Standard Terms and Conditions Inspired Glazing

 

1.1 These Terms and Conditions shall be incorporated into an Order. The Seller’s acknowledgement of the Order, commencement of work on the Goods, shipment or supply of the Goods, whichever occurs first, shall be deemed to be the Seller’s acceptance of the Order.

1.2 The Seller’s acknowledgement of the Order, commencement of work on the Goods, or the ordering of materials shall be deemed to be the Seller’s acceptance of the Order.

1.3 THE SELLER’S ACCEPTANCE OF THE ORDER IS EXPRESSLY LIMITED TO THESE TERMS AND CONDITIONS. THE BUYER SHALL NOT BE BOUND BY ANY OTHER TERMS OR CONDITIONS PROPOSED BY THE SELLER OR PRINTED IN ANY DOCUMENTATION PROVIDED BY THE SELLER UNLESS EXPRESSLY AGREED IN WRITING BY A DIRECTOR OF THE SELLER.

 

2.1 The Seller warrants that the Goods shall conform with the specification requirements set out by the Buyer.

2.2 The Buyer acknowledges that all windows, doors, and skylights provided by the Seller are made-to-measure and bespoke to the Buyer’s specific requirements. As such, once the manufacturing process or material procurement has commenced, these Goods cannot be resold or reused for other projects.

2.3 The Buyer is responsible for ensuring the accuracy of any specifications provided. The Seller reserves the right to visit the premises to conduct a final technical survey to verify measurements before manufacturing.

2.4 Customer-Supplied Measurements / Specifications: Where the Buyer provides their own measurements, sizes, drawings, or specifications (whether in whole or in part), the Buyer is solely responsible for their accuracy and suitability. The Seller shall manufacture and/or supply the Goods in accordance with the measurements and specifications provided by the Buyer and shall not be liable if the Goods do not fit, cannot be installed, or are otherwise unsuitable as a result of inaccurate or incomplete information supplied by the Buyer. Any remakes, replacements, or modifications required due to incorrect Buyer-supplied measurements or specifications shall be charged to the Buyer at the full additional cost (including materials, labour, delivery, and any installation or re-installation costs).

2.5 Drawings / Opening Direction / External View: Any drawings, designs, elevations, and/or specifications provided by the Seller to the Buyer for approval are shown from an external view (as viewed from the outside of the property), unless the Seller expressly states otherwise in writing. It is the Buyer’s responsibility to ensure they understand this perspective (including product orientation, handing, and opening directions) before providing written approval. Once approved in writing by the Buyer, the Seller shall not be liable for any misunderstanding or dispute regarding product orientation or opening direction. Any changes or modifications requested by the Buyer after approval and/or after manufacture has commenced shall be treated as a variation and shall be subject to additional charges (including any remake, modification, delivery, and labour costs).

 

3.1 Upon signing the Order, the Buyer shall pay a deposit as specified in the quotation.

3.2 Non-Refundable Material Costs: Because the Goods are bespoke and made-to-measure, the portion of the deposit allocated to material costs and manufacturing is strictly non-refundable once the Order has been processed and materials have been ordered or manufacture has commenced.

3.3 In the event of a cancellation by the Buyer after the expiration of any statutory cooling-off period (where applicable), the Buyer shall remain liable for the full cost of the materials and any bespoke manufacturing already undertaken, in addition to a reasonable administrative fee.

3.4 Cancellation Fee After Survey / Materials Ordered: If the Buyer cancels the Order after the Seller’s surveyor has attended the premises (including for survey, final technical survey, or measurement) or at any time once any bespoke materials have been ordered, the Buyer shall pay the Seller a cancellation fee equal to 20% of the total contract value. This cancellation fee is to cover the Seller’s administrative costs and loss of profit, and is payable in addition to (and does not replace) the cost of any materials already ordered and any bespoke manufacturing already undertaken.

 

4.1 The Seller warrants that the Goods shall conform with the specification requirements set out by the Buyer.

4.2 Should the Seller wish to cease supply of an existing product, 2 weeks’ written notice must be provided.

 

5.1 The Seller shall use reasonable endeavours to meet any scheduled installation dates; however, time shall not be of the essence for delivery or installation.

5.1A Lead Times & Delays: All delivery and installation dates provided by the Seller (whether in a quotation, email, text message, or otherwise) are estimates only and are not guaranteed. The Seller shall not be liable for any delay to delivery, manufacture, or installation caused by supply chain issues, late deliveries from suppliers, shortages of materials, manufacturing delays, adverse weather, access restrictions, or any other circumstances beyond the Seller’s reasonable control.

5.2 Making Good: The Seller’s responsibility for “making good” is strictly limited to the utilization of uPVC trims and/or the application of Polyfilla around the immediate perimeter of the installed Goods.

5.3 The Seller is not responsible for, and will not undertake, any plastering, cement work, rendering, or brickwork. The Seller will not undertake any painting or decorating activities. It is the Buyer’s responsibility to arrange for these trades following the installation.

5.3A Site Preparation & Utilities: The Buyer shall ensure clear, safe, and unobstructed access to the work area and shall provide a safe and tidy workspace for the duration of the works (including keeping the area free from hazards, belongings, and unnecessary obstructions). The Buyer shall also allow the Seller and its employees/contractors free use of electricity and water at the premises as reasonably required for the installation for the duration of the works.

5.4 Parking and Permits: The Buyer is responsible for providing adequate parking arrangements for the Seller’s vehicles (including vans) and, where required, obtaining and providing valid parking permits, visitor permits, or authorisations for the duration of the visit and/or installation. If adequate parking or permits are not provided and any parking charge notice, penalty charge notice, fine, clamp release fee, towing/removal fee, or other parking-related charge is incurred by the Seller (or the Seller’s employees, contractors, or vehicles) while attending the premises to perform the works, the Buyer shall be liable for and shall reimburse the Seller for the full cost of such charge on demand.

5.5 Access Rights: The Buyer grants Inspired Glazing, its employees, agents, and subcontractors a licence to enter the premises at reasonable times for the purposes of surveying, measurement, delivery, installation, inspection, snagging, and any necessary follow-up, remedial, or warranty work.

5.6 Third-Party Property / Shared Access: Where the works require access to a neighbour’s property, third-party land, or any shared/common areas (including shared driveways, alleyways, gardens, balconies, or roof areas), the Buyer is solely responsible for obtaining all necessary permissions and consents in writing prior to the commencement of the relevant works. The Seller shall not be liable for any delays, inability to complete the works, or any allegation or claim of trespass arising out of or in connection with the Buyer’s failure to secure such access and permissions.

5.7 Site Safety & Unauthorized Entry: During surveying and/or installation, the immediate work area (including any area cordoned off, signed, or verbally identified by the Seller’s lead installer/supervisor) shall be treated as a restricted zone. The Buyer shall ensure that children, pets, and any other persons do not enter the restricted zone unless expressly permitted by the Seller’s lead installer. To the fullest extent permitted by law, the Seller accepts no liability for any injury, loss, or damage suffered by any unauthorised person (including the Buyer, their family members, visitors, or other third parties) who enters the restricted zone without the express permission of the Seller’s lead installer.

5.8 Safe Working Environment (Customer Responsibility): The Buyer is responsible for ensuring the premises and work area provide a safe working environment for the Seller’s employees, agents, and subcontractors. This includes (without limitation): (a) ensuring the structural stability and soundness of the working area and any surfaces supporting equipment; (b) identifying and removing or making safe any hazards (including asbestos and other hazardous materials, unstable/loose masonry, concealed voids, sharp objects, unsafe electrics, and aggressive animals); and (c) ensuring that any areas where ladders, towers, scaffolding, or access equipment are required are firm, level, and suitable. The Buyer shall promptly notify the Seller in writing of any known hazards or special site risks prior to commencement.

5.9 Right to Suspend or Cancel for Safety: The Seller reserves the right to suspend work, postpone attendance, or (where necessary) cancel the installation if, in the reasonable opinion of the Seller’s lead installer/supervisor, the working environment is unsafe or poses a risk to health and safety. Any resulting delay shall not constitute a breach of contract by the Seller.

5.10 Costs of Suspension / Re-Visit: If work is suspended, postponed, or aborted due to an unsafe site (or due to hazards not disclosed to the Seller prior to attendance), the Buyer shall be liable for a reasonable re-visit fee and for any additional costs reasonably incurred by the Seller as a result of the delay (including wasted labour time, additional delivery charges, plant/access equipment charges, and any third-party contractor costs).

5.11 Indemnity (Undisclosed Hazards / Unsafe Site): To the fullest extent permitted by law, the Buyer shall indemnify and keep indemnified the Seller against any claims, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with injury, illness, or damage suffered by the Seller’s employees, agents, or subcontractors caused by (a) undisclosed hazards at the premises and/or (b) the Buyer’s failure to maintain a safe working environment, except to the extent caused by the Seller’s negligence.

 

6.1 The Buyer shall inspect the Goods and the installation immediately upon completion.

6.1B Product Variation: The Buyer acknowledges that minor variations in colour, shade, finish, texture, glass appearance, and/or manufacturing tolerances may occur and are inherent in the manufacture and supply of windows, doors, skylights, and related components. Such minor variations (including between samples, brochure images, previous orders, and delivered Goods) are normal and do not constitute a defect, fault, or breach of contract.

6.1A FENSA / CERTASS / Building Control: The Buyer acknowledges that FENSA and CERTASS self-certification schemes generally apply to replacement window and door installations in existing dwellings. New build properties and installations forming part of an extension or other new structural works may require inspection and approval by Local Authority Building Control (or an approved inspector), and in such cases the Seller is not obliged to provide a FENSA and/or CERTASS certificate. Where a FENSA certificate is required by the Buyer or requested by the Buyer for an eligible replacement installation, an additional administrative and certification fee of £450 shall be payable by the Buyer.

6.2 48-Hour Reporting Rule: Any alleged defects, damage, or shortfalls in the Goods or the installation must be reported in writing to the Seller within 48 hours of the completion of the installation.

6.3 Failure to report defects within this 48-hour window shall be deemed as absolute acceptance of the Goods and the installation, and the Seller shall have no further liability for visible damage or defects that should have been apparent upon a reasonable inspection.

 

7.1 The Seller shall indemnify the Buyer against infringement of intellectual property rights arising out of the sale of Goods, provided the Goods were not supplied to a specific design provided by the Buyer.

7.2 Marketing Consent: Neither party shall refer to the agreement for marketing without written consent.

7.3 Notwithstanding clause 7.2, the Seller may use videos and/or photographs of the installation for marketing purposes unless the Buyer specifically opts out in writing at the time of the Order.

 

8.1 The Seller shall defend and indemnify the Buyer against damages or losses resulting from any proven defect in the Goods or negligence by the Seller’s employees.

8.2 The Seller shall maintain Public Liability Insurance with an insurance company of good repute in the minimum sum of £5 million in respect of any one incident.

 

9.1 The Seller shall take reasonable care in carrying out the works. However, the Buyer acknowledges that some minor disturbance or minor damage to internal decorations (including wallpaper, paint, plaster finishes, and tiles) may be unavoidable during the removal of existing units and/or installation of the Goods. To the fullest extent permitted by law, the Seller shall not be liable for such minor unavoidable damage.

9.2 The Buyer is responsible for removing or protecting furniture, curtains/blinds, soft furnishings, and any valuables or fragile items from the work area prior to commencement. The Seller shall not be liable for loss of, or damage to, any such items that have not been removed from the work area.

9.3 The Seller shall not be liable for any loss, damage, delay, or defect arising from structural defects, damp, settlement, movement, unsafe substrates, concealed services, or other pre-existing conditions at the property that were not caused by the Seller.

9.4 Nothing in these Terms and Conditions shall limit or exclude the Seller’s liability for death or personal injury caused by the Seller’s negligence, or for any liability that cannot be limited or excluded by law.

9.5 Subject to clause 9.4, the Seller’s total aggregate liability to the Buyer for any and all claims arising out of or in connection with the Order (whether in contract, tort (including negligence), misrepresentation, restitution or otherwise) shall be limited to the total contract value.

 

10.1 Unless otherwise agreed in writing by senior management, the Buyer shall pay the Seller for all products or services within 2 days from the date of the invoice.

10.1A Retention of Title: Title to (ownership of) the Goods shall not pass to the Buyer and the Goods shall remain the property of Inspired Glazing until the Seller has received payment in full (in cleared funds) of the total contract price and any other sums due to the Seller under the Order.

10.2 Payment Retractions and Chargebacks: If the Buyer initiates a chargeback, payment retraction, reversal, recall, or similar dispute through their bank, card issuer, or payment provider in respect of any sum due to the Seller without a valid legal reason, the Buyer shall remain liable to pay the Seller the full amount due. In addition, the Buyer shall pay the Seller an administrative fee equal to 15% of the total contract value to cover the costs incurred by the Seller in responding to and resolving the dispute. The Seller also reserves the right to recover from the Buyer any additional legal costs, debt recovery costs, collection agency fees, or other reasonable costs incurred in connection with such chargeback or retraction.

9.2 Late Payments: Late payments will be subject to a charge of 8% of the full invoice value if unpaid within the first 7 days. After 10 days, a further 3% will be added to the total outstanding balance.

9.3 After 18 days of non-payment, the debt will be referred to an external debt collection agency, and the Buyer shall be responsible for all additional recovery fees, legal costs, and commissions incurred.

9.4 Remedial Work: No remedial or warranty work will be carried out by the Seller unless all invoices have been paid in full or an amount has been expressly agreed upon in writing with management.

9.5 Warranty / Guarantee Non-Transferable: Any warranty, guarantee, or assurance provided by the Seller (whether written or implied by course of dealing) is strictly non-transferable and applies only to the original purchaser named on the Order. It shall not transfer to any subsequent owner, occupier, purchaser, assignee, tenant, or other third party.

 

10.1 Prices shall not be subject to increase unless agreed by the Buyer 1 month in advance with relevant justification.

 

11.1 This Order and these Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales. The parties submit to the exclusive jurisdiction of the English courts.