Terms & Conditions

SM Glass Tech: Terms of Sale

Introduction

In these Conditions:

Bespoke Product Drawings means the drawing and specification that we prepare of the Bespoke Products either based on information you provide to us or following our Site visit;

Bespoke Product means a product made to order;

Consumer means an individual acting for purposes that are wholly or mainly outside that individual’s trade, business, craft or profession;

Contract means any contract between you and us for the sale and purchase of Products and Services incorporating these Conditions;

Documentation means any documentation we provide to you relating to maintenance, safety and other information relating to the Products;

Price means the price of the Products and the Services (if any);

Products means the Standard Products and/or the Bespoke Products as applicable;

Quote means the quote for the Products and any Services we send to you, including any revisions made to the Quote in accordance with Condition 2(e);

Services means the measurement, installation and/or removal services (if any) we provide in relation to the Bespoke Products;

Site means the location for the Services or if we have not agreed to provide Services, the location where the Product is to be delivered;

Standard Products means any product we offer for sale that is not made to order;

Trader means a person acting for purposes relating to that person’s trade, business, craft or profession;

us/we means SM Glass Tech, a company registered in England and Wales with company number 07913086 and registered office at Unit 5, 255 Water Road, Wembley, Middlesex HA0 1JW;

Website means the website located at www.smglasstech.co.uk;

Working Day means any day other than a Saturday, Sunday or public holiday in England; and

you means the buyer indicated on the Quote or who placed the order for the Products on the Website as appropriate.

These Conditions apply both to Consumers and Traders purchasing Products and Please note that different provisions of these Conditions may apply depending on whether you are a Consumer or a Trader and whether you are buying Bespoke Products or Standard Products.
If you purchase Products on behalf of a Trader, the individual signing the invoice under Condition 2(d) represents and warrants that he/she has the authority to bind the Trader. If you are a Trader and you are purchasing Products for services you are providing for a Consumer, then you agree that you are a trader under these Condition.
We reserve the right to update these Conditions from time to time at our discretion. If we do so, the updated version will be effective as soon as it is accessible in respect of any subsequent purchase you may make.
If you need to contact us, please do so by email to [email protected] or by telephone on 020 8740 0040 or 020 79657471.
Please read our Documentation in relation to your use of Products. If you have not complied with the requirements of our Documentation, the warranty that we give in relation to Products will not be valid.

Ordering Products

You may only purchase Products from us if you are at least 18 years old and the Site is in the United Kingdom. You may only purchase Services from us if the Site is within the London area. Please contact us to discuss if you wish to purchase Products for delivery outside of the United Kingdom or you wish to purchase Services for a Site outside of the London area.
All Standard Products are subject to availability. We will inform you as soon as possible if the Standard Products ordered are not available and we may offer an alternative of equal or higher quality and value or provide a refund for sums paid.
On receipt of a request to purchase Bespoke Products from us, we shall prepare a Quote. We may need to arrange a suitable time and date to visit the Site to prepare the Quote or we may prepare the Quote based on and in reliance on the measurements you provide to us. If following our visit to the Site we are unable to prepare a Quote for any reason, we shall notify you accordingly.
If you wish to accept the Quote, you should notify us accordingly within 14 days of receipt of the Quote. We shall then send you an invoice which you should sign, return to us and pay to us 50% of the Price. On receipt of such payment, a legally binding Contract shall come into existence. You agree that subject to Condition 2(e), you cannot cancel an order for the Bespoke Products and any associated Services once the Contract has come into existence because the Bespoke Products are made to your specific requirements.
We shall contact you to arrange a suitable time and date to visit the Site in order to prepare the Product Drawings and we shall send to you the Bespoke Product Drawings within a reasonable time of our Site visit. Alternatively, if we prepare the Bespoke Product Drawings based on measurements you provided to us, we shall send to you the Bespoke Product Drawings within a reasonable time of receipt of such measurements.
We shall notify you of any changes to the Price when we send you the Bespoke Product Drawings. We shall be entitled to change the Price to reflect any differences in the measurements that you provide to us and the measurements that we take at the Site visit or any other significant matter in relation to the Site that you did not identify to us when requesting to purchase Bespoke Products. If you are a Consumer and you do not wish to accept the revised Price, please contact us. You agree that if you wish to cancel the Contract at this point, we may retain a sum equal to the costs of our Site measure service and any additional work we have carried out.
It is your responsibility to check the Bespoke Product Drawings carefully – whether based on your measurements or our Site visit – and either sign your agreement to the Bespoke Product Drawings or notify us of any changes required. You agree that any estimated time for delivery of the Bespoke Products is an estimate, and we shall have no liability for any failure to deliver by the estimated date. In addition, we will not manufacture the Bespoke Product until you have signed the Bespoke Product Drawings, therefore any delay in signing the Bespoke Product Drawings will delay the lead time.
You acknowledge that we manufacture the Bespoke Products to the Bespoke Product Drawings, including the descriptions, weights and dimensions set out in the Bespoke Product Drawings.

Price and Payment for the Products and Services

The Price for the Standard Products is due on receipt of your order.
Unless we agree in writing otherwise, the Price for BespokeProducts and Services is due as follows: 50% is due on acceptance of the Quote as noted at Condition 2(d); 45% is due 48hrs prior to delivery or Services can take place; 5% is due after the Services. We shall issue invoices for each instalment, and each invoice is due within 5 days of receipt.
Payment for supply only bespoke items as follows: 50% is due on acceptance of the Quote as noted at Condition 2(d); 50% is due 48hrs prior to delivery.

(d) Payment can be made by credit or debit card, cash or cheque or direct bank transfer. For the avoidance of doubt, payment is not received until a cheque has cleared in full.

(e) If you fail to pay an invoice and you are a Trader, we shall be entitled to claim costs and interest on any overdue invoice in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.

(f) We shall not consider any request or order for Products or Services from you if any sum is outstanding from you or in relation to the Site in respect of any Contract between us.

Delivery

(a) Delivery is free for Standard Products ordered through the Website provided that the Site is in the London area (determined at our sole discretion). We will use all reasonable endeavours to deliver the Standard Products in accordance with the delivery timescale you select. If you do not receive the Standard Products within such timescale, you should notify us accordingly. If we are unable to deliver the Standard Products within 30 days, we shall contact you to discuss delivery of the Standard Products and if you wish, we shall cancel your order and refund the Price paid.

(b) Please note that you must ensure there is someone available at the Site to receive delivery and to offload the Standard Products from our delivery vehicle.

Services

For the avoidance of doubt, we shall be under no obligation to provide the Services if any part of the Price is outstanding in accordance with Condition 3.
We shall provide the Services at the Site with reasonable skill and care.
We shall do our best to meet any timetable we agree with you in relation to the Services. But, you agree that your acts may impact on our ability to provide the Services on any agreed day, including your delay in signing the Quote, paying any part of the Fee and/or agreeing and signing the Product Drawings.
If we are unable to provide the Services on the agreed date, we shall promptly notify you to re-arrange an alternative date.
We strongly advise that you do not schedule any works at that Site that are required to take place after the Services until the Services are complete.

Site Access and structure

You agree that it is your responsibility to ensure that the structure of the Site is capable of withstanding all dead and live loads that may be imposed upon it by the Products and that any deflections in the supporting structure are within the allowed limited for the
You further agree that it is your responsibility to ensure that the Site and access to the Site is suitable to enable us to deliver the Products and provide the Services. Furthermore, you must ensure that all planning permissions and approvals, business regulation approvals and other permissions and consents that may required in

relation to the Site are obtained before the Services take place. If we receive a fine or otherwise suffer any losses or expenses because you have failed to obtain all necessary permissions and consents in respect of the Services, you shall pay that fine and reimburse us in full for all such losses and expenses.

(c) If you fail to make the Site available either for the Site visit to enable us to prepare the Product Drawings, or to provide the Services, we shall be entitled to charge you a fee for any further visit that we are required to do to prepare the Product Drawings, and/or to provide the Services as the case may be. We shall also be entitled to charge you a storage fee for the Bespoke Products if we are unable to provide the Services as a result of your act or omission.

(d) Our current prices are: £250 plus VAT for a further site measure service to prepare the Product Drawings; £800 plus VAT for the Installation Services; up to £10,000 plus VAT for crane hire; and up to £3,500 plus VAT for road closures.

What happens if you change your mind

(a) Neither a Trader nor a Consumer can cancel a Contract to purchase Bespoke Products and/or Services.

(b) A Trader and a Consumer may cancel a Contract for Standard Products contacting us by email at [email protected] within 14 days from the date you receive the Standard Products, clearly stating the following: your name, geographical address, your phone number, email address and full details of the order you wish to cancel. You must take reasonable care of the Standard Products whilst they are in your possession, including by storing them in accordance with our instructions. You must return the Standard Products to us without undue delay and in any event within 14 days of the notice to cancel, and you must return the Standard Products at your own cost and risk. We will not refund you if we do not receive the returned Standard Products. Please also make sure you package the Products appropriately to avoid damage.

At your request, we can collect Standard Products at a fee of £75 plus VAT provided they are located within the London area (determined at our sole discretion).
If you a Trader and you cancel a Contract under this Condition we shall refund you the Price less 25%. If you a Consumer and you cancel a Contract under this Condition we shall refund you the Price in full. We shall process the refund promptly, but please allow for up to 5 working days. We will refund you using the same means of payment that you used pay for the Standard Products.
If on receipt of the returned Standard Products, the value of the Standard Products is diminished by any amount as a result of handling of the Standard Products beyond what is necessary to establish the nature, characteristics and functioning of the Standard Products, we may recover that amount from you, up to the Price paid. We estimate that such amounts are likely to £180+VAT for any scratches on metal or powder coated frames (per Product); 75% of the Price if the glass is scratched. We have the right to refuse returns and/or refuse to pay any refund at all if the Standard Product is chipped, dented and/or broken.

The provisions of this Condition 5 do not affect your consumer statutory rights. If the Standard Products we deliver are not what you ordered or are damaged or defective, please let us know and we will either (i) replace any Standard Products that are damaged or defective; or (ii) refund to you the amount paid by you for the Standard Products in question. You must return the Standard Products to us or make the Standard Products available for collection in accordance with our reasonable request as soon as possible after informing us that the Standard Products are damaged or have been incorrectly supplied. You should also send us appropriate evidence, including photographs, of any damaged or defective Standard Products.

Cancellation by us

We reserve the right to cancel the Contract between us if (i) we have insufficient stock to deliver the Standard Products you have ordered; (ii) we do not deliver Standard Products to your delivery address; (iii) we cannot obtain authorisation for your payment; (iv) we cannot verify that you are aged 18 or over; (v) one or more of the Standard Products you ordered was listed at an incorrect Price due to a typographical error or an error in the pricing information received by us from our suppliers; (vi) in our view, the Site is not suitable for the Bespoke Products.

If we do cancel your Contract we will notify you by e-mail and will refund you all sums paid promptly. We will not be obliged to offer any additional compensation for disappointment suffered.
For the avoidance of doubt, we shall have no additional liability to you, including for wasted expenditure, for any failure to deliver Products or any delay in doing so that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident and/or transport issues.

Product Warranty

(a) Our policy is one of continuous improvement, and therefore we are entitled without notice to make changes in dimensions, materials and design, which we deem reasonable or desirable without affecting in any adversely material way the nature of the Standard Products. We reserve the right to amend the specification of the Standard Products if required by any applicable statutory or regulatory requirements. You shall have no cause of action in respect of any such change, but you may exercise your right to change your mind set out in Condition 7 above.

(b) Subject to this Condition 9, we warrant that the Products shall be of satisfactory quality, fit for purpose and comply with any specification, in particular the Bespoke Products shall comply with the Product Drawings.

Aluminium products – Aluminium frame are guaranteed against distortion and joint failure for 10 years from the date of delivery.
Glass

(a)Glass units are guaranteed against failure of hermetical seals (i.e. misting between panes) for 5 years from the date of delivery.

(b) The fitting of insulated glazed units will not in itself eliminate condensation. This is dependent upon the environment within the dwelling. The company does not guarantee that condensation in the premises will be eliminated or reduced neither has any representative that authority to give such a guarantee.

(c) Toughened glass supplied will be Heat Soak Tested in an effort to minimise the risk of spontaneous glass breakage and glass inclusions (i.e nickel sulphide) and damages as a result . The heat soak test is not covered under this warranty and we shall not be liable to meet any costs associated with spontaneous glass breakage.

Polyester Powder Coating – Our powder coated products are guaranteed for a 10 year period for paintwork, against fading or corrosion. However, installation within hazardous environmental conditions such as marine, industrial, or swimming pools will reduce the guarantee periods unless specifically agreed prior to the commencement of the works.
Locks, Hinges and all other moving parts are guaranteed for 1 year from the date of delivery. Cosmetic deterioration of handles due to normal wear and tear is not covered by this warranty.

(d) If the Products do not comply with the warranty during the warranty period, you shall notify us accordingly within 1 month of becoming aware of the fault. We may ask you to send photographs of the Products and we shall be entitled to visit the Site to inspect the Products. If, following such inspection, we determine that the Products comply with the warranty, you shall pay our £200 costs of the inspection. If following such inspection, we determine that the Products do not comply with the above warranty, we shall repair or replace the Product or any component of the Product and these Conditions shall apply to such repaired or replacement Products and any Services.

(e) If the Site is located outside of the London, if you are a Trader, we may charge you all costs of travel, accommodation and expenses properly and necessarily incurred by us to inspect and then repair or replace the Product.

(f) The warranty shall not apply if you have not paid the Price due in full or if the fault arises because:

you have not complied with our Documentation or other instruction;
of minor imperfections or cosmetic deterioration caused by toughening process or environmental factors.
of fair wear and tear;
the Products have not been bought from us;
the Products have been installed by a third party who has not complied with our installation instructions;
the Products have been damaged by your act or omission or the act or omission of a third party
the Products have been made to a design, specification or according to measurements provided to us by or on your behalf or if you have failed to provide any information in relation to the Site that is requested of you or that is manifestly relevant to the Services;
you or any third party has attempted to repair the Products, reapplied the seal or changed the glass;
except in accordance with the Bespoke Product Drawings or where we otherwise agree, the Products are inaccessible or obscured, including because there is cladding or tiles covering the Products. If we do agree to meet the warranty even though the Products are inaccessible or obscured, you must first remove the material obscuring the Products at your cost;
the Products have been damaged by wilful default or an accident, abnormal storage or working conditions and/or negligence by you or by any third party or any external cause such as fire, theft, attempted theft or explosion; and/or
failure to operate due to loss of electrical connection at any time.

(h) If you are a Consumer, your statutory rights are not affected by this Condition. For further information about your legal rights in the UK, contact your local authority Trading Standards Department or Citizen’s Advice Bureau. If you have any complaint or wish to raise a dispute please contact us first and we shall do our best to resolve it.

IP Rights

You acknowledge that all copyright, design rights, trade marks and any other intellectual property rights of a similar nature in the Bespoke Product Drawings belong to us.
You shall not, and shall not assist or enable a third party to, copy the Bespoke Product Drawings or produce any products or provide any installation services to the Product Drawings.

Additional Terms for Traders

These Conditions supersede all prior representations or arrangements, and contain the entire agreement between the parties in connection with the Products. All other terms and conditions, express or implied, are excluded to the extent permitted by law. None of our representatives are entitled to amend these Conditions except in writing signed by a director. All samples, descriptive matter and advertising issued by us and any descriptions or illustrations provided to you are given for the sole purpose of giving an approximate idea of the Products described in them.
Notwithstanding the provision of Services, ownership of the Products shall not pass to you until we have received in full (in cash or cleared funds) all sums due in respect of the Products. Until ownership of the Products has passed to you, you shall (i) not charge the Products in any way or grant of give any interest to any third party in the Products; and (ii) maintain the Products in satisfactory condition and; (iii) keep the Products insured on our behalf for their full price against all risks to our reasonable satisfaction. For the avoidance of doubt, this means that risk in the Products passes to you when the Products are unloaded at the delivery address.
Until you have paid for the Products in full, you grant to us, our agents and employees an irrevocable licence at any time to enter the Site (i) in order to inspect them, and, (ii) if you take steps to enter into liquidation or administration, or if we reasonably believe you are likely to do so, to recover the Products from the Site.
You shall be responsible for all storage costs, additional delivery costs and other costs incurred by us as a result of failure to make the Site available to us in accordance with these Conditions.
To the extent permitted by law, we will not be liable to you for any loss of profit, loss of business, loss of goodwill, reputation or wasted expenditure, or for any indirect or consequential loss, damage or expenses howsoever arising out of the Products whether or not advised of the possibility of the same.
Our maximum liability for any claim by you whatsoever, including breach of contract and tort including negligence or otherwise, shall be limited to the Price paid for the Products and the Services that are the subject of the claim.
Nothing in these Conditions is intended to limit our liability for fraud, death or personal injury or other loss that may not be excluded or limited by English law.

12 . Use of the Website

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to youraccount. You agree to accept responsibility for all activities that occur under your account or password.
Please ensure that the details you provide us with are correct and complete and let us know immediately of any changes to the information that you have provided to us.
The Website is made for your own use. You agree not to try to gain unauthorised access to the Website or any networks, servers or computer systems connected to the Website and/or reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble all or part of the Website save to the extent expressly permitted by law.
The copyright in all material contained in the Website including all information, data, text, images and software is owned by or licensed to us. All rights are reserved. We have used reasonable endeavours to prepare the content of the Website, however, any representations, warranties or conditions of any kind in relation to the Website and its content are hereby expressly excluded to the maximum extent permitted by law.
The Website may contain links to websites or apps operated by third parties. We do not have any influence or control over any such third party websites or apps and we are not responsible for and do not endorse any third party websites or apps or their availability or content.
We will use reasonable endeavours to make the Website available to you at all times. However, there may be occasions when access to the Website may be interrupted, including for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. We reserve the right to remove any Products, Services content or features from the Website for any reason.

General

You may not assign, sub-license or otherwise transfer any of your rights under these Conditions.
If any provision of these Conditions is found by a court of competent jurisdiction to be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired and shall continue to have full force and effect.
No party except the parties to a Contract shall have any right to enforce these Conditions. Accordingly, the Contracts (Rights of Third Parties) Act 1999 shall not apply. For the avoidance of doubt, you are not a party to a Contract under these Conditions if you are a Consumer and you have engaged a Trader who purchases Products or Services from us.
These Conditions and any contract to which they apply shall be governed by the laws of England and Wales and are subject to the jurisdiction of the courts of England.
If you are a Consumer, have any complaint or wish to raise a dispute in relation to the Site please follow this link https://ec.europa.eu/odr

We shall process your personal data in accordance with our Privacy & Cookie Policy available on request or at https://smglasstech.co.uk/privacy

Last updated: August 2019