Pavilion Glass terms and conditions are available in hard copy on request or can be downloaded here.
If you have any queries regarding our terms and conditions please contact us in the first instance.
Terms and Conditions of Business
- 1.1 ‘Buyer’ means the person who buys or agrees to buy the goods from the seller
- 1.2 ‘Conditions’ means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the seller.
- 1.3 ‘Installation or Delivery Date’ means the date specified by the seller when the good are to be installed or delivered. These are subject to manufacturing changes
- 1.4 ‘Goods’ means the articles, which the buyer agrees to buy from the seller
- 1.5 ‘Price’ means the price for the goods. Price is + vat unless otherwise stated
- 1.6 ‘Seller’ is Pavilion Glass Co Ltd
2. Conditions Applicable
- 2.1 These conditions and the seller’s ‘fitting maintenance and care instructions’ from time to time shall apply to this contract for the sale of goods by the seller to the buyer to the exclusion of all other terms and conditions including any terms or conditions which the buyer may purport to apply under any purchase order, confirmation of order or similar document
- 2.2 All orders for goods shall be deemed to be an offer by the buyer to purchase goods pursuant to these conditions
- 2.3 No order placed for the goods by the buyer shall be deemed accepted by the seller until a written acknowledgment of order is issued by the seller or (if earlier) the seller delivers the goods to the buyer.
- 2.4 Any variation to these conditions (inc special terms and conditions agreed between the parties shall be inapplicable unless agreed in writing by the seller.
3. The Price and Payment
- 3.1 The price shall be the sellers quoted price. VAT shall be added and due at the rate ruling of the date of the sellers invoice
- 3.2 Payment of the price is due on completion unless the buyer is an account customer. Therein the account is due on a 30 day basis
- 3.3 If payment of the price or any part thereof is not made by the due date the seller shall be entitled to:
- 3.3.1 charge interest on the outstanding amount at the rate of 3% over the base rate of the bank of England accruing daily at such a rate after as well as before any judgement
- 3.3.2 refuse to make delivery of any undelivered goods whether ordered under these conditions or not and without incurring any liability whatever to the buyer for non-delivery or any delay in delivery3.3.3 terminate this contract
- 3.4 The seller reserves the right to claim interest under the Late payment of Commercial Debts (interests) Act 1998
4. The Goods
- 4.1 The quantity and description of the goods shall be as set out in the sellers quotation and amendments agreed and confirmed by way of an order acknowledgement where applicable
5. Warranties and Liabilities
- 5.1 The seller warrants that the goods will at the time of delivery correspond to the description given to the seller
- 5.2 Except where the buyer is dealing as a consumer(as defined in the Unfair Contract Terms Act 1977 Section 12) all other warranties, conditions and terms relating to fit for purpose, satisfactory or condition of the goods and whether implied by statute or common law or otherwise are excluded
6. Delivery of the Goods
- 6.1 Supply only – the buyer will be advised by the seller when the goods will be ready to be collected. The items will be kept / housed at the factory for 1 month. Should the items incur any damage after the agreed time then the seller will not be responsible for any damage that may occur
- 6.2 If agreed the goods shall be delivered to the buyer at the address specified by the buyer and shall be deemed to occur upon the seller notifying the buyer that the goods are ready for onward delivery. The risk in the goods shall pass to the buyer upon such delivery taking place
- 6.3 Should the seller arrange for carriage of the goods to the buyers address. The cost of the carriage and any insurance, which the buyer reasonable directs the seller to incur, shall be reimbursed by the buyer without any set –off or other withholding whatever and shall be due for payment of the price. The carrier shall be deemed to be the buyers agent.
- 6.4 The seller shall not be liable for any direct or indirect or consequential loss, costs, charges, expenses or damages whatever caused directly or indirectly by any
delay or failure in the delivery of the goods (even if caused by the sellers negligence), nor shall any delay entitle the buyer to terminate or rescind this contract unless such delay exceeds 3 months
- 6.5 Not withstanding that the seller may have delayed or failed to deliver the goods (or any of them) the buyer shall be bound to accept delivery and to pay for goods in full provided that delivery shall be tendered at anytime within 3 months of the delivery date [as stated by the seller in the order acknowledgment (if any)]
- 6.6 The seller shall not be bound to onwards deliver any goods after the appointment of a receiver or liquidator of the buyer or if the buyer or if the seller shall I have reasonable cause to suspect that the buyer cannot pay for the same, until payment in full for the goods has first been made
7. Limitation of Liability
- 7.1 Subject to conditions 5 and 6, the following set out the entire financial liability of the seller (inc any liability for the acts or omission of its employees, agents and sub contractors) to the buyer of any breach of these conditions, any use made or resale by the buyer of any of the goods or any product incorporating the gods and any representation, statement or tortuous act or omission inc negligence arising under or in connection with this contract
- 7.2 All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the sale of Goods Act1979) are, to the fullest extent permitted by law, excluded from this contract
- 7.3 Nothing in these conditions excludes or limits the liability of the seller for death or personal injury caused by the sellers negligence; or under section 2(3) of the consumer protection Act 1987; or for any matter which it would be illegal for the seller to exclude or attempt to exclude its liability; or for fraud or fraudulent misinterpretation
- 7.4 Subject to conditions 7.2 and 7.3:
- (a) The sellers total liability, tort (inc negligence or breach statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this contract shall be limited to the price and
- (b) The seller shall not be liable to the buyer for any pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise, in each case whether direct, indirect or consequential whatsoever (howsoever caused) which arise out of or in connection with this contract
8. Remedies of the Buyer
- 8.1 Where the buyer rejects any goods then the buyer shall have no further rights whatever in respect of the supply to the buyer of such goods or the failure by the seller to supply goods which conform to the contract of sale
- 9.1 Despite delivery having been made property in the goods shall not pass from the seller until the buyer shall have paid the price plus vat if applicable in full
- 9.2 Until property in the goods passes to the buyer in accordance with clause 9.1 hereof the buyer shall hold the goods and each of them on a fiduciary basis as bailee for the seller. The buyer shall store the goods separately from all goods in its possession and mark them in such a way that they are clearly identified as the sellers property and maintain the goods in satisfactory condition (in accordance with the terms of the sellers ‘Fitting maintenance and care instructions’ which are duly incorporated into this contract) and keep them insured on the sellers behalf for their full price against all risks to the reasonable satisfaction of the seller (on request the seller shall produce the policy of insurance to the seller)
- 9.3 Notwithstanding that the goods remain the property of the seller, the buyer may sell or use the goods in the ordinary course of the buyers business unless:
- (a) The seller shall give written notice to the buyer terminating such right; or
- (b) A receiver or liquidator of the buyer shall be appointed
- (c) The buyers suffers or allows any execution, whether legal or equitable, to be levied on his / its property or obtained against him/it, or fails to observe or perform any of its obligations under these conditions or any other contract between the seller and the buyer, or is unable to pay its debts within the meaning of section 123 of the insolvency act 1986 or the buyer ceases to trade; or
- (d) The buyers encumbers or in any way charges any of the goods
- 9.4 The seller shall be entitled to recover the price plus VAT notwithstanding that property in any of the goods has not passed from the seller
- 9.5 Until such time as property in the goods passes from the seller, the buyer shall, upon request, deliver up such goods as have not ceased to be in existence or re-sold to the seller. If the buyer fails to do so, the seller may enter upon any premises owned, occupied or controlled by the buyer wherever situated and repossess the same.
- 9.6 On termination of this contract, however caused, the seller’s (but not the buyers) rights contained in this clause 9 shall remain in effect
- 10.1 If the supply of the goods is delayed or prevented as a consequence or event beyond the sellers reasonable control, including but without limitation, industrial action, breakage of machinery, delays in or cancellation of goods and services by third parties, shortages of raw materials, fire explosion, civil disturbance or
act of god, then the period for delay of the goods shall be extended to such extent as is reasonable having regard to the circumstances
- 10.2 If any provision of this contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, void ness, valid ability, unenforceability or unreasonableness be deemed severable and the remaining provision of this contract and the remainder of such provisions shall continue in full force an effect.
- 10.3 Failure or delay by the seller in enforcing or partially enforcing of this contract shall not be construed as a waiver of any of its rights under this contract
- 10.4 The parties to this contract do not intend that any term of the contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person not a party to it
- 10.5 This contract, is subject to the law of England and Wales and all disputes arising out of it shall be subject to the exclusive jurisdiction of the Courts of England and Wales
- 10.6 – The seller cannot be held responsible for any breakages that occur following collection, delivery or installation of glass. Any unexplained breakages, scratches or cracks will be down to the buyer to rectify / replace.
- 10.7 – Visual assessment – glass shall be deemed acceptable if the following phenomena are neither obtrusive nor bunched: hairlines or blobs; fine scratches not more than 25mm long; minute imbedded particles. Obtrusiveness of blemishes shall be judged by looking through the glass, not at it, when standing at right angles to it on the room side at a distance of not less than 3 metres in natural daylight and not in direct sunlight. The area to be viewed is the normal vision area with the exception of a 50mm wide band around the perimeter of the glass. Pattern ghosting can occur on glasses with a textured finish.