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These are Terms and Conditions of Business by 3D Splashback and the Order set out the entire agreement between you (“the Customer”) and 3D Splashback. Please read these terms carefully. Signature of the Order Form, Construction Agreement, Advanced Payment, email/text/face-to-face agreement and/or online order, shall constitute acceptance of these Terms.
a) The Company agrees to supply (and, where applicable, install), and the Customer agrees to purchase the product(s) set out on the Order (“the Products”) and Agree to our Terms and Conditions.
b) The Company reserves the right to slightly change the Products to a similar product in the event that the original Product is unavailable. The Company shall use its reasonable endeavours to inform you of any such substitutions.
2) SITE SURVEY AND LEAD TIME
a) The Company will undertake a survey of the site at which the Customer wishes to have the Products installed (“the Site Survey”). Unless otherwise agreed in writing with the Customer, the Company’s lead-time for the delivery of the Products shall be 4 to 6 weeks from the date that the successful Site Survey is completed, the order is agreed and confirmed, and the graphic and design is accepted by the customer. This may vary during high demand business periods.
b) By agreeing for a job/project the client agrees to pay from 50% up to 100% of the estimated price prior to the production process.
c) The Consumer Contracts Regulations 2014 states “the supply of goods that are made to the consumer’s specifications or are clearly personalised;” and should be excluded from the Regulations. Consumers have the right to a full refund or exchange within 14 days from the sale date only if the product was not from a bespoke nature and is a product held in stock by 3D Splashback. Due to the bespoke nature of our Services & Products, once the Customer has placed the order it may not be cancelled if the product is custom made to your needs. In the event of cancellation, the Company will retain the Customer’s deposit. Deposit payments are due on or before the day of survey. Any cancelled order for Products that have already been manufactured by the Company must be paid for in full.
a) When all Products set out on the Order Form have been manufactured, the Company will contact the Customer and arrange a mutually convenient delivery date (“the Delivery Date”).
b) The Company will use its reasonable endeavours to deliver the Product on the Delivery Date and undertakes to notify the Customer within a reasonable time in the event that the Delivery Date cannot be met. For the avoidance of doubt, time shall not be of the essence of delivery.
c) The Company excludes any and all liability (to the extent permitted by law) for any costs or damages of any kind (including direct, indirect and consequential losses) arising out of late delivery of the Product. The Company shall not be responsible for delays or late delivery caused by circumstances beyond reasonable control.
d) The Customer must give the Company at least five (5) working days written notice before the Delivery Date in the event that the Customer wishes to delay delivery of the Product.
e) In the event that the Customer wishes to delay delivery by more than five (5) working days, the full balance of the value of the Order will become immediately payable. The Company agrees to store such delayed Products, at the Customer’s risk, for up to one (1) calendar month from the original Delivery Date. The Company reserves the right to charge storage fees at a daily rate, until such time as the Products are delivered to the Customer.
f) The delivery charge as specified in the order will be payable by the Customer: (a) if the Company is not installing the Product.
4) SITE PREPARATION and INSTALLATION
a) The Customer is solely responsible for ensuring that the site is suitably prepared for installation. In the event that damp or dry rot is detected during the Site Survey the Company recommends that the condition be treated well in advance of the agreed date for delivery and installation of the Product.
b) Electrical and telephone points, utensil racks, appliances, cabinetry and all fixtures must be fitted or marked before the Site Survey, as changes cannot be made to the Product once it is cut and toughened. Walls and worktops must be reasonably levelled as creation of gaps may occur. Company takes no responsibility for any unprepared surfaces resulting in an unsatisfactory finish. Painter’s caulk is applied to the outer perimeter of the Product for sealing and waterproofing purposes. Seals may vary depending on joinery, walls and worktops being level or plumb.
c) Any site preparation that is not adhered to as above on the day of survey or fitting, will be charged at the current day rate for that date.
d) Up to 3mm tolerances are possible on all sizes due to the nature of glass production. Protrusion tolerance of up to 1.5mm is acceptable due to uneven surface level of walls.
5) INSTALLATION BY CUSTOMER
a) If the Company is not installing the Product, silicone should be purchased from the Company and installation should be carried out using recommended products.
b) The Company shall not be responsible for any issues relating to the size or fit of the Product if (a) the Products are ordered without the benefit of a Site Survey by the Company’s qualified installers or (b) the Products are installed by unqualified installers.
6) COMPLETION OF ORDER
a) The Customer’s order will be deemed completed when all Product set out on the Order Form have been installed, or, if the Customer does not require installation, on delivery. Any Product found to be faulty after installation will be rectified under the guarantee conditions (clause 12) (“the Guarantee”). For the avoidance of doubt, faulty Product will not constitute incomplete installation.
7) TITLE and RISK
a) Notwithstanding the earlier passing of risk, title in the Product shall remain with the Company and shall not pass to the Customer until all amounts due by the Customer (including any applicable interest and costs) have been paid in full. Until title passes, the Customer shall hold the goods as bailee for the Company. The Company may at any time before title passes and without any liability to the Customer repossess and dismantle and use or sell all or any of the Product and by doing so terminate the Customers right to use, sell or otherwise deal in them, and, for that purpose (or determining what if any Product are held by the Customer on inspecting them) enter any premises of or occupied by the Customer. Unless otherwise set out in these Terms, risk passes onto the Customer once the goods are installed, delivered or collected (as the case may be).
8) PAYMENT TERMS
a) Should Company Only Supply the product a Full Payment with order is required. Once the payment is received in cleared funds proceeding of the order will commence. All glass will be charged at a minimum of 0.3 square meters. There is an extra up to 50% handling charge for each panel of 3 meters long.
b) Should Company Supply the Product and/or Service to our customer, 50% – 100% deposit of estimated quotation / pro-forma invoice price in cleared funds is required before proceeding the order. Final Invoice is based on Site Survey and may be subject to change. When all Products set out on the Order Form have been manufactured, the Company will contact the Customer and arrange the installation to finish up the project and collect the remaining balance on the day of the project/job being completed.
c) Unless otherwise agreed with the Customer in writing, payment shall be due immediately from the date the Company submits an invoice to the Customer. In the event of late payment, the Company reserves the right to:
d) Cancel the contract and issue new contract
e) Charge the Customer interest at the rate equivalent to that set for the purpose of Section 6 of the Late Payment of Commercial Debts (Interest) Act 1998:
f) Calculated (on a daily basis) from the date of our invoice until payment;
g) Compounded on the first day of each calendar month; and
h) Before and after any judgment (unless a court orders otherwise).
i) Failure to complete payment may result in loss of deposit, payment of all costs of materials and non-delivery of the Product;
j) Suspend or cancel future deliveries or outstanding work;
k) Cancel any discount offered to the Customer.
l) If the Customer has an approved business credit account the Company reserves the right to withdraw it or reduce your credit limit or bring forward your due date for payment.
m) The Customer does not have the right to set off any money they may claim from the Company against anything that the customer may owe the Company.
n) While the Customer owes money to the Company, the Company has a right to keep any property the Company may hold of the Customers until payment has been received in full (a lien).
o) If the Customer breaches any of the Customer obligation under these terms, they are to indemnify the Company in full against all direct or indirect expenses and liabilities incurred including legal costs and other related costs on a full indemnity basis.
p) The Customer should note that until the Company receives full payment the Guarantee offered by the Company to the Customer will not come into effect.
q) The Company may take any of the actions in this clause at any time without notice.
r) Upon confirmed and successful company credit check we will be able to offer you 30 days payment credit facilities. Payment terms are as follows:
If you require supply only:
· Upon confirmed order you will be issued with pro-forma invoice based on your information provided
· Upon signed off and confirmed delivery or collection you will be issued with a final invoice and you will be required to make a full payment within the next 30 days
· If you require full service – Measure, Supply and Fit:
· An estimate will be provided based on information provided
· Upon confirmed order we will arrange for site survey
· Following site survey, you will be issued with updated pro-forma invoice based on site survey report
· Prior to installation, you will be issued with a final invoice and you will be required to make a full payment within the next 30 days
a) Colour is to be chosen from the Company’s standard range, RAL chart, or 3D Splashback exclusive collection. Due to the variation in the manufacture of glass the colours as shown on the colour chart or sample cannot be guaranteed.
b) The Company will use its reasonable endeavours to match as closely as possible the finished Product with the colour chart, however the Customer is advised of limitations to match a printed colour chart with the Company’s paint.
c) Different glass types contain various iron amount, which causes a green effect that changes the final colour of the colour coat. Please refer to the coloured glass samples for a guide. The colours on small samples are slightly lighter than the finished product.
a) Please note any cost increases necessitated by the Site Survey are the sole responsibility of, and shall be payable by the Customer. Any amendments in respect of changes requested after the final measure and survey are also payable in full by the Customer. Any changes relating to changed position of sockets, taps, phone sockets, light switches or other fixtures are at the expense of the Customer. Our qualified installer can do extra work at extra charge if requested by the Customer.
11) NON-DELIVERY and DEFECTS OR DAMAGE TO PRODUCT(S)
a) Any claim for non-delivery of any Product must be notified in writing by the Customer to the Company within ten (10) days of the date of the Delivery Date. Any claim that any Product have been delivered damaged, and not of the correct quantity or do not comply with their description must be notified in writing by the Customer to the Company within seven (7) days of the Delivery Date.
b) Any alleged defect must be notified in writing by the Customer to the Company within twelve (12) months of the installation of the Product. The Company accepts no responsibility for any damage or shortages to glass on a supply only basis once we have a signed delivery note. It is the Customer’s responsibility to check panels on receipt and sign them off. Allowing a third party to take delivery is at the Customers own risk.
c) Any claim under this Clause 11 must be in writing and must contain full details of the claim including a full description of any allegedly defective Product. The Customer shall afford the Company a reasonable opportunity and facilities to investigate any claims made under this Clause 11, and the Customer shall if applicable, and if so requested in writing by the Company, properly return any Product subject to the claim and any packing materials securely packed and carriage paid to the Company for examination. The Company reserves the right to refuse any claim in respect of which the Customer has not complied with the claims procedure set out in this Clause 11.
d) If the Customer establishes that any Product have not been delivered, have been delivered damaged, are not of the correct quantity, or do not comply with their description the Company shall, at its option, replace with similar goods any Product which are missing, lost or damaged or do not comply with their description, allow the Customer credit for their invoice value or repair any damaged Product.
e) If the Customer establishes that any Product are defective the Company shall, as its option, replace with similar goods or repair any defective Product, allow the Customer credit for their invoice value or to the extent that the goods are not of the Company’s manufacture, assign to the Customer (so far as the Company is able to do so) any warranties given by the manufacturer of the goods to the Company.
f) The delivery of any repaired or replacement Product shall be at the Customer’s site or other delivery point specified for the original Product.
g) The right to a replacement Product, repair of the Product or a refund as set out in this Clause 11 shall be the Customer’s sole and exclusive remedy.
a) The Company will use its reasonable endeavours to repair or replace free of charge, any coating which is found to be delaminating or discoloured within a period of time from the Delivery Date. This Guarantee is subject to full payment for all Product, charges, fees, and reasonable written notice by the Customer of such a fault to the Company. The Customer must maintain and clean the Product(s) in a proper manner. This excludes wilful damage and normal wear and tear.
b) This guarantee only applies to (a) the Customer noted on the Order Form and is not transferable and (b) Products installed by the Company’s approved and trained installers.
c) The guarantee does not cover any defects caused by mistreatment of the glass caused by cleaning agents either chemical or abrasive. The Company will not be responsible for any claims in respect of measuring errors when the Company’s site surveyor has not taken the measurements. The Company will not be held responsible for breakages or damage caused during transit where the Company is not paying for the cost of freight. Where the Company does not supply glass, any imperfections or damage during handling are not the responsibility of the Company.
13) LIMITATION OF LIABILITY
a) Under no circumstances shall the Company have any liability of any kind for: (1) any defects resulting from wear and tear, accident, improper use by Customer or use by the Customer except in accordance with the instructions or advice of the Company; (2) any Product that have been adjusted modified or repaired except by the Company; (3) the suitability of the Product for any particular purpose or use under specific conditions whether or not the purpose or conditions were known or communicated to the Company; (4) any substitution by the Customer of any materials or components not forming part of any specification of the Product unless agreed in writing by the Company; (5) any descriptions, illustrations, specifications, figures as to performance, drawings and particulars of weights and dimensions are contained in the Company’s catalogues, price lists or elsewhere since they are merely intended to represent a general idea of the Products and are not to form part of these Terms or be treated as representations; (6) any technical information, recommendations, statements or advice furnished by Company its servants or agents not given in writing in response to a specific written request from the Customer prior to the acceptance of the Order; or (7) any variations in the quantities or dimensions of any Product or changes of their specifications or substitution of any materials or components, if the variation or substitution does not materially affect the characteristics of the subject matter, and the substituted materials or components are of a quality equal or superior to those originally specified.
b) The Company shall have no liability to the Customer for any loss or damage of any nature arising from any breach of any express or implied warranty or condition of these Terms or any negligence, breach of statutory or other duty on the part of the Company or in any other way out of or in connection with the performance or purported performance of or failure to perform under these Terms except: (1) for death or personal injury resulting from the Company’s negligence; or (2) as expressly stated in these conditions.
c) In no circumstances shall the liability of the Company to the Customer under these Terms exceed the invoice value of the Product.
14) PRODUCT CARE
a) CUSTOMERS’ RESPONSIBILITY
It is the responsibility of the Customer to follow manufacturer’s instructions and to treat the Products with due care and attention, as no responsibility can be accepted by the Company for damage caused by incorrect use or cleaning with products that contain bleach or other corrosive agents. Glass should be cleaned with glass cleaning products or disinfectant.
Care must be taken when handling Glass Cladding products such as Panels or Splashbacks before and during installation. Glass Splashbacks are made from toughened (also known as tempered) glass, which is a type of safety glass according EN 12150. Toughened glass should receive the same care as annealed (ordinary) glass. Careless handling and improper installation sometimes causes edge damage, and delayed breakage can occur when edge-damaged tempered glass is subjected to mechanical stress, as in installation. Further, if cut, knocked or dropped, this material will produce instantaneous total fragmentation. DO NOT under any circumstances attempt to cut or drill a Splashback as it will shatter.
All Glass panels including Splashbacks must be installed a minimum of 3cm (11/8”) from any heat source. This will include any hot water pipework concealed within walls and any radiant heat sources such as hobs, heated towel rails or radiators. We do not recommend glass panels around fire surrounds.
a) These Terms shall be governed by laws of Republic of Ireland and Northern Ireland, and the parties hereby submit to the exclusive jurisdiction of the Irish courts.
b) The parties agree that these Terms and the Order Form constitute the entire agreement and understanding between the parties. These Terms and the Order Form supersede all understandings, representations and agreements made between the parties. However, neither party seeks to exclude or limit liability for any fraudulent misrepresentations.
c) The waiving (which must be in writing and signed by an authorised representative of the relevant party) on a particular occasion by either party of rights under these Terms does not imply that other rights will be waived. If a party has a right arising from the other party’s failure to comply with an obligation under these Terms and delays in exercising or does not exercise that right, such delay in exercising or failure to exercise is not a waiver of that right or any other right.
d) Each clause of these Terms is a separate term and is intended to stand alone. Should any provision of these Terms be held to be invalid or unenforceable, such provision shall be severed from the remainder of these Terms which will continue to be valid and enforceable to the fullest extent permitted by law.
a) Glass splashbacks are made using 6mm, low iron, toughened glass. The glass is highly durable and impact resistant on flat surfaces. Our glass is produced in accordance with BS EN 12150.
· 2 years guarantee direct with glass supplier against manufacturing defect of the glass material
· Up to 5 years guarantee against discolouration of the paint direct with the paint supplier
· up to 10 years guarantee against discolouration of printed graphics when installed inside
c) Cleaning Advice:
· Our glass splashbacks can be treated with ordinary mirror or window cleaning products
· We advice that you do not clean the glass with abrasive materials
· The glass should be cleaned on a regular basis
· Avoid using abrasive pastes or polishing materials
· The glass will not be harmed by descaling chemicals
2. If there is any damage caused to the silicon seals, this should be repaired as soon as possible. Exposed edges must be treated with care.
17) TOUGHENED MIRRORS
a) All manufacturing processes are the same as glass splashbacks, however, our new spraying technology allows us to mirror toughened glass and allows them to be used in areas subject to heat such as behind cooktops.
b) Due to the material nature and toughening process of mild distortions, reduced clarity compared to standard silver non-toughened mirrors of up to 10% is acceptable as well as hairline scratches up to 25cm in length may occur.
c) Obtrusiveness of blemishes shall be judged by looking through the glass, not at it, when standing at right angles to it on the room side at a distance of not less than 3 metres in natural daylight and not in direct sunlight. The area to be viewed is the normal vision area with the exception of a 50mm wide band around the perimeter of the glass.
d) Industry Standards: Surface faults e.g. scars, scratches or spots Toughened safety glass shall be deemed acceptable if the following phenomena are neither obtrusive nor bunched, hairlines, clusters or blobs, fine scratches not more than 25mm long, imbedded particles.
18) OTHER CIRCUMSTANCES
a) If anything, that is not listed in these Terms and Conditions occurs during the order/installation/guarantee process, it falls under the civil code/law, economic law and will be decided by under the courts.