Terms & Conditions of sale between client stated above and Klosen UK Ltd – Supply & Install

1.0 No order will be binding on Klosen unless and until accepted by Klosen and all agreements will remain subject to Klosen obtaining a satisfactory surveyor’s report. We reserve the right to
cancel the agreement without obligation to you and at no cost to you in the event that a surveyor’s report indicates that the proposed arrangements are not possible for any reason or that changes are required to the agreement and Klosen is unable to agree those changes with you. Any changes or additions to the order must be agreed in writing by Klosen.

2.0 All dates and times quoted for delivery are approximate only. While Klosen will endeavour to adhere to customer requirements, occasionally delays can occur due to reasons beyond Klosen control. No compensation what so ever will be payable by Klosen for any delays, however caused.

3.0 Subject to Klosen accepting your order, only the goods as specified on the order will be delivered and it is your responsibility to check that you are happy with the details on the order form before you sign the agreement.

4.0 As part of its continual development policy, Klosen reserves the right at any time to make changes to the specification of the goods which are necessary to comply with any applicable safety, or other statutory requirements, or which do not materially affect the nature or quality of the goods or services.

5.0 It is your responsibility to obtain all necessary planning and other similar approvals for the installation of the goods shown in the order and Klosen gives no assurance or warranty that the installation of the goods complies with any planning consent or restrictions or other similar requirements affecting the installation premises. Klosen can arrange this for you upon payment of a separate fee.

6.0 You have a seven (7) day period after signing this contract in which to cancel it without penalty, this cancellation must be
in writing. This cancellation period only applies to contracts signed as a result of an unsolicited call or visit to your home.

7.0 This is a non-cancellable contract post your statutory seven (7) day ‘cooling off’ period. Klosen reserves the right to levy a reasonable change (including for loss of profit and the cost of all labour and materials used) to cover any loss or damages incurred by Klosen if you insist on a cancellation of the contract.

8.0 Full payment for goods and services will be due and must be made by you without any set-off or deduction upon completion of the installation. If interim payments are not made Klosen witholds the right to suspend or cancel installation works.

9.0 Klosen reserves the right, without limiting any other right that it may have, to charge interest at the rate of 3% above the base rate of RBS PLC varied from time to time on all balances outstanding from the date due until payment in full, whether before or after any judgement.

10.0 Klosen do not carry out building or plumbing works. It is the client’s responsibility to arrange for radiators, pipes to be removed from the working / fitting area pre-installation.

11.0 It is the nature of the goods and the manufacturing process that very minor imperfections of an insignificant nature will occasionally occur and such imperfections will not necessarily render the good not of satisfactory quality.

12.0 Klosen will make all reasonable effort not to damage tiling, wallpaper, plaster work, specialist finishes and other finishes at the installation premises during the removal and installations of goods. However, despite every care being taken such damage can sometimes occur Klosen endeavours to make good any such damage to a condition suitable for redecorating.

13.0 It is your responsibility to ensure that all obstructions to the works area such as nets, curtains, secondary glazing, and all other items are removed from the work area. If this is likely to cause you any difficulties then please contact Klosen so that suitable arrangements can be agreed. While Klosen will take all reasonable care to avoid damage to such items, Klosen cannot accept liability for any loss or damage caused during the removal and installation of goods to items that are not removed.

14.0 Klosen gives no guarantee or warranty that the goods and installation under the order will eliminate condensation.

16.0 You must take all reasonable steps to ensure the security and condition of all goods delivered to the installation premises from the time of delivery, whether or not they have been paid for in full, and you will be required to pay for any delivered goods lost or damaged because of your failure to do so, and through no fault of Klosen.

17.0 If you move and the new owner of the property wishes to have the benefits of any guarantee that we have given you, this is possible at Klosen discretion upon the payment of a reasonable fee.

18.0 Klosen will not be liable to you or be deemed to be in breach of the contract by reason of any delay in installation or delivery, if the delay or failure was due to any cause beyond Klosen reasonable control, including for example strike, lock-out, storm, riot, war, terrorism or ‘Act of God’.

19.0 It is your responsibility to ensure that Klosen workers and agents have access at all reasonable times to the installation premises so that they may carry out the work in accordance with the order.

20.0 Klosen reserve the right to make a charge of £350.00 if an installation cannot be carried out through delay, obstruction or an unsafe working environment which is no fault of Klosen once they have arrived on site to carry out said installation.

21.0 Any failure or delay by Klosen in exercising any rights under this contract will not prevent Klosen from exercising those or any other rights in the future.

22.0 If any provision of these terms is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these terms and the remainder of the provision in question will not be affected.

23.0 English laws will apply to the contract, and the parties agree to submit to the non-exclusive jurisdiction of the English courts.

24.0 The terms of this agreement, unless otherwise stated shall be determined by the appropriate provisions of the Sales of Goods Act 1893, Supply of Goods (Implied Terms) 1973 and such other legal legislation as from time to time be in force, including the rights of the Customer under such legislation.

25.0 Title to goods shall remain vested in Klosen and shall not pass to the Customer until the purchase
price for the goods has been paid in full and received by the company. Until title of the goods passes:
(i) The company shall have authority to retake, sell or otherwise deal with and/or dispose of all or any part of the goods;
(ii) The company and its agents and employees shall be entitled at any time and without the need to give notice enter upon any property upon which the Goods or any part are stored or installed,
or upon which Klosen Glazing Systems reasonably believes them to be kept;
(iii) The Customer shall maintain the Goods in a manner reasonably satisfactory to Klosen Glazing Systems.

26.0 Klosen reserves the right to refuse service to anyone who threatens or verbally abuses any member of staff.

27.0 If the payment schedule set out in this contract is not met then Klosen witholds the right to suspend or not carry out any works.

28.0 If payments are not made on time or in line with the payment schedule set out in this contract then Klosen witholds the right to request full outstanding payment before works will be continued.

Klosen UK Ltd – Registered in England and Wales. Company Number 10481778. VAT number – 338052608
Registered address: Unit 4 The Stirling Centre, Stirling Way, Northfields Ind. Estate, Market Deeping, Lincolnshire, England, PE6 8EQ