5. Delivery 

When will the order be delivered? 

5.1 For standard products, delivery will normally be within 30 days of receipt of order. For made to order products delivery times can vary depending upon receipt of special materials and general workload. 

5.2 If we quote a delivery period longer than 30 days or later than any date requested by you, you will be required to confirm that this is acceptable and if it is not you may cancel the order in accordance with clause 3 hereof and any monies paid will then be refunded in full. Whilst we endeavour to dispatch products on time and will aim to keep you informed if there is any delay, we do not accept liability except as stated in clause 3. Delivery dates are estimates unless agreed as fixed below for any failure to deliver on the stated date or at the stated time. 

5.3 Once we have carried out our quality controls and assessments, if it is determined that the quality of any of your products does not meet our high standards, we will inform you of this in writing and where possible by telephone.  If this means there is a delay to your estimated delivery date, you will be informed of this.  We will reproduce the order for you to ensure it meets our quality and assessment controls.  Although we will use our best endeavours to inform you of this as soon as practicable, we may not be able to advise you of delays until the day of delivery. 

5.3 Delivery will for the purpose of these Conditions be deemed to have occurred on the happening of the first of the following events:- 

5.3.1 actual delivery to the Customer or to its carrier, agent or contractors; 

5.3.2 collection by the Customer, its carrier, agent or contractor from the Company’s place of business; or 

5.3.3 when the Company notifies the Customer that the Goods are ready to be delivered or collected and the Customer requests that delivery or collection be delayed. 

5.4 In the case of defective Goods or loss in transit written notice must be given by the Customer to the Company and where appropriate to the carrier concerned within 24 hours of the defect or loss. 

5.5 Where the Contract provides for delivery in instalments any defects in the Goods in any such delivery will not be a ground for cancellation of the remainder of the Contract. 

5.6 The Company may deliver the Goods or perform the services in advance of the quoted delivery dates and reserves the right to make part deliveries upon giving reasonable notice to the Customer. 

5.7 Although the Company will use its reasonable endeavours to deliver the Goods or perform the Services at the rate and at the time quoted for delivery, it will not be liable for any loss or damage arising from its failure to do so. 

5.8 Time for the delivery of Goods or performance of the Services will not be of the essence unless previously agreed by the Company in writing. 

6.  What carriage charges are payable? 

6.1 Except for trade orders (above the minimum carriage-paid values) carriage charges are payable by you in addition to the product prices. We will issue a quotation subject to carriage costs and will provide a firm price for carriage once the specification is fully agreed with you. 

6.2 Where products are being delivered, you must ensure somebody is present to accept delivery. Should we incur costs due to you or an appointed representative not being present upon delivery, those costs will be passed over and charged to you.   

Unless otherwise stated in any account terms and contract, payment terms for supply is full payment in advance unless stage payments have otherwise been agreed with you in writing at the time of our quotation and confirmation. 

19.2   If you are a trade customer and credit terms have otherwise expressly been agreed with you, payment is due for settlement in full in the currency of invoicing strictly as agreed with you. You have an option to place funds on account whereby you pay us an upfront sum to cover any excess of your order value against what your agreed credit limit is.  This will avoid the need to apply for an increase to your credit limit. Any upfront payment will be secured in your credit account and only used to offset an excess of credit required from order to order or where your final payment is late by 10 days beyond the stated due date for payment. 

19.3   The payment of the price shall be the essence of the Contract. Receipts for payment will be issued only upon request. You shall not be permitted under the terms of this contract to make any deductions, set offs or counterclaims against any invoice to be paid. 

20.  What happens if payment is late? 

20.1 In the event that payment is not made by you on or before the due date, or any amount remains more than 30 days overdue,  we reserve the right to cancel the contract, suspend performance under the contract and charge you interest on any overdue payment at the statutory interest rate applicable to commercial debts (being the rate of 8% above the Bank of England base rate for each half year commencing on 30 June or 31 December) from the due date of payment to the actual date including any time before or after any proceedings for recovery of the debt plus any other costs recoverable under law (including reasonable debt recovery costs). Any dishonoured cheques will also be subject to a £25 administration charge, that will apply on every occasion that any such cheque does not clear. 

20.2 If the Customer requests delivery or collection of the Goods be delayed, then they will pay all costs and expenses incurred by the Company as a result of the delay. The Company will be entitled to charge a reasonable storage charge during such period of delay. Any delay does not entitle the Customer to delay payment of the Goods. 

20.3 Payment will be made by the Customer on or before the last day of the month following the date of invoice for each delivery or part delivery. 

20.4 Time for payment will be of the essence of the Contract. 

20.5 If payment is not received on the due date then interest will be payable in accordance with clause 20.1 hereof. Interest will be calculated on a monthly basis or part from the due date to the date of actual payment. The Company will be under no obligation to allow overdue accounts to remain outstanding notwithstanding payment of such interest. 

20.6 The Customer will not be entitled to withhold payment of any amount payable under the Contract to the Company because of any claim of the Customer in respect of any alleged breach of Contract. 

20.7 The Customer will not be entitled to set off against any amount payable under the Contract to the Company any monies which are not then currently payable by the Company or in respect of which the Company disputes liability under other Contracts. 

    20.8 In the event that the Company has to pursue payment through Debt Collectors or through the Courts, then the 

Company reserves the right to add all charges, costs and expenses, to any such claim against the Customer.

 21. Errors and Omissions 

21.1  If there has been a miss-calculation in price or if increased quantity has been manufactured / installed based on  
  revised instructions from you, we reserve the right to charge for this amount. 

            21.2  We have the right to remove any uninstalled products from the Customer’s site where any situation arises that compromises our ability to have our invoice paid in full. 

 22. Guarantee 

  22.1 The company provides a warranty in line with the industry standards only.  The company only guarantees the quality of the products free from any issues up until the point of delivery to the site or collection from our storage site by the customer.  The company is notified in writing within 2 working days of delivery to the Customer.  The Company warranty extends only to the replacement of units which have been dry glazed. The company will manufacture a free of charge replacement for any unit found to have a manufacturing fault, supply only. No glazing or other charges will be accepted. All warranty claims must be made in writing in the first instance. Following acceptance of the claim, a conclusion should be made in a reasonable timescale, and should be agreed by both parties.

·A Ten year warranty applies to units glazed into UPVC and Aluminium frames.

·A Five year warranty applies to units glazed into wooden frames. When glazed into wooden frames it is understood that the frames must be maintained to ensure continued protection to the edge seal from water and sunlight penetration.

·A Five year warranty applies to units fitted with edge tape.

·No warranty is offered on units made with 3mm glass or 4mm spacer, unless provided by a third party.

·The Company reserves the right to inspect any unit under claim on site.

·The warranty is not transferable.

(ii) The Goods have been stored in an appropriate manner and/or as prescribed in the operating instructions (if any). Before any glass is installed, it must be stored correctly in a way which does not expose it to any possibility of damage.  Glass products should be handled stored and fixed in accordance with GGF guidelines.

 (iii) The defective Goods are returned to the Seller at the Buyer’s expense and have not been used, damaged or otherwise affected in anyway. 

(iv) Examination by the Seller of such Goods discloses its satisfaction that such defects exist and have not been caused by misuse, neglect, accident, improper storage installation or handling or by repair or alteration not effected by the Seller. 

(v) The Goods not having been modified or repaired otherwise than by the Seller or otherwise interfered with and 

(vi) The Buyer shall pay to the Seller the cost (as certified by the Seller) of any examination of such goods as a result of which the Seller denies liability. 

22.2 if any product is found to be faulty due to such defects, we will arrange repair or replacement of the faulty item at our discretion. This guarantee does not cover fair wear and tear, neglect, abuse or misuse of the products, loss or damage due to fire, smoke, lightning, sunlight, weather, rusting, corrosion, theft, or explosion, accidental damage and consequential loss. Any form of finishing/paintwork is not guaranteed.  Any monies due under the contract are still payable on time and any defects will be remedied as soon as practicable.  All units should be inspected before glazing. The company will not accept for whatever reason, responsibility for the deglazing and reglazing of units deemed to be faulty after fitting. Units will be inspected on site in accordance with the Glass and Glazing Federation terms of reference for inspection of sealed units.

 23. Guarantee does not apply to work carried out by others 

We will not accept any liability for supplementary works agreed independently between you and any third party, including our installers. Supplementary works carried out on our products prior to our written consent invalidates the guarantee. The customer shall not be permitted to withhold payment for goods for whatever reason, due to the fact that they have not been paid by their customer.

 24. Your statutory rights are protected 

Some jurisdictions do not allow the exclusion or  limitation of certain implied warranties or liability for incidental or consequential damages, so the above exclusion or limitation may not apply in all circumstances and does not exclude any implied warranties or conditions which may not under applicable law be excluded. This limited warranty gives you specific legal rights and is in addition to any other legal rights you may have, which vary from one jurisdiction to another. 

25. Shortages 

Any shortages must be advised in writing by the Buyer to the Seller upon delivery and you will be deemed to have accepted the order in full once you have signed the delivery note , all claims will be deemed void if the shortages are reported after this time. 

26. Dispatch 

26.1 Any times quoted for dispatch are to be treated as estimates only and without prejudice, although every endeavour will be made by the Seller to adhere to them. The company reserves the right to refuse delivery to site any units that have not previously been delivered if proper delivery lead times have not been given.

26.2 Quotations or offers of goods ex stock are subject to the Goods being unsold at the time of receipt of the Buyers written order. All dispatch dates are calculated from the date of acceptance of the Sellers written order. 

27. Customer’s Default and Cancellations and Rescheduling of Deliveries 

27.1 If the circumstances or status of the Buyer changes for whatsoever reason, (e.g. Bankruptcy or receivership, change of name, litigation by the Seller or other parties etc.) the Seller reserves the right without prejudice, to cancel or suspend trading with the Buyer including orders in progress and to demand immediate settlement in full of all outstanding invoices. 

27.2 Requests by a Buyer for cancellation or amendment of any order or for the rescheduling of deliveries will only be considered by the Seller if made in writing and shall be subject to the written acceptance of the Seller or if cancelled or rescheduled at the request of the Buyer, then the Buyer shall indemnify the Seller against all loss costs (including the cost of labour and materials used and overheads incurred), damages, charges and expenses arising out of the order and the cancellation amendment or rescheduling thereof to be calculated at 75% of the value of the order. 

28. Risk and title 

28.1 When do you have responsibility for the goods? Risk, not ownership, passes to you on delivery. 

28.2 When will the goods be yours? Property in and title of the goods shall not pass to you until we have received payment and we are in receipt of cleared funds for the full price of the goods and all other goods agreed to be sold by us to you for which payment is then due. Until such time as payment has been made in full you shall hold the goods as our fiduciary agent and bailee and shall indemnify us against any loss, deterioration or damage howsoever caused and you must ensure that the goods are properly stored, protected, insured & identified as our property. We reserve the right to reclaim items not paid for in full. 

28.3 Until such time as the title in the goods passes to you (and provided the goods are still in existence and have not been resold) we shall be entitled at any time to require you to deliver the goods to us and if you fail to do so forthwith we and or our agent shall be permitted to enter upon any premises whatsoever and wheresoever belonging to you or any other third party wheresoever and whatsoever where the goods are stored and repossess those goods. 

28.4 You shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the goods which remain our property but if you do so all moneys owing by you to us shall (without prejudice to any other right or remedy we may have) forthwith become due or payable. 

28.5 Save as otherwise stated therein the provisions of this Clause 28 shall survive termination of this contract for any reason and in particular but without limitation by us by the acceptance or repudiation of this contract by you. 

 29. Passing of Property 

29.1 Property in the Goods will not pass to the Customer and the full legal and beneficial ownership of the Goods will remain with the Company until the earlier of the date upon which: 

29.1.1 payment is received in full for all of the Goods and Services provided to the Customer under this and any other Contract; 

29.1.2 the Customer sells the Goods to its Customers by way of bona fide sale at full market value. 

29.2 Until property in the Goods has passed to the Customer in accordance with Clause 29.1 the Customer will: 

    29.2.1  maintain all appropriate insurance’s and supply the Company with evidence of such insurance on demand. If any loss or damage occurs while the Goods remain the property of the Company the Customer will immediately on receipt of any insurance monies, remit to the Company, the full purchase price of the Goods lost or damaged less any part already paid; 

    29.2.2  keep the Goods properly stored and protected and readily identifiable as the Company’s property. 

    29.2.3  hold the Goods as the Company’s fiduciary agent and bailee. 

    29.3  If the Customer sells the Goods in accordance with Clause 29.2.1:- 

    29.3.1  the Customer will as between itself and its purchaser self as principal and not as agents but as between the Company and the Customer the Customer will be deemed to act as the agent of the Company; 

    29.3.2 the Customer will immediately upon receipt of the proceeds of sale and whether or not payment has become due for the Goods or Services supplied, remit to the Company the full purchase price less any part which has already been paid; 

    29.3.3 the Customer will hold the proceeds of sale on trust for the Company and (if required to do so in writing by the Company) transfer the proceeds of such sale into a joint bank account nominated by the Company in the names of the Company and the Customer and not until the Company has received payment in full will the Customer be entitled to transfer any profit to any other account. 

29.4 The Company will be entitled to immediate redelivery of the Goods and to re-sell the Goods at any time: 

    29.4.1  after the due date for payment; or 

    29.4.2  before such date in the case of the occurrence of any of the events referred to in Clause 38. 

29.5  For the purpose of exercising the rights contained in Clause 29.4 the Company will be entitled to (and the Customer grants to the Company its officers, servants and agents a license) to enter upon the premises of the Customer during normal business hours and to remove the Goods. 

29.6  The exercise by the Company of its rights against the Customer under this Clause 29 will be without prejudice to any other rights of the Company under this Contract. 

30. Return of Goods 

30.1  You the Buyer will inspect the goods as soon after delivery as is reasonably practicable and will notify us of any shortages, defects in the Goods or any other complaint in respect of them within 24 hours from the date the Goods were delivered. 

30.2  SAVE IN RESPECT OF ANY SHORTAGES OR DEFECTS IF YOU THE BUYER FAIL TO COMPLY WITH THIS CLAUSE, WE WILL NOT BE HELD LEGALLY LIABLE IN RESPECT OF ANY OTHER COMPLAINT WHICH SHOULD HAVE BEEN BROUGHT TO OUR ATTENTION WITHIN THIS PERIOD. 

30.3 Goods will not be accepted by the Seller until a Return Material Authorisation (RMA) number is obtained and the Goods have been returned to us at the Buyers expense. All Goods must be returned in good condition and together with all parts and instruction manuals pertaining to the Goods which are being returned. 

30.4 Except where provided otherwise in these Conditions, the Seller shall be under no liability of whatsoever kind howsoever caused whether or not due to the negligence or wilful default by the Seller or its servants or agents arising out of or in connection with the goods. All conditions, warranties or other terms whether expressed or implied, statutory or otherwise, are hereby expressly excluded providing that nothing in this paragraph shall exclude or restrict any liability of the Seller or its servants or agents. 

30.5 In any event, the Sellers liability shall be limited to direct loss and shall not include indirect or consequential loss. 

30.6 The Seller shall not be liable for the loss of or damage to software programs and /or data stored on all types of storage media, repair or upgrade of any goods whether or not the same are under warranty. 

31. Non-standard Goods 

Unless otherwise agreed the Goods are supplied in accordance with the Manufacturer’s standard specification. The Seller reserves the right to increase its quoted or listed price or to charge accordingly in respect of any orders accepted for products of nonstandard specifications and in no circumstances will it consider cancellation of such orders or the return of the Goods. 

 32. Severability 

If and to the extent that any provision or any part of the provision of the Seller’s standard Terms and Conditions of Trade is illegal, void or unenforceable for any reason, then such provision or part thereof (as the case may be) shall be deemed to be severable from the remaining provisions or parts of the relevant position (as the case may be) all which remaining provisions shall remain in full force and effect. 

33. Waiver 

The waiver by the Seller or any breach of any term hereunder shall not prevent the subsequent enforcement of that term and shall not be deemed a waiver of any subsequent breach. 

34. Limitation of Liability 

34.1 We will use all reasonable endeavours to carry out our obligations within a reasonable period of time but will not be liable to you, the Buyer for any losses, costs or expenses arising directly or indirectly from any delays in doing so and we will not be deemed to be in breach of this Agreement by reason of any delay in performing or any failure to perform any of our obligations in relation to this Agreement if the delay or failure was due to any cause beyond our reasonable control. If you require the purchase or hire of machinery to install the glass products that we deliver, you will need to ensure that this machinery can be made available to you within 1- or 2-days’ notice where possible, In any event, once we have notified you of a delay to your delivery date, you will be responsible for any costs that you incur with regards to machinery you have hired or purchased in connection with the glass order.  You must out in place adequate measures to accommodate any delays that may occur.  If you do incur any costs which are a result of delays to your order, you are fully under a duty to mitigate those costs as much as possible.  Without prejudice to the generality of the foregoing the following will be regards as causes beyond our reasonable control: 

34.1.1   Act of God, explosion, flood, tempest, fire or accident 

34.1.2   War or threat of war, sabotage, civil disturbance or requisition 

34.1.3  Acts, restrictions regulations byelaws prohibitions or measures of any kind on the part of any governmental parliamentary or local authority 

34.1.4   Import or export regulations or embargoes 

34.1.5   Strikes, lock outs or other industrial actions or trade disputes 

34.1.6   Difficulties in obtaining raw materials labour fuel parts or machinery 

34.1.7  Power failure or breakdown in machinery If we are prevented from carrying out our obligations in the above circumstances, we will notify you in writing and where possible by telephone. 

34.2  Except where you the Buyer are dealing as a consumer (as defined in the Unfair Contract terms Act 1977 section 12) we do not give any warranty, guarantee or indemnity as to quality fitness for purpose or otherwise of the Goods. 

34.3   Except in respect of death or personal injury caused by our negligence we will not be liable to you the Buyer for any loss of profit or any indirect special or consequential loss damage costs expenses or other claims which arise out of or in connection with the supply of goods other than as a result of a breach of an obligation arising under the Sale of Goods Act 1979 (as amended) and the Supply of Goods and Services Act 1973. 

35. Insolvency of Buyer 

35.1   This clause 35 applies if: 

35.1.1 the Buyer makes a voluntary arrangement with its creditors or (being an individual or firm) becomes bankrupt or (being a company) becomes subject to an administration order or goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or 

35.1.2 an encumbrancer takes possession, or a receiver is appointed of any of the property or assets of the Buyer; or 

35.1.3 the Buyer ceases or threatens to cease to carry on business; or 

35.1.4 the Seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly 

35.2  If this clause applies then without limiting any other right or remedy available to the Seller, the Seller may cancel the contract or suspend any further deliveries under the Contract without any liability to the Buyer and if the Goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary. 

 36. Liabilities 

Restrictions on liability; 

Except to the extent that liability may not by law be limited or excluded, we, our representatives or subcontractors shall not be liable, whether in contract, negligence or otherwise, for any direct, indirect, special, incidental or consequential damages, losses or expenses of any kind. If any exclusion, disclaimer or other provision is held invalid for any reason and we, our representatives or subcontractors become liable for loss or damage that could otherwise be limited, that liability, whether in contract, negligence or otherwise, shall not exceed the amount paid by you for the product(s) which caused the loss or damage. If you are not a consumer and a fixed date is agreed for despatch or delivery, and we fail to despatch or deliver by that date or by any extended date provided by these terms and conditions, and if as a result you shall have suffered loss, we undertake to pay for each week or part of a week of delay, liquidated damages at the rate of 0.25% up to a maximum of 2.5% of that portion of the price named in the contract which is relates to such portion only of the contract goods as cannot in consequence of the delay be used commercially and effectively. We accept liability without limit for personal injury or death due to our negligence. 

 37. Liabilities and Indemnity 

37.1  The Company will not be liable to the Customer for any loss or damage caused as a result at any of the following: 

37.1.1   goods not being fit for any purpose (whether or not referred to in the Company’s

Specifications or elsewhere) it being the Customer’s express responsibility to verify this itself; 

37.1.2  failure by the Customer to give the Company notice in accordance with Clause 5.4 or failure by the customer to allow the Company to inspect the Goods on giving such notice; 

37.1.3  alteration of the Goods by the Customer; 

37.1.4  the improper installation, storage or, maintenance of the Goods; 

37.1.5  where the Goods are manufactured to the Customer’s Specifications by the Company and the Goods prove to be defective because of: 

37.1.5.1  the designs, drawings or instructions submitted by the Customer; 

37.1.5.2  the designs or drawings prepared by the Company specifically for the purpose of the

Order which have been approved by the Customer; 

37.1.5.3  the use of tools or other equipment supplied by the Customer. 

37.1.6  by reason of any claim made against the Company or infringement of any intellectual property rights pursuant to Clause 4.5.2. 

37.2   Save as otherwise provided in these Conditions of the Company’s liability in respect of any defect in the Goods supplied or default in the Services performed is limited to: 

37.2.1   replacing or (at its sole discretion) repairing or paying for the repair or replacement at Goods supplied by the Company; 

37.2.2    in the case of Services the cost of making good any incorrect performance. 

37.3   The Company will not be liable to the Customer for any incidental or consequential damages or loss arising from a defect in the Goods or default in performing the Services other than consequential loss following directly from death or personal injury arising from the negligence of the Company or its employees or sub-contractors. 

38.  Enforcement and Termination 

38.1   If before delivery is affected there arises reasonable grounds for the Company to believe that the Customer will not be able to fulfil its payment obligations the Company will have the right to demand from the Customer security for payment. 

38.2  From the date of demand until the date security is given the Company will not be required to fulfil its obligation under the Contract. 

38.3  If acceptable security to the Company is not offered within such reasonable period as may be specified by the Company the Company may terminate the Contract without further liability on its part but the Customer will be liable to the Company in respect of any losses (including loss of profit) incurred by the Company as a consequence of such determination. 

38.4  No waiver by either party in respect of any breach shall operate as a waiver in respect of any subsequent breach of the same or any other provision. 

38.5  It the Company: 

38.5.1   is in breach of any of the terms and conditions of this Contract; 

38.5.2  enters into any composition or arrangement Ipswich Glass Limited with his creditors; 

38.5.3  commits any act of bankruptcy or it any petition or receiving order in bankruptcy is made against him/her; 

38.5.4  if the Customer is a limited company and any administrative receiver or any resolution or has an order of the court made for its winding up. 

38.6  The Company may delay or cancel any further Goods or Services (without prejudice to any accrued rights) and treats the Contract as determined. 

39. Your statutory rights are not affected 

 THIS AGREEMENT DOES NOT AFFECT YOUR STATUTORY RIGHTS 

40. Forms

It is hereby acknowledged by the Buyer that the only terms and conditions of trade which apply to the supply of goods by the Seller to the Buyer are those contained herein and no other. 

41. Assignment 

 The Buyer agrees not to assign or transfer this Agreement or any of its rights herein without prior written consent of the Seller. 

42. Intellectual Property 

42.1  The copyright in the material contained in this website and any trademarks and brands included in that material belongs to Ipswich Glass Limited or its licensors. 

42.2  Everything on this site is copyrighted. The copyrights are owned by Ipswich Glass Limited or by the original creator of the material. Except as specifically stated none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form without Ipswich Glass Limited’s prior written permission. You may also not without our permission ‘mirror’ any material contained on our web site or any other server. However, you are free to view, copy, print and distribute Ipswich Glass Limited material from this site as long as the material is used for information and non-commercial purposes only and all copies of any material include Ipswich Glass Limited’s copyright notice. This permission terminates automatically upon the breach of any of these terms and conditions at which time any downloaded and/or material printed from our web site must be immediately destroyed. 

43. Confidentiality and copyrights   

43.1 Information we supply is our property: All drawings, documents and other information supplied by us are supplied on the express undertaking that you will not without our written consent: 

(i) give away, loan, exhibit, disclose the contents of or sell any such drawings or extracts there from or copies thereof. 

(ii) use them in any way except for the particular purpose for which they were expressly issued. 

43.2 Our property is our property We, at all times, reserve all rights and title to design, inventions, improvements or development originated by or issued by us and you will not order products which are our copyright from any other supplier. 

43.3 We are allowed to use information which you supply. Where you supply a design (whether in the form of a drawing or of a graphic image file) for the purpose of an order, then, you warrant that such design belongs to you or is public domain and freely useable by us, and, unless we have agreed otherwise in writing, we shall be entitled to use such drawing for supplying other customers and for displaying generally in our catalogues, websites and other public media. 

43.4 What happens if we use information you have supplied but belongs to others? 

You shall indemnify us from and against all actions, claims, costs and proceedings which arise due to the manufacture of products to drawings and specifications supplied by you where it is alleged that they involve an infringement of any third parties’ patent, copyright or other industrial property rights. 

44. Website 

44.1  We will attempt to ensure that the information available on the website at any time is accurate. However, we will not be held liable for any errors or omissions. We will use all reasonable endeavours to correct errors and omissions as quickly as practicable after becoming aware or being notified of these. 

44.2  All drawings descriptive matter and specifications of the Goods on the website are for the sole purpose of giving an approximate description of the Goods. 

44.3  We may also change suspend or discontinue any aspect of the website including the availability of any features information database or content or restrict access to parts or all of the website without notice or liability. 

 45. Sub-contractors 

We can employ subcontractors: Where we appoint a subcontractor to fulfil a component of your order, they will be liable to guarantee the quality of that component and we do not accept any liability for its quality.  We will inspect the quality if the glass to ensure that it meets our standards of production before it is dispatched for delivery to you.  Any defects or quality issues must be reported to us within 2 working days of delivery.  We will use our best endeavours to inspect the quality of the glass and to verify the specification of the product.  If it transpires on site that there are defects, we will use all remedies available to us to rectify the matter and order a replacement where possible. 

46. Force majeure 

What happens if something unforeseen happens? 

Neither you nor we shall be under any liability for any delay, loss or damage to the extent it arises wholly or in part as a result of industrial action or any cause beyond our reasonable control such as acts of god, civil commotion, riots, flood, drought, fire and legislation. If any such circumstances occur, we will discharge our obligations as soon as reasonably practicable after such circumstances have ceased to affect our operations. 

47. Privacy and security 

47.1  We will hold your information private. We are committed to protecting your privacy. We will only use the information that we collect about you lawfully (in accordance with the Data Protection Act 1998). 

47.2  Why do we collect information from you? 

We collect information about you for 2 reasons: firstly, to process your enquiry or order and second, to provide you with the best possible service. Information is collected during the enquiry and ordering processes. 

47.3  We will not pester you. We will not otherwise email you in the future unless you have given us your consent. We will give you the chance to refuse any marketing email from us or from another trader in the future. Where this has not occurred, please inform us whether you would or would not like us to contact you via e-mail. 

47.4 What information do we collect about you? 

The type of information we will collect about you may includes: 

•your name 

•address 

•telephone number, mobile telephone number 

•email address, 

47.5 You can check what information we hold about you. We will never collect sensitive information about you without your explicit consent. The information we hold will be accurate and up to date. You can check the information that we hold about you by emailing us. If you find any inaccuracies, we will delete or correct it promptly. 

47.6 We hold information securely. The personal information which we hold will be held securely in accordance with our internal security policy and the law and the Which? Web Trader Code. If we intend to transfer your information outside the EEA (European Economic Area) we will always obtain your consent first. 

47.7 We may use “cookies” on our website. We may use technology to track the patterns of behaviour of visitors to our site. This can include using a "cookie" which would be stored on your browser. You can usually modify your browser to prevent this happening. The information collected in this way can be used to identify you unless you modify your browser settings. 

47.8 Contact us if you have questions or comments about privacy. If you have any questions/comments about privacy, you should contact us at: Ipswich Glass Limited, Third Floor Connexions Building, 159 Princes Street, Ipswich. IP1 1QJ Telephone: 01473 745141, or by  email at: sales@ipswich.glass 

47.9 Site content and disclaimers. The website is designed for general information only. We have used reasonable care and skill in compiling the content of our website but make no warranty, express or implied, as to the nature or accuracy of any material on the website and cannot accept liability for any particular material on the website or as a result of the use of or reliance placed upon information contained within its website. We do not accept responsibility of content displayed on external websites where a link has been placed on our own website.  

48. THIS DOES NOT AFFECT A CONSUMER’S STATUTORY RIGHTS.

 49. Comments and Questions 

If you have any comments or questions regarding our Privacy Policy, please contact us at sales@ipswich.glass.  WHILE WE CANNOT GUARANTEE PRIVACY PERFECTION, we will address any issue to the best of our abilities as soon as possible. 

 50. General 

50.1 We may from time-to-time change alter adapt add or remove portions of these terms and conditions but if we do so we will post any such change on the website. 

50.2  If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of this Agreement and the remainder of the provision in question will not be affected. 

50.3  The headings in this Agreement are for convenience only and will not affect their interpretation. 

50.4  A notice required or permitted to be given by either party to the other under these Terms shall be in Writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice. 

50.5  No waiver by the Seller of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision. 

50.6 Any dispute arising under or in connection with the Contract or the sale of Goods shall be referred to arbitration by a single arbitrator appointed by agreement or (in default) nominated on the application of either party by the President for the time being of in accordance with the rules of Glass & Glazing Federation. 

51. Legal construction 

What happens if part of these terms and conditions are unenforceable? If any part of these terms and conditions is found to be unenforceable as a matter of law, all other parts of these terms and conditions shall not be affected and shall remain in force provided that the contract is capable of continuing in existence without such unenforceable part. 

52. Our contract is in English 

52.1 The English language will be used for the conclusion and interpretation of this contract. 

52.2  English law applies. These terms and conditions are governed and shall be interpreted in accordance with English law and any disputes hereunder shall be heard in the English courts and the parties hereby submit to the non-exclusive jurisdiction of the English Courts for all purposes arising in connection with these conditions. 

53. Queries and Complaints 

53.1  We aim to respond to e-mail faxed and written queries within 24hrs. Our customer services can answer your telephone queries Monday to Friday between 9.00am and 5.00pm. 

53.2  In respect of complaints we will consider the nature of the complaint and we will contact you within 21 days of the complaint giving you the result of the inquiry and what we propose should be done. 

Standard Quote Conditions and Charges: