TERMS AND CONDITIONS
1. Definitions of terms
1.1. The “Company” is Hawkins Enterprise Limited T/as Interglaze Workspace.
1.2. The “Customer” is You meaning the person, firm or company through their employees or agents seeking to purchase goods from us.
1.3. “Company signatory” means a manager employed by us the company Interglaze Workspace.
1.4. “Terms” means these terms agreed in writing between a Company signatory and You.
2. Contract
2.1 All orders are accepted by us only under these Terms which may not be altered except with written agreement of a Company signatory.
2.2 The estimate does not constitute an offer. The Company may withdraw it in writing or amend it at any time prior to order acceptance. All quotations are automatically withdrawn after period of 90 days without requirement of notification in writing.
2.3 It is conditional on acceptance of the estimate that all glass / materials quoted therein be supplied by the company.
2.4 The Company is not liable for misinterpretation, (including any verbal or written statement) in any estimate by the Company. It is the Customers’ responsibility to ensure the company’s product is suitable and fit for purpose.
2.5 Company estimates (written or verbal) are prepared based on information provided by the Customer and should be checked for accuracy and suitability before placing the order.
2.6 The Company reserves the right to make changes to the product specification to conform to statuary requirements without notice.
2.7 We reserve the right to charge You an extra costs for any abortive site visits
2.8 Materials delivered to site or placed on order and being manufactured will be charged at the agreed rate. The Company is not liable for any losses thereby incurred. The Company reserves the right to enforce terms and conditions in accordance with the provisions of the contract (rights of the Third Parties Act 1999).
3. Price
3.1. All Prices (verbal and written) are exclusive of VAT. Rates of Tax to be applied as dictated by HM Customs and Excise.
3.2. The Company reserves the right to apply additional charges should the works not conform to the continual build or quantity assumption made at the estimating stage.
3.3. There may be a delivery charge applied for each order.
3.4. The estimate is open for acceptance for 60 days from the date of issue. Acceptance must be in writing, unless otherwise agreed by a Company signatory.
3.5. All costs should be regarded as a budget until a full site survey has been undertaken, allowing an accurate estimate to be issued by the Company.
3.6. If any variations to an order are required after our site survey, a separate quotation will be produced and will require an official instruction. There may be a surcharge levied on all variations and additions.
3.7. Following survey any glass that needs to be supplied “raked” will attract an extra cost of 30% over and above the standard quoted price.
4. Quality
4.1. We warrant that for a period of 12 months from date of installation the Goods will be:
4.2i. Free from material defects in design, materials and workmanship.
4.2ii. Be of satisfactory quality within the meaning of the Sales of Goods Act 1979.
4.3. We will not be liable for breach of warranty if You alter or repair Goods without our written consent or the defect arises through wilful damage or Your neglect.
4.4. Where we are not the manufacturer of the Goods, We will endeavour to transfer to You the benefit of any warranty or guarantee given to Us.
4.5. All Colours are manufactured to the industry tolerance standard and the Company cannot be held liable for mis-match due to colour degradation
5. Site Requirements
5.1. The site access is suitable for the company’s product and that there will be a suitable goods lift available to transport the glass and associated materials to the upper floors. If there is not a suitable goods lift available, the estimate may be subject to additional manual lifting surcharges.
5.2. Surcharges may also be applicable in circumstances where the glass is manually hoisted and/or transported long distances to and from the goods lift and where the path is obstructed and has deviations.
5.3. The site is ready at the agreed time for the for installation to commence.
5.4. All works will be carried out during normal working hours from 7.30am to 3.30pm, unless otherwise agreed. Extra costs for non-agreed out of hours working may be charged.
5.5. The glass installation cannot take place until the site is free of all wet & dusty trades and any adjacent works are completed. The Company cannot be held liable for subsequent delays in completion. It is also the customers responsibility to ensure that the area is free from dust prior to manifestation being applied
5.6. Adequate lighting, heating and power supplies are to be provided by the Customer.
5.7. The Company take no responsibility for damage to flooring during the cutting in of floor spring boxes into the finished floor surface regardless of surface finish whether a raised access floor or concrete floor with carpets, timber, ceramic, marble or other finishes.
5.8. The Customer is responsible for protecting the installation until the overall fitout installation is complete and should allow for a final clean after removal of such protection. It is an implied term that the Company will work with reasonable care with regards to other trades materials and areas of work. The Company will clean the glass after installation
5.9. We leave the site cleared once we have completed our works, but dust may settle thereafter. Where a Customer requires further site cleaning a surcharge will be levied.
5.10. To establish defects or imperfections, toughened and laminated glass should be viewed at 90 degrees, not less than 3 metres away in natural daylight and not in direct sunlight, as stipulated in the Glass & Glazing Federation (GGF) Guidelines for internal glazed partitions. Guide to Consumers Reference 30.4 Sept 2014
5.11. A sign off form will be produced that will require Customer or their agent to sign off the installation works giving practical completion. If no sign off is received within 48 Hours of completion it will be assumed as acceptance of work carried out.
5.12. In the event of site conditions or programme of works changing from the acceptance of order, the Company retains the right to make additional charges where applicable
5.13. At enquiry stage the company will assume that the customer will have informed us of the presence of or risk of any asbestos in any part of the premises and that the customer will have given the company sight of any asbestos register so that the appropriate risk assessments can be carried out.
5.14. The company advise that it is the responsibility of the customer to establish the loadbearing capacity of any floor or overhead structures onto which any equipment used, or any installation of materials will take place. The company will not make allowance in any quote for any such investigation.
5.15. For an installation to take place the customer must ensure that the area is clear of obstructions on the walls, floors and ceilings unless prior agreement during survey. These obstructions include: lighting, sprinklers, air-conditioning units, electrical sockets, cables (concealed or otherwise) heaters, radiators, smoke detectors, data sockets, fire and intruder alarms, thermostats etc or any other obstruction that could preclude the safe and clear installation. Any obstructions not moved prior to works being carried out may result in an aborted install cost.
6. Delivery
6.1. A delivery charge will be made subject to rates prevailing. The Company reserves the right for re-deliveries where applicable.
6.2. Congestion charges and Toll charges may be passed to the contractor where applicable.
6.3. Liability for safe offloading and storage of materials both fixed and unfixed is the customers responsibility.
6.4. Delivery times & dates are provided in good faith and do not constitute a precondition and principle of supply. The Company cannot be held liable for any loss or incidental costs thereby incurred by the customer.
7. Risk
7.1. Upon delivery and installation all risk is passed to the customers whose responsibility it is to ensure that all goods are fully insured against theft, damage and other normal insurance risks to the full replacement cost.
7.2. There is a small risk that Toughened Glass can catastrophically fail due to Nickel Sulphide inclusions and other contaminates. Heat soaking as part of the production process exposes this type of imperfection but does not eradicate the issue fully. We make you aware of this and advise that the Company takes no responsibility for any costs incurred by you the customer or others if spontaneous breakage occurs.
8. Completion and remedial works
8.1. Generic Risk Assessment & Method Statements (RAMS) are available on request. If required these will be prepared prior to installation. Site specific RAMS can be provided, but the Company will require up to 7 days’ notice to prepare and submit (and additional charges may be applied)
8.2. Non-standard glass may be subject to extended delivery which will be highlighted at time of estimate.
8.3. All snagging will be started within 7 working days of written notification of such requirements by the Customer.
8.4. The Company will require notification of any such remedial works within 5 days of the completed installation.
8.5. Once the defects liability period has been achieved (12 months) any remedial works will be deemed to be an addition and therefore subject to a surcharge.
8.6. The Company guarantees its products and services for a period of 12 months after practical completion.
9. Payment
9.1. Payment terms 50% deposit due on placement of order with balance paid on practical completion of installation.
9.2. All payments against invoices are subject to terms and conditions as agreed with the Customer at time of order.
9.3. In the event that the Customer fails to pay the outstanding invoice balance by the due date payable (without written notification from a Company signatory) this will be deemed as a breach of contract.
9.4. All goods remain the property of Hawkins Enterprise Limited – Interglaze Workspace until payment is received in full.
9.5. The Company reserves the right (without prejudice) to pursue the following: -
9.5i. Charge interest of 8% above the Bank of England base rate applicable on any outstanding balances due.
9.5ii. Suspend or cancel any future deliveries or installation without liability.
10. Force Majeure
10.1. The Company is not to be held financially liable for acts of God, Riot, Civil Disobedience, War, Terrorist Attacks or any material failure deemed to be out of the Companies control