PRESTIGLASS Terms & Conditions for the Supply of Goods and Services to Consumers.
The customer’s attention is drawn in particular to the provisions of clause 8.
**FULL PAYMENT FOR SPECIAL ORDERS UNDER €200 AND AT LEAST 50% DEPOSIT FOR ANY OTHER REQUIRED
We reserve the right to refuse service to anyone for any reason at any time. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The definitions in this clause apply in the terms and conditions set out in this document: Goods: the products that we are selling to you as set out in the Order. Installation Services: the installation services as detailed overleaf which you agree to purchase from us. Order: your order for the Goods and/or Installation Services as set out overleaf. Order Confirmation: shall have the meaning set out in clause 2.4. Price: is as defined in clause 9.1 of these Terms. Terms: the terms and conditions set out in this document and any special or additional terms and conditions agreed in writing by the company and recorded overleaf. We, us or our: Prestiglass (Co No. 540138) whose registered address is Unit 3B,Behy Business Park,Ballina,Co.Mayo,F26X63X. Writing or written includes e-mail.
1.2 Headings do not affect the interpretation of these terms.
OUR CONTRACT WITH YOU
2.1 (a) These are the terms and conditions on which we supply the Goods and or Installation Services to you; (b) Please ensure that you read these Terms carefully, and check that the details on the Order are complete and accurate before you sign the Order. If you think that there is a mistake, please contact us to discuss, and please make sure that you ask us to confirm any changes in writing to avoid any confusion between you and us. (c) We consider that these Terms and the Order constitute the whole agreement between you and us.
2.2 Any samples, drawings, or advertising we issue, and any illustrations contained in our catalogues or brochures, are produced solely to provide you with an approximate idea of the Goods they describe. The units specified on the Order will be manufactured according to the published specification, but pursuant to our policy of continuous improvements to our products, we must reserve the right to modify such specifications from time to time.
2.3 By making an order, paying deposit (part or fully payment) or by signing the order form, you are accepting our terms & conditions.
2.4 We aim to complete the requested order within the time-frame (up to 8 weeks)provided that we have received all the material essential to complete order. We will not be liable or responsible if the time-frame extends due to the events beyond our control.
2.5 We may need to make changes to the specification of the Goods if required to conform to any applicable safety or other statutory requirements.
2.6 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.
2.7 These Terms shall become binding on you and us when we issue you with written acceptance of an Order at which point a contract shall come into existence between us.
2.8 We have the right to revise and amend these Terms from time to time. You will be subject to the policies and terms in force at the time that you order the Goods from us, unless any change to those policies or these Terms is required by law or government or regulatory authority (in which case, it will apply to orders you have previously placed that we have not yet fulfilled).
2.9 We are not to be hold responsible for the performed tasks contrary to the building regulations by third parties such as: Builders, Electricians,Plumbers, Gas etc.
3.1 We warrant that on delivery the Goods shall: (a) conform in all material respects with their description; (b) be of satisfactory quality; (c) be free from material defects in design, material and workmanship (please note that we cannot accept liability for imperfections of a minor or insignificant nature; (d) comply with all applicable statutory and regulatory requirements.
3.2 TOLERANCE:For straight glass, the acceptable tolerance is up to 6 mm (¼ in).
In the case of toughened glass which cannot be re-cut, the acceptable tolerance increases to 12 mm (½ in).
If there are shapes where the radius must be kept, or unevenness resulting from the lack of: vertical, level, angles on cabinets, countertops, walls, floors, ceilings, appliances, the acceptable tolerance is 12 mm (½ in), which can be increased if agreed.
3.3 This warranty does not apply to any defect in the Goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, if you use the Goods in a way that we do not recommend, your failure to follow our instructions or any alteration or repair you carry out without our prior written approval.
3.4 We will take reasonable steps to protect the Goods properly and to ensure that you receive your order in good condition.
3.5 Until we receive payment in full for the goods & services provided by us, we have the right to remove goods at any stage and seek legal action.
3.6 Please note that if you fail to provide us with necessary materials required to complete the order I.e graphics/pictures/colours or decision, we reserve the right to recycle the order (glass/mirror etc.) Unless it was agreed otherwise between the parties for example to stock the order by paying required fee of for free. We will await for necessary materials up to 90 days the maximum.
3.7 All risk in and damage to the Goods purchased shall pass to the Customer upon delivery or installation.
DEFECTIVE GOODS AND RETURNS
4.1 In the unlikely event that the Goods do not conform to these Terms, please let us know as soon as possible after delivery. We will check whether the Goods are faulty and if so we will at our option: (a) provide you with a full or partial refund; or (b) replace the Goods; or (c) repair the Goods.
4.2 If any due payment is outstanding we may refuse to carry out remedial works (including any guarantee provisions) where reasonable.
4.3 Visual defects in glass such as scratches or marks which are not reported within 48 hours of deliver or installation,will be rejected.
5.1 Delivery and/or installation dates suggested and marked overleaf are estimates only and subject to our written/ verbal confirmation. Whilst we will use reasonable endeavours to effect delivery and complete installation by estimated dates, you shall not be entitled to terminate this contract by reason only of our failure to effect delivery or complete installation by the estimated dates.
5.2 We will endeavour to meet the estimated time-frame for delivery and installation. In the event of delays in completing works, you will be kept informed. If there are any special circumstances which make the estimated completion date particularly important, these should be notified to us in writing prior to you placing the Order.
5.3 Delivery shall be at the Customer’s premises stated on the purchase order, unless otherwise agreed.
6.1 We will carry out only the Installation Services shown overleaf.
6.2 You will permit us (and our agents, employees and contractors) access to the installation site at all reasonable times so that we can complete the installation.
6.3 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 works and which become evident as the Installation Services progress.
6.4 We cannot accept liability for imperfections of a minor or insignificant nature.
6.5 We will rectify any damage to plastering caused during installation to the areas close (in our reasonable opinion) to the items being replaced, but we cannot undertake to match exact finishes such as external rendering.
6.6 It is your responsibility to remove and replace any objects that are in the way during installation of the glass splash-back. We will not be required to remove any existing materials so that they may be capable of re-use.
6.7 It is your responsibility alone to remove,turn off or disconnect all wiring,cabling,piping,ducting and similar so as to facilitate the safe installation of the goods and also it is your responsibility to provide a clean safe and unobstructed place of work and environment in which our staff can safely work; and it is also your responsibility alone to carry out such reconnections as may be required following installation of the goods; you alone shall be responsible for any loss,damage or personal injury suffered or sustained by any person (including any member of our staff) arising out of or in connection with any breach of the foregoing and by placing your order with us you agree to indemnify us against all claims arising directly or indirectly from any breach by you of you foregoing responsibilities.
7.1 Unless otherwise agreed 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 chargeable to you.
7.2 Any additional work found to be necessary subsequent to this contract being entered into in order to obtain or comply with any statutory or other approval or consent will (if undertaken by us) be charged to you in full.
TITLE AND RISK
Ownership of the Goods will only pass to you when we receive payment in full of all sums due for the Goods, including delivery charges.
PRICE AND PAYMENT
9.1 The Price shall be the sum set out overleaf and shall be paid as follows: (a) Supply and fit: (i) a deposit of 50% of the Price payable on the acceptance of the Order; (ii) a further 50% of the Price payable on completion of the installation. (b) Supply: (i) a deposit of 50% of the Price payable as in (a) (i) above; (ii) the final 50% of the Price upon receipt of Goods.
9.2 These prices include 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.
9.3 Without limiting any other remedies or rights that we may have, if you do not pay us on time, we may cancel or suspend any other outstanding Order until you have paid the outstanding amounts.
9.4 Deposit is non-refundable
OUR LIABILITY TO YOU
10.1 Subject to clause below, if we fail to comply with these Terms, we are only 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.
10.2 Our total liability to you in respect of all losses arising under or in connection with the contract shall not exceed the total amount paid by you under the contract.
To cancel the contract you must inform us in writing in accordance with clause 14.
EVENTS OUTSIDE OUR CONTROL
12.1 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 (a “Force Majeure Event”).
12.2 A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following: (a) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; (b) fire, explosion, inclement weather, storm, flood, earthquake, subsidence, 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 telecommunications networks; (e) the acts, decrees, legislation, regulations or restrictions of any government. (f) pandemic or epidemic.
12.3 Our obligations under these Terms are suspended for the period that the Force Majeure Event 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 the Force Majeure Event to a close or to find a solution by which our obligations under these Terms can be performed despite the Force Majeure Event.
TRANSFER OF RIGHTS AND OBLIGATIONS
13.1 We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or our obligations under these Terms.
13.2 You may not transfer your rights and obligations under these Terms to any other person.
NOTICES AND COMMUNICATIONS
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 e-mail to email@example.com, by hand, or by post to Prestiglass,Unit 3B Behy Business Park,Ballina,Co.Mayo,F26X63X. We will confirm receipt of this by contacting you in writing. If we have to contact you or give you notice in writing, we will do so by e-mail, by hand, or by post to the address you provide to us in the Order.
It is strictly forbidden to leave any public negative review/feedback/opinion without independent engineer/professional report/opinion. Legal action will be taken.
15.1 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.
15.2 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.
15.3 These Terms shall be governed by Irish law and we both agree to the exclusive jurisdiction of the Irish courts.
INFRINGEMENT OF PERSONAL RIGHTS
Any suggestions regarding a product or service should first be addressed to the head office address of the company:
BEHY BUSINESS PARK
Expression of negative opinions,suggestions or emotion in public by persons related to the order, third parties or the action of unhealthy competition, unsupported expertise of an independent engineer or expert in a given field, exposing the company to loss of trust and credibility, insults, defamation, or libel will be considered in court proceedings with the consequence of enforcing compensation according to applicable regulations and rates.
For the purpose of marketing,archiving and future training, the Company reserves the right to photograph,reproduce and advertise examples of its products and work whether taken at the Company’s headquarters or in private premises or in the customers premises or in public places and to publish them for marketing and training purposes on the Company’s website or any other website or in any pamphlets,handouts,brochures,newspapers or other print media or television or audio visual media.
All materials prepared by employees of the company, as well as those delivered to the company by the client, such as: Technical drawings made by hand or in the program, oral and written instructions, photos, video, voice recordings, all suggestions are or become the property of the company and can be used free of charge unless reserved in writing or by electronic means.
Terms and conditions
18. DATA PROTECTION
Your personal details will not be passed on or sold to any other company in accordance with the Data Protection Act. We may from time to time contact existing customers to inform they of a new offer or service, if you do not wish to receive these emails you may opt-out at any time.
The content of the pages of this website is for your general information and use only. It is subject to change without notice.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence. From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
Your use of this website and any dispute arising out of such use of the website is subject to the laws of the Republic Of Ireland.
All prices on issued by Prestiglass include VAT payable but delivery charges may vary. Although we endeavour to ensure that all pricing information provided by Prestiglass is accurate, occasionally an error may occur and goods may be mispriced. If we discover a pricing error we will, at our discretion, either contact you and ask you whether you wish to continue with the order at the correct price or notify you that we have cancelled your order. We will not be obliged to supply goods at the incorrect price. We reserve the right to adjust prices, offers, goods and specifications of goods at our discretion at any time before (but not after) we accept your order.
Quotations are valid for 90 Days. Quotations are a guide and extra costs may be incurred should overruns occur which are outside of our control. Extra charges for overruns shall be applied at the man-hour rate.
Your order is accepted by us once Deposit/PO has been received. Your order may not be changed after payment is received as the manufacturing process will then begin.
22. VISUAL QUALITY
1. The transparent glass used in the manufacture of insulating glass units is identical to that used traditionally for single glass and will, therefore, have a similar level of quality.
2. Both panes of the sealed unit shall be viewed at right angles to the glass from the room side standing at a distance of not less than 2 metres (but for toughened, laminated or coated glasses not less than 3 metres) in natural daylight and not in direct sunlight, with no visible moisture on the surface of the glass. The area to be viewed is the normal vision area with the exception of a 50mm wide band around the perimeter of the unit.
3.Flat transparent glass, including laminated or toughened glass, shall be deemed acceptable if the following phenomena are neither obtrusive nor bunched: totally enclosed seeds, bubbles or blisters; hairlines or blobs; fine scratches not more than 25 mm long; minute embedded particles. Obtrusiveness of blemishes shall be judged by looking through the glass, not at it, under lighting conditions as described in 2.
4.When the thermally toughened glass is viewed by reflection, the effect of the toughening process may be seen under certain lighting conditions. The visibility of surface colouration or patterns does not indicate deterioration in the physical performance of the toughened glass. Because of the nature of the toughening process, distortion will be accentuated when the glass is viewed in reflection or incorporated in insulating glass units.
5.Visible double reflection can occur under certain lighting aspect conditions, especially when viewed from an angle. This is an optical phenomenon arising from multiple surface reflections in sealed units.
6.The manufacture of flat laminated glass does not usually affect the visual quality of the glass incorporated in insulating glass units. However, the faults generally accepted in Paragraph 3 may be increased in number if several glasses and interlayers are used in the production of laminated glass. When viewed under certain light conditions, insulating glass units incorporating clear or tinted flat laminated glass may show a distortion effect caused by reflection on the multiple surface of the components of the laminated glass.
The appearance of the optical phenomenon known as Brewster’s Fringes is not a defect of the glass and can occur with any glass of high optical and surface quality. This phenomenon is a result of the high quality now being achieved worldwide by modern methods of glass manufacture.
Brewster’s Fringes occur if wavelengths of light meet up with each other when they are exactly 180? out of phase – an example of the phenomenon known to physicists as the interference of light. The effect is similar to, although usually much smaller than, the interference fringes which can sometimes be seen on toughened glass windscreens.
Brewster’s Fringes occurs when the surfaces of the glass are flat and the two panes of glass are parallel to each other, i.e. when the light transmission properties of the installation are of a very high order. This phenomenon is not a defect of the product being dependant on the laws of physics and not on the quality of the insulating glass. In fact, it arises because modern glass made by the float process is flat, therefore, free of the distortion inherent sheet glass.
The occurrence of Brewster’s Fringes is in its nature rather like (though very much more rare than) the fact that under certain conditions, the observer will see a reflection of himself in any window or door – and no-one could claim that this was a defect of the glass.
8. NOTE: PATTERNED GLASS
The above criteria do not apply to patterned glass as, due to the method of manufacture, imperfections such as seeds and bubbles are deemed to be acceptable.
9. TOUGHENED GLASS
You should be aware that with all toughened glass products, there is a 2mm tolerance. This is due to the toughening process itself where the glass is taken to the melting point before being rapidly cooled meaning the size can change a little. If you have carefully followed our measuring instructions this should not be an issue but should your glass not fit due to this reason we cannot be held accountable.
23. COLOURED & PRINTED SPLASHBACKS
Please note that we are not to be hold responsible for the way colours are displaying on an individual’s computer/device screen.
All our coloured glass splashbacks are made by back painting coloured glass so our colours are made in batches. If you intend to place a repeat order you should be aware that there may be a colour difference, for this reason, we cannot guarantee that the colour will be the same. In these circumstances, you should inform us before you order that you wish to match a previous order and we can try to work with you to do that. Please note that the colours displayed on our website are only to be used as a guide. We only use RAL Colour Chart so should you wish to be sure of the colour of the glass you will receive it is strongly advisable to order a sample as we cannot guarantee that our paint will match other paint manufacturers or that we can reproduce a colour to a higher than 97% level of accuracy.
Visuals/projects of the chosen graphic/picture/effect/design will be issued if requested for confirmation. After acceptance, nothing can no longer be changed.
24. SPLASHBACK VISUAL TOLERANCES & ACCEPTANCES
Process Surface Imperfection
Place glass panel in a vertical position and stand at a distance of approximately 3 metres away.
Look at the sample from a distance of no less than 3 metres in a natural light environment without direct sunlight to assess for imperfections. Glass must be viewed straight on looking directly to face. The line of vision shall be vertical to the wall.
Imperfections should not be visible from a distance of 3 metres.
All glass with a high light content displayed upon it will likely show flaws. Glass being assessed in this manner is not acceptable to the standards as a claim for fault.
25. SCRATCHES,SCARS & RUBS
Inspect the glass which is to be in a vertical position using natural light without direct sunlight or with a background light to observe any imperfections. Imperfections shall not be visible from a distance of 3 metres.
26. PROVIDING YOUR OWN TEMPLATES
Should you wish to send us your own wooden templates please do so to the address found on our about us page. We will make your glass to the exact size and shape of your templates to an accuracy of 2mm. Please note that should you choose to send us your own templates you do so at your own risk, we will not be held liable for loss or damage of your templates in the factory or be held liable for any associated costs you may have incurred in getting your templates manufactured.
27. FINISHES,COLOUR ADDITIVES & NAMED COLOURS
From time to time glass patterns and tints can change due to the changing manufacturing process. Some glass types can be discontinued and no longer available, in this case, we will try to get the closest match possible. We reserve the right to make changes to any finishes that may affect the product you receive without notice. If you have ordered a sample and you would like to make sure the sample you received will be the same finish as the end product you must inform us in case any such changes may mean we need to inform you or indeed manufacture your glass to suit it.
28. DISTANCE SELLING REGULATIONS
By Paying Your Deposit/ or Sending PO you are accepting Prestiglass terms & conditions.
You are entitled to a minimum 14 days cooling off period commencing on the date you place your order with us on our website ; however you will have agreed to waive this right if you require your order to be fulfilled and the goods delivered within that 14 day period where the order is manufactured to your customised specification
Delivery prices quoted are for the Republic of Ireland and are an estimate only.
The total cost of your order including delivery will be detailed in your invoice. Online Payment may be made using our secure online payment service.
30. RETURNS AND REFUNDS POLICY
Please check for any visible signs of damage to the packaging of your order before signing for the delivery. Any items damaged in transit should be noted at the time of delivery, and if possible delivery should be refused and returned to us. If your Glass arrives defective this should also be noted at the time of delivery and returned via the courier. If the Glass does not fit we cannot issue you a refund if the measurements match the measurements on your order, so please check your order prior to completing payment. Please ensure that you have thoroughly checked your order before signing for it. Once signed for any claims made by you will be validated at our discretion and should be raised with 24 hours of receipt. Where you have asked us to leave your order in a safe place at your premises or with a friend or neighbour you do so at your own risk. We recommend that you have the friend or neighbour check your order on your behalf. Where possible, we reserve the right to repair any defects rather than remaking that particular piece of glass or issuing any form of compensation. If the glass is fitted we are unable to consider any claims of damage. For the supply of goods made to the consumer’s own specification such as custom made Glass & In accordance with the distance selling regulations, orders may not be cancelled once product has been manufactured to your specifications. No refunds can be given for Custom made Products.
31. THIS GUARANTEE DOES NOT COVER
1. Any damage accidental or deliberate occurring on-site after installation and specifically excludes damage caused by cleaning practices or application of any chemicals or abrasive substances.
2. Any damage caused by other operations in the build process and specifically excludes damage by cement, mortar, render or any cleaning operation to remove these substances.
3. Failure of hinges due to the build-up of cement, mortar, sand, grit or any other building debris in the moving parts.
4. Failure of moving parts due to lack of lubrication.
5. Corrosion or discolouration of ironmongery caused by cleaning agents, chemicals or dirty water from cleaning operations.
6. Faults on products which have not been maintained according to maintenance guidelines. The end-user of this guarantee is responsible for the cleaning and maintenance of these products.
7. Visual defects in glass, such as scratches or marks which are not reported within 48 hours of installation. Such defects must be assessed according to the GGF Visual Quality Standards.
8. Any visual defects in the product that are not reported within three days of installation in writing.
9. Redecoration of items or components which have been replaced or their surroundings.
10.Any product which has not been paid for in full.
11.We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
32. ACCOUNT HOLDERS
Accounts not paid within 30 days are subject to late payment fees in accordance with Commercial Transaction Regulations 2001 (SI 388 OF 2002) Disclaimer: Title of Goods does not pass until payment is received in full. Shortages, Damaged or Receipt of Incorrect Goods must be reported immediately.
33. PRINCIPAL PARTY
By signing this Order Form you warrant to us that you are acting as the principal party who is fully liable to us for all of our charges.
34. PERMISSION TO ENTER PROPERTY
By signing this Order Form you are giving us and also stating that you are entitled to give us full permission to enter the property in which we are to deliver and/ or install and/or remove the goods and to do so as often as is required. In the case of us removing goods which have been fitted at your premises, you are giving us full permission to carry out such work as is required to remove and carry away the goods notwithstanding that your property may be left defaced by such removal.
35. APPLICABLE LAW
Irish Law shall apply to these Terms and Conditions.