Terms of Business

Terms of Business

TERMS AND CONDITIONS OF THIS AGREEMENT FOR FRAMELESS GLASS CURTAINS LIMITED

Definitions

In these Terms and Conditions (the “Terms”), the following words shall have the following meanings:

Additional Works: any work outside of the original signed contract that has not been costed for i.e. custom made cill, cladding, trims, door pins.

Anticipated Lead Time: the time anticipated by the Company between:

1) the date of the latest of (i) the Contract (ii) the sign off of drawings (iii) the payment of the Deposit and (iv) receipt of proof of all necessary third party approvals; and
2) the date when the Company is ready to install and / or deliver the Products, as the case may be.

Bankers’ Automated Clearing System (BACS): an electronic system to make payments directly from one bank account to another throughout the UK.

Company: Frameless Glass Curtains Limited (“FGC”) of Unit 6, Ballard Business Park, Cuxton Road, Strood, Kent, ME2 2NY (from time to time trading as Frameless Glass Curtains Bespoke Aluminium).

Contract: the contract between the Company and the Purchaser for the supply of Products and Services as constituted by these Terms, the Quotation, and any other specific terms which the Company shall incorporate by notice to the Purchaser within the Quotation or otherwise before the Contract Date.

Contract Date: the date when a Contract is entered into between the Company and the Purchaser pursuant to clause 2.5.

Contract Total: total cost of the Contract to the Purchaser.

Installation: the physical installation or supply of Products and any Works as outlined within the Contract.

Maintenance: remedials and works carried out under the terms of the Guarantee.

Manufacturer: the Company or third parties.

Operating & Maintenance Instructions: instructions which are supplied for all products upon Installation and emailed to the Purchaser with their final payment.

Guarantee: the Company’s assurance in writing to the Purchaser regarding the Product or Services’ quality, subject to the terms thereof and to the provisions of clause 5.

Products: Frameless Glass Curtains (Single, Double or Triple Glazed), Slimline, removeable corner post system (RCP), FGC Porches, Balustrade (framed or frameless), Fixed Panels, along with such other products as the Company may from time to time offer for sale.

Purchaser: any person, firm or company to whom the Company supplies Product(s) and/or Services (including any Survey) whether directly or indirectly and also referred to herein as ‘you’ and ‘your’.

Quotation: the information that the Company will submit to a potential Purchaser that lists the proposed prices for the Company’s supply of Products and Services which is subject to VAT and Survey taking place where applicable, pursuant to clause 2.4. For the avoidance of doubt, this shall exclude any ‘Free Estimate’ or equivalent provided by the Company via its online platforms or otherwise, which the Company provides potential Purchasers for indication purposes only and not by way of offer.

Services: services that the Company provide.

Site: means the particular address or building(s) or specific location(s) within a building or buildings to which Products and/or Services are supplied and / or installed by the Company to the Purchaser.

Supply-Only Contracts: contracts in which sizes are provided off-plan by the Purchaser, and the Company will not take responsibility for any size discrepancy and will not undertake any aspect of installation.

Survey: attendance at the Site in order to confirm with the client their product requirements and so as to allow the Company to take measurements and record the dimensions of the aperture for manufacturing purposes. The Survey does not include any structural works whatsoever.

Survey Charge: the applicable fee (dependent on area) that is payable in advance and then deducted from the final quote if the Purchaser proceeds.

The Glass and Glazing Federation (“GGF”): a federation representing companies that manufacture, supply or install glass and glazing products in the UK and internationally. Being the industry authority, the GGF promotes best practice and helps shape the highest technical and health & safety standards.

Works: works included in the Contract.

1. General

1.1 These Terms apply to the Survey and to the Contract.
1.2 There shall be no variation to the Contract unless confirmed by the Company in writing.

2. Survey

2.1 The Purchaser agrees to permit access to the Site for the Company’s directors, employees, workers, agents, consultants and/or any other representative of the Company at all reasonable times in order to take undertake the Survey, and for the purpose of and duration of the Works.

2.2 The Survey will take place at a time mutually agreed by the Purchaser and the Company. This is purely to confirm with the Purchaser their product requirements and so as to allow the Company to take measurements and record the dimensions of the aperture for manufacturing purposes.

2.3 A Survey Charge will be payable in advance of £315.00 - £500.00 plus VAT (depending on geographical location).

2.4 The Company (following the Survey, if applicable, and subject to clause 2.7) shall provide the Purchaser with its Quotation including (without limitation):
2.4.1 The Products and Services proposed to be supplied;
2.4.2 The Contract Total (including the Survey Charge);
2.4.3 (Subject to clauses 3.1 and 3.2) the Anticipated Lead Time.

2.5 Quotations (including any revised Quotation following discussion and agreement between the Company and the Purchaser) shall be valid for 3 months. The Purchaser may, within that time, confirm in writing to the Company that they wish to proceed to Contract in accordance with the Quotation. Upon the Company’s acceptance of such confirmation, the parties shall have entered into the Contract.

2.6 If the Purchaser shall decline to enter into a Contract with the Company in accordance with the Quotation, the Survey Charge shall not be refunded.

2.7 The Company may in its discretion decline to provide a Quotation. The Survey Charge shall only be refunded to the Purchaser in the event that the Company so declines.

3. Timescales

3.1 The Anticipated Lead Time, and any other delivery and Installation dates, are given as an indication only, and whilst the Company undertakes to use its best endeavours to comply with such date, time shall not be of the essence of the Contract.

3.2 The Anticipated Lead Time shall be as stated in the Quotation, if at all, or otherwise 8 weeks. The Anticipated Lead Time depends (amongst other things) on the work schedule at the time of the order being placed and upon the availability of materials.

3.3 The Anticipated Lead Time for Supply-Only Contracts is dependent on the product ordered and Manufacturer lead times.

3.4 Following (a) the Purchaser’s payment of the Deposit in accordance with clause 9 and (b) (so far as applicable) receipt by the Company from the Purchaser of proof of all necessary third party approvals (in such form as the Company may reasonably require, and the same being the Purchaser’s sole responsibility to procure), the Company shall procure or manufacture such Products as the Contract includes and, once available, notify the Purchaser that it is ready to arrange delivery or Installation (as the case may be), subject to the agreement of a date or dates for Installation or delivery.

3.5 In the event that:
3.5.1 After 9 weeks following the Contract Date the Purchaser has failed to (a) pay the Deposit and (b) (so far as applicable) provide proof to the Company of all necessary third party approvals; or
3.5.2 The Purchaser has not agreed to admit the Company access to the Site for the purpose of Installation within any of the dates suggested by the Company within 9 weeks of the notice referred to at clause 3.4,
90% of the Contract Total, less any Deposit and any Survey Charge already paid, is immediately payable and Installation or delivery will follow as soon as agreed. If the postponement of Installation exceeds 12 weeks, storage charges will be applied at £50 per week plus VAT.

3.6 In the event that the Anticipated Lead Time is exceeded before the Company has provided a notice to the Purchaser under clause 3.4, the Purchaser may write to the Company by recorded delivery, requiring Installation or delivery (as the case may be) within six weeks, or longer at the Purchaser’s discretion.

3.7 If Installation or delivery is not completed within this extended period, and subject to the Purchaser making the Site available to the Company for Installation or delivery (as the case may be) at such dates and times as the Company requires, the Purchaser may cancel the outstanding work covered by the Contract without penalty by sending the Company a formal letter. If the Purchaser exercises this right:
3.7.1 The Purchaser will be entitled to a refund of any monies paid for the Installation, in excess of any work actually carried out.
3.7.2 If the Company have carried out any work to a value that exceeds payment made, the Company will be entitled to payment of the difference.

3.8 Should the Purchaser postpone the Installation within 5 working days of the provisional Installation date the Company reserve the right to make a financial claim for the losses incurred which are area and labour dependent.

4. Risk and Title

Risk in the Products shall pass to the Purchaser on delivery. Title in the Products shall pass to the Purchaser once all payments due under the Contract have been made.

5. Guarantee

5.1 The Purchaser is entitled to the Company’s official written Guarantee, in respect of the Products supplied upon receipt of cleared payment for the Installation, the Purchaser will be issued with the standard Company guarantee as stated in the Contract. This guarantees the replacement of any defective materials and workmanship from the date of Installation. The Guarantee is subject to terms and conditions set out in the Contract.

5.2 The Guarantee does not cover any repairs made by anyone else other than the Company or one of its authorised representatives, any attempt to do so will invalidate the guarantee. Broken panes of any description under any circumstances are not covered under the terms of the Guarantee. This includes but is not limited to: Nickel Sulphide Inclusion, accidental damage, wilful damage, or damage caused by wilful neglect of the system.

5.3 The Purchaser must notify the Company of any claim under the terms of this Guarantee within 28 days of discovering the fault by sending an email to info@fgc.co.uk or calling 01732 848 088.

5.4 The Purchaser agrees not to neglect the Products and to maintain them at all times as per the operating and maintenance guides supplied at the time of installation, copies of which are available on request. The Purchaser also agrees not to damage or misuse the Products or allow them to be damaged by others. This includes: call out for debris in track ie. stones and dirt.; not carrying out the maintenance; doors not correctly secured in position, and not protecting them from follow on trades; and anyone other than the Company carrying out any repairs on the Product. The Guarantee will be invalidated unless the annual service has been conducted as stipulated in your Contract. Should the Purchaser breach the requirements of this clause 5, the Guarantee will be invalidated. Reference is made to clause 11.2 in respect of charges for maintenance.

5.5 The Guarantee will not cover minor imperfections within the glass that are outside the scope of the visual quality standards of the Glass and Glazing Federation (GGF), copies are available upon request.

5.6 No guarantee is given or implied that the Products, as installed, will eliminate or reduce condensation.

5.7 No guarantee is given or implied against damage resulting from subsidence due to soil shrinkage, underground or mine workings or minor defects to plasterwork, brickwork and paving due to settlement.

5.8 The Company supports the GGF Code of Practice as promoted by the GGF and undertakes to work within the guidelines of this and any other GGF Code of Practice. A copy of the Code is available upon request. In the case of any dispute arising, the Company will provide details of the GGF’s Conciliation Scheme and Arbitration Scheme administered by the Centre of Effective Dispute Resolution.

5.9 The Company is Fensa Registered. The Company is a GGF member, and in the event of a GGF member failing to commence a Contract for the supply and/or installation of glazing Products in domestic properties in the United Kingdom as a result of insolvency, any private individual who has placed a deposit with a GGF member is covered for the loss of that deposit up to an amount not exceeding 25% of the Contract price or £3,000 whichever is lower.

5.10 Provided that a claim is made in writing within10 months from the date of the insolvency to GGF Fund Limited, 54 Ayres Street, London SE1 1EU, GGF Fund Limited will issue a voucher for the relevant amount, which may be used in part payment for a replacement contract of similar content with another member of GGF Fund Limited. A specimen copy of the Policy wording details the terms, conditions and exclusions and the rules of the scheme may be obtained from GGF Fund Limited.

5.11 An annual service of the frameless doors or windows is required to be carried out by the Company in order to maintain the validity of the Guarantee. Current Annual Service costs are typically £200 plus VAT but may vary depending on location.

6. Exclusion and limitation of liability

6.1 References to liability in this clause 6 include every kind of liability arising under or in connection with the Survey or the Contract including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.

6.2 The Company’s liability to the Purchaser in connection with the Survey (if any) and the Contract shall not exceed the Contract Total.

6.3 The Company shall not be liable for:
6.3.1 any damages resulting from existing structural or other defects in the Site.
6.3.2 any losses occasioned by delays in the Installation or delivery of the Products (and reference is made to clause 3.1 of these Terms).
6.3.3 any indirect or consequential loss.

6.4 The Company will take all reasonable care in order not to damage property. The Company will not make good any damaged walls or flooring inside and outside, the Purchaser will be responsible for redecorating such areas.

6.5 In Supply-Only Contracts, the Purchaser has a 48-hour window to report damaged Products to the Company.

6.6 If the Company replaces a product under the terms and conditions of the Guarantee, the original product must be returned to the Company within 7 days of the replacement being collected, or an invoice will be raised for the replacement item.

6.7 Nothing in these Terms (including clauses 6.2 and 6.3) limits any liability which cannot legally be limited, including but not limited to liability for:
6.7.1 death or personal injury caused by negligence;
6.7.2 fraud or fraudulent misrepresentation.

7. Quality

7.1 All glass shall be of good quality, but the Company shall be under no liability whatsoever in respect of minor blemishes and imperfections not guaranteed by the Manufacturers.

7.2 The Company is a member of the Glass and Glazing Federation (GGF) and is, therefore, governed by the legislation and standards imposed by the GFF and follows the GGF Code of Good Practice. A copy is available upon request.

7.3 Without prejudice to clause 7.1, the Company’s usual practice is to instruct a third party for the repair of any scratches to glass or framework where the same is brought to the Company’s attention shortly after Installation and provided that the Purchaser permits attendance for such works of repair within 30 days of Installation (or longer at the Company’s discretion, provided that the Company has received the Purchaser’s remittance of the Contract Total in full).

8. Specification

8.1 Photographs, samples and showroom displays are used to illustrate and demonstrate typical Frameless Glass Curtains and their composition only. The Products as specified in the Quotation will be measured, manufactured and installed in the way considered suitable by the Company and which is determined at the stage of Survey. The Products are sold subject to availability from the Company’s suppliers, and the Company does not guarantee that the new materials supplied will match existing materials.

8.2 The Company reserves the right to alter the specification and/or the design of the Product or Services as specified in the Quotation, without prior notice to the Purchaser, and pursuant to the Company’s policy of continuous improvement of its product.

9. Payment

9.1 Payment is accepted by Bankers’ Automated Clearing System (BACS) or Card only. Cash and Cheque payments are not accepted.

9.2 The Purchaser shall pay (unless otherwise agreed in writing):
9.2.1 a Deposit of 50% of the Contract Total immediately after the Contract is entered;
9.2.2 an interim payment of 40% of the Contract Total, one week prior to Installation;
9.2.3 the balance of the Contract Total 28 days after completion of the Installation, .

9.3 A Supply only Contract will require that a Deposit of 50% of the Contract Total be paid immediately after the Contract is entered and the balance paid prior to the collection/delivery of the Products.

9.4 Any variation in the rate of VAT will be passed to the Purchaser.

9.5 The Company may charge the Purchaser such additional sums as are reasonable in respect of:
9.5.1 Any parking fees and fines reasonably incurred by the Company’s installation team in parking at the Site. The installation team needs to be able to park close to Site to unload due to health and safety;.
9.5.2 Any Additional Works which are either (i) agreed in advance between the parties or (ii) necessary for the Installation and which the Company could not have reasonably foreseen at the time of Survey or arise from changes to the Site since the time of Survey;
and Contract Total within these Terms shall be construed to include any additional charges under this clause.

9.6 The Purchaser shall pay the amount invoiced by the Company, in accordance with clause 9.1.

9.7 If the Purchaser fails to pay the Company any sums by the due date, the Company may at its option suspend its further performance of the Contract until such payment has been made. In that event, the Purchaser shall remain liable for all costs incurred by the Company arising in relation to any work performed in respect of future deliveries and/or supplies against the Contract provided that the Company shall use its reasonable endeavours to mitigate any costs so arising.

9.8 If the Purchaser fails to pay any amount payable by it under the Contract, the Company shall be entitled to charge the Purchaser interest on the overdue amount from the due date up to the date of actual payment, after as well as before judgment, at the rate of eight (8) per cent per annum above the base rate for the time being of National Westminster Bank Plc. Such interest shall accrue on a daily basis and be compounded quarterly.

9.9 The Company may in its discretion be willing to consider purchase on finance through Novuna or such other lending institution as it may from time to time accept.

10. Installations

10.1 It is the Purchaser’s responsibility to sign off the Installation on the day, and the Purchaser must ensure he is available.

10.2 The area around the relevant part of the Site where Installation is to take place needs to be free of obstructions, i.e. scaffolding, mixers, tools, etc. Without limitation, the Purchaser will remove any services or fixtures and fittings from the Site (e.g. boiler flues, radiators, pipes, electricity, telephone cables, doorbells, satellite dishes and curtain, blinds, shutters etc) before work commences. The Purchaser will allow the Company free use of water and electricity for the purposes of installing the Products.

10.2 If, on the day of Installation, the area is not free of obstruction, or has other trades present in the immediate working area obstructing the Company’s workmen, or is an unsafe environment, the Company will leave Site and make alternative arrangements for a return visit subject to additional charges depending on geographical location and labour required to be paid in advance (and as a condition) of our return.

10.3 A return visit will be required for bespoke face fix cills, which will be invoiced separately. The purpose of the return visit will be to determine the size and specification of the bespoke face fix cills for Installation. Prior to proceeding with the manufacturing of the bespoke face fix cills the Company will confirm to the Purchaser the costs of manufacturing and Installation, raise an invoice to the Purchaser and confirm the likely lead time for receipt of the bespoke face fix cills.

10.3 The Purchaser has a 48-hour window to report any damaged or missing Products to the Company. An email outlining the issue should be sent by the Purchaser to the Company’s following email addresses: info@fgc.co.uk or info@fgcbespokealuminium.co.uk .

11. Maintenance

11.1 The Purchaser must follow the Operating & Maintenance Instructions which are provided by the Company on the day of Installation and again with the final invoice by email.

11.2 If on attendance the fault is found not to be a result of manufacture or Installation but misuse, human error, any structural or building movement or lack of maintenance (for example, doors have not been left 5mm on either side for expansion or if on attendance the Purchaser’s track is found to have debris in it), this will not be covered by the Guarantee and any associated works of repair will become chargeable. The Company’s labour charges are calculated on an hourly basis and dependent on location.

11.3 All maintenance requests will be subject to an initial advance charge of £300.00 plus VAT refundable if the work is found to be covered under the terms of the Guarantee.

12. Cancellation

12.1 Once the Contract is entered into, the Purchaser is not normally entitled to cancel the Contract, except where the Company otherwise agrees or as provided for in these Terms.

12.2 Products such as windows which are made to measure and to specific requirements of the Purchaser are exempt from the right to cancel under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. However, in accordance with the GGF Consumer Code of Good Practice the Company provide the Purchaser with a right to cancel without charge up to 7 calendar days after the date of Contract.

12.3 The Purchaser agrees that the Survey, erection of any necessary access equipment and Installation work for such Products may start before the end of this 7 days cancellation period. If the Purchaser cancels, the Company will collect the Products delivered but not installed and will charge the Purchaser reasonable costs of collection. The Company will also charge the Purchaser reasonable costs for the Survey, access equipment and installed Products provided up to the point of cancellation.

12.4 The Purchaser’s right(s) of cancellation referred to above can be exercised by delivering or sending a cancellation notice to the Company mentioned in the next paragraph within the time periods indicated.

12.5 The cancellation notice may be given to Frameless Glass Curtains Limited, Unit 6, Ballard Business Park, Cuxton Road, Strood, Kent ME2 2NY.

12.6 The notice of cancellation is deemed to be served as soon as it is posted or sent to Frameless Glass Curtains Limited, or in the case or an e-mail from the day it is sent to Frameless Glass Curtains Limited.

12.7 In the event of the Purchaser unilaterally, and in breach of contract, cancelling this Contract the Purchaser agrees to pay, should the Company at its sole discretion so require as liquidated damages, the higher of:
12.7.1 65% of the Contract Total, which the parties agree (where 65% or less of the Works have been carried out), is a fair and reasonable measure of the loss suffered by the Company plus all expenses actually incurred by the Company in its performance of Contract including all commissions and marketing expenses;
12.7.2 The value of the Works carried out as at the time of cancellation (calculated by multiplying the price of the Works for the whole Contract and multiplying by the percentage of those Works carried out) together with the price of any installed Products as at the time of cancellation, by reference to the Quotation.

13. Termination

The Company reserves the right to terminate the Contract if, in the sole opinion of the Company’s surveyor, there are or could be structural problems in installing the Company’s Products. The parties agree that the Company incurs no liability for loss by this action.

14. Restrictions

14.1 The customer agrees to notify the Company or its agents whether the Site or any part thereof is a listed building or is subject to any local planning controls or any relevant restrictive covenants and will be responsible for all fees, even if permission is rejected.

15. Force Majeure

The Company shall not be liable for any loss or damage resulting from a breach by the Company of its obligations under the Terms or the Contract (including delay in completion of the Installation) where such breach arises from causes beyond the Company’s reasonable control and in particular time shall not run for the purpose of clause 3 during a period of delay so caused.

Last updated July 2025