KALGLASS LIMITED (“KALGLASS”)
(Company Number: 4345453)
TERMS AND CONDITIONS
“Balance” means the Price less any previous payments made by the Customer;
“Building Act” means the Building Act 1984 and all relevant subordinate legislation made under that Act;
“Confirmation Letter” means the letter sent to the Customer by Kalglass confirming the Price and Specification as agreed between the Customer and Kalglass on the Order Form;
“Contract” shall the meaning as defined in clause 2;
“Customer” means the customer as detailed on the Order Form;
“Order Form” means the order form overleaf;
“Price” means the price given in the Confirmation Letter, subject to any increase as contemplated in clause 3 and clause 6;
“Specification” means the specification of works; and
“Works” means the works to be done by Kalglass in accordance with the Contract.
- Application of Contract Terms These terms and conditions, the Specification, the Price, the Order Form and Confirmation Letter agreed between Kalglass and the Customer make up the entire contract (the “Contract”) between Kalglass and the Customer relating to the supply and/or erection of conservatories and other glass structures and the works relating to them. No changes, variations or additions to the Contract shall have effect unless agreed in writing by a representative of Kalglass. The Customer acknowledges their agreement to these terms and conditions by signing and returning a counterpart of the Confirmation Letter.
- Commencement of Contract The Contract is made between Kalglass and the Customer when the Customer signs the Confirmation Letter or confirms acceptance by e-mail. Kalglass shall not be obliged to commence any Works until it has received the signed Confirmation Letter from the Customer. The Price for the work shall apply for six months from the date of the Contract. After that period of time Kalglass reserves the right to increase the Price in accordance with its then current prices or the cost of raw materials in relation to work or materials making up the Contract.
- Cancellation Once entered into, the Contract may not be cancelled by either party except in the following circumstances:
- Kalglass may cancel the Contract no later than at the stage of commencement of base work if the technical surveyor’s report indicates that the Contract cannot be properly fulfilled owing to physical difficulties at the site, or the need for additional works which are not included in the Specification, providing that the Customer and Kalglass may agree any variations to the Contract which take account, to their joint satisfaction, of the unforeseen difficulties.
- Either party may cancel the Contract where planning permission or Building Regulations approval for the Works are refused or comprises conditions which do not form part of the Works or Specification or are unacceptable to the Customer.
- Either party may cancel the Contract where planning permission required for the Works are not granted within six months of commencement of the Contract or where, for any reason whatsoever, commencement of base work has not taken place within six months from the date of commencement of the Contract.
Kalglass shall be entitled to payment of its reasonable charges for the delivery or work or any part of the Works carried out prior to cancellation of the Contract. A quotation for providing a technical survey and planning permission application is available on request.
- Timing Delivery and installation times are quoted in good faith but Kalglass specifically does NOT undertake that these dates shall always be achieved and the Customer acknowledges that time is not of the essence of the Contract. The Customer shall respond promptly to any requests for information made by Kalglass.
- Payment (only for conservatory with building work) The Price for the specified contract work is agreed between the parties at the time of signing the Contract. The Customer must remit payments as follows to Kalglass or to Kalglass operatives on site:
- 5% of the Price as a non-refundable deposit on signing the Contract;
- 30% of the Price upon grant of planning permission, or approximately 4 – 5 weeks before commencing on site where no planning permission is required;
- 30% of the Price upon commencement of base work;
- 30% of the Price upon delivery on conservatory materials to site; and
- the Balance upon satisfactory completion of the Works.
It is the responsibility of the Customer to inform Kalglass in writing of any faults within 10 working days of completion of the Works upon which time a final invoice will be issued for the Balance. For the purposes of e) above, “satisfactory completion” shall be deemed to be the date of the final invoice.
Payment may be in such other proportions as agreed between Kalglass and the Customer.
Unless stated otherwise, VAT is payable in addition to the Price.
Any additional advice or materials added to the Specification will be charged for at current prices at the date of supply and payment for such additional items shall be included in the next invoice following the supply and be payable under the usual payment items.
Kalglass shall provide invoices for each payment as indicated above. Payments (b) and (e) are due within 10 working days of the date of invoice. Payments (c) and (d) are to be given to a Kalglass operative on site before work can commence. Kalglass shall have the right to claim interest on any outstanding amount at the rate of 4% above base rate of the Bank of England from the due date until the date of actual payment.
Kalglass shall be entitled to suspend work under the Contract, and shall not be responsible for any resulting delay, where any invoice under the Contract remains unpaid after the due date. Where any payment is more than 4 weeks overdue Kalglass shall be entitled to terminate the Contract forthwith by written notice to the Customer without prejudice to Kalglass’ other rights regarding non-payment.
- Customer’s Responsibilities
- The Customer shall provide to Kalglass reasonable facilities at the contract site for storing contract material safely and all facilities including the provision of basic utilities such as water ,WC and electricity to allow Kalglass to carry out the Works.
- In the case of supply of materials only, it is the Customer’s responsibility to ensure that the use of any glass is appropriate for any particular application and that such application complies with all relevant national legislation standards, codes of practise and other requirements, particularly in respect of the use of safety glass where appropriate.
- The Customer must arrange for the repair or replacement of any part of the site found to be defective during the course of carrying out the Works, where such repair or replacement is necessary for the proper performance of the Contract (unless such work is already included in the Contract) and Kalglass shall not be responsible for any delay caused by the need for such work to be performed. Kalglass shall not be obliged to perform such work unless it is agreed between the parties as a proper variation to the Contract.
- The Customer shall arrange for the removal of any fixtures and fittings (e.g. carpets, radiators, pipes, cables, etc.) which require to be moved for the Works to be performed and shall be responsible for reinstating them after completion of the Works, except where previously agreed in writing.
- The Customer shall cover any loss or damage caused to Kalglass, its employees or property where such damage arises from the negligence of the Customer or a third party employed by the Customer.
- In the case of structures manufactured in wood, it is the responsibility of the Customer to maintain the wood by painting with suitable paint or wood preservative every 2 – 3 years.
- Planning Permission and Building Regulations The Customer is responsible for determining whether planning permission is required for the proposed Works unless the Customer specifically requests Kalglass to handle such enquiries prior to the signing of the Contract. Where the authority make substantial requests for information or require attendance at any hearing, such matters will be dealt with by the Customer or, at the Customer’s request, to be dealt with by Kalglass at additional cost to be agreed by the Customer.
- Risk to Title to Goods
- Risk to materials and goods delivered to the Customer’s premises passes to the Customer on delivery. At least 24 hours notice of delivery will be given and Customers should give Kalglass any particular instructions concerning where to put deliveries as any loss or damage after delivery will be borne by the Customer.
- Warranties, Guarantees and Limitations of Liability The full description of the Works is contained in the Contract and the Customer acknowledges that it is not entitled to rely on any representation, warranty or verbal description given by any employee or agent of Kalglass whether before or after commencement of the Contract unless the same is reduced to writing and incorporated in the Contract in accordance with these terms. The Customer should note that all samples, photographs, brochures, drawings and descriptions used in connection with the products of Kalglass are given by way of example only and may not be reproduced exactly by the Works. In accordance with Kalglass’ policy of continuous improvement to its products, it reserves the right to make any necessary or desirable modifications to any sample product, and the only binding obligation of Kalglass is to perform in accordance with the Specification.
Kalglass warrants that it will perform the Works with reasonable care and skill. PVCu windows and door frames are guaranteed against any failure in welded joints and distortion in accordance with system supplier’s recommendations for a period of not longer than 10 years from the completion date.
Kalglass makes glass sealed units to the specifications of the Glass & Glazing Federation. Glass sealed units manufactured and installed by Kalglass are guaranteed After the completion of the Contract for the failure of hermetical seals (i.e. misting between panes). for a period no longer than 10 years for UPVC or Aluminium frames ,5 years for timber frames. Installations of sealed units by Kalglass employees are carried out according to the approved methods of the Glass & Glazing Federation. This guarantee does not cover for breakage of glass after the installation is complete. Units installed by others are guaranteed for 5 years if glazed in accordance with GGF specifications.
All hardware, furniture and moving parts carry a 1 year manufacturers guarantee
Customers should note that the benefit of any guarantee under this Contract is not given until payment in full is received by Kalglass, and the period of any guarantee given shall be reduced by any period during which payment has been overdue and unpaid. This does not affect the Customer’s statutory rights.
Customers should note that the guarantees given by Kalglass in this Contract do not cover breakages, accidental damage, faults caused by work which does not form part of this Contract (whether performed in relation to the installation of the glass structure or otherwise), compliance by Kalglass with any direct instructions from Customer or any person authorised by the Customer that is not in accordance with the Specification and any damage resulting from the Customer’s misuse of or failure to maintain the glass structure or any part thereof in accordance with normal maintenance procedures.
If any of the Works do not conform to the Specification, Kalglass shall at its option repair or replace any of the Works (or the defective part or parts). However, if the non-compliance with the Specification is as a result of any direct instructions from the Customer or any person authorised by the Customer, then the Customer shall take the risk for such non-compliance and Kalglass shall not be obligated to repair or replace such non-compliance.
Kalglass will use all reasonable efforts to cause a minimum of disturbance to the Customer’s existing property (including garden) but shall not be responsible for any damage caused as a result of the proper installation of the conservatory or other glass structure, and in particular shall not be required as part of the Works to make good any such damage. Kalglass will use reasonable endeavours to select from its existing range of products and materials which match any interior or exterior finish or materials on the Customer’s property but owing to natural variations in colours and different product batches Kalglass does NOT guarantee an exact match with such existing items or Kalglass’ samples.
All defects in materials or services applied by Kalglass must be reported by the Customer within 14 days of the failure becoming apparent to the Customer. Kalglass shall, in its discretion, repair or replace any faulty material and shall re-perform any faulty work and make good any directly associated damage promptly on receipt of notification of the defect from the Customer, and this shall be the full extent of Kalglass’ responsibility by the Customer in respect of such defects, and in particular Kalglass shall not be liable for the effects of delay in re-supplying faulty goods.
For supply only contracts, the only responsibility of Kalglass is to provide the contract materials specified together with, where applicable, Kalglass’ standard installation/erection instructions. Kalglass expressly excludes liability for damage to contract goods, to the Customer or any of its property or to any third party which arises during the use or installation of such materials other than in accordance with Kalglass’ instructions. Kalglass reserves the right to charge at its current standard rates for advice or assistance in construction work on supply only contracts.
All conditions, warranties and terms whatsoever, other than those given expressly herein, relating to the Works or contract services whether express or implied by stature, common law or howsoever are excluded from any contract to which these conditions apply. Kalglass’ entire and maximum liability to the Customer in respect of any claim, howsoever arising, under this Contract shall be limited to £20,000 and the Customer’s attention is specifically drawn to the possibility that it may need to contact its insurers to give details of the works proposed under this Contract to ensure continuity of insurance cover under the Customer’s existing policy.
Except as stated above, Kalglass shall not be liable for any loss, damage or expense howsoever caused relating to materials or services supplied under the Contract and in particular Kalglass shall not be liable for any special, indirect or consequential loss or damage whatsoever (whether caused by the negligence of Kalglass or otherwise) which arises out of or in connection with materials or services supplied under this Contract.
Advice should be sought before attempting to attach fixtures and fittings to or around products supplied. Unless agreed in writing by Kalglass, Kalglass must carry out any repairs or alterations to the products supplied.
All guarantees are given in good faith. However, if it is deemed after a visit from a Kalglass representative that our product has been misused, tampered with or damaged in any way, we will render the guarantee null and void. In such instances any remedial work is to be carried out at a pre-arranged fee, which shall be payable before any work commences. Any failure of materials under the terms of this guarantee will be repaired or replaced at the sole discretion of Kalglass.
11) Unforeseeable Event. Kalglass will make every effort to carry out the contract within the agreed time limits, but cannot be held responsible for delays caused by events beyond its control.
12)Governing Law This Contract shall be governed by and construed in accordance with the laws of England.
13)Severance If any provision of this Contract is held by any court or other competent authority to be void or unenforceable in whole or in part, the other provisions of this Contract and the remainder of the affected provisions shall continue to be valid.