Quotation or to the agreed programme shall be made by
You in the event of Us suffering delays caused by war, riot, civil
commotion, fire, earthquake, obstruction of private or public road or
highway, force majeure, acts of God, exceptional weather, strikes, lock-out
or any other form of industrial action, shortages of labour or materials,
delay in delivery of materials by suppliers, or sub-contractors or any other
unforeseen circumstance beyond Our reasonable control. Time is not of the
essence for any installation carried out by Us under the Contract.
must give the minimum period of notice stated in the Quotation in writing
before We are obliged to commence Work on site. Free and adequate access to
the site shall be provided by You at all times. Hard standings and approach
roads suitable for Our vehicles shall be available to allow for the handling
of materials and a suitable area for storage of materials. Any hutting which
may be required shall be made available within close proximity to the place
at which the Work is to be executed.
h) Unless specifically stated prices
quoted do not provide for making templates for shaped or bent plates and
should any of these be required reasonable additional charges will be made.
i) Where glass is stored other than by facepointing all beads, fixing screws
and other such items required must be provided by You free of charge.
If areas of framework and or glass are omitted to allow access by other
trades or for the purpose of lying scaffolding and such Work is then
required to be executed at a later date this shall be subject to a fair and
reasonable extension of time and an additional charge.
k) If the work of
proceeding trades is found to be outside the agreed intolerances indicated
on the approved drawings it may at Our option be corrected to within the
limits of the agreed tolerances and any delay in so doing shall be the
subject of a fair and reasonable extension of time and any resultant cost
shall be charged to You.
l) Glass or any material salvaged during the
course of the Work is deemed to be Our property.
m) You shall supply,
erect, adjust and dismantle at no cost to Us all scaffolding to comply with
statutory requirements, boarded out levels to suite Our requirements and
acceptable as being suitable and safe for our Work to be performed and so
also suitable lifting gear as deemed necessary by Us. Scaffolding as
referred to herein is rigid scaffolding and in the event that towers,
cradles or other forms of mobile scaffolding are provided, We reserve the
right to amend and or to make an extra charge.
n) Where necessary,
materials shall without any consequent charge or risk to Us be hoisted by
You to the appropriate level and stacked not more than ten meters from the
position in which they are to be incorporated in the Works.
o) You shall
provide on site at no charge to Us all equipment and facilities to enable Us
to fulfil the requirements of the Health and Safety at Work Etc Act 1974,
associated regulations and where applicable the Construction, Design and
Management Regulations 2007.
p) There will be provided by You at no
charge 110 volt power at such points as may be requested not more than ten
metres from the working area such supply to be in full accordance with any
q) No allowance has been made in the Quotation in
respect of any item of builders work which may be required including but not
limited to cutting of chases, marking out, drilling holes, making good,
setting and lining of fixing bolts and the like and where shown on the
drawings the provision of continuous timber grounds set to level for sill
and or jamb members shall be executed by You at no charge to Us in such a
manner and time so as to in no way disrupt the regular progress of the
r) Our liability for damage or breakage from whatever cause shall
cease when the glass is glazed or when the Goods have been fixed in position
s) No provision has been made in the quotation for cleaning glass and frames
or removal of protective coatings any such work shall be executed by You at
no charge to Us in such a manner and time so as to in no way disrupt the
regular process of the Works.
t) Our insurance in respect of public
liability and third party liability indemnify You or Your agent against any
claims arising from damage to the premises at which We are working and or to
any person or persons within or adjacent to those premises provided that
such injury is due to proved negligence on Our part or on the part of Our
employees. Save as provided in this paragraph 9(r) above We have no
obligations to indemnify or to insure. You will be responsible for insuring
in our joint names against loss and damage by fire, lightning, explosion,
storm, tempest, flooding, bursting, or overflowing of water tanks, apparatus
and pipes, earthquake, aircraft and other aerial devices or articles dropped
thereon. Riot and civil commotion all Work executed and all unfixed
materials and Goods delivered to or placed on or adjacent to the site or
your premises and shall retain such insurance until practical completion of
the Work. Should You fail to obtain such insurance then We are entitled to
take such insurance out on behalf of the parties, We shall thereafter be
entitled to recover all costs of taking such action from You.
u) In the
event of such loss or damage as set out at 9(t) above, We will reinstate or
make good such loss or damage and carry out and complete the Work.
Reinstallment and making good of such loss or damage shall be deemed to be a
variation under paragraph[s] below
v) You can vary the design quality and
quantity of the Work subject to Our agreement on an adjustment acceptable to
Us, to the price payable and the period for completion of the Work and any
form of the Contract of which these conditions form part which We may
consider relevant. The giving of Our agreement to any variation is at
10 You will be responsible for the removal of all
rubbish arising from the execution of the Work at no cost to Us unless
otherwise agreed in writing. Unless otherwise agreed in writing between Us
payment for the Work shall be made in accordance with the following terms:-
(i) Regular monthly stage payments shall be paid by You to Us, the first
such payment being due on the last day of the month following that in which
the Goods are invoiced.
(ii) Each such stage payment shall comprise the
total value of Work executed and materials and Goods delivered to site for
use thereon by Us prior to the date of such stage payment together with any
other amounts then due less the aggregate amount of any previous stage
payments and any agreed retention but subject to no other deductions
(iii) In respect of any materials or Goods which through no
fault on Our part are required to be held in store the value of the same
together with any charges for storage or rehandling shall be included in
such monthly stage payment. If You fail to make any payment when due We may
at Our option and without prejudice to any other rights under the Contract
suspend further Works until such payment is made or terminate the Contract
We shall be entitled to charge in full with all interest where applicable
interest on the outstanding balance of all overdue accounts from the time of
default to the time of payment calculated on a daily basis at an interest
rate of 2% per month.