1. In these conditions of sale, “The Company” means Vision Trade Frames Ltd, whose office is at Bamburgh House, Cuthbert Bank Road, Sheffield S6 2HP. “The Customer” means the person, firm or company from whom an order is accepted by the company. “Goods” means products or services which are subject of such an order be it placed in person or in in writing, including fax and email.
2. These terms shall become binding on the customer and the company when:
2.1 The company issues the customer with a written order confirmation, following the customers’ acceptance of these terms and the company’s quote in relation to the services, or;
2.2 The company receive a deposit from the customer or;
2.3 The company notify the customer that the company are able to provide the services, whichever is the earlier, at which point a contract shall come into existence between the customer and the company.
3. Orders are individually manufactured and any goods not used in their intended location in the customer’s premises cannot be credited against the contract price.
4. All prices are subject to VAT at the current rate at the time of invoicing.
5. For any order to be placed, a 25% deposit is payable by the customer to the company. Orders will not be placed without this deposit. For domestic customers, a further 70% becomes payable on completion of the order and the remaining 5% balance upon installation. For trade customers the remaining 75% is payable upon delivery or collection. Payment is to be made to the installer or delivery driver in cash or by cheque made payable to the company, or via bank transfer directly to the company via telephone or in person. Any outstanding balances not paid in full by the customer on the date of the installation or delivery will be compounded at a monthly interest rate of 2.5%. Goods will not be left without full payment to the company. Refunds on deposits will only be given at the company’s discretion whereby the reason falls within those stated in clause 6, 14, 18 and 19 of the Vision Trade Frames Ltd Terms and Conditions.
6. Without limiting any other remedies or rights that the company may have, if the customer does not pay the company on time, the company may cancel or suspend its performance of the services or any other outstanding order until the customer has paid the outstanding amounts.
7. The company reserves the right to cancel this order in the event that the surveyor is not entirely happy that the company can fulfil its obligations to the customer within the contract price. In this event, any deposit or monies in respect of the contract will be refunded in full by the company.
8. Risk shall pass to the customer when goods leave the company’s premises when the customer collects and signs for the goods. Risk shall pass to the customer when goods have been installed or delivered by the company and signed for by the customer.
9. Notwithstanding that the risk in the goods has passed to the customer, the ownership of the goods shall remain with the company which reserves the right to possession of the goods until such time that payment has been received in full by the company and cleared through the company’s bank account.
10. The customer agrees to permit access to the to the premises, its servants and workmen to the installation/delivery address at all reasonable times in order that delivery/works may be carried out as scheduled. If, within 28 days of being advised that the company is ready to install, the customer has not agreed to an installation date, the balance of the product supply cost becomes payable. 11. The company reserves the right to charge for wasted time if it is unable to deliver or carry out work due to site specific restrictions/conditions or if the customer or appointed collector of the goods is not at the delivery address at the time agreed resulting in a further attempt to deliver.
12. The company reserves the right to make minor variations in the specification of any of its parts without prior notice to the customer, in keeping with the company’s policy of continuous development and improvement.
13. The customer shall be deemed to have accepted the goods if not rejected within 24 hours of delivery or collection or immediately in the event of the customer having signed a note of acceptance or delivery. Rejection subsequently will not be accepted to the company.
14. Any product guarantee will come into effect immediately upon completion of the works provided that the full price has been received (less any appropriate amount in the event of defects) by the company on the due date.
15. It should be clearly understood that no alteration or cancellation of the order, if signed by the customer (subject to building society/bank/finance company approval) can be made, unless written confirmation of the refusal of finance received from the building society/bank/finance company concerned is provided to the company. At that time, this contract will be deemed to be null and void and any deposit which has been paid will be returned to the customer.
16. In the event of any dispute arising either during the course of or subsequent to completion of the services, the customer will not be entitled to withhold payment in excess of an amount representing the reasonable cost of the work required to rectify or replace any alleged defective works which are the subject of the dispute.
17. The company strive to provide a first class service to all customers, however, there may be an occasion when the customer is not happy with the services that they have received. If the customer would like to raise a complaint about the services that they receive, please speak to a member of staff at the company who will try to resolve any issues you may have. Any complaints received via post or email, the company will aim to send an initial acknowledgement of receipt within 3 working days and a full response within 10 working days of receipt where possible. If the company cannot provide a response/resolution within this time frame then the company will ensure that they keep the customer informed on the progress of the investigation.
18. If any court or competent authority decides that any of the provisions of these terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
18.1 If the company fail, at any time while these terms are in force, to insist that the customer perform any of their obligations under these terms, or if the company does not exercise any of its rights or remedies under these terms, that will not mean that the company have waived such rights or remedies and will not mean that the customer does not have to comply with those obligations. If the company do waive a default by the customer that will not mean that the company will automatically waive any subsequent default by the customer. No waiver by the company of any of these terms shall be effective unless the company expressly say that it is a waiver and the company tell you so in writing.
18.2 A person who is not party to these terms shall not have any rights under or in connection with them under the Contracts Rights of Third Parties Act 1999.
18.3 These terms shall be governed by English Law and the customer and the company both agree to the non-exclusive jurisdiction of the English courts.
19. The company will only use the personal information that the customer provides to the company to provide the services, or to inform the customer about similar services which the company provide, unless the customer tells the company that they do not want to receive this information.
19.1 The customer acknowledges and agrees that the company may pass your details to credit reference agencies.
20. The delivery or installation period quoted is that anticipated at the time of the order and will be improved on if possible. In the event that this contract is not completed within the specified delivery period, the customer may serve notice on the company in writing, requiring that the work be carried out and completed within six weeks. If the work is not completed within the extended period, the customer may cancel the uncompleted work covered by the contract without penalty on either side and without loss of any deposit paid by serving written notice by recorded delivery post to the company. Notwithstanding the foregoing, the company shall not be liable for any delay in the completion of work which arises from causes beyond reasonable control of the company. In the event that time has been made the essence of the contract, time shall not run during such delay or when a delay on the customer’s account is operating.
21. The company’s liability to the customer in respect of the direct or indirect consequences of any breech or non-performance howsoever caused or of the strikes, lock-outs or of any other circumstance beyond the company’s control or of non-supply by a third party or arising out of negligence or of any misrepresentation, force majeure, any other tort or breech of statue by the company, its employees or its agents shall be limited to the price of the goods which are subject matter of the particular order. The company reserves the right to treat the contract as at an end with no compensation payable to the customer.
22. The company does not claim or guarantee that its products eliminate or even reduce the incidence of condensation. 23. The company will repair or replace all goods which are or become defective by reason of faulty materials or workmanship in line with our written guarantee.
24. The customer should ensure that any representation or promise made before or at the time of signature to the contract not included in the printed form of the contract is added in writing on the face of the contract and is signed by both the customer and the company or its agent. In this way, there will be no doubt as to the terms of the representation or promise.
25. The formation, construction and performance of this agreement shall be governed in all by English Law.
26. Where you are entering into this agreement as a domestic and private customer, you may within 7 calendar days of placing an order amend or cancel this order by providing us with a completed ‘Notice of Right to cancel’ form which you will receive with these terms and conditions. If you amend or cancel this order, then subject to cause 5, your liability to us shall be limited to payment to us of all costs we reasonably incur in fulfilling the order until we receive your amendment or cancellation. However, where the amendment or cancellation is due to our failure to comply with these terms you shall have no liability to us for it. Where this agreement is entered into on a business to business basis, we reserve the right to claim loss of profits resulting from any cancellation by you.
27. Excluding cosmetic deterioration due to normal wear and tear, locking mechanisms, hinges, and other moving parts are guaranteed for 12 months from the date of delivery. Glass units are guaranteed for 5 years and frames are guaranteed for 10 years from the date of delivery.
28. We shall have no liability for any defect in the goods arising from any drawing, design or specification supplied by you; and we shall have no liability for any minor imperfection or cosmetic deterioration caused by normal wear and tear or environmental factors.
29. Any goods manufactured to the design or specification of the customer or its experts or details taken of plans supplied by the customer are produced without warranty of any kind except their compliance with the design or specification. The customer will unconditionally fully and effectively indemnify the company in respect of any claim, cost or expenses, losses or demands resulting there from including the infringement of patent, copyright, design, trade mark or any industrial or intellectual property rights resulting from the company’s use of the said design or specifications.
30. When estimates are provided by the company on the basis of plans and specifications supplied by the customer, then the customer shall recheck the specification and quantities quoted and shall be deemed to have accepted the specifications and quantity specified when placing the order unless written notice of any variations are given to the company.
31. All quotes are only valid for 30 days. If the customer wishes to place an order over 30 days after the initial quote is given, then a re- quote will be required to allow for any cost inflations for materials to the company to be accounted for.
32. Design and advisory services (including the preparation of drawings, specifications, contract particulars and the like) shall be provided by the company with reasonable skill and care but no other representations or undertakings are made or are to be implied in connection with any such services nor shall the company be under any liability whatsoever in respect of these services if erection is carried out before any necessary approval, commissions an consents of third parties are obtained.
33. The copyright, design right and all other intellectual property rights in any materials and other documents or items that the company prepare or produce for the customer in connection with the services will belong to the company absolutely. Where you’re entering this agreement as a consumer, you may not use the materials, documents or other items for any commercial, business or re-sale purpose.
34. Nothing in these terms and conditions shall be interpreted as excluding or restricting the statutory rights of the customer.