Terms and Conditions

In this Agreement: “TGS” are Touchstone Glazing Solutions “You” are the “Customer” who have agreed to buy the Products. The “Product” means fixed Insulead or opening stainless steel windows provided by TGS

 

  1. FORMATION OF A CONTRACT

  2. a) Acknowledgment and acceptance of this order contract by you is made by payment of the initial deposit as detailed in this order contract, at which time you will be bound by these terms and conditions. The order accepted shall constitute an individual legally binding contract between both parties. Such contract is hereinafter referred to in these terms and conditions as "an order"

  3. b) These conditions shall override any contrary, different or additional terms and conditions contained or referred to in any proposal, 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.

  4. c) Nothing in these terms and conditions shall prejudice any condition or warranty expressed or implied, or any legal remedy to which either party may be entitled in relation to the goods / and or the work the subject of this order.

  5. d) These terms and conditions shall be construed in accordance with the laws of England and shall be subject to the exclusive jurisdiction of the English courts.

 

  1. TENDERS, QUOTATIONS AND CONCLUSION OF CONTRACT

  2. a) This Order Contract is valid for a period of 30 days or such longer period as we both agree in writing.

  3. b) No contract exists between us until we have received your signed order and deposit required by these terms and conditions.

  1. c) All offers will be made in writing. Verbal quotations and estimates do not constitute an offer.

  2. d) All prices quoted are based on the specification within the quotation, and the Customer should not rely on any prices, specification, description or statement made in any sales or marketing literature. Any variation to the specification requested by the Customer once the order has been placed will be quoted by TGS, agreed by You, and  charged at the appropriate rate.

  1. e) Prices quoted within our Order Contract are based on the current costs of materials, wages and overheads. If the initial deposit has not been paid and therefore the Order Contract has not yet been entered into by both parties then TGS reserve the right to alter the prices originally quoted.

  1. f) All prices quoted are represented in Sterling Pounds and exclusive of VAT. Where goods are to be delivered outside the UK, the price also excludes all import duties, taxes and other professional fees. All such taxes and levies are payable by the customer in accordance with any UK legislation in force at the tax– point date

  2. g) This Contract does not affect your statutory rights.

 

  1. COMPLIANCE WITH LAW AND REGULATIONS

  2. a) It is your sole responsibility to ensure that all relevant Listing, Planning, Building, Local Regulations and Environmental Consents are being complied with and obtain all necessary permissions, consents and approvals prior to placing of an order.

  1. f) TGS shall not be held responsible for any loss, damage or expense arising from any reasonable or unavoidable delay in delivery caused by circumstances beyond our control.  Any delay resulting from circumstances beyond our control such as war, Government strikes, lockouts, fire, breakdown of machinery, non delivery or delay in delivery by suppliers to TGS, or any other cause beyond TGS’s control shall not entitle You to cancel or terminate the Contract unless it is no longer possible to complete the Contract.

 

  1. INSTALLATION

          OUR RESPONSIBILITY

  1. We will ensure any work is carried out with best care and skill and to industry standard

  2. b) Before starting any work we will carry out an inspection prior to the installation date to make sure the site is in an appropriate condition to be able to carry out installation and finishing. This may be in the form of a formal site visit or communication by telephone or email.

  3. c) We reserve the right to delay the date of installation if after inspection, the site is unsuitable for the installation and finishing work to be carried out. Any costs incurred to TGS as a result of delays to installation and finishing caused by the Customer may be chargeable to the Customer.

          YOUR RESPONSIBILITY

  1. a) You will permit us during normal working hours or outside of these hours by prior agreement to carry out an inspection and thereafter undertake the works according to the programme set out in the Order Contract.

  2. b) You will remove all items necessary to allow us to commence the works and cover and protect all  fixtures and fittings which cannot be removed

  3. c) There must be access to washing and sanitation facilities within a reasonable distance of the site

  1. d) There may be a risk of minor damage caused whilst carrying out the installation and finishing work. Any repair work will be the responsibility of the client unless by prior agreement with TGS.

 

  1. PAYMENT TERMS

  2. a) Payment for the goods shall, unless otherwise agreed in writing, be due on delivery of the invoice or in accordance with TGS's Order / Contract.

  1. b) Payments are acceptable by cheque made payable to Touchstone Glazing Solutions and bank transfer

  2. c) If You do not pay any money to us when requested we shall be entitled to interest on the unpaid accounts at the rate of 4 per cent above the Inter-Bank rate as published in the Financial Times.

  1. d) The Customer does not have the right to set off any money claimable from the Company against any sums owing to the Company by the Customer

  2. e) Where payment does not clear or if alternative payment arrangements are agreed and confirmed in writing, if a payment due from You is unpaid for more than 7 days We shall be entitled to recover the goods until payment in full of the outstanding amount plus any additional labour and transportation charges have been made.

  1. f) TGS reserves the right to reclaim any VAT if, following an investigation, it is deemed that the VAT was charged incorrectly due to incorrect or a lack of supporting documentation

 

  1. MATERIALS AND OWNERSHIP

  2. a) Retention of Title shall remain with TGS, whether the Product is fixed or attached to any building of the Customer, until such time as the agreed price for the Product has been paid for in full by the Customer to TGS.

  1. b) We reserve the right to cancel or suspend the Contract and recover any supplied Products before fullpayment is made if You are declared bankrupt, You make a voluntary arrangement with your creditors orYou are the subject of an administration order.  We shall provide You with reasonable notice of our decision to cancel the Contract.

  1. c) You will authorise us to enter your property to recover the Product under this clause, and We shall enter the property only at reasonable times and, upon  reasonable notice, cause the least inconvenience and damage reasonably practicable.                                        

  1. d) If a dispute arises under this clause and the matter is settled by arbitration (see arbitration clause) our right to recover possession will not come into effect unless money remains unpaid for 28 days from the date of the decision of the arbitrator.

 

  1. WARRANTIES

  2. a) Subject to conditions laid out below, our DUG’s are guaranteed against failure for an industry standard period of 10 years.

  1. b) You should notify us in writing within 14 days of the alleged defect becoming known to You and give us a reasonable opportunity to examine the alleged defect.

  1. c) The guarantee only applies if TGS has received from the Client full payment of the agreed price for the Product.

  1. d) Our Steelyte stainless steel frames are guaranteed for a lifetime against rust or corrosion.

  2. e) We will not be liable for any defects arising from a failure to maintain the goods and / or to follow TGS’s recommendations, wear and tear, you or a third party’s wilful damage, negligence or misuse.

  3. f) The Client is required to check the correct specification on the Detailed Order Contract prior to manuafcture. TGS will not be liable for any costs arising from the subsequent removal and refitting of any replacement windows due to incorrect specification. TGS takes responsibility, however, for sizes supplied during site survey conducted by TGS.  TGS cannot take responsibility for any sizes supplied incorrectly by the Customer or Third Parties.

  4. g) We will not be liable if, after delivery, any alteration or repair is carried out without our approval.

  5. h) In the event of a defect in the materials, workmanship or design of the product being found in the first 5 we shall carry out the necessary remedial work at our expense including labour and materials.

  6. i) For guarantee periods outside of 5 years from delivery, TGS will undertake repair or replacement of the guaranteed part or parts in the event that We agree to install the replacement, the client will be required to pay for reasonable costs for travelling, labour and accommodation and any other costs associated with the remedial work.

  1. j) This guarantee applies throughout the UK and for the avoidance of doubt the name and address of the guarantor is Touchstone Glazing Solutions Ltd, Albion Mill, Thornhill Beck Lane, Brighouse, HD6 4AH

  1. k) Nothing in this guarantee affects your statutory rights.

  2. l)  TGS agrees to maintain reasonable levels of insurance to service our risk under the terms of contract and for the duration of the contract and warranty period.

        

  1. ARBITRATION

  2. a) If there is a dispute between TGS and the Client (the two parties) about the Products, we shall endeavour to resolve this quickly and amicably.  If this is not possible, then we shall agree to refer the dispute to a single arbitrator, such person having no previous relationship with either party unless the other party agrees.  If the two parties cannot agree upon an arbitrator, an arbitrator will be appointed by the President of the Law Society. 

  1. b) The arbitrator shall act as an expert and his decision shall be binding by both parties.

  2. c)  Unless the arbitrator so orders, his costs shall be borne equally by TGS and customer. 

  3. d) For the avoidance of doubt this clause does not affect any other legal remedies available to you.