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J. Preedy & Sons Limited
- Terms and Conditions of Sale
REV. 17 August: 1997
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- General - The following
terms and conditions of sale apply to all quotations, estimates,
contracts and sales made between J. Preedy & Sons Limited
(The Seller) and any customer or purchaser (The Buyer) for goods
or services supplied or provided by the Seller. Subject to the
provisions of the Unfair Contract Terms Act 1977 all prices for
goods or services are quoted on the basis that contracts entered
into will be based on these conditions. Any variation to these
conditions must be negotiated by the Buyer prior to the placing
of any order. Any terms or conditions of purchase on orders from
Buyers will be of no legal effect insofar as they conflict with
the Sellers terms and conditions of sale.
- Establishment of Contract
- Any quotation or estimate given by the Seller is only an invitation
to the Buyer to make an offer, and no order shall become binding
on the Buyer until it has been accepted by the Seller in writing.
- Prices - Unless otherwise
agreed in writing on the acceptance of order, any price quoted
by the Seller or stated on a Buyers order will be invoiced
at the price ruling at the date of delivery of goods or provision
of service. Any delivery of goods or provision of service will
be subject to a minimum charge of £10 not including VAT.
All prices quoted or charged are exclusive of Value Added Tax
which will be added at the rate applicable at the date of invoice
or tax point.
- Delivery and Carriage
- Any indication by the Seller on a quotation or otherwise of
a time for delivery is not guaranteed and no liability will be
accepted by the Seller for late delivery. Unless otherwise stated
on a quotation or acceptance of order, carriage will be charged
in addition to prices quoted or charged. Insurance during carriage
shall be effected as agreed between Buyer and Seller but in the
absence of any agreement insurance shall be the responsibility
of the Buyer.
- Returns and Queries -
All queries on invoices must be communicated to the Seller within
21 days of the date of invoice. In the event of goods being subject
to damage or shortage the Buyer shall give written notice to the
Seller within 7 days of the receipt of the delivery advice from
either the Seller or the Carrier. All goods returned are subject
to a restocking charge and must be in the original packing. Products
in polished finishes, i.e. Brass, Stainless Steel & Gold cannot
be returned or credited once packings are opened.
- Credit Accounts - All
orders from Buyers who do not hold an approved credit account
with the Seller are required to provide payment in full to accompany
orders in advance of delivery of goods or provision of services
and payment must include all packing and delivery costs.
- Alteration of Specifications
and Products - The Seller reserves the right to change
specifications or withdraw or add products and services from catalogues
and price lists without notification to Buyers unless otherwise
agreed in writing on acceptance of order.
- Payment - Unless otherwise
agreed in writing prior to the placement of any order by the Buyer
payment for goods or services supplied shall be made in full not
later than the end of the month following the month of invoicing.
Payment according to terms is of the essence of the contract and
in the event of non payment by the Buyer according to terms the
Seller reserves the right to withhold further deliveries of goods
or performance of services until payment of all monies due to
the Seller have been received. The Seller further reserves the
right to charge to the Buyer interest on all overdue accounts
at the rate of 3% over Barclays Bank plc base rate.
- Title - Property in the
goods shall not pass to the Buyer until both the purchase price
of the goods has been paid in full and payment is made to the
Seller of any sum which is at the date of the contract or may
thereafter become due from the Buyer to the Seller. Until property
in the goods has passed to the Buyer the Buyer will hold the goods
or their proceeds of resale in a fiduciary capacity. Although
the ownership of the goods remains with the Seller until goods
are paid for in full, the Buyer will accept the risk in the goods
and will insure them. The Buyer will keep the goods separately
identifiable and grants an irrevocable licence to the Seller to
enter on to the Buyers premises or other site where the
goods are stored with agents and vehicles if appropriate to recover
the Sellers property.
- Force Majeure - In the
event of the Seller being unable to perform all or any part of
the contract due to force majeure, the Seller shall be excused
performance subject to the Seller undertaking to take all action
to mitigate or remove the reasons for non-performance and to resume
performance of the contract as soon as such reasons are removed.
Force majeure includes Acts of God, strikes, lock-outs, industrial
action, fire, accident, earthquakes, storms, floods, explosion,
war or any other circumstance beyond the reasonable control of
the Seller.
- Defective Goods - Within
six months of the date of purchase the Seller will replace free
of charge any goods which are defective subject to the Buyer notifying
the Seller in writing within 14 days of discovering the defect
and subject to the goods not having been improperly installed,
subjected to misuse or any form of unauthorised repair. The Seller
shall not be liable for any consequential costs incurred by the
Buyer as a result of any defective goods. The Sellers liability
in respect of defective goods is strictly limited to replacement
of the goods or reimbursement of the original value of the goods
subject to the aforementioned conditions. Nothing in these conditions
will exclude the Sellers liability in respect of death or
personal injury resulting from the negligence of the Seller or
its employees or agents.
- Right to Subcontract
- The Seller reserves the right to Subcontract any part or all
of the contract.
- Termination - The Seller
reserves the right to terminate the contract in the event of the
Buyer failing to pay sums due to the Seller or if the Buyer breaches
any terms of the contract or if the Buyer suffers distress or
execution, commits an act of bankruptcy or is unable to pay its
debts within the meaning of Section 123 of the Insolvency Act
1986.
- Law - These conditions
and any contract between the Seller and the Buyer shall be governed
by the laws of England and the Buyer agrees to submit to the exclusive
jurisdiction of the English Courts.
Supplementary Conditions applicable to:-
Glazing & Fixing Jobs
- Site Facilities - Quotations
for work to be done on site are based on the understanding that
provision on site will be made free of any charge to the Seller
of all equipment and facilities to enable the Seller to fulfil
the requirements of all current statutory Building, Health &
Safety regulations and Factories Acts requirements if applicable.
The necessary scaffolding and lifting gear and the operation thereof
to be provided and erected free of any charge to the Seller and
the usual services of General Contractors in receiving and unloading
and storing materials are to be provided free of charge. Failure
by the Buyer to provide such services and facilities will be the
subject of additional charges.
- Templates - Unless stated
in quotations prices do not provide for making templates for glass
shaped or bent, whether supplied only, glazed or fixed.
- Site Conditions - Unless
stated in quotations prices do not include for glazing from boats,
swings or ladders and for other special works such as removal
of fittings, alteration of frames etc. neither for carrying glass
for glazing any undue distance due to lack of access road from
our vehicle. It is always assumed that bye-law permission will
be given during normal working hours and that easy access is available.
- Painting and Cleaning
- Glazing work does not include the painting of frames, sashes,
beads nor the cleaning of the glass.
- Glass Roof Lights - When
replacing glass roof lights, the Seller does not accept any responsibility
for damage or disturbance to the roof arising from the reasonable
use of equipment necessary for the execution of the work entrusted
to us. The Seller guarantees glazing to be waterproof, but accepts
no liability for water percolation from other causes incidental
to the glazing work carried out by the Seller.
- Other Warranties - All
articles covered by warranty i.e. Factory sealed units, are subject
to terms and conditions laid down by individual Manufacturers
Warranty whether supplied only or glazed.
- Buyer Supplied Information
- Thickness, specification, sizes of glass and method of installation
stated on documented or other information supplied by the Buyer
does not necessarily imply their adequacy. Once the glass is installed,
the Seller cannot accept any liability for damage or injury to
property or persons or for any costs, expenses or losses incurred
by the Buyer or their clients. Building designers are responsible
for stating the maximum wind load pressure that the glass is expected
to withstand, to enable the Seller to quote correct thickness,
specification and sizes.
- Toughened Glass Doors
- In the event of the Seller quoting for the supply and fixing
of toughened glass doors or assemblies, holes for the floor springs
must be cut out ready to receive them and making good undertaken
by others. If the transom bar is metal or sheathed metal the top
pivots or overhead springs must be fixed into position by others
prior to delivery. Openings must be plumb and square, any rebates,
cut outs etc. in the floor, stiles or head must be carried out
by others.
Mirrors
- Templates - Unless the
Buyer supplies templates, mirrors to fit in recesses, against
walls or butting against other materials will be cut point to
point only allowing to rake where necessary.
- Antique Mirror Glass
- Antique or coloured mirrors are obtained by random application
of many chemicals. Each piece is therefore unique and by its very
nature cannot guarantee to produce specific design or colours.
Although every care is taken we regret we cannot accept any responsibility
that matching will be achieved and orders are accepted and executed
only on this understanding.
- Re-silvering - Resilvering
of Buyers own mirrors is carried out at the Buyers
risk, and no guarantee can be given that re-silvering will be
successful.
Buyers Property
- Responsibility - Whilst
the Seller will take every care in handling, storing, transporting
and processing or installation of Buyers own glass or other
property, such glass or other property belonging to Buyer is entirely
at the Buyers own risk.

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In
1987, by being able to maintain quality and service to the Royal
household, J. Preedy & Sons Limited was nominated by appointment
to Her Majesty the Queen, supplier of Glass Table Tops.
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