1. GENERAL. (a) In these CONDITIONS Kent Trade Frames Ltd is referred to as "the COMPANY" and the company, person or finn dealing
with the COMPANY is referred to as "the CUSTOMER", the windows or double glazing or other items the subject matter of the contract as
'the "GOODS".
(b) There are Clauses Contained In these CONDITIONS in particular CLAUSES 4 and 7 to 15 which exclude or limit the liability of the
COMPANY and CLAUSE 16 which provides the right to indemnity-by the CUSTOMER in certain circumstances.
(c) The goods ordered by the CUSTOMER are purpose made by the COMPANY for the CUSTOMERS which is why the COMPANY particularly
insists that there can be no right for the CUSTOMER to cancel or withdraw after the ORDER Is accepted.
(d) The COMPANY enters into all agreements with the CUSTOMER solely on the TERMS of these CONDITIONS and no representation
warranty collateral or otheiwise shall bind the COMPANY and no statement made by any REPRESENTATIVE of the COMPANY shall vary these
CONDITIONS unless such representation warranty or statement shall be made in writing and signed by partner the COMPANY and shall be
stated to be made specifically in pursuance of this Clause (1 d) of these CONDITIONS and shall be in respect of this contract only.
2. ACCEPTANCE Upon signing by the CUSTOMER and a duly authorised representative of the COMPANY of the fonn of acceptance
overleaf a binding contract will be created and such contract shall not be subject to cancellation by the CUSTOMER, although the COMPANY
reserves the right to cancel any order by refunding all monies paid upon receipt of an unsatisfactory survey report or in the event of
unsatisfactory credit references being obtained in respect of the CUSTOMER. Without prejudice to Its right to clalm damages for breach of
contract, the COMPANY may at Its sole discretion In appropriate cases agree to the cancellation of an order which the CUSTOMER has no
right to cancel upon the payment to the COMPANY of all expenses incurred by it prior to the date of cancellation.
3. PAYMENT (a) Method ot Payment. Payment shall be in cash or by cheque or money order made payable to the COMPANY and crossed
'&Co.'
(b) Deposit. The CUSTOMER shall make payment by way of a deposit at the time the order Is placed, but the COMPANY reserves the right
to waive this requirement.
(c) Terms ol Payment. Payment of the balance shall be payable to the Company's Installer immediately upon substantial completion of the
installation.
(d) Receipt. The CUSTOMER or his representative must obtain from any representative of the COMPANY to whom he makes any such
payment as above a signed receipt as evidence of payment and unless the representative gives and the CUSTOMER or his representative
obtains such signed receipt, the representative of the COMPANY has no authority to receive payment In discharge of the debt of the
CUSTOMER to the COMPANY.
(e) Default In Payment. Without prejudice to any other right of the COMPANY upon failure by the CUSTOMER to authorise payment by the
due date, interest will be charged by the COMPANY at a rate of 2.5% per month or pan thereof on any sum outstanding after the due date of
payment and any minor adjustment which may or may not be necessary after Installation, shall not be a reason for withholding Payment
Authority for monies due.
(f) Where the Customer makes Independent arrangements for financing this contract he shall not rely upon any suggestions, representations
or statements by any Representative of the COMPANY In respect of same.
4. llme and Performance - COMPANY. This Company will use Its best endeavours to complete within a reasonable time but time Is not
of the essence of any obligation of the COMPANY and the COMPANY shall not be liable for any delays in supply and / or delivery and /or
installation of any goods or any losses whatsoever due to any such delays howsoever caused.
Any periods quoted for delivery or Installation are for guidance only from the date of ACCEPTANCE and without any responsibility on the part
of the COMPANY whatsoever.
5. llme of Performance • CUSTOMER. The CUSTOMER agrees to give free and unrestricted access at all reasonable times to the
COMPANY'S workmen and supervisors to carry out all necessary surveys and works relating to the Installation. Unless the CUSTOMER
notifies the COMPANY In writing at date of order, that he requires a reasonable delay, or delivery or Installation after a certain date, In which
case the COMPANY will do its best to comply with the CUSTOMER'S request. (If the COMPANY accepts such order hereinafter called "Special
Orders") the CUSTOMER shall be obliged to give access to the COMPANY as above within the said 30 days of the notification in warning that
the units are manufactured. In the event of such access not being given within the said 30 days, then at the entire discretion of the COMPANY
the COMPANY may treat the contract as at an end upon the CUSTOMER'S breach and seek to recover damages which may, because of the
fact that the said goods are purpose made, amount to the full price or may elect to perform the contract upon the basis that the whole balance
of the price shall become due payable Immediately and prior to the delivery of the goods. Jn the event of special delay (as defined above)
the COMPANY reserves the right to give on and after any date specified by the CUSTOMER In his order, or after the period of delay which
the COMPANY in its entire discretion considers reasonable, a 30 day notice, in the same manner and with the same effect as the notice in
writing referred to above.
6. Passing ot Property All goods shall remain the property of the COMPANY until the total price inclusive of any interest due thereon in
accordance with these Conditions be paid by the CUSTOMER.
7. Description of the Goods. The COMPANY warrants the accuracy and truth of the description of the goods In the COMPANY'S current
brochure, a copy of which Is freely available from the COMPANY or its representative, save that from time to time improvements may be made
in the specifications of the goods, which may be so recant that they have not yat been Incorporated in the brochure, in which event the goods
may, without any notice to the CUSTOMER, be supplied In accordance with such new specifications but the COMPANY warrants that any
such new specifications will be at least equal to that set out in the said current brochure Save as above, although the COMPANY takes due
care in furnishing all and any written descriptions, illustrations, specifications or any other particulars in catalogues, brochures, advisements,
quotations or any other documents Issued by the COMPANY, and such information is subject to alteration without notice, and in any event no
warranty is given as to the accuracy of any such documents nor are they, or any of them or
anything stated in therein incorporated as tenns of this, or any contract between the COMPANY and the CUSTOMER save and except if any
such information is specifically confinned in writing to the customer by the company. Jn no circumstances whatsoever is the COMPANY liable
for any oral statement whether made negligentiy or otheiwise and whether or not purported to be made by or on behalf of the COMPANY or
loss of any kind whatsoever, howsoever caused resulting therefrom.
8. Advice. Any given orally or in writing by the COMPAN'( its servants or agents whether requested by the CUSTOMER or any other party
or not, Is for guidance only and the COMPANY shall not be under any liability whatsoever in respect of any act or omission of any recipient
(wether direct or Indirect) of any such advice or in respect of any loss whatsoever occasioned in any manner resulting whether such advice
be given negligently or otherwise.
9. Soundproofing. Without prejudice to the generality of Clauses (1d) 7 and 8 above no warranty whatsoever Is given by the COMPANY
as to the degree If any of soundproofing and the COMPANY shall in no circumstances whatsoever be liable in respect thereof except where
tt is a specific written tenn on the CUSTOMER'S order and the COMPANY'S acceptance that the installation should comply with the
specification or requirements of the BRITISH AIRPORTS AUTHORITY or other similar authority.
1 o. Condensation. No warranty whatsoever is given by the COMPANY that the Installation of double glazing will effect the Incidence of
condensation which the COMPANY considers to be dependent upon a number of variable factors some of which may be favourably affected
by the Installation of double glazing and some of which may not, and In no circumstances whatsoever will the COMPANY be liable In respect
thereof.
11. Giese. All glass used by the COMPANY shall be of a thickness and weight detennlned by the COMPANY'S Technical Surveyors and in
compliance with BRITISH STANDARDS CODE OF PRACTICE BS 6262: 1982. The COMPANY undertakes wherever possible to supply
Pilkingtons FLOAT glass and the CUSTOMER accepts that minute manufacturers marks can sometimes be seen therein which are beyond
the control of the COMPANY such that in no circumstances whatsoever will the COMPANY be liable therefore or to replace or remedy the
same. Notwithstanding the above the COMPANY will fil safety glass in all new doors.
12. Vlaual Quality Standard for Installed Unlta.
(a) Glass Flat transparent glass shall be deemed acceptable If blemishes such as micro bubbles hairlines or fine scratches not exceeding
25mm long are not obtrusive when viewed from looking through the glass from the room side at a distance of not less than 2 metres in natural
daylight and not In direct sunlight.
(b) Anodised and Powder Coated Frames Surfaces shall be deemed acceptable if they are Judged to have no lmperfactions when viewed
at a distance of not less than 2 metres in natural daylight and not in direct sunlight.
13. Subfnlmere. Subframes of the existing main frames will be used by the COMPANY in installation unless It Is a specific written term on
the CUSTOMER'S order and the COMPANY'S acceptance that the existing subframe shall be removed. The COMPANY shall not be liable In
respect of any detect In or loss or damage caused by or resulting In any way from the use or retention of the existing subframes howsoever
caused. All frames and subframes removed shall remain the property of the CUSTOMER.
14. Guarantee. The COMPANY undertakes to repair or replace free of charge any unit manufactured by It which proves defective as a result
of faulty materials or workmanship within ten years from the date of the installation and the COMPANY'S formal written warranty will be sent
to the CUSTOMER upon receipt of the balance payable on completion. Damage due to accident or misuse and faults or premature
deterioration resulting from the CUSTOMER'S failure to comply with the COMPANY'S maintenance Instructions are not covered by such
warranty. Accordingly the CUSTOMER'S attention is drawn to such Instructions (which are to be found In this COMPANY'S MAINTENANCE
INSTRUCTIONS). This condttion states the full llablllty of the COMPANY In respect of disputes and the COMPANY shall not be liable for
consequential loss of any nature whatsoever (Including without limitation) any loss of earnings. The COMPANY reserves the right to charge
the cost of SERVICE CALLS at any time.
15. Damage (a) The CUSTOMER shall be obliged to take all responsible steps to remove from the relevant rooms or as appropriate from
the relevant areas or parts thereof likely to be affected by the installation of windows particularly where removal of brickwork Is involved all
and any furniture or other property and/or to cover all carpets or Immovable furniture or furnishings or other property.
(b) It Is very difficult to avoid doing some damage in the Installation of windows In premises that are currently occupied but within those limits
the COMPANY by its representatives will use all due care in the supply and Installation of the goods and the demolition or removal of any
brickwork but In no circumstances whatsoever shall the COMPANY be liable in respect of any such damage or to make good any damage
caused except that the COMPANY will as part of the contract works included in the price make good the Immediate fitting areas i e. the sides
top and bottom of the window surrounds (only) but excluding the provision of special matched tiles or decorations Internally and specialised
matched finishes or decorations externally.
16. Planning By-Laws and Regulations. The CUSTOMER shall be responsible for ensuring that all and any consents or permissions
necessary for the supply or installation of the goods is obtained and or that the supply and fitting of the goods complies wtth and/or does not
contravene any applicable planning law statute Building Regulation By-Law Restrictive Covenant Easement, Freeholders or Leaseholders
interest or other relevant restriction rule or regulation and the COMPANY contracts upon this basis only and the CUSTOMER agrees to
indemnify the COMPANY in respect of any loss damage claims proceedings fines or penalties which the COMPANY may face or incur by
virtue of any contravention of or non-compliance with any of the above.
17. Consequential Loss. For the avoidance of doubt the COMPANY shall not in any circumstances whatsoever (even in circumstances
where pursuant to their guarantee or otherwise they have accepted llablllty or have been found.to be liable) to the CUSTOMER or any other
party for any consequential losses whether arising out of the inability of the CUSTOMER or any other party to use any room or premises or
howsoever occasioned.
18. Death or Personal Injury. Where in these conditions the COMPANY excludes or limits its liability in respect of any loss or damage the
COMPANY does not intend or purport thereby to exclude or limtt liability for death or personal injury resulting whether wholly or (pro tanto)
in part from its own negligence or that of its servants or agents and the conditions shall take effect accordingly.
All glass will be in compliance with the revised building regulation document L part 1 as from1 st 2002
The Terms and Conditions shall not be construed so as to affect the statutory Rights of the Customer