Terms and Conditions of Sale

PJB GLASS GROUP LTD
(GlassTeq Sealed Units / SunShade Blind Systems)
STANDARD TERMS AND CONDITIONS
FOR THE SALE OF GOODS

1. Application of Conditions
The Seller shall sell and the Buyer shall purchase the Goods in accordance with any quotation or offer of the Seller which is accepted by the Buyer, or any order of the Buyer which is accepted by the Seller, subject in either case to these Conditions, which shall govern the Contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any such order is made or purported to be made, by the Buyer.

2. Interpretation
2.1 In these Conditions:-
“Business Day” means any day other than a Saturday, Sunday or bank holiday;
and

“the Buyer” means the person who accepts a quotation or offer of the Seller
for the sale of the Goods or whose order for the Goods is
accepted by the Seller;

“the Contract” means the contract for the purchase and sale of the Goods
under these conditions;

“these conditions” means the standard terms and conditions of sale set out in this document and (unless the context otherwise requires)
includes any special terms and conditions agreed in writing
between the Buyer and the Seller;

“the Delivery Date” means the date on which the Goods are to be delivered as stipulated in the Buyer’s order and accepted by the Seller;

“the Goods” means the goods (including any instalment of the goods or any
parts for them) which the Seller is to supply in accordance with
these Conditions;

“month” means a calendar month;

“the Seller” means a trading company of PJB Glass Group Ltd, a company
registered in England under No. 05717094;

“writing” includes any communications effected by telex, email, facsimile
transmission or any comparable means.

2.2 Any reference in these Conditions to a statute or a provision of a statute
shall be construed as a reference to that statute or provision as amended,
re-enacted or extended at the relevant time.

2.3 The headings in these Conditions are for convenience only and shall not
affect their interpretation.

3. Basis of Sale
3.1 The Seller’s employees or agents are not authorised to make any
representations concerning the Goods unless confirmed by the Seller in
writing. In entering into the Contract the Buyer acknowledges that it does
not rely on, and waives any claim for breach of, any such representations
which are not so confirmed.

3.2 No variation to these Conditions shall be binding unless agreed in writing between the authorised representatives of the Buyer and the Seller.

3.3 Sales literature, price lists and other documents issued by the Seller in
relation to the Goods are subject to alteration without notice and do not
constitute offers to sell the Goods which are capable of acceptance. An
order placed by the Buyer may not be withdrawn cancelled or altered prior
to acceptance by the Seller and no contract for the sale of the Goods shall
be binding on the Seller unless the Seller has issued a quotation which is
expressed to be an offer to sell the goods or has accepted an order placed
by the Buyer by whichever is the earlier of:-
(a) the Seller’s written acceptance;
(b) delivery of the Goods; or
(c) the Seller’s invoice.

3.4 Any typographical, clerical or other accidental errors or omissions in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.

4. Orders and Specifications
4.1 No order submitted by the Buyer shall be deemed to be accepted by the
Seller unless and until confirmed in writing by the Seller’s authorised
representative.

4.2 The specification for the Goods shall be those set out in the Seller’s sales
documentation unless varied expressly in the Buyer’s order (if accepted by
the Seller). The Goods will only be supplied in the minimum units (or
multiples) stated in the Seller’s price list or in multiples of the sales outer
as specified. Orders received for quantities other than these will be
adjusted accordingly, illustrations, photographs or descriptions whether in
catalogues, brochures, price lists or other documents issued by the Seller
are intended as a guide only and shall not be binding on the Seller.

4.3 The Seller reserves the right to make any changes in the specification of
the Goods which are required to conform with any applicable safety or
other statutory or regulatory requirements or, where the Goods are to be
supplied to the Seller’s specification, which do not materially affect their
quality or performance.

4.4 No order which has been accepted by the Seller may be cancelled by the
Buyer except with the agreement in writing of the Seller on the terms that
the Buyer shall indemnify the Seller in full against all loss (including loss of
profit), costs (including the cost of all labour and materials used),
damages, charges and expenses incurred by the Seller as a result of
cancellation.

5. Price of Goods
5.1 The price of the Goods shall be the price listed in the Seller’s published
price list current at the date of acceptance of the Buyer’s order or such
other price as may be agreed in writing by the Seller and the Buyer.

5.2 Where the Seller has quoted a price for the Goods other than in
accordance with the Seller’s published price list the price quoted shall be
valid for 30 days only or such lesser time as the Seller may specify.

5.3 The Seller reserves the right, by giving notice to the Buyer at any time
before delivery, to increase the price of the Goods to reflect any increase
in the cost to the Seller which is due to any factor beyond the control of the
Seller (such as, without limitation, any foreign exchange fluctuation
currency regulation, alteration of duties, significant increase in the costs of
labour, materials or other costs of manufacture), any change in delivery
dates, quantities or specifications for the Goods which is requested by the
Buyer, or any delay caused by any instructions of the Buyer or failure of
the Buyer to give the Seller adequate information or instructions.

5.4 The Seller will allow the Buyer quantity discounts subject to and in
accordance with the conditions, if set out in the Seller’s published price list
for the Goods current at the date of acceptance of the Buyer’s Order.

5.5 Any settlement discount specified by the Seller in the Contract will be
allowed by the Seller to the Buyer in respect of Goods for which payment
is received by the Seller on or before the due date and otherwise in
accordance with the payment terms set out in these Conditions and
provided that no other amounts owing by the Buyer to the Seller are
overdue and unpaid.

5.6 Except as otherwise stated under the terms of any quotation or in any
price list of the Seller, and unless otherwise agreed in writing between the
Buyer and the Seller, all prices (for orders of more than £50) are inclusive
of the Seller’s charges for packaging and transport to the location in the
United Kingdom specified in the Buyer’s order.

5.7 The price is exclusive of any applicable value added tax excise, sales or
taxes or levies of a similar nature which are imposed or charged by any
competent fiscal authority in respect of the Goods, which the Buyer shall
be additionally liable to pay to the Seller.

5.8 The cost of pallets and returnable containers will be charged to the Buyer in addition to the price of the Goods, but full credit will be given to the Buyer provided they are returned at the Buyer’s expense undamaged to
the Seller.

6. Terms of Payment
6.1 Subject to any special terms agreed in writing between the Buyer and the Seller, the Seller shall invoice the Buyer for the price of the Goods on or at any time after delivery of the Goods, unless the Goods are to be collected
by the Buyer or the Buyer wrongfully fails to take delivery of the Goods, in
which event the Seller shall be entitled to invoice the Buyer for the price at
any time after the Seller has notified the Buyer that the Goods are ready
for collection or (as the case may be) the Seller has tendered delivery of
the Goods.

6.2 The Buyer shall pay the price of the Goods (less any discount or credit
allowed by the Seller, but without any other deduction credit or set off)
within 30 days of the date of the Seller’s invoice. Payment shall be made
on the due date notwithstanding that delivery may not have taken place
and/or that the property in the Goods has not passed to the Buyer. The
time of the payment of the price shall be of the essence of the Contract.
Receipts for payment will be issued only upon request.

6.3 All payments shall be made to the Seller in Pounds Sterling at its office as indicated on the form of acceptance or invoice issued by the Seller.

6.4 The Seller is not obliged to accept orders from any customer or buyer who has not supplied the Seller with references satisfactory to the Seller; if at any time the Seller is not satisfied as to the creditworthiness of the Buyer it may give notice in writing to the Buyer that no further credit will be allowed to the Buyer in which event no further goods will be delivered to the Buyer other than against cash payment and notwithstanding Clause 6.2 of these conditions, all amounts owing by the Buyer to the Seller shall be
immediately payable in cash.

7. Delivery
7.1 Delivery of the Goods shall be made by the Seller delivering the Goods to
the place in the United Kingdom specified in the Buyer’s order and/or the
Seller’s acceptance as the location to which the Goods are to be delivered
by the Seller or, if no place of delivery is so specified, by the Buyer
collecting the Goods at the Seller’s premises at any time after the Seller
has notified the Buyer that the Goods are ready for collection.

7.2 The Delivery Date is approximate only and time for delivery shall not be of the essence unless previously agreed by the Seller in writing. The Goods
may be delivered by the Seller in advance of the Delivery Date upon giving
reasonable notice to the Buyer.

7.3 Where delivery of the Goods is to be made by the Seller in bulk, the Seller reserves the right to deliver up to 10 per cent more or 10 per cent less
than the quantity ordered without any adjustment in the price, and the
quantity so delivered shall be deemed to be the quantity ordered.

7.4 Where the Goods are to be delivered in instalments, each delivery shall
constitute a separate contract and failure by the Seller to deliver any one
or more of the instalments in accordance with these Conditions or any
claim by the Buyer in respect of any one or more instalments shall not
entitle the Buyer to treat the Contract as a whole as repudiated.

7.5 If the Buyer fails to take delivery of the Goods or any part of them on the
Delivery Date and/or fails to provide any instructions, documents, licences,
consents or authorisations required to enable the Goods to be delivered
on that date, the Seller shall be entitled upon given written notice to the
Buyer to store or arrange for the storage of the Goods and then
notwithstanding the provision of Clause 8.1 of these Conditions risk in the
Goods shall pass to the Buyer, delivery shall be deemed to have taken
place and the Buyer shall pay to the Seller all costs and expenses
including storage and insurance charges arising from such failure.

8. Risk and Property
8.1 Risk of damage to or loss of the Goods shall pass to the Buyer at:-
(a) in the case of Goods to be delivered at the Seller’s premises, the time
when the Seller notifies the Buyer that the Goods are available for
collection; or
(b) in the case of Goods to be delivered otherwise than at the Seller’s
premises, the time of delivery or, if the Buyer wrongfully fails to take
delivery of the Goods, the time when the Seller has tendered delivery of
the Goods.

8.2 Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, the property in the Goods shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by the
Seller to the Buyer for which payment is then due.

8.3 Until such time as the property in the Goods passes to the Buyer:-
(a) the Buyer shall hold the Goods as the Seller’s fiduciary agent and
bailee, and shall keep the Goods separate from those of the Buyer and
third parties and properly stored, protected and insured and identified
as the Seller’s property;
(b) the Buyer shall be entitled to resell or use the Goods in the ordinary
course of its business, but shall account to the Seller for the proceeds
of sale or otherwise of the Goods, whether tangible or intangible,
including insurance proceeds, and shall keep all such proceeds
separate from any moneys or property of the Buyer and third parties
and in the case of tangible proceeds, properly stored, protected and
insured; and
(c) provided the Goods are still in existence and have not been resold, the
Seller shall be entitled at any time to require the Buyer to deliver up the
Goods to the Seller and, if the Buyer fails to do so forthwith, to enter
upon any premises of the Buyer or any third party where the Goods
are stored and repossess the Goods.

8.4 The Buyer shall not be entitled to pledge or in any way charge by way of
security for any indebtedness any of the goods which remain the property
of the Seller, but if the Buyer does so all money owing by the Buyer to the
Seller shall (without prejudice to any other right or remedy of the Seller)
forthwith become due and payable.

8.5 General Data Protection Regulations can be found at Appendix B to these Terms and Conditions.

9. Seller’s Default
9.1 If the Seller fails to deliver the Goods or any of them on the Delivery Date
other than for reasons outside the Seller’s reasonable control or the
Buyer’s or its carrier’s fault:-
(a) if the Seller delivers the Goods at any time thereafter the Seller shall
have no liability in respect of such late delivery;
(b) if the Buyer gives written notice to the Seller within ten business days
after the Delivery Date and the Seller fails to deliver the Goods within
four business days after receiving such notice the Buyer may cancel
the order and the Seller’s liability shall be limited to the excess (if any)
of the cost of the Buyer (in the cheapest available market) of similar
goods to those not delivered over the price of the Goods not delivered.

9.2 The Seller shall not be liable to the Buyer or be deemed to be in breach of
the Contract by reason of any delay in delivery or in performing, or any
failure to perform, any of the Seller’s obligations in relation to the Goods, if
the delay or failure was due to any cause beyond the Seller’s reasonable
control. Without prejudice to the generality of the foregoing, the following
shall be regarded as causes beyond the Seller’s reasonable control:-
(a) act of God, explosion, flood, tempest, fire or accident;
(b) war or threat of war, sabotage, insurrection, civil disturbance or
requisition;
(c) acts, restrictions, regulations, byelaws, prohibitions or measures of any
kind on the part of any governmental. Parliamentary or local authority;
(d) import or export regulations or embargoes; and/or
(e) strikes, lockouts or other industrial actions or trade disputes (whether
involving employees of the Seller or of a third party).

10. Defective Goods
10.1 If on delivery any of the Goods are defective in any material respect and
either the Buyer lawfully refuses delivery of the defective Goods or, if they
are signed for on delivery “condition and contents unknown” the Buyer
gives written notice of such defect to the Seller within three business days
of such delivery, the Seller shall at its option:-
(a) replace the defective Goods within 14 days of receiving the Buyer’s
notice; or
(b) refund to the Buyer the price for the goods which are defective;
but the Seller shall have no further liability to the Buyer in respect thereof
and the Buyer may not reject the Goods if delivery is not refused or notice
give by the Buyer as aforesaid.

10.2 No Goods may be returned to the Seller without the prior agreement in
writing of the Seller. Subject thereto any Goods returned which the Seller
is satisfied were supplied subject to defects of quality or condition which
would not be apparent on inspection shall either be replaced free of
charge or, at the Seller’s sole discretion the Seller shall refund or credit to
the Buyer the price of such defective Goods but the Seller shall have no
further liability to the Buyer.

10.3 The Seller shall be under no liability in respect of any defect arising from
fair wear and tear, or any wilful damage, negligence, subjection to normal
conditions, failure to follow the Seller’s instructions (whether oral or in
writing), misuse or alteration of the Goods without the Seller’s approval, or
any other act or omission on the part of the Buyer, its employees or agents
or any third party.

10.4 Goods, other than defective Goods returned under Conditions 10.1 or
10.2, returned by the Buyer and accepted by the Seller may be credited to
the Buyer at the Seller’s sole discretion and without any obligation on the
part of the Seller. Where Goods returned to the Seller are not resaleable
they will not be considered for credit and will be destroyed by the Seller at
the Buyer’s expense in the interests of safety. A handling charge of up to
20% of the value of the Goods returned by the Buyer may be charged by
the Seller.

10.5 Subject as expressly provided in these Conditions, and except where the
Goods are sold under a consumer sale, all warranties, conditions or other
terms implied by statute or common law are excluded to the fullest extent
permitted by law.

10.6 Where the Goods are sold under a consumer sale the statutory rights of
the Buyer are not affected by these Conditions.

10.7 Except in respect of death or personal injury caused by the Seller’s
negligence, or as expressly provided in these Conditions, the Seller shall
not be liable to the Buyer by reason of any representation, or any implied
warranty, condition or other term, or any duty at common law or under
statute, or under the express terms of the Contract, for any direct or
consequential loss or damage sustained by the Buyer (including without
limitation loss of profit or indirect or special loss), costs, expenses or other
claims for consequential compensation whatsoever (and whether caused
by the negligence of the Seller, its servants or agents or otherwise) which
arise out of or in connection with the supply of the Goods or their use or
resale by the Buyer.

10.8 The Buyer shall be responsible to ensure that, except to the extent that
instructions as to the use or sale of the Goods are contained in the
packaging or labelling of the Goods, any use or sale of the Goods by the
Buyer is in compliance with all applicable statutory handling and sale of
the Goods by the Buyer is carried out in accordance with directions given
by the Seller or any competent governmental or regulatory authority and
the Buyer will indemnify the Seller against any liability loss or damage
which the Seller might suffer as a result of the Buyer’s failure to comply
with this condition.

11. Buyer’s Default
11.1 If the Buyer fails to make any payment on the due date then, without
prejudice to any other right or remedy available to the Seller, the Seller
shall be entitled to:-
(a) cancel the order or suspend any further deliveries to the Buyer;
(b) appropriate any payment made by the Buyer to such of the Goods (or
the goods supplied under any other contract between the Buyer and
the Seller) as the Seller may think fit (notwithstanding any purported
appropriation by the Buyer); and
(c) charge the Buyer interest (both before and after any judgement) on the
amount unpaid, at the rate of two per cent per annum above National
Westminster Bank plc base rate from time to time, until payment in full
is made (a part of a month being treated as a full month for the
purpose of calculating interest).

11.2 This condition applies if:-
(a) the Buyer fails to perform or observe any of its obligations
hereunder or is otherwise in breach of the Contract; or
(b) the Buyer becomes subject to an administration order or makes
any voluntary arrangement with its creditors (within the
meaning of the Insolvency Act 1986) or (being an individual or
firm) becomes bankrupt or (being a company) goes into
liquidation; or
(c) an encumbrance takes possession, or a receiver is appointed,
of any of the property or assets of the Buyer; or
(d) the Buyer ceases, or threatens to cease, to carry on business;
or
(e) the Seller reasonably apprehends that any of the events
mentioned above is about to occur in relation to the Buyer and
notifies the Buyer accordingly.

11.3 If Condition 11.2 applies then, without prejudice to any other right or
remedy available to the Seller, the Seller shall be entitled to cancel the
Contract or suspend any further deliveries under the Contract without any
liability to the Buyer, and if the Goods have been delivered but not paid for
the price shall become immediately due and payable notwithstanding any
previous agreement or arrangement to the contrary.

11.4 All goods due for collection must be collected within 28 days of
manufacture. If collection of goods is not made within 28 days of
manufacture the goods will be disposed of without the facility of any refund
being available or given.

12. Sealed Units – Technical
12.1 Legislation dictates a minimum standard of the thermal performance of
sealed units. The basic standard is classified as ‘C’ rated whilst the
premium standard is ‘A’ Rated (as classified by the British Fenestration
Ratings Council.

12.2 Sealed units in UK residential double glazing are normally 28mm in depth
and a standard sealed unit will comprise 4mm Clear Glass, a 20 mm cavity
and 4mm Clear Glass. All sealed units in doors and their surrounding area
must be toughened in accordance with Building Regulations.

12.3 All annealed orders for sealed unit over 1.5 square meters will automatically be toughened glass and charged accordingly.

12.4 Sealed units can be coated inside with a ‘Low Emissivity coating to enable them to achieve energy performance standards required.

12.5 If no spacer bar is specified n orders then they will be automatically
assumed to be a silver aluminum spacer bar and will be manufactured
accordingly.

12.4 It is possible to have sealed units with Georgian Bar and decorative bevels etc., obscured and tinted glass, laminated and fire rated glass. Georgian Bar is available in 18mm and 25mm as standard.

12.5 Larger sealed units may be manufactured but if any units exceed 2.3 square
meters in area then they will be manufactured in 6mm glass and not the
standard 4mm glass. This it to ensure the units can accommodate windage
and other loads, and to comply with manual Health and Safety regulations.

12.6 Deliveries of sealed units will be made between 08.00 and 17.00 every
Workday wherever possible.

12.7 The standard minimum area charge will be 0.3 square meters.

12.8 Fan holes in sealed units will need to be a minimum of 75mm from the edge of the glass on any side.

12.9 All triple glazed sealed units will be made of toughened glass throughout.

12.10 Sealed units can be manufactured with the inclusion of integral Venetian blinds. Specific Terms and Conditions for integral Venetian blinds sealed units are at Appendix A at the end of this document.

12.11 Amendments to orders received may be made providing the orders have not
been processed nor submitted to Production for manufacture. If orders are
received outside the latter parameters the orders will be considered new
orders and charge accordingly.

12.12 The Glass and Glazing Federation (GGF) issue guidelines on the standards
considered acceptable for the visual aspects of sealed units. For example
units should be viewed from a distance of two meters (annealed) or three
meters (toughened or coated), viewed at 90 degrees to the unit and in
overcast conditions. All complaints concerning the visual acceptability of
sealed units will be strictly judged by the GGF Guidelines.

12.13 All sealed units are guaranteed against failure for 5 years from Date of
Delivery providing the storage and installation of the sealed units meet all
aspects of the GGF Guidelines. However, Low Sightline sealed units (or
‘Heritage’ sealed units) as specified by the GGF (with either cavity widths
between 4mm and 8mm or with an edge seal of less than 6mm) are
expressly excluded from any guarantee or warranty. Policy concerning
consequential loss, damage or costs are contained in Para 10.8 above.

13. Confidentiality, Publications and Endorsements
13.1 The Buyer undertakes to the Seller that:-
(a) the Buyer will regard as confidential the contract and all information
obtained by the Buyer relating to the business and/or products of the
Seller and will not use or disclose to any third party such information
without the Seller’s prior written consent provided that this undertaking
shall not apply to information which is in the public domain other than
by reason of the Buyer’s default;
(b) The Buyer will not use or authorise or permit any other person to use
any name, trademark, house mark, emblem or symbol which the Seller
is licensed to use or which is owned by the Seller upon any premises
note paper visiting cards advertisement or other printed matter or in
any other manner whatsoever unless such use shall have been
previously authorised in writing by the Seller and (where appropriate)
its Licensor;
(c) The Buyer will use all reasonable endeavours to ensure compliance
with this Condition by its employees, servants and agents.
This Condition shall survive the termination of the Contract.

14. General
14.1 Any notice required or permitted to be given by either party to the other
under these Conditions shall be in writing addressed to the other party at
its registered office or principal place of business or such other address as
may at the relevant time have been notified pursuant to this provision to
the party giving the notice.

14.2 No waiver by the Seller of any breach of the Contract by the Buyer shall
be considered as a waiver of any subsequent breach of the same or any
other provision.

14.3 If any provision of these Conditions is held by any competent authority to
be invalid or unenforceable in whole or in part the validity of the other
provisions of these Conditions and the remainder of the provision in
question shall not be affected thereby.

14.4 The Contract shall be governed by the laws of England.

APPENDIX A
TERMS & CONDITIONS OF SALE – INTEGRAL VENETIAN BLINDS
(SUNSHADE BLIND SYSTEMS)
These Terms and Conditions of Sales apply solely to sealed units containing
integral Venetian blinds. The PJB Glass Group Standard Terms and Conditions
ForThe Sales of Goods have precedence over these subsidiary Terms and
Conditions of Sale.
Any quotation supplied by The PJB GLASS GROUP LTD is done so using the
information given at the time of enquiry, should the glass specification change for
any reason please contact for re-quoting. Toughened safety Glass is used in all
blind systems supplied and the use of 6mm Glass in area’s greater than 1.5m2.
It is the responsibility of the Specifier/Purchaser to satisfy themself that the
glass specified is thermally safe. If in doubt please make contact for advice.
All Products are quality inspected before dispatch to ensure there are no defects,
and that Products operates satisfactorily and within manufacturing tolerances.
Quotation/Prices/Warranty:
The prices quoted are strictly NETT and are not subject to any monthly
settlement discount.
Prices quoted are exclusive of VAT which will be charged at the rate applicable
when invoiced.
Acceptance of an order and contract to supply the goods quoted would be subject
to the purchasers account status with PJB Glass Group Ltd prior to acceptance and
must be in writing.
Accounts: may be granted subject to credit search and application, 30
days NETT monthly (PJB Discretion)
Non Account Customers will be required to pay in full or a 50% deposit with order,
with any balance due prior to delivery
All Goods remain the property of The PJB Glass Group Ltd until paid for in full
The prices on any quotation By The PJB Glass Group Ltd are open for
acceptance within 30 days from the date of issue and delivery of the goods being
taken within 3 months from the end of the acceptance period.
Warranty Period from date of supply is 5 Years for manual products and 2 Years for
electric/motorised products.
Minimum area charge: 0.3m2.
Lead Time:
Every effort is made to ensure that the delivery is within the lead time quoted at the
time of order, liability will not be accepted for unforeseen circumstances which
prolong the delivery lead time, The Pull Cord system is to be transported WITHOUT
the controller attached and either lying on its longest edge or with the head rail at
the bottom, whilst the slider system should be transported WITH THE MAGNETS
ON the sealed units and with the head rail at the top or lying on its longest edge.
12
Product Control Types:
Manual Systems are offered with a Pull Cord, control knob or wand operation OR a
Sliding Magnet with Guide rails for commercial application and WITHOUT guide
rails for domestic application, it is the customer’s responsibility to state which option
is required.
Delivery:
Normal delivery lead times for Manual Blinds are aprox 4 weeks from Order and
Deposit; electrically operated blind systems are 5-6 weeks from order and
deposit. We endeavor to supply in week 4 after receiving the order, however this
may vary due to factory limitations and holiday periods beyond our control.
Any complaints about the condition of blinds on delivery are to be passed to
Sunshade Blinds Systems within three days of delivery.
Cancellation:
Goods cancelled after 3 days of receiving the order will carry a charge for the
material costs incurred at that time and any administration charges deemed
necessary up to the
point of cancellation.
Storage Charges/Stillage’s:
1. Storage for periods up to and including 7 days after the agreed delivery date
will be free of charge.
2. Storage for periods longer than 7 days will incur a charge of £3 per m2 for each
week, or part week, of storage. Charges will be calculated and invoiced monthly.
This estimate is based on delivery for commercial contracts to site being on metal
or timber stillage’s for crane offload, if under slung when lifting, or fork lift off
loading from the vehicle to hard standing. Delivery via multi drop vehicles for
smaller volumes or delivery to customer premises based on vehicle mounted
stillage’s for offloading by hand. Delivery on metal stillage’s is conditional on them
being made available for collection within 15 days of delivery, at our expense,
providing they are at the original delivery address and that you provide loading and
access facilities. This can be extended
without charge for a further 7 days by application to our office should the site fall
behind. After a further 7 days the stillage’s will be invoiced at £350 per stillage to
allow us to purchase replacements to facilitate continuity of supply. The maximum
weight of glass per stillage is 2000 kgs, unit thickness and glass size permitting.
Each stillage carries a unique number that will appear on the delivery note which
you or your representative
will be asked to sign.
Note: Maximum height of glass on metal stillage’s is 2200mm.
Note: Maximum height on special timber A frames is 1900mm.
Compliance:
The Building Regulations for England and Wales require that most double glazed
units incorporate a low emissivity glass. If you have not allowed for this in the
construction of the units then please refer to the Building Regulations to ensure
that your offer to your client will meet the required standards, it is the purchaser’s
responsibility to comply with current UK regulations.
13
Extended Warranty & Exclusions ( The Blind )
The warranty is provided for the IN2GLASS product, i.e., the blind system that is
located between the glasses, only (the “Product”).
Liability under this warranty is limited solely to the replacement of the Product in the
cases where this warranty applies. This warranty shall be valid for a period of 5
years for manual blinds and 2 years for electric/motorised blinds, excluding external
controls which carry a 12month warranty, following the date of purchase of the
Product, subject to the following terms:
Any claims made under this warranty will only be handled subject to the
submission of the purchase receipt of the defective Product also showing the
purchase date.
This Warranty shall only apply to manufacturing or material defects in the
Products. The warranty will not cover:-
* The cost of removal and/or reinstallation of the Product or glasses
(Consequential loss).
* Damage or defects caused by incorrect unit measurements or unit fitting as
stated in the Fitting Instructions
* Damages resulting from abuse, misuse, accidents or alterations to the Product.
* Damages resulting from failure to follow the instructions with respect to the
Product, including in relation to measurement, proper installation, cleaning,
maintenance and making changes in the structure of the double glazed unit.
* Damages due to exposure of the Product to any chemicals, including chemicals
used to seal the edge of the unit. This includes installations in areas of high
humidity and chemicals in the atmosphere. In such installations (e.g. swimming
pools) the units should be bedded and capped in an inert silicone e.g. U9, and
frame drainage should be enhanced.
* Damages due to the exposure of the Product to variable thermal conditions,
including fractures resulting from tension created by local or partial heating units,
large temperature variations and/or barometric pressure changes and
geographical altitude.
* Differences in the pressure required to operate a blind. These may be due to a
number of causes including changes in the atmospheric pressure, changes in
temperature and the manner in which the insulated glass unit is installed.
* Defects in the Product in any case where the insulating double glazed unit
was harmed or the units were not placed in a vertical position.
* Defects to the Product or the Glasses due to the ladder cords touching the
coated glass.
* Unevenness in the Product where the slats do not sit centrally within
the Cassette after installation
* Defects in the side rail positions due to lack of packing under the side
rails
* The internal ladder cord distorting as the blind is being stacked and
causing unevenness in the stack.
* Any visual effect on the surface of coated glasses, to include any internal
scratches must be noted to us up to a period of 3 months from supply, outside of
this time frame will not be considered for replacement. We recommend coated
performance glass on the inner pane.
* Magnets that have rusted due to internal moisture content.
14
Extended warranty applications will be subject to a revised quotation, whilst we
endeavor to make the product to the highest standard. There are visual effects
that are beyond our control and are not subject to any warranty claim, these
include the following items:
Tolerances
Frame
Due to the expansion and contraction of the unit as a whole, the aluminium spacer
bar and/or the frame (Cassette) it may be possible that small gaps appear in the
joints between the top, bottom and side rails (of the Cassette). This is permissible
providing the gaps do not exceed 3mm.
Cords and Tapes:
Due to the sum of the tolerances of the cord diameters and of the internal raising
mechanism, it is possible for there to be a slight inclination of the bottom rail when
raising the blind. This inclination is more marked in tall and narrow blinds. For this
reason, sizes with these geometrical configurations, which are considered critical
should be noted at the time of ordering and may not be included in the price list. It
is also possible as a result of shrinkage of the raising cords, and also of the ladder
tape, for the bottom rail to remain raised. Please remember that the materials of
which both the cords and the ladder tapes are made undergo shortening as the
temperature rises and lengthening as the temperature raises & falls. The
coefficient of variation in length which is characteristic of these materials is about
0.02%/°C. For example, if a blind1000 mm long undergoes a temperature
increase of 50 °C compared with the temperature of manufacture, it will contract
by 10 mm. It is also possible for packing in the ladder tapes and the dead weight
of the bottom rail to cause the rail to bend. This bending also occurs to a lesser
degree with tilting-only blinds, As the blind is raised, the folding of the ladder tapes
does not occur in a regular and constant fashion. This variation can cause
deviation of the slats from the Horizontal as they pack. This does not constitute a
reason for a claim.
Depending on the width of the blind it may be necessary for central cords to be
fitted to provide support to the middle of the slats. Unlike the cords which raise the
blinds (they pass through holes in the slats) the central cords are ‘floating’ and not
attached to the slats in any way. As a result the central cords may move sideways
and thus not stack vertically when the slats are raised. The placement of the central
cords can be affected by a sideways movement of the blind unit e.g. in doors and
especially in sliding all doors. This does not constitute a reason for a claim.
Bottom rail:
With reference to standard EN 13120, the maximum acceptable inclination of the
bottom rail with respect to the mid-point is +/-7.5 mm (15 mm total), without
distinction as to the position of the blind. The Sunshade production standard
specifies tolerance measurements with the blind in three positions.
*The allowable tolerance on the dimensions of the screen: Width 0 mm / mm -1.
Height 0 mm / mm -1.
15
*Tolerance on parallelism of the bottom rail + / – 5 mm.
*Tolerance on the bending of the bottom rail –
Up to1.5 meters = 5mm,
Between 1.5 – 2.2 meters = 10 mm,
More than 2.2 meters = 15 mm.
Correct slat Closure:
Take up a position 1 m from the inner sheet of glass, after identifying the line on
the unit corresponding to eye-level look outwards at the level hidden by the slats, it
should not be possible to observe objects behind the unit at the observers eye
level.
Note. As a consequence of this tolerance, it is possible for neighboring blinds to
have different degrees of closure.
It is not necessary for slats to sit centrally within the Cassette for the correct
operation of the blind.
Non Conformity:
Assessment of all non-conformities in Sunshade products must be based on visual
observation of the blind fitted inside the cavity of the insulated glass unit. This
assessment relates only to visible elements of the blind including head-rail, slats,
bottom rail, side rails and spacer bars. Evaluation of the quality of the glass is not
the subject of this assessment standard.
Assesment of the Blinds
Assessment of the quality of the blind must comply with what is
specified in the following points:
• The double-glazed unit with the Sunshade blind incorporated must be
positioned vertically, as specified when glazed.
• The blind must be lowered and the slats tilted to approximately 45°
• The observer must be positioned at a distance of 2 m from the unit with line of
sight perpendicular to the surface of the unit on both sides.
• The assessment must not be carried out with direct sunlight falling on the slats.
Assessment of the Glass
All quality standards for the glass of the insulated glass units are assessed by the
Glass and Glazing Federation, Quality of Vision, Double Glazing standards.
Site Visits
On occasion a customer may feel that a technical site visit is required by a
Sunshade/PJB Glass Group representative. It should be noted that a charge will be
raised for such visits should it be discovered that these Terms and Conditions have
not be complied with.
Please visit www.sunshadeblindsystems.co.uk to obtain any technical specification
16
APPENDIX B
Privacy (General Data Protection Regulations)
We hold your Company Name, Address, Contact Names, Telephone Numbers and email
addresses
We use these details to process your orders, deliveries, invoices, statements and any other
associated paperwork / correspondence.
Sometimes we will where necessary or required share information with the following
PJB Staff
Credit Reference Agencies
Central Government
Police Forces & Security Organisations
Debt Collection & Tracing Agencies
Trade Reference Information passed on includes, but is not limited to
Date the account was opened
Current Credit Limit (if applicable)
Payment Terms
If the customer complies with the Credit Terms
Electronic Data is stored on password protected computers and is backed up regularly
by a secure back up system.
Although we don’t regularly send out promotional information, we would like to send special
offers
and information regarding new services or products if we feel it is beneficial to you as our
customer.
If you do not want to receive promotional material or would like to request
a copy of all personal data about you that is held by us please email
accounts@pjbglassgroup.com
For personal data requests, we will require
Proof of identity
Specific details of information required1
PJB GLASS GROUP LTD
(GlassTeq Sealed Units / SunShade Blind Systems)
STANDARD TERMS AND CONDITIONS
FOR THE SALE OF GOODS
1. Application of Conditions
The Seller shall sell and the Buyer shall purchase the Goods in accordance with
any quotation or offer of the Seller which is accepted by the Buyer, or any order of
the Buyer which is accepted by the Seller, subject in either case to these
Conditions, which shall govern the Contract to the exclusion of any other terms
and conditions subject to which any such quotation is accepted or purported to be
accepted, or any such order is made or purported to be made, by the Buyer.
2. Interpretation
2.1 In these Conditions:-
“Business Day” means any day other than a Saturday, Sunday or bank holiday;
and
“the Buyer” means the person who accepts a quotation or offer of the Seller
for the sale of the Goods or whose order for the Goods is
accepted by the Seller;
“the Contract” means the contract for the purchase and sale of the Goods
under these conditions;
“these means the standard terms and conditions of sale set out in
Conditions” this document and (unless the context otherwise requires)
includes any special terms and conditions agreed in writing
between the Buyer and the Seller;
“the Delivery means the date on which the Goods are to be delivered as
Date” stipulated in the Buyer’s order and accepted by the Seller;
“the Goods” means the goods (including any instalment of the goods or any
parts for them) which the Seller is to supply in accordance with
these Conditions;
“month” means a calendar month;
“the Seller” means a trading company of PJB Glass Group Ltd, a company
registered in England under No. 05717094;
“writing” includes any communications effected by telex, email, facsimile
transmission or any comparable means.
2.2 Any reference in these Conditions to a statute or a provision of a statute
shall be construed as a reference to that statute or provision as amended,
re-enacted or extended at the relevant time.
2.3 The headings in these Conditions are for convenience only and shall not
affect their interpretation.
2
3. Basis of Sale
3.1 The Seller’s employees or agents are not authorised to make any
representations concerning the Goods unless confirmed by the Seller in
writing. In entering into the Contract the Buyer acknowledges that it does
not rely on, and waives any claim for breach of, any such representations
which are not so confirmed.
3.2 No variation to these Conditions shall be binding unless agreed in writing
between the authorised representatives of the Buyer and the Seller.
3.3 Sales literature, price lists and other documents issued by the Seller in
relation to the Goods are subject to alteration without notice and do not
constitute offers to sell the Goods which are capable of acceptance. An
order placed by the Buyer may not be withdrawn cancelled or altered prior
to acceptance by the Seller and no contract for the sale of the Goods shall
be binding on the Seller unless the Seller has issued a quotation which is
expressed to be an offer to sell the goods or has accepted an order placed
by the Buyer by whichever is the earlier of:-
(a) the Seller’s written acceptance;
(b) delivery of the Goods; or
(c) the Seller’s invoice.
3.4 Any typographical, clerical or other accidental errors or omissions in any
sales literature, quotation, price list, acceptance of offer, invoice or other
document or information issued by the Seller shall be subject to correction
without any liability on the part of the Seller.
4. Orders and Specifications
4.1 No order submitted by the Buyer shall be deemed to be accepted by the
Seller unless and until confirmed in writing by the Seller’s authorised
representative.
4.2 The specification for the Goods shall be those set out in the Seller’s sales
documentation unless varied expressly in the Buyer’s order (if accepted by
the Seller). The Goods will only be supplied in the minimum units (or
multiples) stated in the Seller’s price list or in multiples of the sales outer
as specified. Orders received for quantities other than these will be
adjusted accordingly, illustrations, photographs or descriptions whether in
catalogues, brochures, price lists or other documents issued by the Seller
are intended as a guide only and shall not be binding on the Seller.
4.3 The Seller reserves the right to make any changes in the specification of
the Goods which are required to conform with any applicable safety or
other statutory or regulatory requirements or, where the Goods are to be
supplied to the Seller’s specification, which do not materially affect their
quality or performance.
4.4 No order which has been accepted by the Seller may be cancelled by the
Buyer except with the agreement in writing of the Seller on the terms that
the Buyer shall indemnify the Seller in full against all loss (including loss of
3
profit), costs (including the cost of all labour and materials used),
damages, charges and expenses incurred by the Seller as a result of
cancellation.
5. Price of Goods
5.1 The price of the Goods shall be the price listed in the Seller’s published
price list current at the date of acceptance of the Buyer’s order or such
other price as may be agreed in writing by the Seller and the Buyer.
5.2 Where the Seller has quoted a price for the Goods other than in
accordance with the Seller’s published price list the price quoted shall be
valid for 30 days only or such lesser time as the Seller may specify.
5.3 The Seller reserves the right, by giving notice to the Buyer at any time
before delivery, to increase the price of the Goods to reflect any increase
in the cost to the Seller which is due to any factor beyond the control of the
Seller (such as, without limitation, any foreign exchange fluctuation
currency regulation, alteration of duties, significant increase in the costs of
labour, materials or other costs of manufacture), any change in delivery
dates, quantities or specifications for the Goods which is requested by the
Buyer, or any delay caused by any instructions of the Buyer or failure of
the Buyer to give the Seller adequate information or instructions.
5.4 The Seller will allow the Buyer quantity discounts subject to and in
accordance with the conditions, if set out in the Seller’s published price list
for the Goods current at the date of acceptance of the Buyer’s Order.
5.5 Any settlement discount specified by the Seller in the Contract will be
allowed by the Seller to the Buyer in respect of Goods for which payment
is received by the Seller on or before the due date and otherwise in
accordance with the payment terms set out in these Conditions and
provided that no other amounts owing by the Buyer to the Seller are
overdue and unpaid.
5.6 Except as otherwise stated under the terms of any quotation or in any
price list of the Seller, and unless otherwise agreed in writing between the
Buyer and the Seller, all prices (for orders of more than £50) are inclusive
of the Seller’s charges for packaging and transport to the location in the
United Kingdom specified in the Buyer’s order.
5.7 The price is exclusive of any applicable value added tax excise, sales or
taxes or levies of a similar nature which are imposed or charged by any
competent fiscal authority in respect of the Goods, which the Buyer shall
be additionally liable to pay to the Seller.
5.8 The cost of pallets and returnable containers will be charged to the Buyer
in addition to the price of the Goods, but full credit will be given to the
Buyer provided they are returned at the Buyer’s expense undamaged to
the Seller.
4
6. Terms of Payment
6.1 Subject to any special terms agreed in writing between the Buyer and the
Seller, the Seller shall invoice the Buyer for the price of the Goods on or at
any time after delivery of the Goods, unless the Goods are to be collected
by the Buyer or the Buyer wrongfully fails to take delivery of the Goods, in
which event the Seller shall be entitled to invoice the Buyer for the price at
any time after the Seller has notified the Buyer that the Goods are ready
for collection or (as the case may be) the Seller has tendered delivery of
the Goods.
6.2 The Buyer shall pay the price of the Goods (less any discount or credit
allowed by the Seller, but without any other deduction credit or set off)
within 30 days of the date of the Seller’s invoice. Payment shall be made
on the due date notwithstanding that delivery may not have taken place
and/or that the property in the Goods has not passed to the Buyer. The
time of the payment of the price shall be of the essence of the Contract.
Receipts for payment will be issued only upon request.
6.3 All payments shall be made to the Seller in Pounds Sterling at its office as
indicated on the form of acceptance or invoice issued by the Seller.
6.4 The Seller is not obliged to accept orders from any customer or buyer who
has not supplied the Seller with references satisfactory to the Seller; if at
any time the Seller is not satisfied as to the creditworthiness of the Buyer it
may give notice in writing to the Buyer that no further credit will be allowed
to the Buyer in which event no further goods will be delivered to the Buyer
other than against cash payment and notwithstanding Clause 6.2 of these
conditions, all amounts owing by the Buyer to the Seller shall be
immediately payable in cash.
7. Delivery
7.1 Delivery of the Goods shall be made by the Seller delivering the Goods to
the place in the United Kingdom specified in the Buyer’s order and/or the
Seller’s acceptance as the location to which the Goods are to be delivered
by the Seller or, if no place of delivery is so specified, by the Buyer
collecting the Goods at the Seller’s premises at any time after the Seller
has notified the Buyer that the Goods are ready for collection.
7.2 The Delivery Date is approximate only and time for delivery shall not be of
the essence unless previously agreed by the Seller in writing. The Goods
may be delivered by the Seller in advance of the Delivery Date upon giving
reasonable notice to the Buyer.
7.3 Where delivery of the Goods is to be made by the Seller in bulk, the Seller
reserves the right to deliver up to 10 per cent more or 10 per cent less
than the quantity ordered without any adjustment in the price, and the
quantity so delivered shall be deemed to be the quantity ordered.
7.4 Where the Goods are to be delivered in instalments, each delivery shall
constitute a separate contract and failure by the Seller to deliver any one
or more of the instalments in accordance with these Conditions or any
claim by the Buyer in respect of any one or more instalments shall not
entitle the Buyer to treat the Contract as a whole as repudiated.
5
7.5 If the Buyer fails to take delivery of the Goods or any part of them on the
Delivery Date and/or fails to provide any instructions, documents, licences,
consents or authorisations required to enable the Goods to be delivered
on that date, the Seller shall be entitled upon given written notice to the
Buyer to store or arrange for the storage of the Goods and then
notwithstanding the provision of Clause 8.1 of these Conditions risk in the
Goods shall pass to the Buyer, delivery shall be deemed to have taken
place and the Buyer shall pay to the Seller all costs and expenses
including storage and insurance charges arising from such failure.
8. Risk and Property
8.1 Risk of damage to or loss of the Goods shall pass to the Buyer at:-
(a) in the case of Goods to be delivered at the Seller’s premises, the time
when the Seller notifies the Buyer that the Goods are available for
collection; or
(b) in the case of Goods to be delivered otherwise than at the Seller’s
premises, the time of delivery or, if the Buyer wrongfully fails to take
delivery of the Goods, the time when the Seller has tendered delivery of
the Goods.
8.2 Notwithstanding delivery and the passing of risk in the Goods, or any other
provision of these Conditions, the property in the Goods shall not pass to
the Buyer until the Seller has received in cash or cleared funds payment in
full of the price of the Goods and all other goods agreed to be sold by the
Seller to the Buyer for which payment is then due.
8.3 Until such time as the property in the Goods passes to the Buyer:-
(a) the Buyer shall hold the Goods as the Seller’s fiduciary agent and
bailee, and shall keep the Goods separate from those of the Buyer and
third parties and properly stored, protected and insured and identified
as the Seller’s property;
(b) the Buyer shall be entitled to resell or use the Goods in the ordinary
course of its business, but shall account to the Seller for the proceeds
of sale or otherwise of the Goods, whether tangible or intangible,
including insurance proceeds, and shall keep all such proceeds
separate from any moneys or property of the Buyer and third parties
and in the case of tangible proceeds, properly stored, protected and
insured; and
(c) provided the Goods are still in existence and have not been resold, the
Seller shall be entitled at any time to require the Buyer to deliver up the
Goods to the Seller and, if the Buyer fails to do so forthwith, to enter
upon any premises of the Buyer or any third party where the Goods
are stored and repossess the Goods.
8.4 The Buyer shall not be entitled to pledge or in any way charge by way of
security for any indebtedness any of the goods which remain the property
of the Seller, but if the Buyer does so all money owing by the Buyer to the
Seller shall (without prejudice to any other right or remedy of the Seller)
forthwith become due and payable.
6
8.5 General Data Protection Regulations can be found at Appendix B to these
Terms and Conditions.
9. Seller’s Default
9.1 If the Seller fails to deliver the Goods or any of them on the Delivery Date
other than for reasons outside the Seller’s reasonable control or the
Buyer’s or its carrier’s fault:-
(a) if the Seller delivers the Goods at any time thereafter the Seller shall
have no liability in respect of such late delivery;
(b) if the Buyer gives written notice to the Seller within ten business days
after the Delivery Date and the Seller fails to deliver the Goods within
four business days after receiving such notice the Buyer may cancel
the order and the Seller’s liability shall be limited to the excess (if any)
of the cost of the Buyer (in the cheapest available market) of similar
goods to those not delivered over the price of the Goods not delivered.
9.2 The Seller shall not be liable to the Buyer or be deemed to be in breach of
the Contract by reason of any delay in delivery or in performing, or any
failure to perform, any of the Seller’s obligations in relation to the Goods, if
the delay or failure was due to any cause beyond the Seller’s reasonable
control. Without prejudice to the generality of the foregoing, the following
shall be regarded as causes beyond the Seller’s reasonable control:-
(a) act of God, explosion, flood, tempest, fire or accident;
(b) war or threat of war, sabotage, insurrection, civil disturbance or
requisition;
(c) acts, restrictions, regulations, byelaws, prohibitions or measures of any
kind on the part of any governmental. Parliamentary or local authority;
(d) import or export regulations or embargoes; and/or
(e) strikes, lockouts or other industrial actions or trade disputes (whether
involving employees of the Seller or of a third party).
10. Defective Goods
10.1 If on delivery any of the Goods are defective in any material respect and
either the Buyer lawfully refuses delivery of the defective Goods or, if they
are signed for on delivery “condition and contents unknown” the Buyer
gives written notice of such defect to the Seller within three business days
of such delivery, the Seller shall at its option:-
(a) replace the defective Goods within 14 days of receiving the Buyer’s
notice; or
(b) refund to the Buyer the price for the goods which are defective;
but the Seller shall have no further liability to the Buyer in respect thereof
and the Buyer may not reject the Goods if delivery is not refused or notice
give by the Buyer as aforesaid.
7
10.2 No Goods may be returned to the Seller without the prior agreement in
writing of the Seller. Subject thereto any Goods returned which the Seller
is satisfied were supplied subject to defects of quality or condition which
would not be apparent on inspection shall either be replaced free of
charge or, at the Seller’s sole discretion the Seller shall refund or credit to
the Buyer the price of such defective Goods but the Seller shall have no
further liability to the Buyer.
10.3 The Seller shall be under no liability in respect of any defect arising from
fair wear and tear, or any wilful damage, negligence, subjection to normal
conditions, failure to follow the Seller’s instructions (whether oral or in
writing), misuse or alteration of the Goods without the Seller’s approval, or
any other act or omission on the part of the Buyer, its employees or agents
or any third party.
10.4 Goods, other than defective Goods returned under Conditions 10.1 or
10.2, returned by the Buyer and accepted by the Seller may be credited to
the Buyer at the Seller’s sole discretion and without any obligation on the
part of the Seller. Where Goods returned to the Seller are not resaleable
they will not be considered for credit and will be destroyed by the Seller at
the Buyer’s expense in the interests of safety. A handling charge of up to
20% of the value of the Goods returned by the Buyer may be charged by
the Seller.
10.5 Subject as expressly provided in these Conditions, and except where the
Goods are sold under a consumer sale, all warranties, conditions or other
terms implied by statute or common law are excluded to the fullest extent
permitted by law.
10.6 Where the Goods are sold under a consumer sale the statutory rights of
the Buyer are not affected by these Conditions.
10.7 Except in respect of death or personal injury caused by the Seller’s
negligence, or as expressly provided in these Conditions, the Seller shall
not be liable to the Buyer by reason of any representation, or any implied
warranty, condition or other term, or any duty at common law or under
statute, or under the express terms of the Contract, for any direct or
consequential loss or damage sustained by the Buyer (including without
limitation loss of profit or indirect or special loss), costs, expenses or other
claims for consequential compensation whatsoever (and whether caused
by the negligence of the Seller, its servants or agents or otherwise) which
arise out of or in connection with the supply of the Goods or their use or
resale by the Buyer.
10.8 The Buyer shall be responsible to ensure that, except to the extent that
instructions as to the use or sale of the Goods are contained in the
packaging or labelling of the Goods, any use or sale of the Goods by the
Buyer is in compliance with all applicable statutory handling and sale of
the Goods by the Buyer is carried out in accordance with directions given
by the Seller or any competent governmental or regulatory authority and
the Buyer will indemnify the Seller against any liability loss or damage
which the Seller might suffer as a result of the Buyer’s failure to comply
with this condition.
8
11. Buyer’s Default
11.1 If the Buyer fails to make any payment on the due date then, without
prejudice to any other right or remedy available to the Seller, the Seller
shall be entitled to:-
(a) cancel the order or suspend any further deliveries to the Buyer;
(b) appropriate any payment made by the Buyer to such of the Goods (or
the goods supplied under any other contract between the Buyer and
the Seller) as the Seller may think fit (notwithstanding any purported
appropriation by the Buyer); and
(c) charge the Buyer interest (both before and after any judgement) on the
amount unpaid, at the rate of two per cent per annum above National
Westminster Bank plc base rate from time to time, until payment in full
is made (a part of a month being treated as a full month for the
purpose of calculating interest).
11.2 This condition applies if:-
(a) the Buyer fails to perform or observe any of its obligations
hereunder or is otherwise in breach of the Contract; or
(b) the Buyer becomes subject to an administration order or makes
any voluntary arrangement with its creditors (within the
meaning of the Insolvency Act 1986) or (being an individual or
firm) becomes bankrupt or (being a company) goes into
liquidation; or
(c) an encumbrance takes possession, or a receiver is appointed,
of any of the property or assets of the Buyer; or
(d) the Buyer ceases, or threatens to cease, to carry on business;
or
(e) the Seller reasonably apprehends that any of the events
mentioned above is about to occur in relation to the Buyer and
notifies the Buyer accordingly.
11.3 If Condition 11.2 applies then, without prejudice to any other right or
remedy available to the Seller, the Seller shall be entitled to cancel the
Contract or suspend any further deliveries under the Contract without any
liability to the Buyer, and if the Goods have been delivered but not paid for
the price shall become immediately due and payable notwithstanding any
previous agreement or arrangement to the contrary.
11.4 All goods due for collection must be collected within 28 days of
manufacture. If collection of goods is not made within 28 days of
manufacture the goods will be disposed of without the facility of any refund
being available or given.
9
12. Sealed Units – Technical
12.1 Legislation dictates a minimum standard of the thermal performance of
sealed units. The basic standard is classified as ‘C’ rated whilst the
premium standard is ‘A’ Rated (as classified by the British Fenestration
Ratings Council.
12.2 Sealed units in UK residential double glazing are normally 28mm in depth
and a standard sealed unit will comprise 4mm Clear Glass, a 20 mm cavity
and 4mm Clear Glass. All sealed units in doors and their surrounding area
must be toughened in accordance with Building Regulations.
12.3 All annealed orders for sealed unit over 1.5 square meters will automatically
be toughened glass and charged accordingly.
12.4 Sealed units can be coated inside with a ‘Low Emissivity coating to enable
them to achieve energy performance standards required.
12.5 If no spacer bar is specified n orders then they will be automatically
assumed to be a silver aluminum spacer bar and will be manufactured
accordingly.
12.4 It is possible to have sealed units with Georgian Bar and decorative bevels
etc., obscured and tinted glass, laminated and fire rated glass. Georgian
Bar is available in 18mm and 25mm as standard.
12.5 Larger sealed units may be manufactured but if any units exceed 2.3 square
meters in area then they will be manufactured in 6mm glass and not the
standard 4mm glass. This it to ensure the units can accommodate windage
and other loads, and to comply with manual Health and Safety regulations.
12.6 Deliveries of sealed units will be made between 08.00 and 17.00 every
Workday wherever possible.
12.7 The standard minimum area charge will be 0.3 square meters.
12.8 Fan holes in sealed units will need to be a minimum of 75mm from the edge
of the glass on any side.
12.9 All triple glazed sealed units will be made of toughened glass throughout.
12.10 Sealed units can be manufactured with the inclusion of integral Venetian
blinds. Specific Terms and Conditions for integral Venetian blinds sealed
units are at Appendix A at the end of this document.
12.11 Amendments to orders received may be made providing the orders have not
been processed nor submitted to Production for manufacture. If orders are
received outside the latter parameters the orders will be considered new
orders and charge accordingly.
12.12 The Glass and Glazing Federation (GGF) issue guidelines on the standards
considered acceptable for the visual aspects of sealed units. For example
units should be viewed from a distance of two meters (annealed) or three
meters (toughened or coated), viewed at 90 degrees to the unit and in
overcast conditions. All complaints concerning the visual acceptability of
sealed units will be strictly judged by the GGF Guidelines.
10
12.13 All sealed units are guaranteed against failure for 5 years from Date of
Delivery providing the storage and installation of the sealed units meet all
aspects of the GGF Guidelines. However, Low Sightline sealed units (or
‘Heritage’ sealed units) as specified by the GGF (with either cavity widths
between 4mm and 8mm or with an edge seal of less than 6mm) are
expressly excluded from any guarantee or warranty. Policy concerning
consequential loss, damage or costs are contained in Para 10.8 above.
13. Confidentiality, Publications and Endorsements
13.1 The Buyer undertakes to the Seller that:-
(a) the Buyer will regard as confidential the contract and all information
obtained by the Buyer relating to the business and/or products of the
Seller and will not use or disclose to any third party such information
without the Seller’s prior written consent provided that this undertaking
shall not apply to information which is in the public domain other than
by reason of the Buyer’s default;
(b) The Buyer will not use or authorise or permit any other person to use
any name, trademark, house mark, emblem or symbol which the Seller
is licensed to use or which is owned by the Seller upon any premises
note paper visiting cards advertisement or other printed matter or in
any other manner whatsoever unless such use shall have been
previously authorised in writing by the Seller and (where appropriate)
its Licensor;
(c) The Buyer will use all reasonable endeavours to ensure compliance
with this Condition by its employees, servants and agents.
This Condition shall survive the termination of the Contract.
14. General
14.1 Any notice required or permitted to be given by either party to the other
under these Conditions shall be in writing addressed to the other party at
its registered office or principal place of business or such other address as
may at the relevant time have been notified pursuant to this provision to
the party giving the notice.
14.2 No waiver by the Seller of any breach of the Contract by the Buyer shall
be considered as a waiver of any subsequent breach of the same or any
other provision.
14.3 If any provision of these Conditions is held by any competent authority to
be invalid or unenforceable in whole or in part the validity of the other
provisions of these Conditions and the remainder of the provision in
question shall not be affected thereby.
14.4 The Contract shall be governed by the laws of England.
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APPENDIX A
TERMS & CONDITIONS OF SALE – INTEGRAL VENETIAN BLINDS
(SUNSHADE BLIND SYSTEMS)
These Terms and Conditions of Sales apply solely to sealed units containing
integral Venetian blinds. The PJB Glass Group Standard Terms and Conditions
ForThe Sales of Goods have precedence over these subsidiary Terms and
Conditions of Sale.
Any quotation supplied by The PJB GLASS GROUP LTD is done so using the
information given at the time of enquiry, should the glass specification change for
any reason please contact for re-quoting. Toughened safety Glass is used in all
blind systems supplied and the use of 6mm Glass in area’s greater than 1.5m2.
It is the responsibility of the Specifier/Purchaser to satisfy themself that the
glass specified is thermally safe. If in doubt please make contact for advice.
All Products are quality inspected before dispatch to ensure there are no defects,
and that Products operates satisfactorily and within manufacturing tolerances.
Quotation/Prices/Warranty:
The prices quoted are strictly NETT and are not subject to any monthly
settlement discount.
Prices quoted are exclusive of VAT which will be charged at the rate applicable
when invoiced.
Acceptance of an order and contract to supply the goods quoted would be subject
to the purchasers account status with PJB Glass Group Ltd prior to acceptance and
must be in writing.
Accounts: may be granted subject to credit search and application, 30
days NETT monthly (PJB Discretion)
Non Account Customers will be required to pay in full or a 50% deposit with order,
with any balance due prior to delivery
All Goods remain the property of The PJB Glass Group Ltd until paid for in full
The prices on any quotation By The PJB Glass Group Ltd are open for
acceptance within 30 days from the date of issue and delivery of the goods being
taken within 3 months from the end of the acceptance period.
Warranty Period from date of supply is 5 Years for manual products and 2 Years for
electric/motorised products.
Minimum area charge: 0.3m2.
Lead Time:
Every effort is made to ensure that the delivery is within the lead time quoted at the
time of order, liability will not be accepted for unforeseen circumstances which
prolong the delivery lead time, The Pull Cord system is to be transported WITHOUT
the controller attached and either lying on its longest edge or with the head rail at
the bottom, whilst the slider system should be transported WITH THE MAGNETS
ON the sealed units and with the head rail at the top or lying on its longest edge.
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Product Control Types:
Manual Systems are offered with a Pull Cord, control knob or wand operation OR a
Sliding Magnet with Guide rails for commercial application and WITHOUT guide
rails for domestic application, it is the customer’s responsibility to state which option
is required.
Delivery:
Normal delivery lead times for Manual Blinds are aprox 4 weeks from Order and
Deposit; electrically operated blind systems are 5-6 weeks from order and
deposit. We endeavor to supply in week 4 after receiving the order, however this
may vary due to factory limitations and holiday periods beyond our control.
Any complaints about the condition of blinds on delivery are to be passed to
Sunshade Blinds Systems within three days of delivery.
Cancellation:
Goods cancelled after 3 days of receiving the order will carry a charge for the
material costs incurred at that time and any administration charges deemed
necessary up to the
point of cancellation.
Storage Charges/Stillage’s:
1. Storage for periods up to and including 7 days after the agreed delivery date
will be free of charge.
2. Storage for periods longer than 7 days will incur a charge of £3 per m2 for each
week, or part week, of storage. Charges will be calculated and invoiced monthly.
This estimate is based on delivery for commercial contracts to site being on metal
or timber stillage’s for crane offload, if under slung when lifting, or fork lift off
loading from the vehicle to hard standing. Delivery via multi drop vehicles for
smaller volumes or delivery to customer premises based on vehicle mounted
stillage’s for offloading by hand. Delivery on metal stillage’s is conditional on them
being made available for collection within 15 days of delivery, at our expense,
providing they are at the original delivery address and that you provide loading and
access facilities. This can be extended
without charge for a further 7 days by application to our office should the site fall
behind. After a further 7 days the stillage’s will be invoiced at £350 per stillage to
allow us to purchase replacements to facilitate continuity of supply. The maximum
weight of glass per stillage is 2000 kgs, unit thickness and glass size permitting.
Each stillage carries a unique number that will appear on the delivery note which
you or your representative
will be asked to sign.
Note: Maximum height of glass on metal stillage’s is 2200mm.
Note: Maximum height on special timber A frames is 1900mm.
Compliance:
The Building Regulations for England and Wales require that most double glazed
units incorporate a low emissivity glass. If you have not allowed for this in the
construction of the units then please refer to the Building Regulations to ensure
that your offer to your client will meet the required standards, it is the purchaser’s
responsibility to comply with current UK regulations.
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Extended Warranty & Exclusions ( The Blind )
The warranty is provided for the IN2GLASS product, i.e., the blind system that is
located between the glasses, only (the “Product”).
Liability under this warranty is limited solely to the replacement of the Product in the
cases where this warranty applies. This warranty shall be valid for a period of 5
years for manual blinds and 2 years for electric/motorised blinds, excluding external
controls which carry a 12month warranty, following the date of purchase of the
Product, subject to the following terms:
Any claims made under this warranty will only be handled subject to the
submission of the purchase receipt of the defective Product also showing the
purchase date.
This Warranty shall only apply to manufacturing or material defects in the
Products. The warranty will not cover:-
* The cost of removal and/or reinstallation of the Product or glasses
(Consequential loss).
* Damage or defects caused by incorrect unit measurements or unit fitting as
stated in the Fitting Instructions
* Damages resulting from abuse, misuse, accidents or alterations to the Product.
* Damages resulting from failure to follow the instructions with respect to the
Product, including in relation to measurement, proper installation, cleaning,
maintenance and making changes in the structure of the double glazed unit.
* Damages due to exposure of the Product to any chemicals, including chemicals
used to seal the edge of the unit. This includes installations in areas of high
humidity and chemicals in the atmosphere. In such installations (e.g. swimming
pools) the units should be bedded and capped in an inert silicone e.g. U9, and
frame drainage should be enhanced.
* Damages due to the exposure of the Product to variable thermal conditions,
including fractures resulting from tension created by local or partial heating units,
large temperature variations and/or barometric pressure changes and
geographical altitude.
* Differences in the pressure required to operate a blind. These may be due to a
number of causes including changes in the atmospheric pressure, changes in
temperature and the manner in which the insulated glass unit is installed.
* Defects in the Product in any case where the insulating double glazed unit
was harmed or the units were not placed in a vertical position.
* Defects to the Product or the Glasses due to the ladder cords touching the
coated glass.
* Unevenness in the Product where the slats do not sit centrally within
the Cassette after installation
* Defects in the side rail positions due to lack of packing under the side
rails
* The internal ladder cord distorting as the blind is being stacked and
causing unevenness in the stack.
* Any visual effect on the surface of coated glasses, to include any internal
scratches must be noted to us up to a period of 3 months from supply, outside of
this time frame will not be considered for replacement. We recommend coated
performance glass on the inner pane.
* Magnets that have rusted due to internal moisture content.
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Extended warranty applications will be subject to a revised quotation, whilst we
endeavor to make the product to the highest standard. There are visual effects
that are beyond our control and are not subject to any warranty claim, these
include the following items:
Tolerances
Frame
Due to the expansion and contraction of the unit as a whole, the aluminium spacer
bar and/or the frame (Cassette) it may be possible that small gaps appear in the
joints between the top, bottom and side rails (of the Cassette). This is permissible
providing the gaps do not exceed 3mm.
Cords and Tapes:
Due to the sum of the tolerances of the cord diameters and of the internal raising
mechanism, it is possible for there to be a slight inclination of the bottom rail when
raising the blind. This inclination is more marked in tall and narrow blinds. For this
reason, sizes with these geometrical configurations, which are considered critical
should be noted at the time of ordering and may not be included in the price list. It
is also possible as a result of shrinkage of the raising cords, and also of the ladder
tape, for the bottom rail to remain raised. Please remember that the materials of
which both the cords and the ladder tapes are made undergo shortening as the
temperature rises and lengthening as the temperature raises & falls. The
coefficient of variation in length which is characteristic of these materials is about
0.02%/°C. For example, if a blind1000 mm long undergoes a temperature
increase of 50 °C compared with the temperature of manufacture, it will contract
by 10 mm. It is also possible for packing in the ladder tapes and the dead weight
of the bottom rail to cause the rail to bend. This bending also occurs to a lesser
degree with tilting-only blinds, As the blind is raised, the folding of the ladder tapes
does not occur in a regular and constant fashion. This variation can cause
deviation of the slats from the Horizontal as they pack. This does not constitute a
reason for a claim.
Depending on the width of the blind it may be necessary for central cords to be
fitted to provide support to the middle of the slats. Unlike the cords which raise the
blinds (they pass through holes in the slats) the central cords are ‘floating’ and not
attached to the slats in any way. As a result the central cords may move sideways
and thus not stack vertically when the slats are raised. The placement of the central
cords can be affected by a sideways movement of the blind unit e.g. in doors and
especially in sliding all doors. This does not constitute a reason for a claim.
Bottom rail:
With reference to standard EN 13120, the maximum acceptable inclination of the
bottom rail with respect to the mid-point is +/-7.5 mm (15 mm total), without
distinction as to the position of the blind. The Sunshade production standard
specifies tolerance measurements with the blind in three positions.
*The allowable tolerance on the dimensions of the screen: Width 0 mm / mm -1.
Height 0 mm / mm -1.
15
*Tolerance on parallelism of the bottom rail + / – 5 mm.
*Tolerance on the bending of the bottom rail –
Up to1.5 meters = 5mm,
Between 1.5 – 2.2 meters = 10 mm,
More than 2.2 meters = 15 mm.
Correct slat Closure:
Take up a position 1 m from the inner sheet of glass, after identifying the line on
the unit corresponding to eye-level look outwards at the level hidden by the slats, it
should not be possible to observe objects behind the unit at the observers eye
level.
Note. As a consequence of this tolerance, it is possible for neighboring blinds to
have different degrees of closure.
It is not necessary for slats to sit centrally within the Cassette for the correct
operation of the blind.
Non Conformity:
Assessment of all non-conformities in Sunshade products must be based on visual
observation of the blind fitted inside the cavity of the insulated glass unit. This
assessment relates only to visible elements of the blind including head-rail, slats,
bottom rail, side rails and spacer bars. Evaluation of the quality of the glass is not
the subject of this assessment standard.
Assesment of the Blinds
Assessment of the quality of the blind must comply with what is
specified in the following points:
• The double-glazed unit with the Sunshade blind incorporated must be
positioned vertically, as specified when glazed.
• The blind must be lowered and the slats tilted to approximately 45°
• The observer must be positioned at a distance of 2 m from the unit with line of
sight perpendicular to the surface of the unit on both sides.
• The assessment must not be carried out with direct sunlight falling on the slats.
Assessment of the Glass
All quality standards for the glass of the insulated glass units are assessed by the
Glass and Glazing Federation, Quality of Vision, Double Glazing standards.
Site Visits
On occasion a customer may feel that a technical site visit is required by a
Sunshade/PJB Glass Group representative. It should be noted that a charge will be
raised for such visits should it be discovered that these Terms and Conditions have
not be complied with.
Please visit www.sunshadeblindsystems.co.uk to obtain any technical specification
16
APPENDIX B
Privacy (General Data Protection Regulations)
We hold your Company Name, Address, Contact Names, Telephone Numbers and email
addresses
We use these details to process your orders, deliveries, invoices, statements and any other
associated paperwork / correspondence.
Sometimes we will where necessary or required share information with the following
PJB Staff
Credit Reference Agencies
Central Government
Police Forces & Security Organisations
Debt Collection & Tracing Agencies
Trade Reference Information passed on includes, but is not limited to
Date the account was opened
Current Credit Limit (if applicable)
Payment Terms
If the customer complies with the Credit Terms
Electronic Data is stored on password protected computers and is backed up regularly
by a secure back up system.
Although we don’t regularly send out promotional information, we would like to send special
offers
and information regarding new services or products if we feel it is beneficial to you as our
customer.
If you do not want to receive promotional material or would like to request
a copy of all personal data about you that is held by us please email
accounts@pjbglassgroup.com
For personal data requests, we will require
Proof of identity
Specific details of information required