Terms & Conditions of Sale

1. Definitions

In these conditions ‘The Company’ means Park Glass Ltd, registered in England, of Coldred Road, Parkwood Industrial Estate, Maidstone, Kent ME15 9XX. ‘The Buyer’ means any company, agent or individual from whom The Company has received an order which The Company has accepted. ‘The Goods’ means the products, materials and/or services to be supplied by The Company. ‘Consumer’ has the meaning given in the Consumer Rights Act 2015.

2. Applicability of Conditions

2.1 The Company accepts orders for the supply of Goods subject only to these conditions. Where the Buyer is not a Consumer, these conditions govern relations between the parties to the exclusion of any other terms, including any terms in the Buyer's own documents which purport to provide that the Buyer's terms shall prevail.

2.2 No variation of these conditions, or of any quotation or order arising from them, is valid unless agreed in writing between The Company and the Buyer.

2.3 Glass must be used in accordance with the relevant British and European Standards and Building Regulations. It is the responsibility of the Buyer to ensure that the application is appropriate for a particular use and meets all legal requirements and codes of practice. The Company supplies technical information and guidance in good faith but does not specify, and no guidance given amounts to a design or a warranty of fitness for a particular purpose.

3. Consumers

3.1 Where the Buyer is a Consumer, nothing in these conditions affects the Buyer's statutory rights, including rights under the Consumer Rights Act 2015 in respect of Goods that are not of satisfactory quality, not fit for purpose or not as described.

3.2 Any provision of these conditions which would exclude or restrict a Consumer's statutory rights, or which would be unfair within the meaning of Part 2 of the Consumer Rights Act 2015, does not apply to a Consumer.

3.3 Made-to-measure Goods. Almost everything The Company supplies is cut, processed or manufactured to the Buyer's own sizes and specification. The statutory right to cancel a contract made at a distance or away from The Company's premises does not apply to Goods made to the Consumer's specification or clearly personalised, and once such an order has been placed into production it cannot be cancelled. Where a Consumer orders stock Goods at a distance or away from The Company's premises, the statutory 14 day cancellation right applies and The Company will provide the prescribed cancellation information before the order is confirmed.

4. Price

4.1 Unless fixed prices have been specifically agreed by The Company in writing, prices are subject to alteration. Where a price changes after an order has been placed, The Company will notify the Buyer before proceeding and the Buyer may cancel that order without charge.

4.2 Goods will be invoiced at prices ruling at the date of dispatch or collection.

4.3 All prices are quoted exclusive of Value Added Tax. VAT will be added to all invoices at the rate applicable on the tax point date, which shall be the date of invoice.

4.4 Where, before delivery or the date of invoice, whichever is the earlier, the Goods become subject to any additional VAT, duty or tax surcharge in excess of the sum specified in The Company's quotation or invoice, the Buyer shall be charged and will pay such extra duty or surcharge.

4.5 Quotations are valid for 30 days unless stated otherwise, and are based on the information supplied to The Company at the time.

5. Certificates of Conformity

The Company shall not be required to supply certificates unless requested. Certificates can be supplied on request — please ask at order stage.

6. Tolerances and General Glass Working

6.1 All orders are subject to the following tolerances. The Company shall be deemed to have fulfilled its contract if Goods fall within these tolerances. Product Tolerance Stock (uncut) sheet glass ± 25mm Cut sheet monolithic glass, under 3m² and under 3000mm ± 2mm Cut sheet monolithic glass, over 3m² or over 3000mm ± 4mm Cut sheet laminated glass, under 3m² and under 3000mm ± 3mm Cut sheet laminated glass, over 3m² or over 3000mm ± 5mm Standard edge-worked processed glass, under 2m² and under ± 2mm 2000mm CNC edge-worked processed glass ± 1mm Sealed units (not oversize, templated) ± 2.5mm Processed or cut items made to a template ± 2.5mm, dependent on template quality Squareness / angular precision ± 0.15° Feature positions — holes, notches and cut-outs ± 2.5mm Hole sizes ± 0.5mm Feature sizes — cut-outs and notches ± 2mm

6.2 Bow in toughened glass is inherent to the process and is not a fault within an overall bow of 3mm per 1100mm and a local bow of 0.2mm per 300mm. On toughened laminated glass, edges, corners and points will measure smaller than the body thickness. This is normal.

6.3 Where sizing or tolerances outside the above are required, the Buyer must first contact The Company clearly stating their requirements. The Company will then advise and, where necessary, quote accordingly to meet agreed sizes and tolerances. Such requirements cannot be applied retrospectively to a complaint.

6.4 Unless specifically stated, prices do not provide for making templates for shaped or bent plates, or for other special works such as the removal of fittings or alteration of frames.

6.5 Cutting and glazing of wired and patterned glass to line through will be charged extra. The lining up of Pyroshield (Georgian wired glass) is to be one way only, within the limits of manufacture.

6.6 Qualities of plate, sheet or float glass, unless stated otherwise, are respectively for glazing purposes or of ordinary glazing quality.

6.7 Toughened glass cannot be altered after manufacture. All holes, notches, cut-outs and edge finishes must be confirmed before the order is placed into production.

7. Visual Standards and Appearance

7.1 Sealed units are judged against the guidelines published by the Glass and Glazing Federation. Details are available on request and The Company is happy to provide them before an order is placed.

7.2 Visual quality for all other processed Goods is at the discretion of The Company. Unless otherwise stated, supply will be of ordinary quality as per the price quoted or charged.

7.3 Selective cutting from materials to avoid or include minor defects, inclusions or features will be charged extra. This includes lining up wires or patterned glass to other objects or to other cut items.

7.4 Printed or rolled glass is subject to minor imperfections. Minor roller or print misalignment, seeding and thickness variations will not be deemed faults.

7.5 Certain optical effects are inherent to glass and are not defects. These include Brewster's fringes, anisotropy or iridescence in toughened glass, multiple reflections, roller wave, slight colour variation in coatings, and condensation on the outer face of a sealed unit.

7.6 It is the Buyer's responsibility to state their requirements in full at the time of enquiry or order, including whether there are any additional quality requirements.

8. Delivery

8.1 The Company delivers on its own vehicles. Goods are carried by The Company's own drivers on its own transport from the moment they leave The Company until they reach the Buyer. Goods are not handed to a courier.

8.2 Delivery or collection shall be deemed effective when the Goods have been unloaded at the delivery address nominated by the Buyer, or, where the Goods are collected, when they have been loaded onto the collecting vehicle.

8.3 In the event that the Buyer or their agent is not present at the delivery address to accept delivery, The Company will contact the Buyer or their agent to make further arrangements.

8.4 Deliveries are kerbside only. The unloading of Goods offered for delivery, and the moving of them thereafter, is the responsibility of the Buyer and is carried out without the assistance of The Company's driver unless prior arrangements have been made. No charge will be accepted by The Company for this operation.

8.5 The Buyer is responsible for the accuracy of the dimensions advised to The Company. Unless The Company has attended site and taken the measurements itself, Goods are manufactured strictly to the sizes provided by the Buyer. The Company has no means of checking whether a size is correct for the opening and does not do so. Any deficiency in the dimensions supplied is the responsibility of the Buyer, the Goods are not thereby defective, and any replacement will be chargeable in full.

8.6 Where the Buyer supplies a template, the accuracy of the finished item depends upon the accuracy of that template. Templates should be rigid, cut to exact finished size, clearly marked to show which face is which, and show any holes or cut-outs in the correct locations.

8.7 Delivery is charged on the road distance to the delivery postcode. Any tolls, crossings or emissions charges on the route are already included in the delivery price quoted and there is nothing further to pay.

8.8 The Company delivers across the UK mainland including the Scottish Highlands, and to Skye and Raasay by road. The Isle of Wight is delivered but priced individually because of the ferry. Islands reachable only by ferry, the Channel Islands, the Isle of Man, the Isles of Scilly, Northern Ireland and the Republic of Ireland are collection only. Where The Company cannot deliver, collection is always available and The Company will assist the Buyer in arranging a carrier if requested.

8.9 It is the Buyer's responsibility to ensure the Goods are checked on delivery or collection and to acknowledge that they have been received in good condition.

8.10 If the Buyer or their agent requests that the Goods are left unsigned for, or the delivery note is marked “unchecked” at the time of delivery, The Company will not accept subsequent claims made in relation to the Goods. This provision does not apply to a Consumer to the extent that it would exclude a statutory right.

9. Access

9.1 It is the Buyer's responsibility to ensure that effective access is available on delivery. Before confirming an order the Buyer should satisfy themselves that The Company's vehicle can reach the delivery address, that there is a safe and lawful place to stop and unload, and that there are sufficient space and sufficient people to move the Goods from the kerbside to where they are required.

9.2 The Buyer must advise The Company at quotation stage of anything affecting access — parking or loading restrictions, permit zones, width, height or weight limits, unmade roads, gated or timed access, or a long carry from the road — so that The Company can price and plan correctly. Glass is heavy and rigid and cannot be flexed around an obstruction.

9.3 The Buyer is responsible for ensuring the Goods can physically reach their final position. Goods which fit the opening will not necessarily pass up a stairwell, around a landing or through a doorway. Measuring the route in is the responsibility of the Buyer.

9.4 Non-compliance will result in the Buyer being charged for the delivery and for any revision of the product, together with the reasonable cost of any further delivery attempt.

10. Time of Delivery

Any periods of time quoted or accepted by The Company for delivery, completion or collection of an order are to be treated as estimates only, not involving The Company in any liability to the Buyer in respect of loss suffered as a result of failure to dispatch, deliver or complete within such a period of time. Where the Buyer is a Consumer, this clause does not affect any statutory right to delivery within a reasonable time.

11. Storage

11.1 If The Company does not receive delivery instructions sufficient to enable dispatch to be made within 14 days after notification that the Goods are ready for dispatch, the Buyer shall be deemed to have taken delivery. The Company may then, without prejudice to any of its other rights, dispose of the Goods or arrange for storage of the Goods at the premises of The Company or elsewhere, at the cost of the Buyer, having first given the Buyer notice.

11.2 The Company's storage receipt, or that of any third party warehouse or similar depository, shall be deemed valid for all purposes as if it were the Buyer's receipt for a clean bill of delivery or other document evidencing delivery of the Goods.

12. Claims

12.1 Notice of any claim regarding shortage, damage or defect to the Goods shall be made to The Company in writing on delivery of the Goods. In the event of loss or non-delivery of Goods, the Buyer shall notify The Company in writing by email.

12.2 In the event that damage or defect is noted on delivery but the Buyer accepts or takes delivery, The Company is deemed to have fulfilled delivery and will not accept claims made after such an event. This provision does not apply to a Consumer to the extent that it would exclude a statutory right, nor to any defect which was not reasonably apparent on inspection at the point of delivery.

12.3 Goods claimed to be defective must be returned promptly, in the condition in which they were supplied, and made available to The Company for inspection. The Company may request photographs before arranging collection. Where The Company agrees the Goods are defective they will be replaced or repaired free of charge or, at The Company's option, allowed for credit, provided such credit shall not exceed the value of the Goods as invoiced.

12.4 The Company's liability in respect of any shortage, loss or damage to the Goods shall be limited to the proportion of the price attributable to the Goods lost or damaged.

13. Changes to Orders (Variations)

13.1 If The Company makes a variation to the Goods in any way from the agreed specification at the Buyer's request, the Buyer shall pay, in addition to all other sums payable under the contract, the cost of the variation insofar as it increases the cost incurred by The Company in performing the contract.

13.2 The contract price is based on costs current at the date of order. If, between the order date and the date of actual delivery, such costs are increased as a result of a variation by the Buyer, The Company reserves the right to charge such additional costs.

13.3 The Company reserves the right to substitute Goods ordered with Goods of equal or superior quality. Where the Buyer is a Consumer, The Company will notify the Buyer before doing so.

14. Payment Terms

14.1 The Company does not offer credit accounts.

14.2 Stock and small orders — payment is due in full before the Goods are released for collection or delivery.

14.3 Cut, processed and made-to-measure orders — a 50% deposit is due with the order, upon receipt of which the work will be put immediately in hand, and the balance is due on delivery or collection of the Goods.

14.4 Where The Company is also carrying out fitting — 50% on order and 50% on completion.

14.5 Where only part of the Goods are dispatched, payment shall be made of the contract price attributable to that part.

14.6 In the event of any delay or disruption in dispatch or delivery which is attributable to the Buyer's actions or failure to act, the Buyer shall make payment as if the Goods had been delivered at the time at which, but for such delay or disruption, delivery would have taken place.

14.7 Unless otherwise agreed in writing, the contract price shall be paid in pounds sterling.

14.8 No dispute on any transaction will be accepted unless notified in writing within 14 days of receipt of the Goods. This provision does not apply to a Consumer.

14.9 Where the Buyer is not a Consumer: if any payment falls into arrears The Company may cancel or postpone performance of the contract wholly or in part and be paid immediately for performance to date; The Company may charge interest and fixed compensation under the Late Payment of Commercial Debts (Interest) Act 1998; where The Company reasonably instructs a third party to recover an overdue debt the Buyer will be liable for their reasonable costs and any court costs in addition to the original debt; no claim under warranty or otherwise entitles the Buyer to any deduction, retention or withholding of any sum due; and the Buyer is not entitled to any set-off of obligations within or between contracts with The Company.

15. Risk and Title

15.1 Risk passes to the Buyer on delivery of the Goods, or on loading onto the collecting vehicle where the Buyer is collecting.

15.2 Whilst risk passes on delivery, legal and beneficial ownership of the Goods shall remain with The Company until such time as The Company has received payment in full.

15.3 Where the Buyer is not a Consumer: if payment for any Goods is overdue in whole or in part and the Goods have been delivered, The Company may, without prejudice to any of its other rights, enter upon the Buyer's premises to recover and/or resell the Goods, or such of them as The Company in its absolute discretion may designate as necessary to recover the amount overdue and its reasonable costs, and for those purposes the Buyer irrevocably authorises The Company to enter and take all necessary and reasonable steps upon the premises of the Buyer.

15.4 Until The Company is paid in full, the Buyer is and shall remain a fiduciary for The Company in respect of the Goods. If the Buyer sells or allows the Goods to be sold, the proceeds of sale shall be held in an identifiable account and The Company shall have the right to trace such proceeds.

15.5 If any of the Goods are incorporated or used in other products before full payment has been made, title in such products shall remain with The Company until full payment has been made or such products have been sold, and all provisions of this clause shall extend to such products.

16. Warranty

16.1 The Company warrants that the Goods are within its usual tolerances as to quality and finish, and shall replace or, at its option, refund the purchase price of any Goods which do not comply with this warranty, provided that any claim under this warranty is made within the specified warranty period for the particular product after the date of delivery of the Goods alleged to be defective.

16.2 The Buyer assumes responsibility for the capacity and performance of the Goods being sufficient and suitable for their intended use.

16.3 Warranty periods on the following products are issued by The Company at its own discretion and only if all correct methods of transport, storage, installation and product selection have been correctly followed: Product Period Sealed units glazed into dry and well drained systems — 10 years uPVC, aluminium or steel Sealed units glazed into non-drained (wet glazed) or timber 5 years systems Thinlite and slim-profile sealed units 5 years Structural (silicone) units, and units containing bespoke 5 years elements Fire rated units — Pyro range 5 years De-silvering of mirror backing 12 months Painted glasswork 12 months UV bonded items 12 months

16.4 This warranty covers the supply of replacement Goods of the same size and specification, on production of proof of purchase. Where The Company also carried out the installation, The Company will remove and refit the replacement item at its own cost within the warranty period. Otherwise the cost of de-glazing and re-glazing is not included.

16.5 This warranty does not cover breakage or damage arising from accident, misuse, wilful damage, negligence or faulty installation by the Buyer or any third party; premature failure of perimeter sealing due to glass breakage, movement or slip, unsupported elements, incompatible glazing or framing materials, sustained water contact including non-drained or blocked glazing systems, or modification by the Buyer; Goods stored, handled or maintained contrary to The Company's written guidance; or any optical characteristic or phenomenon inherent to the specification ordered.

16.6 This warranty is given in addition to, and does not affect, the Buyer's statutory rights.

17. Cancellation by the Buyer

17.1 Subject to clause 3.3, the Buyer may cancel or suspend an order only with The Company's prior consent, following agreement by the Buyer to reimburse The Company for costs reasonably incurred and commitments reasonably made up to the date of cancellation. The Company will provide a breakdown of those costs on request.

17.2 Stock items in unused, resaleable condition and original packaging may be returned by agreement, and a reasonable handling charge may apply.

18. Termination by The Company

The Company shall, without prejudice to any of its other rights, be entitled to terminate any order forthwith by written notice to the Buyer if the Buyer shall become insolvent; fail to pay any amounts falling due, whether under these conditions or otherwise, within 30 days of the date payment is due; suffer the appointment of a Receiver; or pass a resolution for winding up, other than for the purposes of a bona fide amalgamation or bona fide reconstruction.

19. Limitations of Liability

19.1 Nothing in these conditions limits or excludes The Company's liability for death or personal injury caused by its negligence, for fraud or fraudulent misrepresentation, or for any other liability which cannot lawfully be limited or excluded. Where the Buyer is a Consumer, nothing in these conditions limits or excludes liability under the Consumer Rights Act 2015.

19.2 The Company is not responsible for defects or failures in glazing or fixing arising from unsuitable frames, systems or structures being used by the Buyer, or by clients or agents of the Buyer.

19.3 Handling, working or transporting the Buyer's own glass or other property is at the Buyer's risk.

19.4 Where the Buyer is not a Consumer: The Company shall not be liable for loss of profit, loss of business, loss of contract, loss of goodwill, or any indirect or consequential loss or expense, howsoever arising and whether from any defect in the Goods or otherwise.

19.5 Where the Buyer is not a Consumer, and subject to the first paragraph of this clause, The Company's total liability arising out of or in connection with a contract, whether in contract, tort, breach of statutory duty or otherwise, shall not exceed the price paid for the Goods giving rise to the claim.

19.6 Any contractual arrangement between The Company and the Buyer is subject to a maximum public liability of £5 million. If cover in excess of £5 million is required, this can be arranged as an extra to such arrangement.

20. Personal Data

20.1 The Company will use the Buyer's personal data to register the Buyer as a customer, to supply the Goods, to process payments and comply with its obligations under the contract, to provide information about the Goods, to manage its relationship with the Buyer, and to provide information about other products and services The Company may offer. The Buyer may opt out of marketing at any time by contacting The Company.

20.2 Personal data is held and processed in accordance with The Company's privacy notice, a copy of which is available on request and on The Company's website, and in accordance with applicable data protection legislation. The Company is the data controller in respect of that data.

20.3 The Company maintains appropriate technical and organisational security measures, ensures that personnel with access are bound by obligations of confidentiality, will respond to reasonable requests from a data subject, and will notify the Buyer without undue delay on becoming aware of a personal data breach affecting the Buyer's data.

21. Force Majeure

In the event of The Company being delayed in or prevented from performing its obligations owing to any cause beyond The Company's control, including without limitation act of God, war, strikes, lockouts, trade disputes, difficulty in obtaining workmen or materials, breakdown of equipment, or any other such cause, The Company will not be liable for any loss, damage or expense incurred and shall be at liberty to terminate or suspend orders without incurring any liability arising therefrom. The Company will notify the Buyer as soon as reasonably practicable and, where the delay is substantial, will agree a revised timescale or refund any sums paid for Goods not supplied.

22. Law and Interpretation

22.1 If any provision of these conditions is found to be unenforceable, the remainder shall continue in full force. No delay in enforcing a right shall operate as a waiver of it. A person who is not a party to the contract has no right to enforce it under the Contracts (Rights of Third Parties) Act 1999.

22.2 These conditions are governed by the law of England and Wales and are subject to the exclusive jurisdiction of the Courts of England and Wales. Where the Buyer is a Consumer resident elsewhere in the United Kingdom, the Buyer may bring proceedings in the courts of their own jurisdiction.

23. Online Card Payments

Park Glass Ltd does not operate a conventional ecommerce checkout through the Park Glass website.

Where the Company offers a Buyer the option to pay by debit or credit card, a unique secure payment link may be generated for the specific quotation, order, deposit or invoice concerned.

Card payments are securely processed by our payment provider, Dojo. The Buyer will be directed to a secure Dojo-hosted payment page where they can enter their debit or credit card details and complete the transaction. Park Glass Ltd does not collect or store the Buyer's full debit or credit card details on the Park Glass website.

Each payment link is generated for a specific payment request and may include the amount payable and a reference relating to the quotation, order or invoice. The Buyer should check the payment amount and details before completing the transaction. Payment will only be treated as received once the transaction has been successfully authorised and confirmed.

Park Glass Ltd accepts eligible debit and credit cards including Visa, Mastercard and American Express where supported by our payment provider.

24. Refund Policy

Bespoke and made-to-measure Goods

Many products supplied by Park Glass Ltd are cut, processed, painted, toughened, manufactured or specially ordered to the Buyer's individual measurements, specification or requirements. Once production, processing or procurement of bespoke or made-to-measure Goods has commenced, an order cannot normally be cancelled simply because the Buyer has changed their mind.

The Buyer is responsible for checking measurements, quantities, colours, specifications, drawings and other order details before approving an order.

Standard Goods

Where standard non-bespoke Goods are eligible for cancellation or return, the Buyer should contact Park Glass Ltd before returning the Goods. Any return should be agreed in advance and Goods should, where applicable, be unused, undamaged and in their original condition.

Damaged, faulty or incorrect Goods

If Goods are faulty, damaged, incorrectly supplied or do not conform to the agreed specification, the Buyer should contact Park Glass Ltd as soon as reasonably possible. Where a claim is accepted, Park Glass Ltd may, as appropriate and in accordance with applicable law, repair or replace the Goods, or provide a partial or full refund. Nothing in this Refund Policy affects a Consumer's statutory rights.

Card payment refunds

Where Park Glass Ltd agrees that a refund is due, it will normally be made using the same payment method originally used. Where payment was made by debit or credit card through a secure Dojo payment link, an approved refund will normally be processed back to the card or payment method used for the transaction. The time taken for funds to appear depends on the Buyer's bank, card issuer or payment provider.

For questions about cancellation, return or refund, contact Park Glass Ltd on 01622 688117 or info@parkglass.co.uk.