Vista Glaze Limited
Terms and Conditions of Sale
In the terms and conditions Vista Glaze Ltd (trading as Bifoldsdirect.com) is referred to as “the seller” and the party who places the order, negotiates or otherwise deals with Vista Glaze Ltd is referred to as the “the buyer”
These terms and conditions shall apply to all quotations given by the seller and to all negotiations, contracts or other dealings whatsoever between the seller and the buyer whether arising in writing, by telephone or otherwise howsoever and whether existing or in the future, unless otherwise expressly agreed in writing by the seller.
3. Sellers conditions to prevail
These terms and conditions shall prevail over any terms and conditions stipulated by the buyer whether in the order, negotiations or otherwise howsoever. If the buyer’s terms and conditions contain any provision which purports to cause them to prevail over the sellers terms and conditions the buyers provision shall be of no effect and the sellers conditions shall prevail.
4. Quotations and acceptance of order
(a) No quotation whatsoever by the seller shall constitute an offer and the seller reserves the right to withdraw or amend any quotation at any time prior to the sellers acceptance of the buyers order.
(b) Any acceptance given by the seller by telephone shall not bind the seller unless and until confirmed in writing.
(c) Unless a survey has been carried out on behalf of the seller any dimensions for goods are provided by the buyer, the seller accepts no responsibility whatsoever for any products not fitting providing the products are made to the buyers given dimensions.
5. Force Majeure etc
Any quotation given by the seller and any agreement between seller and buyer is subject to materials and labour being and remaining available. Due to performance by the seller of its obligation is subject to cancellation, variation or suspension in the event of an act of God, war, riot or civil disturbance, strike, lockout or other labour dispute or threat or apprehension thereof, fire, flood, drought, accident, legislation, requisitioning or other act or order by any government department, local authority or councillor other duly constituted authority, or any other cause, whether of the foregoing classes or not, beyond the sellers control. In the event of such cancellation, variation or suspension, no liability whatsoever shall attach to the seller.
(a) The buyer may only cancel any order which has been accepted by the seller with the consent in writing of the seller
(b) Any loss, expense or charge caused to the seller by any such cancellation by the buyer shall be discharged by the buyer, unless the same is waived in writing by the seller
7. Buyers Materials
Any agreement whereby the seller agrees to handle, work, transport or otherwise deal with glass or other goods or materials provided by the buyer shall be subject to a condition that such terms are at the buyers risk at all times
(a) The buyer acknowledges that he was not induced to place any order or make any agreement with the seller as a result wholly or in part, of any representation or warranty of whatsoever nature made to him by the seller, its servants or agents
(b) The seller shall be under no liability in respect of any statement made to the buyer whether or not the same was given at the buyer’s request.
9. Deliveries and Risk
(a) Any delivery date or time stated by the seller shall be approximate only and time, whether of delivery or otherwise, shall not be of the essence and the seller shall be under no liability whatsoever in respect of any loss due to late or early delivery, howeverso arising
(b) If the buyer fails to take immediate delivery of goods, the subject of any order, when delivery is tendered by the seller, the seller shall be entitled to
I. Immediate payment in full for the said goods and
II. The costs, if any, incurred in sorting the said goods and
III. Any further or other costs caused by the buyers said failure to take immediate delivery the subject of any order, when delivery
(c) Goods, the subject of any agreement between seller and buyer, shall be deemed to have been delivered in good condition to the buyers assigned delivery address and the risk therein shall pass upon signature from site of accepted delivery.
(d) Goods shall be deemed to have been delivered in good condition and in accordance with the terms of the agreement between the buyer and the seller unless the buyer notifies the seller to the contrary within 48 hours of said delivery. In the event of defective and established by the buyer the seller shall, in its absolute discretion either replace the ordered goods or credit the buyer with the full purchase price but shall be under no liability for further or consequential loss to the buyer, howsoever arising.
Made to order non standard or special products may be amended within a 48-hour period of ordering, by contacting the seller. If you amend your order more than 48 hours after being placed the seller reserves the right to charge the buyer any costs incurred in relation to the order, however this shall not be more than 50% of the total price of the ordered products. No cancellations are permitted after 48 hours unless production of bespoke items has not yet commenced.
11. Price and Terms of Payment
(a) Acceptance of an order by the seller is on the basis that if between the date of the order and then date of delivery there are any variations in the costs of materials, overhead, expenses, labour, transport or any other costs which increase the price of the goods, howsoever arising, the seller shall be entitled to charge the buyer a sum additional to the contract price in respect of such variations
(b) Whether VAT is included in any quotation by the seller or not, it is a condition that VAT should be chargeable on any goods, it will be payable, at the rate applying at the date of payment of the price, in addition to the agreed contract price.
(c) Where sizes are taken from drawings for quotation purposes, the seller cannot accept liability for the accuracy of such sizes and the actual sizes supplied and/or glazed will be chargeable
(d) Payment for goods shall be made as per agreed between buyer and seller
(e)The cost of unloading at site is not included in the contract price unless otherwise stated. Any assistance given by a third party in unloading is entirely at their own risk.
11 Ownership and passing of title, default and insolvency, bankruptcy etc.
(a) All goods delivered by the seller to or to the order of the buyer shall remain the sole and absolute property of the seller as legal and equitable owner until signed for by the buyer or their customer acknowledging the goods were delivered and received in good condition.
(b) Once delivery note is signed the buyer becomes the owner of the goods subject to making full payment within agreed terms.
(c) Upon receipt of signed delivery note by the seller an invoice will be issued to the buyer who agrees to pay outstanding amount within the agreed time period.
(d) The buyer remains solely responsible for full payment to the supplier regardless of any third party involvement, transaction or agreement whatsoever they may have undertaken with their customers and regardless of the buyer receiving any monies they may due from their customer
(e) Any display stands and products placed at buyers premises remain the property of the seller at all times unless payment has been made to seller from the buyer for said stand and products.
(f) (i) If the buyer shall cease or threaten to cease business or if any distress or execution shall be levied on the buyers property or assets or if the buyer shall make or offer to make any arrangement or composition with creditors, or commit any act of bankruptcy, or if any petition or receiving order of bankruptcy shall be presented or made against them, or, if the buyer is a limited company and any resolution or petition to wind the company’s business shall be passed or presented, or a receiver of any sort is appointed, the seller shall have the immediate right to determine any contract then subsisting with the buyer, without prejudice to any other claims of the seller against the buyer
(ii) Upon the occurrence or threat of apprehension of the acts or matters set out in paragraph 11 (f) (i) above, the buyers righto possession of goods, shall immediately cease and the seller may enter any premises of or under the control of the buyer to recover any goods of the seller stored or displayed there.
(a) There is warranty supplied by Manufacturer of products that, for a period of 10 years from the date of delivery the goods shall be fit for purpose for which the goods of the type are normally used and under normal conditions and that every reasonable effort has been made to ensure the use of good quality materials and workmanship
(b) Save as aforesaid all warranties and conditions, expressed or implied, are hereby expressly excluded
(c) The foregoing warranty is subject to:
(i) correct and proper transportation, handling, fitting, assembly and installation of sellers goods
(ii) use in the United Kingdom
(iii) Notification of any alleged defect within 7 days of its occurrence or discovery
(d) Liability of the seller under the foregoing warranty or otherwise shall be linked to replacement of goods supplied by the seller, or, at the seller’s discretion, the actual cost charged by the seller for the goods. The seller shall not be liable for the work or cost of fitting or installation of any replacement goods and shall be under no liability in respect of any consequential damage, loss of profit, damage suffered or expenditure incurred whatsoever, whether in contract or tort, in respect of any liability in tort of the seller to any third party.
(e) Any replacement good will be warranted only until the expiration of 10 years from delivery of the original goods
(f) Where ironmongery furniture and fittings are supplied by the seller yo the buyer then.
(i) the period specified in 11 (a) and 11 (e) shall be twelve months
(ii) The seller shall make available to the buyer such warranties or guarantees as shall have been given to the seller by the person from whom the seller shall have acquired the goods
No act or omission by the seller shall constitute a waiver of its rights hereunder in respect of any existing or future contract.
14 Proper Law
These terms and conditions and any agreement with the seller shall be subject to and considered in accordance with English law
Vista Glaze Ltd, 14 London Street, Andover, Hants, SP10 2PA Company Registration Number 10269929