20th February 2015
a) ‘Company’ means Pure Vista Ltd
b) ‘Buyer’ means the person, company or firm who places an order with the company for the manufacture and supply of any goods
a) This agreement is between the company and the buyer, the terms of which shall not be changed without written confirmation from both parties
3.Orders and applicable contractual terms
a) These terms and conditions shall apply to all tenders, offers, quotations, acceptances, deliveries or contracts relating to the sale of goods entered into by the company. In the event of any conflict with the terms and conditions of business of the buyer, the company’s terms and conditions shall prevail.
b) The company will accept ‘as fact’ specifications as received. The buyer, in writing, may only make any alterations to an order or specification and should the items in question be partly or fully manufactured, any extra charge is to be agreed by the buyer before the alterations will be accepted by the company.
4.Prices and payment terms
a) The company has quoted its prices based on the payment terms shown or as otherwise stated on the quote.
b) Accordingly the company rely on the buyer to pay the whole of the balance when given notice of completion by way of an invoice or pro-forma invoice depending on terms agreed.
c) VAT will be payable by the buyer at the appropriate rate in force at the time the invoice is raised.
d) Each consignment of supply only goods will be invoiced separately and payment against the invoice shall fall due, in full, according to the standard terms shown below.
e) Payment shall be made in the currency specified in the contract.
f) Quotations in a currency other that sterling are based on the rate of exchange at the time of quotation and will be subject to revision up or down, if any different rate of exchange is ruling at the date of the order acknowledgment is dispatched.
g) If for any reason the buyer is unable to accept delivery when due, the goods will nevertheless be invoiced and payment will be due according to the standard terms shown below. In such cases the company will, if facilities permit, store the goods at the buyers risk until delivery, and reserve the right to make additional charges for such storage and any extra handling or transportation.
h) Faulty goods will not be accepted as a reason for non-payment of invoices, as the company guarantees to replace any unit found to be defective on delivery.
i) Anticipated delivery and completion dates notified to the customer are the company’s best estimate at the time. The company will not accept claims or deductions in respect of late delivery of goods.
j) If payment received from the buyer is not stated to refer to a particular invoice, the company may appropriate such payments to any outstanding invoice.
k) If the buyer fails to make any payments in the time specified the company reserves the right and without prejudice to any other rights, suspend further deliveries until payment is made.
l) The company is entitled to charge interest on the outstanding balance of the overdue account from the time of default to the time of payment, calculated on a daily basis at a rate of 4% per month. This is initiated if balances are overdue by one calendar month.
m) Payment terms are: account holders – 30 days from the end of the month following the invoice date. Non-account holders due on pro-forma invoice.
n) The buyer’s failure to pay the balance on satisfactory completion would be a breach of this agreement.
5.Variations to contract
a) Any variations of this agreement must be in writing and signed by both parties.
b) Should the item in question be partly or fully manufactured, an extra charge will be agreed before the alteration is made.
c) A contract with all variations will be required from the buyer and must be signed by the buyer.
a) Without prejudice to the foregoing, no statement or undertaking contained in any British standard, Euro norm, ISO recommendation or other standard or technical specification as to the suitability of the goods for any purpose shall give rise to any legal liability. The buyer shall satisfy itself that the goods are suitable for any product or application for which they are to be used before the goods are incorporated into such product or application.
b) The buyer agrees upon demand to indemnify the company against all loss, damage, injury, cost and expenses of whatever nature suffered by the company to the extent that the same are caused by or related to: specification or design given or stipulated by the buyer to the company in respect of goods produced by the company for the buyer, the improper incorporation, use, processing, storage or handling of goods by the buyer.
c) Goods bought by the buyer in an unfinished, unprotected state are not warranted by PureVista, they must be finished to an equal level of protection as offered by PureVista. Any defect to the goods is to be covered by the buyer.
d) In the event of cancelling an order any costs incurred by the company such as delivery charges, or the processing of any goods will be passed on to the buyer.
e) PureVista can ship goods, prior to an agreement, in instalments. Each instalment will be treated as a separate contract.
a) In the interest of efficiency, dealing with any query, written notice of such queries must be given to the company.
b) The company must be afforded every reasonable opportunity to remedy any complaint for which it may be liable.
8.Retention of title
a) The company shall retain title to and ownership of the goods until it has received payment in full of all sums due for all goods supplied by the company to the buyer.
b) Pending payment in full by the buyer of all the sums due to the company, the buyer will store the goods separately from any goods belonging to the buyer or any third party, in a manner clearly marked and readily identifiable as the company’s property. The company shall be entitled to enter the buyer’s premises on 24 hours notice to verify the buyer’s compliance with this clause.
c) If the buyer fails to make payments when due of all monies owed to the company on whatever account or become insolvent or commits an act of bankruptcy or if a receiver is appointed over any part of the buyer’s business or property, the buyers right to possession of the goods unpaid for shall ceases immediately. The buyer acknowledges that the company may for the purpose of recovery of goods pursuant to this condition enter upon any premises where the goods are stored or where they are reasonably thought to be stored and the company may repossess the goods.
d) In the event the of the buyer requiring the goods for re-sale the buyer will so inform the company at time of order and will provide the company with details of the intended sub-purchaser’s identity and address so that the company may notify such intended sub-purchaser of the company’s retention of title in and ownership of the goods pending payment by the buyer of all monies due from the buyer to the company.
e) If the buyer, not having paid all monies due to the company in full, has not received the proceeds of any sub-sale of the goods, the buyer will, within four working days of being called upon by the company so to do, assign to the company all rights against the person or persons to whom the buyer has sub-sold the goods.
9.Delivery and risk
a) Any time or date for the despatch or delivery of goods whether specified in a quotation or otherwise given by the company shall be an estimate in good faith but shall not be binding on the company either as a term of the contract or otherwise. In no circumstance shall the company be liable for any loss or damage sustained by the buyer in consequence of a failure to deliver within such time or by such date.
b) All goods supplied are to be inspected by the buyer on delivery. No claims for incomplete orders or damage will be permitted or accepted by the company after three days of delivery of the goods.
c) The buyer acknowledges that the buyer is in possession of the goods solely as bailee for the company until such time as the buyer has paid in full all sums owing to the company, but that the risk in the goods shall pass to the buyer either when the goods are delivered by the company to the buyer or in all other cases on the company’s despatch of the goods.
d) Returns will only be accepted if they are received in their original packaging and within one month from date of invoice. A 20% handling charge will be incurred for returned items.
e) We must be notified of receiving any damaged goods within 3-days of receiving delivery. Any returns made after this time will not be accepted.
f) Any items which seem to be missing with no notification or knowledge of the company must be noted to us within 7-days after receiving delivery
20th February 2015
a) No terms and conditions shall affect the statuary rights of the buyer.
b) To mark our confidence in the products we supply you a 12-month warranty.
c) In the unlikely event that any defect should occur within the above mentioned guarantee period, please do not hesitate to contact us immediately. We will then arrange an inspection, and will repair or replace free of charge any components found to be defective due to faulty materials or manufacture.
d) This guarantee does not affect your statuary rights as a customer in the United Kingdom
The customer’s attention is drawn to the User Guide and recommended maintenance documentation. Failure to follow the steps outlined will render the warranty invalid.
Routine cleaning and normal cosmetic and mechanical ware are not covered under the terms of this warranty.
Stainless steel fittings and anodised aluminium in exposed marine locations can be subject to surface staining /spot rusting, the cleaning of this is not covered under the warranty.
The buyers must satisfy themselves that the goods will meet the required national and state standards and ratings required for each individual installation and that the method of installation is satisfactory to this and all national building codes.
The warranty will be invalidated immediately should the product be misused, damaged or dismantled by the customer, or any unauthorised person, or any alteration to the original specification or should the product show evidence of impact, mishandling or tampering, unnatural chemical corrosion or use contrary to its intended purpose.
Goods bought by the buyer from the company in an unfinished, unprotected state ( none anodising or powder coating surface protection) are not warranted by PureVista. Subject to the buyer applying the appropriate equal or greater protective coating (minimum 20 micron anodising) to the goods then this will be re-viewed on an order by order agreement
As part of the results of the normal float glass process, tempered glass might contain nickel sulphide inclusions which may lead to spontaneous breakages. The company cannot guarantee the exclusion of all nickel sulphide inclusions, nor can they take any responsibility for the costs incurred for replacement units or associated costs.
In any dispute over the visual quality or material tolerance in shape, twist or bow. The industry standard as laid out by the relevant body such as the Glass & Glazing federation will be used as reference.
The limitation of the company’s warranty is to the goods and services provided only and excludes any product or service (including installation and building work) not supplied by the vendor nor any other consequential damage or loss arising. Products must be fitted and maintained in accordance to the company’s recommended methods of installation, incorrect fitting by the customer or third party installers will invalidate this warranty.
If replacement goods are supplied it will be of a standard type of product current at the time of replacement, this warranty applies to replacement goods up to the limit of the warranty period covering the original goods.
Any goods or services not fully paid for under the company’s terms and conditions of sale remain property of Pure Vista Ltd.
20th February 2015