Domestic & Glazing Terms and Conditions
These Conditions of Sale form part of a contract between you (the “Customer”) and us (“Pallot Glass and Windows”). These terms and conditions are to prevail unless specifically altered in writing between the Customer and Pallot Glass and Windows. The contract between the Customer and Pallot Glass and Windows is formed by these Conditions of Sale, the Quotation and any other written matter signed and accepted at the time of signing of the Quotation (the “Contract”).
Standard payment terms are as follows:
Initial Payment: 25% of Gross Price to be paid at the time of ordering;
Interim Payment: 50% of Gross Price on delivery to Pallot Glass and Windows of the goods to be used for the work, Pallot Glass and Windows being obliged to inform the Customer of their arrival and time to run for these purposes from Pallot Glass and Windows communicating the arrival of goods to the Customer;
Final Payment: 25% of Gross Price (or such lesser sum as may be appropriate in the event a Settlement Discount is applicable) on issue by Pallot Glass and Windows of certificate of completion of works.
Interest will accrue on all unpaid amounts from 10 days after such payments become due and payable at the rate of 3% above the base rate as it may be from time to time of HSBC Bank PLC or 5%, whichever is the greater. For the avoidance of doubt no property or title in any goods, items or things supplied, delivered, fitted or otherwise provided by the Company to the Customer transfers from the Company to the Customer until payment in full has been received by the Company.
The customer is entitled to cancel this contract in writing for any reason within five days of the date on which the contract was signed (the “5 day period”), in which event any amount prepaid will be refunded provided Pallot Glass and Windows has not incurred any liability in respect of the order. If any liability to any party, to include any third parties, has been incurred then any amount prepaid may be used by Pallot Glass and Windows without further recourse to discharge such liability. After the expiration of the 5 day period, cancellation by the customer is not possible.
Pallot Glass and Windows may unilaterally cancel this contract if in its Surveyor’s opinion existing lintels or any of the supports are of insufficient span or lacking in strength; or internal or external access is inadequate for the purpose of installation; or the proposed specification infringes By-Laws or statutory or other regulations; or aperture details are not suitable for the proposed work.
In any event the company may accept or reject the order at the time it is placed and/or at the time it is surveyed if later.
It is the Customer’s responsibility to make application for planning or other regulatory or legal approvals for permission to undertake any work that may require approval, and Pallot Glass and Windows cannot be held responsible for any consequential costs incurred by the customer if any such consent was not obtained.
Installation dates provided by Pallot Glass and Windows are given in good faith but without obligation. Pallot Glass and Windows will endeavour to meet installation dates, but will not be liable for any loss or damage or other prejudice suffered by the customer, howsoever arising, as a result in any delay in installation.
Whenever Pallot Glass and Windows is instructed to work on a Customer’s own glass and/or framing, it accepts no responsibility whatsoever for breakage of the glass or damage to the framing while working on these materials. This work is done entirely at the Customer’s own risk and Pallot Glass and Windows expressly excludes all liabilities for replacing any damaged materials which the Customer accepts.
Where Pallot Glass and Windows undertakes replacement window work or ‘builders work’ the price generally includes for, if deemed necessary by us, the making good to reveals immediately adjacent to the perimeter of the window/door, lead fashings, site clearance, etc., but does not include for redecorating inside or out, nor for replacing any tiles damaged during the work. Pallot Glass and Windows may charge extra to the contract sum for any additional work not foreseeable at the time of the survey.
Where Pallot Glass and Windows undertakes to alter existing timber surrounds, the price is subject to these being found in sound condition at the time of installation. Any remedial work required will be carried out at extra cost to the Customer.
Where any electric apparatus or appliance is to be supplied, Pallot Glass and Windows Company is not responsible for connection to the electric supply or for any wiring up.
We will issue our official certificate of guarantee, which we will date so that it takes effect from the date of the final invoice. Upon issuance of the official cerificate of guarantee a five year non transferable guarantee (the “Guarantee”) is given with the goods specified on this order except for a) fittings, b) the finish of any brass fittings, c) powder coated paint finishes located within 500 metres of the seashore and d) our subcontractors’ or our own builders’ making good work (however, an initial six months Defects Liability Period applies to all such builders’ work). During the period of guarantee Pallot Glass and Windows covers the free replacement of parts should they prove to be faulty. An additional 5 year period of warranty is given on sealed double glazing units alone, beyond the initial 5 year period of the Guarantee, but any labour charges incurred in the secondary period are to be paid by the Customer. Where Pallot Glass and Windows is unable to provide an exact replacement a similar product will be provided of the same quality.
In order for any claim to be made under the Guarantee:
any claim arising from a defect in materials or workmanship must be made in writing to Pallot Glass and Windows within 28 days of the defect becoming apparent, failing which no claim under the Guarantee can be made;
unless cleaning and maintenance of our products is regularly undertaken in accordance with our “Product Care and Maintenance” leaflet, (which is available on request at our offices) the Guarantee will cease; and
in the event of any claim against Pallot Glass and Windows under the Guarantee, the burden of proof that adequate and regular maintenance has been undertaken rests with the Customer,
and in the event of any claim made and accepted under the Guarantee, Pallot Glass and Windows will be liable only to replace such defective product, or part of product, as there may be but will NOT be liable for any consequential or other loss and/or damage caused by the failure, or deficient performance, of a guaranteed product.
No guarantee is given that any of the products is visually perfect. All glass products supplied by Pallot Glass and Windows may contain minor visual imperfections. The criteria to be applied for the acceptability of such visual marks are those stated in the G.G.F.’s leaflet entitled ‘Visual Quality Standard for Installed Insulating Glass Units Constructed from Flat Transparent Glass’ copies of which are available on request from the Company’s head office or such successor publication and/or guidelines as may be issued from time to time. Pallot Glass and Windows extends this standard to cover its other products for example anodised or power coated aluminium uPVC and timber framing, and/or fittings insofar as all minor visual imperfections are to be deemed acceptable unless they are exceptionally obtrusive. Where Pallot Glass and Windows affixes a conservatory, porch or lean-to to an existing wall it will not be responsible for any damp on that wall which originates above, below or adjacent to the sides of any such structure it has affixed.
Pallot Glass and Windows gives no guarantee to eliminate or reduce condensation either on framing, exposed surfaces of glass or surrounding surfaces. Pallot Glass and Windows’s guarantee for sealed double glazing units does, however, specifically undertake to eliminate condensation in the cavity between the panes of glass for the period of guarantee.
Wherever Pallot Glass and Windows installs any of its products to pre-existing plinths, sills, walls, pillars overhangs and/or roofs, it specifically excludes any responsibility whatsoever for the behaviour or performance of these pre-existing surfaces after the installation of Pallot Glass and Windows’s products have been completed. The behaviour or performance of surfaces might include the manifestation of damp, condensation or any surfaces’ deterioration.
The Customer is advised to ensure that any representation or promise made before or at the time of signature to the contract not included in the printed form on the contract is added in writing on the face of or to the contract and signed by the Customer and Pallot Glass and Windows or its agent. In this way there is no doubt as to the terms of the Contract which forms the whole contract between the parties irrespective of any oral or other representations made prior to the Contract.
Anodised finishes, and synthetic powder-coated finishes, on aluminium, and uPVC products, are available in a range of colours. Pallot Glass and Windows cannot and does not guarantee an exact colour match between all components, but it undertakes to provide colour matching, on aluminium products, between the ‘top and bottom limits’ of samples which are available on request at Pallot Glass and Windows’s head office. These finishes are guaranteed for five years from the date of delivery to site,* see paragraph 9, provided that Pallot Glass and Windows’s maintenance recommendations are followed. Copies of the maintenance and cleaning schedules are available on request at Pallot Glass and Windows’s head office.
In view of ongoing development and engineering programmes, Pallot Glass and Windows reserves the right to make product changes in the specification or provenance of products without notice, whether or not this Condition is expressly printed on Pallot Glass and Windows’s literature, technical drawings and catalogues provided if such changes occur the Customer is provided with an equivalent or near equivalent product. The Customer will be entitled to a reduction in the Final Payment if the product is changed and is cheaper and will be obliged to pay an additional amount if the product is changed and is more expensive.
The Contract shall be governed by, and construed in accordance with, the laws of Jersey. The Customer irrevocably agrees, for the benefit of Pallot Glass and Windows, that the courts of Jersey shall have jurisdiction to hear and determine any dispute or proceeding and, for such purposes, irrevocably submits to the jurisdiction of the Jersey courts. The submission to the jurisdiction of such courts shall not (and shall not be construed so as to) limit the right of Pallot Glass and Windows to take proceedings against the Customer in any other court of competent jurisdiction nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdiction, whether concurrently or not.
Commercial & Glazing Terms and Conditions
In these Conditions of Sale the ‘Company’ shall mean Pallot Glass and Windows, the ‘Customer’ shall mean the person, firm, partnership or company to whom any quotation is addressed and/or with whom any contract is made, the ‘goods’ shall mean the goods, materials or products agreed to be sold and described in the quotation hereof. The ‘Company’s Conditions of Sale’ shall also mean the Company‚ Conditions of estimate, quotation or tender. The Customer’s ‘Conditions’ shall also mean Conditions or order, subcontract or such like.
The Company’s Quotation
Any Quotation submitted by the Company is based on the Customer’s enquiry documents, any qualifications thereto by the Company, the Company’s product and service specifications and the Company’s Conditions of Sale. It is the Customer’s responsibility to check, that the Company has in its Quotation interpreted the Customer’s enquiry correctly.
Unless otherwise stated, any Quotation by the Company is on a fluctuation basis and is subject to adjustment, commensurate with the rise or fall of the cost of materials and/or labour.
Special Attendances By Customer
Unless otherwise stated, any Quotation by the Company is subject to the Customer providing free of charge to the Company special attendances on site such as all necessary scaffolding, hoisting tackle, lighting, power, water and unloading, distribution, safe and adequate and secure storage of the Company’s materials and plant.
Availability Of Labour And Goods
Any quotation by the Company is subject to goods and/or labour being available at the time the work is required to be executed. The Company cannot be held liable for any shortages and delays in delivery through happenings beyond its control, e.g. Manufacturer’s late deliveries, strikes, war, loss, damage, transport delays, etc.
Unless otherwise stated, any Quotation submitted by the Company does not include for:
Any type of protective coating or tape or the removal thereof or final cleaning down.
The provision and the making of templates for shaped or bent glass and/or windows.
Any Quotation submitted by the Company is on the premise that any Subcontract document shall, in the event, be a Standard Form of Nominated Subcontract issued by the Joint Contracts Tribunal.
Customer’s Own Conditions
In the event that the Company accepts a Customer’s order, any Customer’s Conditions which form part of the Customer’s order are deemed not accepted by the Company unless specifically agreed to in writing.
Acceptance Of Order And Cancellation
Any order placed by a Customer is subject to acceptance in writing by the Company.
Orders cancelled by the Customer are subject to cancellation charges at levels commensurate with the normal retail value of the goods and/or services supplied or produced up to the date of receipt of notice of cancellation.
Unimpeded Working Time And Notice To Commence
The Company normally requires two weeks notice from the Customer to commence work on site. Unless otherwise stated, any Quotation by the Company is given on the understanding that the work can be completed in one continuous operation and any additional stages may be at extra cost to the Customer.
Damaged Or Defective Materials
The Company will not accept any claim for damaged materials unless notified in writing within 5 working days of delivery or fixing.
Throughout the progress of the works, the Company will render invoices at monthly intervals at levels commensurate with any work carried out. Unless payment is received fourteen days after certification of the works or by the 28th day of the month following the invoice date the Company reserves the right to suspend further work or deliveries and to charge interest on the sum outstanding at the end of each month at the rate of 1% per month. Furthermore, should the Company deem that further action or legal representation is necessary to recover any debt, all costs and charges incurred will be rendered in full to the Customer.
Retention Property In Goods
Until payment by the Customer is received in full by the Company for the price of the goods, property in the goods shall remain the Company’s. The Customer shall hold the goods in a fiduciary capacity for the Company and shall store them in such a manner, at his own expense, so that they shall at all time be identifiable as goods of the Company. If the Customer shall receive from whosoever any payment in respect of the goods then the Customer shall receive and hold such monies on behalf of the Company and shall without undue delay pay all due sums to the Company in respect of the goods.
General Product Specification
Anodised and painted finish are available in a range of colours. The Company cannot guarantee an exact colour and surface texture match between all components, but ‘top and bottom anodising colour limits’ samples are available on request.
The surface finish of framing and glass shall be permitted to contain visual imperfections which are not exceptionally obtrusive if viewed at 90 degrees from a distance of two metres in natural daylight, for laminated and toughened glass 3 metres.
The Company undertakes to eliminate for at least the duration of the guarantee period condensation in the cavity between hermetically sealed double glazed units. It does not guarantee to reduce, eliminate or prevent condensation elsewhere.
The British Standard Code of Practice BS 6262 recommends that certain high-risk areas such as Shower Screens, Patio Doors, full-height doors and side panels, low level glazing, balustrades etc., are glazed with safety glass such as laminated or toughened glass. It is the Customer’s duty to provide the Company with such information as will enable the Company to identify any high-risk areas which may require safety glazing.
Research And Development
In view of its ongoing development and engineering programmes, the Company reserves the right to make product changes in the specification of products without notice, whether or not this Condition is expressly printed on the Company’s literature, technical drawings and catalogues.
The Company warrants that the goods installed by it shall be free from material defects in material and workmanship for a period of one year after installation, always provided that the goods are maintained by the Customer according to prevailing correct practices. Copies of maintenance and cleaning schedules are available upon request from the Company
The sole and exclusive remedy with respect to the above warranty or with respect to any other claim relating to defects or any other conditions arising from the use of the goods supplied by the Company, however caused, and whether such claim is based upon warranty, contract, negligence, strict liability or otherwise, is limited to repair or replacement of such products or repayment by the Company of the purchase price paid to it, at the Company’s option.
THE COMPANY DOES NOT MAKE ANY OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LINKED TO, ANY IMPLIED WARRANTY OR MERCHANTABILITY AND ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR SPECIAL, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LINKED TO LOSS OF USE OR PROFITS.
Whenever the Company is instructed to work on or to process a Customer’s own materials such as glass, framing etc., it accepts no responsibility whatsoever for breakage or damage to said goods. Any such work is carried out entirely at the risk and cost of the Customer.
The rights and obligations of the Company and of the Customer shall be governed by the Law of Jersey and the Customer shall submit to the determination of disputes by and generally to the jurisdiction of the Courts of Jersey. In addition the Company retains the right to seek redress in the case of a dispute in the Courts of the Customer’s country of residence.