Privacy/Legal

NPS GLAZING SYSTEMS LIMITED T/as LUMINEX

Terms & Conditions of Business

Definitions

In these Conditions the following phrases shall have the following meanings:
“NPS” means NPS Glazing Systems Limited t/as Luminex
“Parties” means You and NPS collectively
“Goods means the goods, materials and or services being sold or agreed to be sold by NPS to You and more particularly described in the Quote [attached/overleaf] but which may include purpose made windows, doors and or aluminium roof systems
“Works” means any preliminary building or ground works necessary for the installation of the Goods
“You/Your” means the person, firm or company who agrees to buy the Goods from NPS “Consumer” means a consumer as defined by The Cancellation of Contracts made in a Consumer’s Home or Place of Work Regulations 2008

General
The following Conditions apply to the sale of the Goods supplied by NPS to You and shall be read together with the quote [overleaf/attached] (“the Quote”).

Works and Consents
NPS agrees to install the Goods at the price specified in the Quote subject to the Surveyor’s approval of the feasibility of the works and correctness of the price. In the event of any modification to the Goods or Works or price being required as a result of the survey NPS shall either cancel the agreement between You and NPS within 14 days of such survey or issue You with a revised Quote (“Revised Quote”) explaining the reason for such revision. If You do not accept the Revised Quote within 14 days of receipt the agreement between You and NPS shall be cancelled.
If any Works are to be carried out by You or any third party arranged by You, You shall be responsible for ensuring that such Works are carried out in accordance with the specification set out in the Quote and at an appropriate time to ensure that no delay occurs to the installation of the Goods. You shall indemnify NPS in full against all loss incurred by NPS as a result of any failure to carry out Works in accordance with such specification or as a result of such delay.
It is Your responsibility to inform NPS whether Your premises is either a listed building or in a conservation area as defined by statute whereupon NPS will use its best endeavours to obtain the necessary approvals relating to the Goods. Should these approvals:
prove to be obtainable only by a revision of the Works and or Goods NPS will quote a revised price to You. In the event that this is not accepted by You within 7 days of the Revised Quote NPS will be at liberty to cancel the agreement between You and NPS by written notice to You.
not be forthcoming NPS will be at liberty to end the agreement between You and NPS.
If planning consent is required before the Goods can be installed and or Works undertaken then should such consent:
prove to be obtainable only by a revision of the Works and or Goods NPS will quote a revised price to You. In the event that this is not accepted by You within 7 days of the Revised Quote NPS will be at liberty to cancel the agreement between You and NPS by written notice to You.
not be forthcoming NPS will be at liberty to end the agreement between You and NPS.
If the agreement between You and NPS is cancelled in accordance with clauses above NPS will refund such money as appropriate having taken into account the work done and services rendered by NPS to You.
If You fail to inform NPS that Your premises is a listed building or is within a conservation area NPS shall be entitled to assume without any further enquiry that either it is not or that You have obtained any and all relevant consents or approvals in respect of the Goods and the carrying out of Works and shall be under no liability whatsoever in the event of any enforcement or other action by the Local Authority or any other person or body.

Orders & Specifications
You shall be responsible to NPS for ensuring the accuracy of the terms of any order as set out in the Quote (including any applicable specification). NPS shall not be held responsible for any damage loss or liability arising from an incorrect specification received from You.
NPS’s employees or agents are not authorised to make any representation concerning the Goods and or the Works unless confirmed by a director of NPS in writing. Any advice or recommendation given by NPS or its employees or agents to You as to the Goods (including the application, installation or use thereof) and or Works which is not confirmed in writing by a director of NPS is followed or acted upon entirely at Your own risk and accordingly NPS shall not be liable for any such advice or recommendation.
Subject to these Conditions, no order shall be binding on NPS until NPS has prepared a written Quote and You have accepted the same, together with these Conditions. A legally binding agreement will be made between You and NPS as soon as NPS receives written acceptance of the Quote and these Conditions from You or as soon as a purchase order is received from You (whichever is sooner).
Subject to the provisions of clause 3 above no order which has been accepted by NPS may be cancelled by You except with the agreement in writing of NPS and on the terms that You shall indemnify NPS in full against all loss (including loss of profit), costs (including the cost of all labour and material used), damages, charges and expenses (including legal and other professional expenses) incurred by NPS as a result of Your cancellation.

Materials & Property Provided by You
NPS shall bear no liability in respect of any materials supplied or specified by You.
NPS reserves the right to reject any materials supplied or specified by You (including but not limited [insert as appropriate]) if in its opinion such materials are unsuitable or insufficient in respect of the Goods and in such circumstances NPS may charge You an additional sum to cover the cost, time and expenses incurred in locating and purchasing replacement materials.
All materials and property supplied to NPS by or on behalf of You are (unless otherwise agreed by the Parties in writing) at Your risk and you should ensure that such materials and property are covered by a valid policy of insurance.

Samples
The Goods are not sold by way of sample. Any samples shown to You are for illustrative purposes only and because NPS and its suppliers are seeking to continually improve their products, the Goods installed may wary.
Any glass will be supplied to the Glass and Glazing Federation regulations and their Visual Standards. Imperfections in glass are a natural phenomenon and NPS will bear no responsibility for minor blemishes/imperfections/optical phenomenon which are not specifically guaranteed by the glass manufacturers.

Rejection of Orders
Subject to these Conditions, NPS reserves the right to reject an order on giving written notice to You within seven days of NPS receiving written acceptance of the order from You or within seven days of NPS receiving a purchase order from You (whichever is sooner). In the event of such rejection, no liability shall accrue to NPS whatsoever.

Price & Payment
Subject to the provisions of clauses 3, 5 and the remaining provisions of this clause 8 the price for the Goods shall be the total amount specified in the Quote.
NPS reserves the right to increase the price to cover:
any scaffolding costs
the failure by You to carry out any Works previously agreed to be undertaken by You
the need to undertake additional work to complete the installation provided that such need was not reasonably ascertainable before the order was accepted. This would include but is by no means limited to the provision of rotten material.
NPS reserves the right to increase the price to cover any alterations or amendments requested by You in respect of style and or specification of the Goods and or in respect of any additional goods and or services that You subsequently require.
The payment terms are as set out in the Quote but where the Quote is silent, payment is due within seven days of presentation of an invoice to You. The time of payment of the price shall be of the essence.
NPS reserves the right to require a deposit/ proforma payment from You which shall be payable on acceptance of the Quote or the issuing of a purchase order (whichever is sooner) and such deposit/ proforma payment shall be agreed at contract stage.
If You fail to make any payment whether under these Conditions or by virtue of the Quote or otherwise on the due date then without prejudice to any other rights or remedy available to NPS, NPS shall be entitled to:
cancel the agreement between You and NPS; and
charge interest on any amount unpaid at the rate of [4] %per annum above the base rate from time to time of Barclays Bank Plc. Such interest will accrue on a daily basis from the date that payment was due up to the date on which NPS receives the full amount outstanding together with all accrued interest from You.

VAT
Quotes are exclusive of VAT and VAT will be charged where applicable on all fees of NPS and on those expenses and payments that are liable for VAT.

Cooling off period
Where an agreement between NPS and a Consumer is entered into:
during a visit by NPS to a Consumer’s home or place of work, or to the home of another individual;
during an excursion organised by NPS away from the business premises; or
after an offer made by the Consumer during such a visit or excursion
the Consumer is entitled to: a minimum cooling off period of 14 calendar days starting with the date of receipt by a Consumer of a notice of the right to cancel;
cancel an agreement with a total payment value of more than £42 within the cooling off period.

Delivery and Installation
Any times quoted for delivery or installation are estimates although NPS will use all reasonable efforts to deliver and or install the Goods to You in accordance with the times specified. Failure to comply with such times shall not constitute a breach of these Conditions.
If You refuse to accept delivery or installation of the Goods on the dates agreed then without prejudice to any other right or remedy available to it NPS may cancel the agreement with You and recover all losses from You that it incurs as a result of such refusal.
The installation of the Goods will inevitably result in some minor damage to redecoration (interior and exterior) and for the avoidance of doubt You will be responsible for such repairs to redecoration after installation and the removal of any vulnerable garden plants prior to installation.

Risk and Title
The risk in the Goods shall pass to You:
in the case of a Goods to be collected from NPS’s premises by You, at the time when NPS notifies You that the Goods is available for collection; or
in the case of a Goods to be delivered to You, at the time when the Goods is loaded onto Your or Your carrier’s vehicle, or when delivered to Your order, whichever is the sooner, or if you wrongfully fail to take delivery of the Goods, the time when NPS has tendered delivery of the Goods.
Notwithstanding delivery and the passing of risk in the Goods or any other provision of these Conditions, the property in the Goods shall not pass to You until NPS has received in cash or cleared funds payment in full for the price of the Goods and their installation (as appropriate) together with payment of all other goods to be sold by NPS to You for which payment is then due.
Until such time as the property in the Goods passes to You, NPS shall be entitled, at any time, to require You to deliver up the Goods to NPS and, if You fail to do so forthwith, to enter upon Your premises or premises of any third party where the Goods are stored and re-possess the Goods.
Notwithstanding the foregoing, NPS may at its election and in its absolute discretion, by notice in writing transfer the property in the Goods to You.

Damage Shortage or Loss in Transit
Save in cases where NPS is responsible for the delivery of the Goods, NPS shall not be liable for any damage, shortage or loss in transit in respect of any claim consequential thereon.
In cases where NPS is responsible for delivery of the Goods, You shall notify NPS in writing of any shortage, damage or loss in transit within three days of the date of delivery of the Goods. In all cases where such notice is given, NPS’s liability shall be limited to the cost of the Goods so damaged, lost or in short supply and NPS shall not be liable for any consequential loss.

Exclusions and Limitations
No condition or warranty or other undertaking is given whether express or implied (save insofar as the same by statute cannot be excluded) by custom, common law, statute or otherwise, in relation to the quality of workmanship of the Goods or performance and/or delivery of the order, nor in relation to the suitability of any Goods supplied for a particular application whether notified by You or not, save as set out in these Conditions. Any such warranty, condition or undertaking is hereby excluded for all purposes. Except as provided elsewhere in these Conditions, NPS shall be under no liability to you and under no circumstances howsoever arising shall NPS’s liability to You exceed the cost of the Goods to which any compliant relates. In particular, NPS shall not be liable to you for any consequential loss howsoever arising.
Where the Goods are sold as a consumer transaction Your statutory rights will not be affected by these Conditions.
In no circumstances whatsoever shall NPS be liable to You for loss or damage in relation to the Goods which is caused as a direct or indirect result of the provision of goods and/or services by third parties.

Indemnity
You shall indemnify NPS in respect of all damage or injury occurring to any person or property, or any loss consequential thereon and against all actions, suits, claims, demands, charges or expenses in connection therewith for which NPS may become liable in respect of the Goods, save in the event that such damage or injury shall have been occasioned by the negligence of NPS, its employees or agents.

Guarantees
Guarantee periods vary according to products supplied by NPS and are limited to the period offered by the original supplier. Full details for the specific products being used in your contract are available on request. Labour costs are included within the guarantee period of the original component

Exclusions
NPS shall not be liable under any guarantee: if products have not been kept clean and free of debris, if products have not been maintained including lubrication of moving parts, faults have not been reported as soon as they occur, for fair wear and tear, sunlight discolouration of trims or covers, storm or snow damage, for breakage of any glass for any reason, for any remedial work undertaken without the consent of NPS.

Transferability
The guarantee holder can assign his interest to successors in title provided that: the successor is the owner-occupier of the address of the installation of the works and the period of the guarantee has not expired. Please note that an administration fee will be payable for transfer of the warranty.

Miscellaneous
These Conditions and any agreement made with You in accordance therewith shall be deemed to have been made in England and shall be governed in all respects by the laws of England and Wales and subject to the exclusive jurisdiction to the courts and tribunals of England and Wales.
NPS’ rights shall not be prejudiced by any indulgence or forbearance extended to You and no waiver by NPS of any specific breach committed by You shall operate as a waiver of any other breach.
In the event that it should be determined that any of these Conditions shall be invalid or unenforceable for any reason whatsoever, it is hereby declared and confirmed that such determination shall not affect any other provisions of these Conditions, all of which shall remain in full force and effect.
NPS reserves the right to make changes to these Conditions on giving You not less than one month’s notice in writing.
NPS may correct any typographical or other errors in these Conditions or in the Quote or other document relating to the Goods and or Works and or promotional material without incurring any liability to You provided that such error or omission is not material in the context of the relevant contract.