Terms and Conditions of Sale

1. General – These Conditions of Sale apply to all contracts for our supply and for the installation of our window films, window graphics, window blinds and associated services and products unless expressly excluded in writing signed by, or with express authority of, a Director. Any qualification of these Conditions by other sources other than those of Guardian Glazing Films Ltd., or any other conditions which are sought by others to impose, will be inapplicable unless expressly accepted in writing signed by, or with the express authority of, one of our Directors. Guardian Glazing Films Ltd. reserve the right to appoint sub contractors for certain installation of our products and these sub contractors will be controlled and audited by Guardian Glazing Films Ltd. and will not be pre-notified on each contract to the customer.
2. Advertisements – All descriptions and illustrations contained in our literature, price lists and other advertising material are intended to give an accurate description of our products and services. The material contained within this matter may change and Guardian Glazing Films Ltd. will not accept any responsibility for matters arising from such changes. Any information contained within this material shall not form part of the contract unless specifically incorporates therein.
3. Delivery – (a) Any times quoted for delivery are to date from receipt of a written order and full information enabling us to proceed uninterruptedly; and where, at your request, we agree to make any change in the specification previously agreed, the times shall be adjusted accordingly.
(b) While we shall use all reasonable endeavours to keep to the times quoted we shall not be liable for failure to do so or bear such costs as are incurred.
4. Extra Cost – Should we incur extra cost owing to the suspension of the work by your instruction or lack of instruction or to interruption, alteration, delay, mistakes or work for which we are not responsible, such extra cost including the cost incurred by working overtime or unusual hours or by keeping any of our applicators on the site after completion, shall be added to the contract price and paid for accordingly.
5. Technical – Due to the nature of window film, technical difficulties may occur with glass when film is adhered. It is the responsibility of the client to assess and consider the suitability of each product for its intended use and also that the glass to receive the film application has been installed to the appropriate British and/or European Standard. Guardian Glazing Films Ltd. cannot accept responsibility or blame for any glass related problems unless it has specified, in writing, the particular use of any one film given the glass type and conditions. We do not accept liability for damage due to thermal edge stress, to which our film could be considered a contributory factor.
6. Complaints – Any right the client may have to reject our products as not complying with the contract must be exercised within seven days of delivery or, where our quotation provides for application, within twenty eight days of completion and on the expiration of that time such right shall lapse. When products are applied by ourselves we will abide by the manufacturers recommended curing times and base such claim against this. We will abide by the Glass & Glazing guidelines for film inspection.
7. Ownership – Unless otherwise stated, in writing, by one of the Directors of Guardian Glazing Films Ltd., ownership of Guardian Glazing Films Ltd.’s products remains with Guardian Glazing Films Ltd. until all goods are paid for in full. We lay claim to re-posses any such unpaid goods as we deem necessary and this will be done at the discretion of the Directors.
8. Price and Payment – (a) The price quoted is net unless otherwise stated.
(b) Unless arrangements are made for the payment of the price, or part of it in advance, the whole of the price shall be due on the date on which we give notice to you that the works are complete. If payment is not made within thirty days of that date interest shall be payable on the price for the period beginning with the expiry of the thirty days and ending with the date of payment, interest being at the rate per annum of two percent over the Bank of England Minimum Rate for the time being.
(c) Payment shall be in Sterling or in such currency as we may direct.
(d) For sales in the UK, V.A.T will be charged extra in so far as it is not partly or wholly included already in the contract price but is due by law, whether on this sale or the services hereunder or on the purchase of any goods or services comprised in the goods, hereby sold or the services hereunder.
If the buyer is prohibited, by operation of law, from making payments in full without deduction then payment shall be increased to ensure after such deduction of or payment of such taxes, duties, fees or other charges (and after payment of any additional taxes or other charges due as a consequence of such increase) the Company receives a sum equal to the sum the Company would have received and to which it would have been entitled had no such deduction or payment been required.
9. Price Adjustment – The price is based upon the cost of material, labour, transport and of conforming to statutory obligations on the date of quotation or Purchase Order and if between that date and the completion of the work variations, either by rise or fall, occur in those costs then we reserve the right to amend the contract price to provide for these variations.
10. Guarantee – We shall make good by replacement or, at our option, repair any defect in our products, under proper use and excluding fair wear and tear, arising solely from faults in our materials or workmanship and which appear within the period of twelve calendar months beginning from the date of invoice; provided that in the case of goods not of our manufacture you are entitled only to such benefits as we may be able to recover from the manufacturers thereof.
11. Liability – (a) Our products, advice and services are sold upon such terms that neither we nor our servants shall be liable in contract tort or otherwise for any personal injury or for any loss or loss of production or damage (howsoever such loss or loss of production or damage is caused) suffered by you or any other person and arising out of or in connection with the design, manufacture, sale, delivery and installation (or failure or delay in delivery or installation), stoppage, repair or adjustment or the use thereof or services in connection therewith and you shall indemnify us and our servants against any claims on respect of any loss or loss of production or damage. For the purposes of this clause we contract on our behalf and on behalf of and as Trustees of our servants. Without limiting the generality of the foregoing, we shall not be liable for any loss of profits, increased cost of working, loss of production or any loss or damage to any material in the course of being processed by our products or services.
(b) These Conditions of Sale define the whole of our liabilities and shall exclude and be adopted in place of (1) any condition or warranty implied by statute, common law or trade usage: (2) any other condition of warranty unless it is accepted by Guardian Glazing Films Ltd. in writing signed by, or with the express authority of one of our Directors, and (3) any express or implied condition or warranty whether collateral or otherwise.
12. Law – The contract shall in all respects be construed and operate as an English contract in conformity with English law. Guardian Glazing Films Ltd. are not responsible for any laws outside the United Kingdom controlling the quality, marketing, labelling, safety and use of goods whatsoever arising from or caused directly or indirectly by the goods in our quotations.