CONTRACT FOR THE SUPPLY OF PRODUCTS & SERVICES

Glen Settle Limited
(company number: 09188397 whose registered office is at 1 Ivy Cottage, Sykes Lane, Saxilby, Lincoln, Lincolnshire, England LN1 2NU)
(referred to in this Contract as Glen Settle).

OUR TERMS & CONDITIONS

1. TERMS

1.1  What these terms cover. These are the terms and conditions on which we supply products and/or services to you.

1.2  Why you should read them. Please read these terms carefully before you submit you order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or wish to request any changes, please contact us to discuss.

1.3  Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:

  • You are an individual.

  • You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).

Provisions specific to consumers only are in red and those specific to businesses only are in green.

1.4  If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

2. INFORMATION ABOUT US AND HOW TO CONTACT US

2.1  Who we are. We are Glen Settle Limited a company registered in England and Wales. Our company registration number is 09188397 and our registered office is at 1 Ivy Cottages, Sykes Lane, Saxilby, Lincoln, Lincolnshire, England LN1 2NU.

2.2  How to contact us. You can contact us by telephoning our customer service team at 01522 305 375 (8.00am to 5.00pm Monday to Friday other than Public Holidays in England) or by writing to us at 1 Ivy Cottages, Sykes Lane, Saxilby, Lincoln, Lincolnshire, England LN1 2NU or emailing us at [email protected].

2.3  How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

3. OUR CONTRACT WITH YOU

3.1  How we will accept your order. All quotations are valid for 30 days unless stated otherwise on the quotation. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.

3.2  If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product and/or service. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.

3.3  Your quote number. We will assign a quote number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

3.4  We only sell to the UK mainland. Our brochure and website are solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from or deliver to addresses outside the UK.

4. OUR PRODUCTS

4.1  Products may vary slightly from their pictures/drawing/quote. The images of the products in our brochure/website/pictures/drawings/quotes are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours or the printed pictures in our brochure accurately reflects the colour of the products. Your product may vary slightly from those images, please read the specifications written for information of details.

4.2  Making sure your measurements are accurate. If we are making the product to measurements you have given us you are responsible for ensuring that these measurements are correct. You can find information and tips on how to measure in our brochure or on our website, or by contacting us.

5. YOUR RIGHTS TO MAKE CHANGES

If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

6. OUR RIGHTS TO MAKE CHANGES

6.1 Minor changes to the products. We may change the product:

6.1.1  to reflect changes in relevant laws and regulatory requirements (for example any changes that may be required by our suppliers to comply with legislation applicable to the supply and delivery of our products); and

6.1.2  to implement minor technical adjustments and improvements to the products we supply. These changes will not affect your use of the product.

7. PROVIDING THE PRODUCTS AND SERVICES

7.1  Delivery costs. Should there be a cost regarding delivery, this will be set out during the order process.

7.2  When we will provide the products.

7.2.1  If the products are goods. If the products are goods we will discuss an estimated delivery date with you and will deliver them to you as close as reasonably possible to your preferred delivery date, this allows us to route together our customers’ orders, in order to deliver in the most economical and environmentally friendly way possible. If you have a more urgent requirement, please contact us and we will do our best to help.

7.2.2  If the products are one-off services. We will provide an estimate guideline on lead in time for installation to you during the order process, and will keep you informed of any changes to the estimated commencement of installation.

7.2.3  In times of very high demand, or because of events outside our control as set out in clause 7.3, we may need to adjust our estimated delivery dates and/or completion dates.

7.3  We are not responsible for delays outside our control. If our supply of the products and/or commencement of the services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay (being a delay of longer than 8 weeks) you may contact us to end the contract and receive a refund for any products you have paid for but not received.

7.4  Collection by you not permitted. Please note that we do not have procedures in place/facilities for you to collect any products from our premises.

7.5  If you are not at the delivery address when the product is delivered. If no one is available at your address to take delivery of the products and you have not specified in your order form for a delivery to be made on an unattended basis, we will not make the delivery. Please call our customer services on 01522 305 375 or email us at [email protected] to arrange another delivery date.

7.6  If you do not re-arrange delivery. If, after a failed delivery to you, you do not re-arrange delivery we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 will apply.

7.7  If you do not allow us access to provide services. If you do not allow us access to your property to perform the services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re- arrange access to your property we may end the contract and clause 10.2 will apply.

7.8  Curtain and blind removal and refit service. We offer to remove and re-fit your curtains and blinds for a fee as set out in our offer.

7.9  When you become responsible for the goods. A product which is goods will be your responsibility from the time the products are installed.

7.10  When you own goods. You own a product which is goods once we have received payment in full.

7.11  What will happen if you do not give required information to us. We may need certain information from you so that we can supply and install the products to you. If so, this will have been stated in the description of the products in our brochure or on our website. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (see clause 10.1) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information, we need within a reasonable time of us asking for it.

7.12  Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:

7.12.1  deal with technical problems or make minor technical changes;

7.12.2  update the product to reflect changes in relevant laws and regulatory requirements;

7.12.3 make changes to the product as notified by us to you (see clause 6).

7.13 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 14.4) and you still do not make payment within 7 (seven) days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see clause 14.7). As well as suspending the products we can also charge you interest on your overdue payments (see clause 14.5).

8. YOUR OBLIGATIONS

8.1 Your obligations under the contract. You shall:

8.1.1  co-operate with us in all matters relating to the product and services;

8.1.2  obtain any necessary consents, permits or other permissions prior to us commencing the services;

8.1.3  where necessary, be responsible for the moving of any services, fixtures, or fittings which are ancillary to the basic structure of the property,

8.1.4  remove any blinds, pelmets and curtains in order for us to provide the services (subject to clause 7.8);

8.1.5  obtain any consent for access to adjacent properties, if required;

8.1.6  be responsible for any redecoration required after installation;

8.1.7  maintain the product in accordance with our product aftercare instructions.

9. YOUR RIGHTS TO END THE CONTRACT

9.1  You can always end the contract for the supply of a product before it has been completed. You may contact us to end your contract for a product at any time before we have delivered it or completed supplying it and you have paid for it except in relation to bespoke products (see clause 9.4), but in some circumstances we may charge you for doing so, as described below. Of course, you always have rights where a product is faulty or mis-described (see clause 11, “If there is a problem with the products”). We will not order any materials in relation to your order until after the expiration of 14 days from acceptance of your order.

9.2  What happens if you have a good reason for ending the contract. If you are ending a contract for a reason set out at 9.2.1 to 9.2.5 below the contract will end immediately and we will refund you in full for any products which have not been provided or have not been provided properly and you may also be entitled to further compensation. The reasons are:

9.2.1  we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 7);

9.2.2  we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;

9.2.3  there is a risk that supply of the products may be significantly delayed because of events outside our control;

9.2.4  we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 8 weeks; or

9.2.5  you have a legal right to end the contract because of something we have done wrong (but see clause 7.9 in relation to your rights to on end the contract if we deliver late.

9.3  What happens if you end the contract without a good reason. If you are not ending the contract for one of the reasons set out in clause 9.2, then the contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.

9.4  What happens if you have ordered bespoke products? If you have ordered bespoke products and we have ordered materials for this product you will not have a right to cancel. We may at our sole discretion refund any sums paid by you for bespoke products but we may deduct from that refund reasonable compensations for the net costs we will incur as a result of your ending the contract.

10. OUR RIGHTS TO END THE CONTRACT

10.1 We may end the contract if you break it. We may end the contract for a product or service at any time by writing to you if:

10.1.1  you do not make any payment to us when it is due and you still do not make payment within 7 (seven) days of us reminding you that payment is due;

10.1.2  you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products.

10.1.3  you do not, within a reasonable time, allow us to deliver the products to you; or

10.1.4 you do not, within a reasonable time, allow us access to your premises to supply the services;

10.2  You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

10.3  We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least 14 days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.

11. IF THERE IS A PROBLEM WITH THE PRODUCT

11.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 01522 305 375 or write to us at 1 Ivy Cottages, Sykes Lane, Saxilby, Lincoln, Lincolnshire, England LN1 2NU or email us at [email protected].

12. YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS IF YOU ARE A CONSUMER

12.1 For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

12.2 Our guarantee. We offer the following guarantees which are in addition to your legal rights (as described in clause 12) and does not affect them. We guarantee from the date of the contract that:

12.2.1  all of the PVC profiles used in the manufacture of our windows and door range of products are guaranteed for 10 (ten) years against discolouration and structural degradation;

12.2.2  all of the double and triple glazed units used are guaranteed for 10 (ten) years to achieve a pass in compliance with EN1279; and

12.2.3  all fittings, locks and ironmongery used in the product range are guaranteed for 10 (ten) years.

12.2.4  We offer a 10-year warranty, within which we provide cover for all repairs and workmanship carried out by us for 1 year from the date of installation. If your product develops a fault due to defective materials or construction within the first year, we will repair or replace it at no extra cost to you. For the further 9 years, parts will be supplied at no extra cost, but labour charges will be applied.

This guarantee is only offered to consumers resident in the UK.

12.3 Transferring our guarantee. You may transfer our guarantee at clause 12.1 to a person who has acquired the product or, where the product is services, any item or property in respect of which we have provided the services. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property.

13. YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS IF YOU ARE A BUSINESS

13.1  If you are a business customer we warrant that on delivery, and for a period of 12 months from the date of delivery (warranty period), any products which are goods shall:

13.1.1  conform in all material respects with their description; and

13.1.2  be free from material defects in design, material and workmanship.

13.2  Subject to clause 13.3, if:

13.2.1  you give us notice in writing during the warranty period within a reasonable time of discovery that a product does not comply with the warranty set out in clause 13.1;

13.2.2  we are given a reasonable opportunity of examining such product; and

13.2.3  you allow us access to your property to collect the product,

we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.

13.3  We will not be liable for a product’s failure to comply with the warranty in clause 13.1 if:

13.3.1  you make any further use of such product after giving a notice in accordance with clause 13.2.1;

13.3.2  the defect arises because you failed to follow our oral or written instructions as to the use or maintenance of the product or (if there is none) good trade practice;

13.3.3  the defect arises as a result of us following any drawing, design or specification supplied by you;

13.3.4  you alter or repair the product without our written consent; or

13.3.5 the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.

13.4  Except as provided in this clause 13, we shall have no liability to you in respect of a product’s failure to comply with the warranty set out in clause 13.1.

13.5  These terms shall apply to any repaired or replacement products supplied by us under clause 13.2.

14. PRICE AND PAYMENT

14.1  Where to find the price for the product. The price of the product (which includes VAT – please see further at clause 14.2) will be the price indicated when you place your order. We take reasonable care to ensure that the price of product advised to you is correct. However please see clause 14.3 for what happens if we discover an error in the price of the product you order.

14.2  We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

14.3  What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

14.4  When you must pay and how you must pay. We accept payment by the following methods:-

14.4.1 VISA (Commercial: charge, credit, pre-paid and business debit; Consumer: credit, electron credit, debit, V PAY and pre-paid); and PayPal.

You must pay:-

14.4.2 For goods, 40% deposit upon accepting the order. Then an advance payment of 35% of the price of the products 14 days before we install the products. We will invoice you for the balance of the price of the products on the completions of the installation.

14.4.3 For services, by making an advance payment of 50% of the price of the services, before we start providing them. We will invoice you for the balance of the price of the services when they have been completed. You must pay each invoice within 14 calendar days after the date of the invoice.

14.5  Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

14.6  We can charge interest if you pay late. If you do not make any payment to us by the due date, we may charge interest to you on the overdue amount at the rate of 4% (four per cent) a year above the Bank of England base rate from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

14.7  What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

15. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER

15.1  We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

15.2  We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 12.

15.3  We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability will be limited as set out in clause 16.

16. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A BUSINESS

16.1 Nothing in these terms shall limit or exclude our liability for:

16.1.1  death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);

16.1.2  fraud or fraudulent misrepresentation;

16.1.3  breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or

16.1.4  defective products under the Consumer Protection Act 1987; or

16.1.5  any matter in respect of which it would be unlawful for us to exclude or restrict liability.

16.2 Except to the extent expressly stated in clause 13.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.

16.3 Subject to clause 16.1:

16.3.1  we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and

16.3.2  our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to 5%.

17. OUR LIABILITY FOR DAMAGE TO YOUR PROPERTY

When we are liable for damage to your property. If we are providing services in your property, we will make good any damage to your property caused by us while doing so, including the plaster, floor rendering or brickwork immediately surrounding any window or door installed by us. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.

18. HOW WE MAY USE YOUR PERSONAL INFORMATION

18.1 How we may use your personal information. We will only use the personal information you provide to us:

18.1.1 to supply the products to you;

18.1.2  to process your payment for the products (but please note that we do not store any card details when you make payment using a debit or credit card); and

18.1.3  To give you information about similar products that we provide or our weekly newsletter update, but you may stop receiving this at any time by contacting us.

18.2  The use of any of your personal information will be in accordance with our Privacy Policy. You can find our Privacy Policy at glensettle.co.uk/privacy- cookie-policy/.

18.3  We will only give your personal information to third parties where the law either requires or allows us to do so.

19. OTHER IMPORTANT TERMS

19.1  We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

19.2  You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. However, if you are a consumer you may transfer the guarantee at clause 12.3 to a person who has acquired the product. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property, for example by seeing a contract of purchase.

19.3  Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 12.1 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

19.4  If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

19.5  Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

19.6  Which laws apply to this contract and where you may bring legal proceedings if you are consumer. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

19.7  Which laws apply to this contract and where you may bring legal proceedings if you are a business? If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.

 
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