Terms and Conditions of Sale

1. INTERPRETATIONS

    1. Products – means any products or goods supplied by CAG (crest architectural glazing) and the subject of the contract All quotations are given, all orders accepted and all goods and services are supplied under the following conditions, which cancel and supersede any terms and conditions proposed or stipulated by the customer
    2. No variation to these conditions shall be binding unless agreed in writing signed by a Director of CAG and no employee of CAG other than such a Director has any authority to vary these conditions.
    3. The headings in these conditions are for the convenience only and shall not affect their interpretation.
    4. Quotations are given by CAG (unless otherwise stated therein) as an invitation to the purchaser to make an offer by way of purchase order and no contract comes into existence until the purchase order is accepted by the earliest of a) CAG contract form sent to customer for signature or b) CAG drawings sent to customer for approval c) formal notice from the client stating the intent to place order in the format of a letter/ email.
    5. CAG shall supply the products and the works listed overleaf to the purchaser in accordance with these terms and conditions which shall govern the agreement to the exclusion of any other terms and conditions.
    6. Any sales literature, photographs or display samples are for illustration and guidance only and the purchaser acknowledges that it does not rely on any such materials, sales literature, etc. for the accuracy of matching profiles, colours, appearance etc.
    7. We do not guarantee that on aluminium sections variation of colour will not occur on individual sections when coated with metallic, pearlescent or anodised finishes under varying light conditions.
    8. Unless otherwise specified, the products supplied and the price is based on the purchaser being responsible to CAG for the: Accuracy of dimensions and any information provided unless instructed to carry out measured surveys
    9. Products being installed in a normal environment into existing or prepared openings.
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    11. CAG reserves the right to make reasonable changes to the specification of the products which are required to conform with any manufacturing, product improvement or development plans or safety or other statutory requirements.
    12. CAG will provide CAD drawings of the products subject to the agreement for approval which will form part of the contract. It should be noted that the providing of more detailed working drawings, unless stated overleaf in special requirements, may be subject to additional costs. It should also be noted that when such drawings are required the quoted delivery time period will be extended.
    13. CAG will notify you in writing within 10 working days of the agreement if we are unable to supply products as specified or if any modification to the products or the price is required.
    14. If you wish to accept the proposed modifications you must do so in writing within 5 working days of their date. Once accepted the modifications shall be incorporated into the agreement in place of the parts so modified.
    15. All orders are placed directly from the approved drawings and agreement; any mistakes due to misinterpretation by CAG, but approved by the purchaser are the responsibility of the purchaser and CAG can hold no liability.
    16. CAG unless stated otherwise assume that client drawing approval period is no more than 1 week
    17. The agreement can be cancelled by either party without penalty by written notice given to the other not later than close of business on the 5th day after the agreement and any deposit shall be returned to the purchaser in full, provided no CAD drawings have been provided. If drawings have commenced but not submitted than a proportion of the deposit will be non- refundable. Proposition is based on 5% per day over the 5th day deadline. If drawings have been submitted than the full deposit will not be refundable.
    18. The full contract amount will be payable if cancellation is after this period.
    19. A deposit of 25% is required with order. Thereafter 40% shall be payable upon approval of drawings, 30% upon commencement onsite and 5% upon completion, subject to status and authorised credit worthiness. CAG reserves the right to alter payment terms for any order value at any time. Payment shall be made by cheque or money order made payable to CAG.
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    21. Agreement – means the contract for the purchase of the products and the works subject to these conditions.
    22. Works – means the services to be provided by CAG the subject of the contract.
    23. Purchaser – means the person or company who purchases or is responsible for the purchase of the products.

2. GENERAL

3. SALE

3.6 Prices quoted are based on costs ruling at the date of the estimate and any variation in the cost of materials, labour and service shall be at the purchasers cost if and to the extent that such a variation occurs between the date of the estimate and the dates when a written acceptance of quotation. CAG is entitled to charge for any additional costs incurred by any variation in the original contract or for any costs incurred as a result of the purchaser’s failure to give required instructions or to accept materials or services when they are due to delivery or performance.

4. VARIATION & APPROVALS

5. CANCELLATION

6. PAYMENT TERMS

    1. Where the Purchaser has agreed credit terms or alternative payment terms are in force as agreed by a Director of CAG, these override the payment terms as detailed in 6.1. Only a Director of CAG has the authority to agree alternative payment terms, no other employee has such authority.
    2. If the purchaser fails to pay the outstanding balance on completion/delivery of goods, or in accordance with any agreed payment terms, CAG shall be entitled to:- Charge any additional costs incurred to the purchaser for redelivery of goods
    3. Cancel the agreement and any other contracts or suspend any deliveries to the purchaser
    4. Charge the purchaser interest (both before and after any judgement) on the amount unpaid at the rate of 7% above Bank of England base rate from time due until payment in full is received.
    5. Works will not be carried out without payment in full and cleared.
    6. Variations are to be agreed and paid in full before implementation.
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    8. Lead time begins from the receipt of purchase order, approved manufacturing data and cleared funds in respect of deposit.
    9. Time of despatch and delivery is not of the essence of any contract between CAG and the purchaser. Any delivery dates quoted or specified shall be treated as estimates only and are not guaranteed and do not form a term of any contract and notwithstanding that every reasonable effort will be made by CAG to meet such dates, CAG shall not be liable for any loss, damages or expenses consequent upon any delay in delivery of goods or completion of services however caused.
    10. CAG may at its discretion deliver goods by instalments in any sequence and each delivery shall constitute a separate contract and failure by CAG to deliver one or more of the instalments in accordance with these conditions or any claim by the purchaser in respect of one or more of the instalments shall not entitle the purchaser to treat the contract as a whole as repudiated.
    11. CAG shall give not less than 1 days’ notice to the purchaser of the actual date of delivery of the products. The
    12. Off-loading of the products shall be the responsibility of the purchaser, unless otherwise agreed in writing by a Director of CAG.
    13. After delivery it is the responsibility of the purchaser to provide suitable protection for and keep secure all products, materials and goods
    14. If the purchaser fails to take delivery of the products once they become available CAG will store the products for a maximum of 6 weeks from the date of notice. If the purchaser fails to take delivery of the products within this time we shall be entitled to either:- Request full payment of agreement.
    15. Charge the purchaser for the reasonable costs (including insurance) for storage of products until delivery can be made.
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    17. Unless expressly provided in these conditions or other terms, implied by statute or common law, are excluded to the fullest extent permitted by law.
    18. The statutory rights of the buyer are not affected by this agreement.
    19. Subject to the conditions of this clause, CAG warranties are in line with manufactures used, note these varies depending on suppliers. CAG warrants works for a period of 12 months for workmanship.
    20. The above warranties are given by CAG subject to the following conditions: CAG shall be under no liability under the above warranties (or any other warranty, conditions or guarantee) if the total price for the products and works has not been paid
    21. CAG shall be under no liability under the above warranties (or any other warranty, conditions or guarantee) if the care and maintenance instructions and operating instructions provided by CAG are not adhered to.
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    23. CAG shall be under no liability where the goods have been altered in any way (other than following installation instructions) after purchase or used for any purpose other than intended. An operational guide is supplied with the goods, which should be passed on to the user of the goods. It is the responsibility of the purchaser to ensure receipt of these documents and that operational manual is passed to the user.
    24. The above glass may have minor defections which is within the accepted tolerances of The Glass and Glazing Federation. Wherever possible we shall assign the benefit of any guarantee that we are given by our glass manufacturer a copy of which is available upon request.
    25. All powder coating and anodising is governed by European standards for quality and visual appearance, a copy of which can be supplied upon request.
    26. CAG makes no warranty or representations that condensation will not occur or be eliminated.
    27. CAG shall be under no liability for any damage caused by misuse, accident, storm, flood or any act of a third party.
    28. CAG make no warranty or representations that whilst every attempt will be made to match paint colours, slight variations may occur and that during the warranty period such paint finishes may dull due to weathering and therefore claims to this effect cannot be covered.
    29. Because the potential losses the purchaser might suffer as a result of any breach of contract by CAG are more readily ascertainable by the purchaser and because such losses could be wholly disproportionate to the contract price and so that CAG can keep the contract price as low as reasonably possible, the purchaser agrees to CAG limiting its liability in accordance with these conditions.
    30. The liability of CAG in respect of any defect in or damage to or non-delivery of any goods or services which CAG has agreed to supply (however arising including as a result of negligence) shall be satisfied and CAG will, at its expense repossess or, as the case may be, replace any goods proved by the customer to the
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7. DELIVERY

purchaser shall grant CAG access to the address in order to effect delivery of the products.

If payment is not received we shall be entitled to cancel the agreement and seek payment of all costs incurred in connection with the agreement in accordance with 6.3.

8. WARRANTIES

8.12 CAG cannot offer any warranty or otherwise in relation to glass breakage caused by Nickel Sulphide Inclusion. The full costs associated with glass damage and replacements caused by Nickel Sulphide Inclusion will be borne by the Purchaser.

9. LIABILITY

9.2. The liability of CAG extends to the supply of replacement goods only and does not extend to postage, packaging, insurance or transport costs or any costs incurred in the actual event of works required carrying out the replacement.

16.1 This clause applies where the purchaser makes any voluntary arrangement with its creditors or becomes subject to an Administration Order of being an individual or firm a) becomes bankrupt or (being a company) goes into liquidation (other than for an amalgamation or reconstruction); or b) An encumbrancer takes possession of or a Receiver is appointed over any of the property or assets of the Purchaser; or c) the Purchaser ceases, or threatens to cease to carry on business; or d) CAG reasonably apprehends that any of the events mentioned above is about to occur to the Purchaser and notifies the Purchaser accordingly. Where this clause applies, without prejudice to any other right or remedy available to CAG, CAG shall be entitled to cancel or suspend the agreement and retain any deposit paid by the Purchaser without any liability to the Purchaser.

16.2 All payments shall become due immediately upon the commencement of any act or proceedings in which the purchaser’s

reasonable satisfaction of CAG to be defective or damaged or as the case may be missing or (at its option) CAG will make an allowance to the purchaser equal to the invoice value of any undelivered goods against any amount invoiced to the customer, but CAG shall have no further liability to the purchaser provided always that the warranties in this clause 9 shall apply to such repaired or replaced products for the remainder of the original period of 24 months from the date of original delivery.

10. RISK AND PROPERTY

Risk in the products shall pass to the purchaser once products are installed. Notwithstanding delivery and the passing of risk, property in and title to the products shall remain with CAG until CAG has received full payment of the full price of a) all products and/or services supplied by CAG to the purchaser under any contract whatsoever. Payment of the full price shall include, without limitation the amount of any interest or other sum payable under the terms of this and all other contracts between the purchaser and CAG. Payment shall be deemed to have been made when cash has been handed to CAG or the amount of any cheque or electronic transfer has been credited to CAG’s bank account and cleared by the purchaser. Until such payment the purchaser acknowledges that they are in full possession of the goods as Bailee for CAG. The purchaser shall store the goods separately from their own goods or those of any other person and in the manner which makes them readily identifiable as CAG goods and shall endorse a memorandum on the purchasers accounts referring to CAG title in the goods. If the payment is overdue CAG may without prejudice to any of their other rights recover and/or resell the goods and the purchaser hereby irrevocably licenses CAG or their agents to enter upon any premises where they are stood or where they are reasonably thought to be stored for the purpose of recovery and/or resale. In the event of the purchaser purporting to sell the goods to a third party before payment has been made to CAG any such proceeds of sale shall be received and held by the purchaser as agent for CAG. The purchaser therefore acknowledges and agrees to stand in a fiduciary relationship to CAG and must strictly account to CAG for the proceeds thereof.

11. PLANT

Any plant or equipment provided by CAG in relation to the performance of its obligations hereunder is provided exclusively for the use of CAG or its agents and employees and any other person using such plant or equipment does so at the purchaser’s risk. The purchaser indemnifies CAG against any claim made against CAG in respect of the other use of such plant or equipment other than as aforesaid.

12. SITE WORKS

Our quotation does not include for the protection of our works at any stage during the contract or on completion this is to be provided by the purchaser and/or its main contractor (if applicable) at its expense. Silicone jointing is to be carried out in a dust free environment. CAG will not accept responsibility for defective silicone works should we have been requested to carry out these works in an inferior environment. Should CAG fitters attend site to carry out installation works and the area of working not be ready CAG shall charge a one off cancellation charge of £300 per man per day for Contracts on Mainland UK. Charges for Contracts which are outside Mainland UK will be price specific depending on the location of the Contract.

13. INTELLECTUAL PROPERTY RIGHTS

CAG retains all Intellectual Property Rights for methods, designs, techniques and product use whether specifically applicable to a particular installation or otherwise.

14 FORCE MAJEURE

CAG shall not be liable to the purchaser or deemed to be in breach of the agreement by reason of any delay in performing or any failure to perform any of CAG’s’ obligations if the delay or failure was due to any cause beyond CAG’s reasonable control.

15. PROPER LAW

The agreement shall be governed by the laws of England and the parties submit to the exclusive jurisdiction of the English Courts.