Orders are accepted on condition that the following Conditions of sale are accepted by the Customer to the exclusion of the Customer’s conditions and any other conditions of business written or implied and that in the event of resale the Customer undertakes the responsibility of ensuring that the Ultimate Purchaser is fully acquainted with the said Conditions of Sale.


For the purpose of the contract the terms listed shall bear the meanings ascribed thereto.

(a) “LSDG Ltd” means Leicester Star Double Glazing Limited.
(b) The “Customer” means the person, firm or company or corporation with whom the contract is made.
(c) The “Contract” means the contract for the sale of goods between LSDG Ltd and the customer set out in the Acknowledgement of Order of which these terms and conditions form part.
(d) The “goods” means all or any of the goods or services described in the contract or any goods or services in replacement thereof.
(e) The “Ultimate Purchaser” means the person, firm or company or corporation who receives the goods produced by LSDG Ltd.


(a) LSDG Ltd shall supply to the customer a quotation that is ex-works and net of Value Added Tax or any other similar tax or levies.
(b) Where a fixed price is quoted such price will be the Contract price (unless varied in accordance with the provisions production bends is completed within 60 days of the date of the quotation.
(c) LSDG Ltd quotations (excluding fixed price quotations) are based upon the cost of materials, labour, transport, fuel, other relevant factors and statutory obligations applying at the time of the quotation, if between that date and the date of actual delivery variations shall occur, and then the contract price shall be amended to provide for these variations.


The Customer shall provide LSDG Ltd with a written order giving details of the materials to be processed together with the specification of the work to be carried out to the reasonable requirements of LSDG Ltd. The Customer acknowledges that the process entails an element of trialling that may produce wastage and accepts that a greater quantity of the material may be required to comply with the order than originally estimated by the Customer. Where the Customer provides a template and specification it is agreed that the specification shall apply to the preclusion of the template. Where the customer provides a template without specification or where not all the specifications are provided, LSDG Ltd reserves the right to require full specifications as a precondition to proceeding.


(a) The responsibility for the observance of the requirements of all obligations the performance of which are necessary to comply with the Law of the Country where the Goods are to be sold or further processed rests with the Customer, who hereby agrees to indemnify and keep indemnified LSDG Ltd from and against all liability for loss, claims, damages. costs, interests and other liability whatsoever (on a full indemnity basis) which LSDG Ltd may suffer pursuant to all statutory obligations under the said law or by reason of non-compliance with any of the said obligations.


(a) Trials (i) Orders are accepted conditional to the production of satisfactory trial bends. Upon completion of the trials LSDG Ltd may elect to proceed with the production bends or where considered applicable by LSDG Ltd request inspection and approval by the customer of the trial bends. (ii)If the trial bends do not meet the specification either of either the Customer or LSDG Ltd may elect that the contract be terminated, in this case all costs incurred by LSDG Ltd including tooling, will become payable by the customer. (b) Production bends (i) upon receipt of the materials and/or order to be processed LSDG Ltd shall provide an estimated date of completion in respect of the production bends. Such estimated dates are business estimated only and time shall not be of the essence and LSDG Ltd shall not be liable to the customer for any loss of damage sustained by the Customer as a result of LSDG Ltd failure to comply with such completion dates. (ii) When the goods, the subject of the contract, are complete LSDG Ltd shall notify the customer as soon as possible. (iii) LSDG Ltd shall be responsible only for ensuring that the production bends are carried out to within reasonable limits of the specification. (it is herewith agreed that any bend within 2.5mm or 0.5% of the inside radius whichever is the greater either way of the specification shall be deemed to comply with the specification). LSDG Ltd shall have no further responsibility with regard to the production bends and the customer shall not be entitled to reject the goods or claim any breach of contract in respect thereof. (iv) Where any of the goods do not conform to the specification, the Customer must advise LSDG Ltd in writing within 3 days of receipt, of the Goods. LSDG Ltd may elect to re-process any such goods or otherwise treat them to bring them to such conformity. [a] Where notwithstanding any such treatment of any of the goods which do not conform (“the rejected pieces”) the customer shall accept all the Goods that so conform whereupon the full production bends fee shall be payable in respect of each of the Goods which do not conform and either: [b] Require LSDG Ltd to process further pieces of material to be supplied by the customer equal in number to the rejected pieces in which event the provisions in clause 5(b) (i-iv) shall apply to the materials and goods. [c] Elect to treat the contract at an end. (v) It is herewith accepted by the customer that additional material may be required for the following:- [a] trialling purposes, [b] setting up of machines for each batch quantity, [c] rejects during production. (vi) The title to all materials supplied to LSDG Ltd which do not produce approved goods shall vest in LSDG Ltd and no credit shall be allowed to the customer therefore. (vii) No fee shall be payable by the customer for each original rejected piece. Where the customer elects to require reprocessing in accordance with sub-clause 5(b)(iv) hereof then full production bend fee shall become payable in respect of all subsequent rejected piece (other than the original) a fee equivalent to the test bend fee shall become immediately due and payable by the customer upon inspection by the customer or its agents.


(A) Whilst LSDG Ltd undertakes to take all reasonable care of the Customers materials in its possession, LSDG Ltd accepts no responsibility for any distortion, damage, defects or faults therein which appear or develop during the course of the work undertaken by LSDG Ltd. Without prejudice to the generality of this clause where the customer supplies painted or anodised materials for processing LSDG Ltd accepts no responsibility for any distortion, damage, defects or faults which appear in or to the paint or anodising notwithstanding the otherwise successful bending of such materials. All materials received by LSDG Ltd for processing or otherwise are held by LSDG Ltd at the customers risk as regards damage or loss except the cause of the damage or loss was the result of the negligence of LSDG Ltd and its servants or agents. (b) When processing customers materials every effort is made to meet the requirements of the customer from the information supplied by them. When materials are supplied by the customer and it is the customer and not LSDG Ltd who is in a position to establish the precise composition of such materials no responsibility is accepted by LSDG Ltd as to the suitability of the materials for processing.


(a) Whilst delivery and completion dates are given in good faith based on the information available to LSDG Ltd at that time, such dates are not guaranteed and LSDG Ltd shall not be liable to the customer for any loss or damage sustained by the customer or any third party as a result of LSDG Ltd failure to comply with such delivery or completion dates and no delay shall entitle the customer to reject any delivery or further instalment or part of the order or to repudiate the contract of part thereof or to claim and damages or compensation in respect of the delay. (b) LSDG Ltd shall not be liable for any loss or damage caused by delay in the performance or non-performance of any of its obligations hereunder where the same is occasioned by any cause whatsoever that is beyond LSDG Ltd’s control including but not limited to act of God, force majeure, fire, flood, strikes (whether involving LSDG Ltd’s employees of those of another party,) lockout or other labour dispute, accident to or breakdown of machinery, shortage of labour or materials or delay in transport, civil commotion, insurrection, embargoes, quotas, acts or restrictions of government, import or export regulations or any other event beyond the control of LSDG Ltd. (c) Where the customer requests LSDG Ltd that delivery be advanced by the working of overtime by LSDG Ltd then unless the quotation expressly includes such overtime, the contract price shall be adjusted to include such amounts as shall indemnify LSDG Ltd for all extra costs, wages and overheads so incurred.


(A) The customer shall promptly accept the goods when they are delivered or tendered for delivery in accordance with the contract. In the event of the customer failing to so accept the goods or giving LSDG Ltd forwarding instructions within one month after notification that the goods are ready, the customer shall (in addition to any other liabilities which it may have to LSDG Ltd) be fully liable for all costs, charges and expenses, incurred as a result directly or indirectly of its failing to accept the goods. (b) Whilst it is LSDG Ltd normal policy to deliver or make available goods in on lot the customer shall accept delivery or availability by instalments or split deliveries and each instalment or part delivery shall be considered a separate transaction which shall not affect the rights or liabilities of either party under the contract as to the other instalments or part deliveries.


(A) Delivery of the goods will take place when (i) the customer or his agent signs the delivery note, and all risk will thereupon pass to the customer. (ii) five days from written notification by LSDG Ltd to the customer that the goods are completed. (b) LSDG Ltd accepts no responsibility for loss or damage to the goods howsoever arising after delivery has taken place. (c) Where LSDG Ltd itself has agreed to undertake transport LSDG Ltd accepts responsibility only for repair or replacement of damaged or lost goods where the cause of damage or loss was the negligence of LSDG Ltd employees. Customers are strongly recommended to make suitable insurance arrangements in respect of goods in transit out of LSDG Ltd works by carriers. Claims in respect of loss or damage should be made direct to the carrier concerned. (d) Carriage to and from LSDG Ltd will be sent at customers expense.


LSDG Ltd will provide standard packing to the goods prior to despatch from its works. The customer or its agents shall have the opportunity to inspect the packing upon collection, and may request special packing in lieu of LSDG Ltd standard packing. The customer may be charged extra for all special packing. In all circumstance LSDG Ltd accepts no liability whatsoever for the adequacy or suitability of the packing whether standard or special, and whether authorised as agents for the customer under clause 9(c).

(a) It is hereby expressly agreed by the customer that the property in all materials shall pass to LSDG Ltd upon its delivery to LSDG Ltd as security for the customer’s liabilities to LSDG Ltd arising under these conditions of sale. (b) Notwithstanding the delivery of the goods or any part thereof in pursuance of this contract, the goods shall remain the sole and absolute property of LSDG Ltd as legal and beneficial owner until such time as the customer shall have paid in full all sums due to LSDG Ltd under these conditions of sale. (c) LSDG Ltd reserves the right to determine the contract for the processing of materials at any time after payment has become due and before payment in full has been received by ABS Ltd and in that event LSDG Ltd or its authorised agents reserves the right to enter any premises in which any goods are kept and recover possession of such goods. (d)Notwithstanding that the agreed price has not been paid and that the customer holds the goods as bailee, the customer shall have a licence to sell the goods in the normal course of its business provided that any goods received in exchange for the goods, or any proceeds of sale therefore are held by the customer as trustee for LSDG Ltd in a separate bank account, and the customer shall assign to LSDG Ltd absolutely the benefit of any such contract of sale. (e) In the event that the customer has not received the benefit of such sale or disposal he will if called upon to do so assign LSDG Ltd within 7 days of being called upon to do so all rights the customer has against any third party in respect of the sale or disposal.


(a) unless otherwise stated all prices are net ex-works. (b) Unless agreed in writing with LSDG Ltd contracts with new customers are paid on a pro-forma basis and all orders with a net value of £1,000 or less are subject to payment on collection. (c) In all other cases, subject to credit being approved the customer shall make payment not later than 30 days from the date of invoice. (d) Where goods are delivered or are available by instalments each consignment will be invoiced as delivered and each months invoices will be treated as a separate account and be payable accordingly. (e) If any payment to be made hereunder by the customer is overdue, interest shall be chargeable there on from the day any sum becomes overdue until the sum due is paid with interest. Interest shall be paid at the rate of 4% above base rate from time to time of Barclays Bank Plc. (f) LSDG Ltd reserves the right where a customer fails to abide strictly to the payment terms herein or where genuine doubts arise as to the customers financial position to suspend delivery under this contract or any part or instalment thereof without liability, until payment or satisfactory security for payment has been received. (g) Time of payment shall be of the essence and failure to make payment on the due date shall entitle LSDG Ltd at its option to treat the contract as repudiated and act accordingly. Without prejudice to the foregoing failure by the customer to pay for any goods on the due date applicable thereto shall (without prejudice to any other remedies which it may have) entitle LSDG Ltd at its option to cancel or delay any undelivered goods of works whether under this or any other contract. (h) LSDG Ltd may having given the customer 30 days notice thereof sell by public auction or private treaty sufficient of any of the goods or materials then in the custody of LSDG Ltd on this or any other contract to discharge such overdue account (provided that LSDG Ltd shall account to the customer for any costs of such sale in excess of the overdue amount and interest thereon) without prejudice to any other rights LSDG Ltd may have. (I) Payment for goods delivered outside the United Kingdom must be made against delivery of the goods or shipping documents F.O.B. UK port unless credit arrangements approved by LSDG Ltd have been agreed in writing.


The customer shall be responsible in all instances for obtaining and necessary import/export licences, permits or authority necessary and to ensure compliance with all regulations governing admission or transfer of the goods into the country of destination and for payment of all duties, levies or charges howsoever incurred.

The customer shall fully indemnify LSDG Ltd against all actions, costs (including the cost of defending any legal proceedings) claims, proceedings, accounts and demands in respect of any infringement of patent rights, copy rights, registered design or other intellectual property or protected rights which result from compliance with the customers instructions whether expressed or implied.


(a) LSDG Ltd accepts no responsibility for damages, direct consequential, contingent or resulting loss, loss of profit, costs, charges, expenses or other liability, whether of the customer or any other party, howsoever arising, but within the bounds or reasonableness, LSDG Ltd’s responsibility being strictly limited to rectification or replacement as set out in these conditions of sale. In no circumstances shall any such responsibility arise after the customer or his agents has begun to erect, assemble or use any of the goods or subject them to any process of any nature whatsoever. Such rectification or replacement shall be made as quickly as possible, but LSDG Ltd shall require a reasonable time to affect this. A claim in respect of any defect or failure to comply with the specification or in respect of and delivery or instalment of an order or any part thereof shall not entitle the customer to cancel or refuse delivery of or payment for any other order, delivery or instalment or any part of the same order delivery or instalment. (b) Subject to the aforesaid, all expressed or implied warranties, conditions, representations, undertaking or liabilities, whether imposed by statute, common law, custom or otherwise regarding damages or loss are hereby expressly excluded in so far that such matters are within the bounds of reasonableness and in light of these conditions of sale, in particular without impairing the generality of the foregoing, no statement or description contained in any catalogue, or advertisement issued by LSDG Ltd or its agent, or any other communication from LSDG Ltd made verbally or in writing by any LSDG Ltd employee, agent, representative or officer, shall give or imply or be construed as giving or implying any such warranty, condition, representation, undertaking or liability as aforesaid nor shall such statement of description enlarge vary or override or be construed to enlarge vary or override in any way the conditions herein contained.


(a) The invalidity, illegality or unenforceability for any reason of any part of the contract shall not affect the validity, legality, or enforceability of the remainder. (b) Any notice or other communication required or permitted to be given under the contract shall be in writing and shall be served on LSDG Ltd and the customer respectively by delivering the same or sending it by facsimile transmission or by first class post, to the normal office of the respective party. Such notice shall be deemed to have been served at the expiration of forty eight hours after posting of the same correctly addressed has been put in the post or at the expiration of twenty four hours after transmission in the case of a facsimile transmission. (c) The headings used in these terms and conditions are for the purpose of convenience and identification and are not to be taken as limiting in any way the scope or possible construction of any clause. (d) These terms may be varied only by agreement in writing between the parties and such agreement must be made on behalf of LSDG Ltd by a person authorised (being a director of LSDG Ltd and known to the customer to be so authorised) by LSDG Ltd and no other action on the part of LSDG Ltd (whether delivery of the goods or otherwise), shall be construed as an acceptance of any other terms and conditions whatsoever. (e) LSDG Ltd reserves the right to subcontract without prior consent of the customer.


The contract and the rights of the parties hereto shall be governed by and interpreted in accordance with English law. The customer hereby irrevocably agrees to submit to the jurisdiction of the English courts and waives any objection to any legal proceedings in the said courts on the grounds of venue of forum non convenience.

Retail Terms & Conditions of Sale

1. Interpretation

1.1 The definitions in this clause apply to these Terms: Estimated Delivery Date: the date upon which we will aim to deliver the Goods and provide the Installation Services, as stated in the Order.

Goods: the products that we are selling to you as set out in the Order. Installation Services: the installation services as detailed in the Order, which you agree to purchase from us.

Order: your order for the Goods and Installation Services, as set out overleaf, to include (where applicable) the description of the Goods, Specification, Price, address of the Property and Estimated Delivery Date (or any other information which we deem necessary).

Order Confirmation: our written acceptance of the Order.
Price: the price of the Goods and Installation Services, as set out in the Order, which is subject to Survey.

Property: the property in respect of which the Goods and Installation Services are to be provided.

Specification: the specification for the Goods, including any samples, drawings, illustrations contained in our catalogues or brochures and related plans that are agreed in writing by you and us, as set out in the Order.

Survey: a survey by us or on our behalf of that part of the Property at which the Goods and Installation Services are to be provided.

Survey Fee: 2.5% (two and a half percent) of the Price.

Terms: the terms and conditions set out in this document and any special or additional terms and conditions agreed in writing by us and you recorded overleaf.

You or your: the customer ordering the Goods and Installation Services from us, as detailed in the Order.

We, us or our: Leicester Star Double Glazing Company number 10221626 whose registered address is 244 Green Lane Leicester LeicestershireLE5 4PB.
1.2 Headings do not affect the interpretation of these Terms.
1.3 A reference to “writing” or “written” in these Terms includes fax and email.
1.4 Any phrase introduced by the terms “including”, “include”, “in particular” or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.

2. These Terms

2.1 These Terms are the terms and conditions on which we supply the Goods and Installation Services to you.
2.2 Please ensure that you read these Terms carefully, and check that the details on the Order are complete and accurate, before you sign and submit the Order to us. If you think that there is a mistake, please contact us to discuss. Any changes required to an Order submitted to us must be agreed by us in writing.
2.3 We intend to rely on these Terms and your Order. If you require any changes, please make sure you ask for them to be put in writing. This can help to avoid any problems about what you expect from us and what we expect from you.
2.4 These Terms will apply to any repaired or replacement Goods we supply to you.

3. Our contract with you

3.1 The Order is an offer by you to enter into a binding contract, which we are free to accept or decline at our absolute discretion.
3.2 These Terms shall become binding on you and us when we issue you with an Order Confirmation, at which point a contract shall come into existence between us.

4. Specification

4.1 The Goods are described in the Specification.
4.2 Any samples, drawings, or advertising we issue, and any illustrations contained in our catalogues or brochures or on our website, are produced solely to provide you with an approximate idea of the goods they describe. The Goods will be manufactured according to the Specification, subject to clauses 4.3 and 4.4. Although we have made every effort to display the colours accurately, we cannot guarantee that the printed pictures contained in our catalogues or a brochure accurately reflects the colour of the Goods. The Goods may vary slightly from those images.
4.3 All specifications are approximate only and are subject to normal margins of tolerance for the materials and installation in question.
4.4 We reserve the right to amend the Specification if required by any applicable statutory or regulatory requirements.

5. Your rights to make changes

If you wish to make a change to the Goods ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the Price, the Estimated Delivery

Date or anything else which would be necessary as a result of your requested change and you shall confirm to us whether you wish to go ahead with the change.

6. Our rights to make changes

6.1 Minor changes to the Goods. We may change the Goods: (a) to reflect changes in relevant laws and regulatory requirements; and (b) to implement minor technical adjustments and improvements. These changes will not adversely affect your use of the Goods.
6.2 More significant changes to the Goods. If we need to make more significant changes to the Specification (for example changes not foreseen or made aware to you in the pre-contract information provided) or, following the Survey, any changes to the Price we will notify you and you may then contact us within 14 days of the date of such notice to either agree to such changes or end the contract and receive a full refund or any monies paid to us in accordance with clause 11.3, subject to us deducting the Survey Fee. If you do not contact us within 14 days from the date of our notice to you, we will end the contract and refund to you any monies paid to us in accordance with clause 11.3, subject to us deducting the Survey Fee.
6.3 Changes to these Terms. We reserve the right to revise and amend these Terms from time to time. You will be subject to the Terms in force at the date of the Order.

7. Delivery

7.1 Any delivery costs will be included in the Price.
7.2 If you are purchasing Goods and Installations Services, we will complete the Installation Services on or about the Estimated Delivery Date (unless otherwise agreed in writing by you and us).
7.3 We will endeavour to meet the Estimated Delivery Date. In the event of delays in delivering the Goods and completing the Installation Services by an event outside our control (in accordance with clause 15), you will be contacted as soon as possible and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for the delays caused by such events, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any payments already made in respect of the Goods which you have not received.
7.4 We may have to suspend the supply of the Goods (or any part thereof) to:

(a) deal with technical problems or make minor technical changes; (b) update the Goods (or any parts thereof) to reflect changes in relevant laws and regulatory requirements; or (c) make changes to the Goods as requested by you or notified by us to you (in accordance with clause 6).
7.5 We will contact you in advance to tell you we will be suspending supply of theGoods, unless the problem is urgent or an emergency. You may contact us to end the contract for the Goods if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 60 days from the Estimated Delivery Date and we will refund any sums you have paid in advance for the Goods in respect of the period after you end the contract.
7.6 We may suspend the supply of the Goods if you do not pay us for the Goods when you are supposed to (in accordance with clause 11) until such amounts outstanding have been paid. We will contact you to confirm we are suspending the supply of the Goods. We will not charge you for the Goods during the period for which they are suspended. As well as suspending the Goods, we can also charge you interest on your overdue payments (in accordance with clause 11.5).

8. Installation Services

8.1 We will carry out only the Installation Services and on any final survey sheet (if applicable).
8.2 You will permit us (and our agents, employees and contractors) access to the installation site at all reasonable times so that we may complete the Installation Services between the hours of 8.00am and 5.00pm.
8.3 If you do not allow us access to your property to perform the Installations Services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract.
8.4 Neither us (nor our agents, employees or contractors) will be responsible for any structural defects or underground obstructions existing in the installation site at the time of commencement of the Installation Services and which become evident as the Installation Services progress.
8.5 We will make good any damage to your property caused by us, our agents, employees or contractors during the Installation Services. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the Installation Services.
8.6 It is your responsibility to remove and replace curtains, blinds and pelmets. We will not be required to remove existing fittings and materials so that they may be capable of re-use.
8.7 We can provide, at additional cost, a skip for the removal of waste material from the site. If you make alternative arrangements for the removal of waste material, we cannot accept liability in respect of any accident, injury or damage resulting from your inability to arrange for the safe disposal of such waste material.
8.8 We are not permitted to move telephone cables and junction boxes attached to existing window frames. It is your responsibility to arrange with your telephone provider for the relocation of these, either before or during the Installation Services.
8.9 It is your responsibility to ensure that any alarm systems attached to doors or windows which are to be replaced are disconnected before the Installation Services (and replaced and connected following the Installation Services).

9. Approvals

9.1 We will arrange CPS certification and electrical safety certification in accordance with "Part P" of the building regulations, where appropriate.
9.2 Unless otherwise agreed in writing between us and you, it is your responsibility to obtain all relevant and necessary approvals, including but not limited to any deed of covenant or landlord approval and/or those from local authorities in respect of building regulations, planning permission, alterations to listed buildings or alterations carried out in a conservation area. We cannot be held responsible for any delay in completion of the contract, or other loss directly arising from your failure or delay in obtaining any of the above. Any costs associated with taking down or removing an installation in these circumstances will be the chargeable to you.

10. Title and risk

10.1 The Goods will be your responsibility from the time of delivery to the address you give us.
10.2 Ownership of the Goods will pass to you when we receive payment of the Price in full.

11. Price and payment

11.1 The price of the Goods and Installation Services shall be the Price (unless another price has been agreed by you and us in writing).
11.2 The Price is subject to adjustment by us following the Survey if additional costs of supplying or installing the Goods are identified as a result of the Survey.
11.3 The Price shall be paid as follows:

(a) For conservatories (including Installations Services): (i) a deposit of 25% of the Price payable upon receipt of our Order Confirmation; and (ii) 75% on completion of the Installation Services. (b) For windows (including Installation Services): (i) a deposit of 25% of the Price payable upon receipt of our Order Confirmation; and (ii) 75% of the Price payable on completion of the Installation Services. (c) For all Goods not including Installation Services: (i) a deposit of 25% of the Price payable upon receipt of our Order Confirmation; and (ii) 75% of the Price payable no later than 3 days prior to delivery.

11.4 The Price is inclusive of VAT. However, if the rate of VAT changes between the date of the Order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Goods in full before the change in the rate of VAT takes effect.
11.5 If you do not make any payment due to us by the due date for payment, we may charge interest to you on the overdue amount at the rate of 4% a year above the base rate of Lloyds TSB plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with the overdue amount.
11.6 In the event of any minor defect with or damage to components such as, but not limited to, profile, glass, handles, hardware, weather seals and the like under these Terms the Installation Services will be deemed practically complete and the final balance will become payable. We will accept you withholding a retention of 5% of the outstanding balance of the Price in these circumstances until the defect is resolved, upon which payment of such retained amount is required without delay.

12. Defective Goods

12.1 If you have any questions or complaints about the Goods please contact us in accordance with clause
12.2 We agree to fully investigate any alleged defect notified to us by you provided we have received full payment of all sums due and payable to us by you.
12.3 We will not be responsible for:

(a) any colour variation on windows and conservatories made from wood, including when finished wood stains are applied; (b) any imperfections of a minor or insignificant nature; (c) any defect arising from your actions following delivery of the Goods and performance of the Installation Services; (d) any defect arising from your failure to follow our oral or written instructions as to the use and maintenance of the Goods; (e) any defect arising from any alterations or repairs (or attempts to alter or repair) made by you or by someone else at your request; (f) any defect arising as a result of fair wear and tear or wilful damage caused by you; or (g) the Goods’ suitability for any particular purpose required by you (whether or not the particular purpose was known or communicated to us).
12.4 We are unable to guarantee that condensation will be eliminated following installation as condensation is a ventilation issue and cannot be resolved unless a free flow of air is allowed to circulate.
12.5 If we deem that the Goods are defective we will (subject to your agreement in writing):

(a) provide you with a full or partial refund; (b) replace the Goods; or (c) repair the Goods.

13. Our liability to you

13.1 Subject to clause 13.2 below, if we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into this contract.
13.2 We only supply the Goods for domestic and private use. If you use the Goods for any commercial, business or re-sale purpose, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.3 Our total liability to you in respect of all losses arising under or in connection with these Terms or the contract shall not exceed the total amount paid by you under the contract.
13.4 We do not exclude or limit in any way our liability for:

(a) death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; (b) fraud or fraudulent misrepresentation; and (c) which we cannot exclude or limit our liability under applicable laws.

14. How we may use your personal information

14.1 We will use the personal information you provide to us to:
(a) supply the Goods and perform the Installation Services to you; (b) to process your payments for the Goods and Installation Services; and (c) to inform you about similar goods that we provide, but you may stop receiving these at any time by contacting us.
14.2 We will only give your personal information to third parties where the law either requires or allows us to do so.

15. Events outside our control

15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control.
15.2 An “event outside of our control” includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following:

(a) civil commotion, civil war, riot, invasion, armed conflict, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; (b) acts of God, collapse of buildings, fire, explosion, inclement weather, storm, flood, earthquake, subsidence, drought, epidemic or other natural disaster; (c) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; (d) impossibility of the use of public or private utility networks; (e) the acts, decrees, legislation, regulations or restrictions of any government; or (f) strikes or labour unrest (other than in relation to our own employees); or (g) default by one of our suppliers or sub-contractors.
15.3 Our obligations under these Terms are suspended for the period that such event outside of our control continues, and we will have an extension of time to perform these obligations for the duration of that period. We will take reasonable steps to bring such an event to a close or to find a solution by which our obligations under these Terms can be performed despite such an event.

16. Transfer of rights and obligations

16.1 We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Terms.
16.2 You may not transfer your rights and obligations under these Terms to any other person without our written consent.

17. Notices and communications

17.1 If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing (for example, to cancel the contract), you can send this to us by hand or by pre-paid post to Ideal Window Solutions Limited, Unity Building, Fort Fareham Newgate Lane, PO14 1AH, or by email to enquiries@idealwindowsolutions.co.uk. We will confirm receipt of this by contacting you in writing.
17.2 If you wish to contact us by telephone, our contact number is 01329 238399.
17.3 If we have to contact you or give you notice in writing, we will do so by e-mail, by hand, or by pre- paid post to the address or email address you provide to us in the Order.

18. General

18.1 If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
18.2 If we fail, at any time while these Terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any of our rights or remedies under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
18.3 This contract is between you and us. No other person shall have any rights to enforce any of these Terms. Neither of us will need to get the agreement of any other person in order to end the contract or to make any changes to these Terms.
18.4 These Terms shall be governed by English law and we both agree to the exclusive jurisdiction of the English courts.

Retail Conditions of Sale

1. General
a) In these conditions the person signing the acceptance slip or contract is referred to as the Customer and the company who is supplying the products detailed in the schedule is referred to as ‘The Company’. b) The customer is contracting direct with the company for the supply and installation (where necessary) of the products and services detailed and payments must be paid directly to the company. c) The description of the company’s products and their effect is set out in the company’s current literature which is freely available. No additional representation shall bind the company unless the same has been put into writing by a director. From time to time improvements and changes are made to the company’s products. The customer acknowledges and agrees that he shall receive delivery of products which comply with the company’s latest basic design and specification may be affected without notice to the customer provided that the product shall be of equal or greater to the customer. d) This contract contains all the terms and conditions agreed between the company and the customer and no variations of these terms and conditions shall bind either party unless previous agreement in writing signed by both the customer and a director of the company. e) No omission by the company whether by way of indulgence or otherwise of failure to enforce or delay in enforcing the company’s rights here under shall be constructed as a waver of any of the company’s rights.

2. Survey

a) This agreement is subject to a detailed survey being carried out by the company or its agents and the company alone may as a result thereof in its absolute discretion and without ascribing any reason cancel all or part of this contract at any time to the installation commencing. b) If it is found during the survey that additional work is necessary which is not covered by this contract to ensure that the completed installation is up to the company’s standard then the cost of such additional work will be notified to the customer before the installation commences. If the customer is not prepared to bear this additional cost then the company reserves the right to vary the terms of its guarantee or to cancel the contract as in 2a. c) Building and base works are subject to ground conditions. These are not exposed until work commences, so these works cannot be assessed during survey. For conservatory estimates, our estimate includes for a 600mm deep strip concrete foundation (unless stated otherwise). Should conditions dictate that additional works are required, the customer will be informed of any additional cost. If the customer will not meet the additional cost, the customer must pay for work to date and any re-instatement of the site.

3. Delivery

a) The company will use its best endeavours to install the products scheduled within the period quoted to the customer. If the work specified is not completed within this period, the customer may serve a notice on the company requiring that the work be completed within such a reasonable period as the customer my specify (in general the company would accept six weeks as being reasonable). If the work is not completed within such as extended period the customer may cancel the uncompleted work covered by this contract by the service of written notice to that effect on the company as its Registered Office b) Notwithstanding the foregoing i) the company shall not be liable for any delay that arise from circumstances beyond the reasonable control of the company and in the event that time has been made in the essence of the contract time shall not run during any period when delay on that account is operating and ii) cancellation of any uncompleted work shall be without prejudice to the customers’ liability to pay for such part of the work as has been completed. c) The property in the products, the title to the products and the ownership of the products shall remain with the company and will not pass to the customer until the total price has been paid to the company. No work will be carried out by the company under the guarantee until the total price has been paid to the company.

5. Guarantee

a) All glass used shall be of good quality but the company shall be under no liability whatsoever in respect of minor blemishes or imperfections which are not guaranteed by the glass manufacturers (not noticeable at a distance of 1.5m) b) The company does not guarantee that the installation of the products specified will affect the incidence of condensation in the building and a leaflet describing the causes and remedies of condensation is available from the company. The company does guarantee that condensation will not form between the panes of the double glazed sealed units during the period of the guarantee. c) The company undertakes to replace or repair free of charge any hardware product that proves defective as a result of faulty materials or workmanship within a period of 5 years from the date of installation. d) Our guarantee is for 10 years against the failure of the framing materials, sealed units or any aspect of the fitting from the above date. Sealed units glazed into Hardwood or Aluminium is guaranteed for 5 years. The fittings such as hinges, handles, locks and restrictors are guaranteed for 5 years. e) Notwithstanding the foregoing the company shall not be liable to repair or replace any item which in its opinion has suffered damage due to misuse accident or premature deterioration due to the customers failure to satisfactorily maintain the product. The principle of fair wear will be applied in all cases. f) These conditions state the full liability of the company in respect of disputes and the company shall not be liable for consequential loss of any nature whatsoever including loss of earnings. No further guarantee warranty or representation is given or made as to the products or installation of them by the company or its agents.

6. Liability

a) The company shall not be liable to pay for any work carried out by any other person firm or company engaged by the customer whether by way of rectification completion to or in respect of the contract works to be performed by the company unless such an engagement shall have been agreed by a director of the company in writing. b) Liability whether is respect of one claim or in the aggregate arising from the installation of the company’s product shall not in any event exceed the cash price stated.

7. Installation

a) The company will make good any damage caused in the course of installation to plaster floor rendering or brickwork immediately surrounding any window or door installed by the company but under no circumstances can the company undertake to provide matching ceramic or other tiles or specialised finishes such as Tyrolean or Pebble-dash, nor can the colour of the making good or rendering be guaranteed to match the existing rendering. The company does not provide or apply any decorative finish to such making good. b) The company and its servants will do their utmost to keep any damage to a minimum but it cannot guarantee to avoid damage to wallpaper or paintwork surrounding the installation and any redecoration as a result of such damage shall be the responsibility of the customer. c) The company will not be liable for damage of any description arising from the installation or use of the products where such damage is due to defects in the fabric of the building which existed prior to the installation of the company’s products whether such damage was detected at survey or not. The company will notify the customer of any such defect if it is thought that the defect will prejudice the performance of the company’s products. d) Curtain/blind removal and replacement. It is not part of our costing, unless you have specifically asked us to carry out this work. Our installers will, if asked, try to leave you with some screening at bedroom windows. If you are concerned after talking to our surveyor about any delicate, expensive or complicated curtains, blinds or pelmets, please contact your installer to carry out the removal and replacement. Merstham Glass will not be held responsible for damage to curtains or blinds that are present during the installation process. e) We wish to make you aware that during replacement work there is a risk of damage to cables run on, or through, frames to be removed. If any damage occurs you are liable for any resulting costs.. You could elect to have the cables removed and replaced by your supplier’s. This will involve costs and inconvenience as you could be without these services until the work is complete. (unless you re-site the cable/s away from the frames). In most cases we think leaving the cables for us to try and re-route behind the new frames is an acceptable risk as usually no damage occurs, but as always, the decision is yours.

8. Finance and Payment

a) It is hereby agreed and declared that the agreement is neither hire purchase nor a credit sales agreement b) Payment of the final balance is due on practical completion and inspection by the customer or its agents or on delivery of the products or any of them in the case of ‘Supply Only’ contracts. Payment must be by way of cash, bankers draft, cheques, debit cards or money orders payable to Leicester Star Double Glazing Ltd and crossed ‘A/C Payee only’. The customer shall not be entitled to withhold payment by reason for any alleged minor effect which would normally be dealt with under the guarantee. If payment is not made by the customer as above on completion of installation, interest shall accrue on the amount of payment outstanding to the company from that date to the date of actual payment at the rate of 2% per month above base rate of Barclays Bank PLC prevailing at the time, accruing day by day. c) Credit card payments are accepted subject to 2% add to cover additional cost.

9. Access

a) The customer agrees to provide the company and its servants or agents with reasonable access to the customer’s premises between 8.00am and 5pm on Monday to Friday until the installation has been complete and the products paid in full. In the event of the customer failing to give the company its servants or agents access to the premises for a period of twenty eight days from a request in writing by the company shall be entitled to terminate the agreement at the expiry of such period but without prejudice to its rights and liabilities hereunder and in particular to its right to receive payment for any works done or products manufactured, purchased or supplied to that date.

10. Cancellation

a) Upon signing by the customer the acceptance document a binding contract shall be created details which are given and such contract shall not be subject to cancellation by the customer although the company reserves the right to cancel the contract within the conditions above and in such circumstances alone return any deposit paid in full and without interest. b) Without prejudice to its right to claim damages for breach of contract the company may at its sole discretion in appropriate cases agree to the cancellation of a contract by the customer upon payment to the company for all expenses incurred by it prior to the date of cancellation such an agreement to be set in writing and signed by a director of the company and countersigned by the customer.