General Conditions' of Sale
1. In these General Conditions of Sale 'Tuff X Processed Glass Limited', T/A EcoVitro is referred to as 'The Company' and the person signing this contract is referred to as 'the customer' the supply of materials is referred to as 'goods'.
2. Orders are accepted on the basis that these General Conditions of Sale will apply to the exclusion of any conditions printed on customers' own stationery. Orders given verbally must be confirmed in writing otherwise the company accepts no responsibility for errors in interpretation or delay in proceeding with the order.
3. The entire terms and conditions of this contract are contained in this document and no oral or written representative shall bind the company unless confirmed in writing and signed by a director of the company.
4. The order is accepted by the company subject to a final survey by the company's technical surveyor, which shall be carried out during daylight hours Monday to Friday
5. All dates and periods of time specified by the company in this agreement or otherwise are business estimates only and, although the company will use its best endeavours to adhere to any dates or periods of time given, the company shall not be liable in any way whatsoever for any direct, indirect or consequential financial loss which may result from the delay in the delivery/installation save where it is established that the loss was reasonably foreseeable and that the delay was caused by the willful default or negligence of the company or its servants or agents.
6. If the customer does not require the installation within 26 weeks from the date of this contract then the company shall be at liberty to charge the customer for the products at the price shown on this contract.
7. The installation date in particular can be effected by inclement weather conditions (meaning any weather conditions making it more difficult to work) or unexpected problems on earlier jobs.
8. The customer shall provide reasonable access to enable installation to be completed as soon as advised that the products are ready and will notify the company of a suitable appointment for installation. If within 14 days of such advice and an appointment for reasonable access has not been fixed the balance of the purchase price will bec9me due and payable immediately.
9. Demonstration windows, doors and conservatories are used to illustrate the working of a typical product and its composition. The items detailed in the schedule will be manufactured and installed by the company using such product and materials in pursuant of the company's policy of continuous improvement and it reserves the right to make any necessary modifications in design, specification or composition.
10. One party without written consent of the other party cannot cancel the contract. The company shall be entitled to receive such losses that may be incurred from the customer cancelling this contract without written agreement from the company.
11. The company will not accept any variations or alterations to the order unless confirmed in writing by the customer and any such
variations or alterations may result in additional charges being made by the company. All goods ordered under this contract are purpose made specifically for the customer's particular requirements and as such are not resalable to a third party.
12. AIl reasonable care will be taken but the company will not be under any responsibility whatsoever for damage (or consequential loss arising there from) caused to the property during the installation. The customer must clear the area of build of such items that they may wish to keep unless it has been agreed that the representatives of the company will clear the site. In such circumstances the company cannot take responsibility for any damage or loss that may occur. Prior to installation the customer must be satisfied by personal inspection or professional survey that the property is free of any structural defects and notify the company immediately if any such defects are found. leaks that exist within the house roof can cause a leak into the soffit and once enclosed by a conservatory with a box gutter can appear as a leak within a conservatory roof. In such circumstances the company cannot take responsibility for the repair of the house roof.
13. The customer shall be responsible for ensuring that the supply and fitting of the products complies with every applicable Statute, Order, Council Regulation or Direction of Government local or other Authority Regulations and in particular that he has lawfully obtained every necessary license, permit, planning permission, consent or authority required in connection therewith.
14. The roof manufacturer guarantees the conservatory roofing system for ten years from the date of installation.
15. We 'The Company' guarantee the installation of works carried out by 'The Company' for the period of twelve months from completion of installation.
16. The glass manufacturer guarantees the efficiency of the sealed unit for a period of ten years from the date of installation.
17. Double glazed sealed units do not guarantee the reduction or elimination of condensation therefore no guarantee can be given. In
some circumstances condensation can form within the cavity of a polycarbonate roofing sheet as this is not a sealed unit, this occurrence is unavoidable and not a fault of the product.
18. All glass shall be good quality but the company shall be under no liability whatsoever in 'respect of minor imperfections not guaranteed by the glass manufacturer. In some circumstances a double image or rainbow effect can be seen, this is a natural phenomenon and not an imperfection to the glass.
19. The company shall not be liable for any costs, claims, demands, loss, expenses, claims for consequential loss or any other liability in respect of or arising as a result directly or indirectly from the foundations, base work or window structure of the original conservatory. The customer must ensure that the current condition of the conservatory is free from any structural defects and notify the company immediately if any structural defects are found prior to installation.
20. The customer shall ensure that it shall not (nor will it permit anyone else to) do anything or omit to do anything, which would render the premises an unfit or unsafe working environment for the company's agents or employees.
21. The customer shall be responsible for taking all due and responsible care for its own safety and the safety of any third parties on the premises during the installation.
22. Risk of damage to or loss of the goods shall pass to the customer from the installation date arranged between the customer and the company.
23. Notwithstanding the passing of risk in the goods, or any other provision of these conditions, the property in the goods shall not pass to the customer until the company has received, in cash or cleared funds, payment in full of the price of the goods and all other goods agreed to be sold by the company to the customer for which payment is then due.
24. Until such time as the property in the goods passes to the customer, the customer shall hold the goods as the company's fiduciary agent and bailee.
25. The final settlement is due to the company on completion of installation. Delays in obtaining monies to fund the installation should be notified to the company prior to installation. Failure to settle in full will result in interest being charged at 3% per month. Credit cards will be charged at 1.75% of the amount being settled by credit card. Cheques are to be made payable to 'Tuff X Processed Glass Limited'.
26. Customers who have finance company, building society or other means of approved finance shall be deemed as paying cash on installation therefore clause 23 shall apply.


