Please read these Conditions
Because we can accept your Order and thus make a legally enforceable agreement without further
reference to you, it is important to you to read our Conditions carefully and to make sure that they contain
everything which you want and nothing that you are not willing to agree to. If you are unsure about any of
this, please, phone our customer-care line on 0800 170 1204.
1 Interpretation
The following words have these meanings throughout the Conditions:
means the terms and conditions set out in this document;
means an individual acting for purposes which are wholly or mainly outside his or her trade, business,
craft or profession;
means the legally-binding agreement between you and us for the sale and purchase of Services which
incorporates these Conditions
‘Delivery Location’
means the location where the Services are to be supplied, as set out in the Order, which must be only
in England and Wales, Scotland and Northern Ireland;
‘Durable Medium’
paper or email, or any other medium that allows information to be addressed personally to the
recipient, enables the recipient to store the information in a way accessible for future reference for a
period that is long enough for the purposes of the information, and allows the unchanged
reproduction of the information stored;
any goods that we supply to you with the Services, of the number and description and any relating
documentation as set out in your Order;
any materials or items we need to acquire in order to perform the Services;
means your order for the Services from us, as set out in your order form;
the services include the supply and fit of double glazing units and doors and any relating
documentation set out in your Order;
means the description or specification of the Services set out in your Order;
‘we, us or our’
means Energy Smart Glass Limited Registered in England and Wales with number 09315302 VAT
number 220464053 registered office address Evans Business Centre, Unit 18, Sycamore Trading
Estate, Squires Gate Lane, Blackpool, Lancashire, FY4 3RL, email,
telephone number 0800 170 1204;
2 Application of these conditions and contract formation
2.1 Any estimate provided by us for the provision of Services prior to your submitting an Order is not a
binding offer by us to supply Services.2.2 When you place an Order to purchase Services from us, you
are just making a binding offer to
purchase those Services in accordance with these Conditions.
2.3 We can reject any Order if we wish for any reason, although we will try to tell you promptly the
reason for our decision, which must be due to running out of stock or resources, a price or description
mistake, inability to obtain your payment or other genuine fair reason.
2.4 A Contract will be formed for the Services you have ordered, only on our written acceptance of your
Order OR our sending an email to you saying that your Order has been accepted or, if earlier, our
delivery of the Services to you.
2.5 We must give you a copy of the signed Contract or confirmation of it with all information contained in
it either on paper or another Durable Medium which is legible, within a reasonable time after making
the Contract, but in any event not later than the delivery of any Goods supplied under the Contract,
and before performance begins of any of the Services.
2.6 No variation of the Contract, whether about description of the Services, price or otherwise, can be
made afterwards unless the variation is agreed by you and us in writing.
2.7 We intend that these Conditions apply only to a Contract entered into by you as a Consumer. If this is
not the case for you, you must tell us, so that we can provide you with a different contract with terms
which are more appropriate for you and which might, in some respects, be better for you, eg giving
you rights as a business.
2.8 In making the Contract, we are acting only on our own behalf.
3 Materials
3.1 At the time we perform the Services, we might not have all the Materials we need to perform the
Services. This might be for a number of reasons, eg:
3.1.1 we have not provided an estimate and cannot reasonably establish what Materials are
necessary until we start performing the Services; or
3.1.2 where we have provided an estimate, it might not have been reasonably possible to establish
the need for particular Materials at the time we provided the estimate and this might only be
revealed when we start performing the Services; or
3.1.3 whether or not we have provided an estimate, the condition of an item or the area which is
the subject of the Services might become apparent only when we start performing the
Services and it might not have been reasonably possible to establish it until that point.
3.2 If we need to purchase additional Materials, we will obtain them from a local supplier, where
practicable. Otherwise, we will order them from elsewhere and return later to continue to perform
the Services.
4 Charges
4.1 The charges for the Services, and the total price of them, will be as notified to you at the time of your
Order as follows:
4.1.1 include the price of the Goods which will be charged for in addition at our standard scale of
prices and charges in force at the time of your Order as notified to you at the time of your
Order; and
4.1.2 include VAT at the rate applicable at the time of your Order so that, if the rate of VAT
increases before we accept your Order, we must only increase the price by the amount of
that increase if we have your agreement, otherwise we must reject your Order and tell you
that].5 Payment
5.1 We can invoice you for the Services, in advance. You must pay a deposit of 25% before the
commencement date for the supply of the Services and the balance on completion of the Services.
5.2 You must pay for the Services in cash, cheque or by submitting your credit or debit card details with
your Order and we can take payment plus 2.5% in the event you pay by credit card as soon as
payment is due.
6 Delivery
6.1 We must deliver the Services, including the Goods, to the Delivery Location by the time or within the
period which you and we have agreed or, failing any agreement, without undue delay and, in any
event, deliver the Goods not more than 30 days after the day on which the Contract is made.
6.2 In any case, regardless of events beyond our control, if we do not deliver the Services on time and we
have not at our expense repeated performance of the Services in conformity with the Contract within
a reasonable time and without significant inconvenience to you, you have the right to require us to
reduce the price or charges by an appropriate amount (including the right to receive a refund for
anything already paid above the reduced amount). The amount of the reduction can, where
appropriate, be up to the full amount of the price or charges. We must, without delay and in any
event within 14 days starting with the day we agree the refund is due, give the refund without charge
by the same means as you used to pay us.
6.3 In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can
(in addition to any other of your remedies) treat the Contract at an end if:
6.3.1 we have refused to deliver the Goods, or if delivery on time is essential taking into account
all the relevant circumstances at the time the Contract was made, or you told us before the
Contract was made that delivery on time was essential; or
6.3.2 after we have failed to deliver on time, you have specified a later period which is appropriate
to the circumstances and we have not delivered within that period.
6.4 If you treat the Contract at an end under condition 6.3, we must (in addition to any other of your
remedies) promptly return all your payments made under the Contract.
6.5 If you were entitled to treat the Contract at an end under condition 6.3, but you do not do so, you are
not prevented from cancelling your Order for any Goods or rejecting Goods that have been delivered
and, if you do this, we must then without delay reimburse to you all your payments made under the
Contract in respect of any such cancelled or rejected Goods. This is in addition to any other of your
6.6 If any of the Goods form a commercial unit (a unit is a commercial unit if division of the unit would
materially impair the value of the goods or the character of the unit) you cannot under condition 6.5
reject or cancel your Order for some of those Goods without also rejecting or cancelling your Order
for the rest of them.
6.7 Our delivery of the Services might be affected by events beyond our reasonable control. In such
circumstances, there might be a delay before we can recommence the Services, having made
reasonable efforts to limit the effect of any of those events and having reasonably kept you advised of
the circumstances, but we will attempt to recommence the Services as soon as those events have
been resolved.
6.8 These are examples of events which can be outside our reasonable control:
6.8.1 weather conditions make it impossible or unsafe for us to perform the Services;6.8.2 the Materials
are not delivered at the time agreed with the supplier of the Materials (and it is
not possible to obtain a replacement within a reasonable time, or the price charged by a
supplier is much higher than the original charge);
6.8.3 you change the Services (and this results in eg our having to do further work or wait for
different Materials);
6.8.4 we have to wait for your other providers to complete their work before we are able to
perform the Services;
6.8.5 we are unable to gain access to the Delivery Location to perform the Services at the times we
have agreed with you; or
6.8.6 you have not prepared the Delivery Location despite your promise to do so.
7 Risk and ownership
7.1 Risk of damage to, or loss of, the Goods will pass from us to you only on delivery of the Goods. You
will need to consider whether to insure them against that risk after that time.
7.2 Ownership of the Goods will pass from us to you on payment in full for the Services
7.3 While we still own any of the Goods, you:
7.3.1 must take reasonable care of them;
7.3.2 must hold those Goods as our property on our behalf;
7.3.3 have the right to use those Goods, but this right ceases automatically if any step occurs
towards your bankruptcy; and
7.3.4 must not pawn, sell or dispose of those Goods or give someone any rights over them.
7.4 If any step is taken towards your bankruptcy or if you are overdue in making any payment, we can
choose, by immediate notice to you to end any remaining right of yours to use the Goods still owned
by us and suspend or cancel any delivery. In that case, you must return those Goods or allow us to
collect them. The exercise of any of those choices will not cancel your obligation to pay the price for
those Goods, provided that we must make a fair allowance to you for the value of any Goods which
we have recovered.
8 Conformity guarantee after-sales service
8.1 We have a legal duty to supply the Services in conformity with the Contract. We will not have
conformed if we have not complied with conditions 8.2 to 8.4.
8.2 The Services will be provided with reasonable skill and care.
8.3 In relation to the Services, anything we say or write to you, or anything someone else says or writes to
you on our behalf, about us or about the Services is a term of the Contract (which we must comply
with) if you take it into account when deciding to enter this Contract, or when making any decision
about the Services after entering into this Contract. Anything you take into account is subject to
anything that qualified it and was said or written to you by us on the same occasion, and any change
to it that has been expressly agreed between you and us (before entering this Contract or later).
8.4 Upon delivery, the Goods will be:
8.4.1 be of satisfactory quality;
8.4.2 be reasonably fit for any particular purpose for which you are buying the Goods which,
before the Contract is made, you made known to us (expressly or by implication) whether or not that is a
purpose for which goods of that kind are usually supplied (unless you do not
actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for
their purpose set out in the Order; and
8.4.3 conform to their description.
8.5 A failure to conform to condition 8.4 is not a failure to conform if it has its origin in materials supplied
by you.
8.6 We will immediately, or within a reasonable time, give you the benefit of the free-of-charge
guarantee given by the manufacturer of the Goods. The conditions of this guarantee are: This guarantee
will take effect at the time the Goods are delivered to you.
Glass has a 10 year guarantee. Frames have a 5 year guarantee. All moving parts have a 12 month
guarantee. This guarantee will not reduce your legal rights.
9 Excluding liability
We do not exclude our liability for death or personal injury caused by our negligence or breach of our
duties under the law, fraud or fraudulent misrepresentation. Subject to this, we are not liable for (I)
loss which was not reasonably foreseeable to both you and us at the time when the Contract was
made, or (ii) loss which relates to your business, trade, craft or profession to the extent that it would
not be suffered by a buyer who is a Consumer. This is because we believe that you are not buying the
Services wholly or mainly for the purposes of your business, trade, craft or profession).
10 Duration, termination and suspension
10.1 The Contract continues as long as it takes for us to perform the Services.
10.2 Either you or we may terminate the Contract or suspend the Services at any time by a written notice
of termination or suspension to the other if that other commits a serious breach, or series of breaches
resulting in a serious breach, of the Contract and the breach either cannot be fixed or is not fixed
within 14 days of the written notice.
10.3 On termination of the Contract for any reason, any remaining rights and liabilities of you and us will
not be affected.
11 Successors and our sub-contractors
Either you or we can transfer the benefit of this Contract to someone else, and you or we remain
liable to the other for your and our obligations under this Contract.
12 Data protection and privacy
We can use your identity and other information about you which you give to us only to help us to
comply with our duties under the law, to provide the Services and handle your payment for them and,
if you give us your prior consent, to tell you about our products and services, on condition that we
stop as soon as you tell us in writing to stop. We promise to use reasonable care to keep that
information confidential. You promise that the information that you give to us is true and, if it
changes, you will tell us promptly.
13 Governing law, jurisdiction, complaints and codes
13.1 This Contract will be governed by the law of England and Wales.
13.2 Disputes can be submitted to the jurisdiction of the courts of England and Wales or where you live in
Scotland or Northern Ireland.
13.3 We will try to avoid any dispute and make sure you are happy. If you have any questions or
complaints please contact us by telephoning 0800 170 1204 or by emailing Important – Your rights to cancel and applicable refund
14.1 Before the Goods are delivered, you have the following rights to cancel an Order for Goods (other
than made-to-measure Goods), including where you choose to cancel because we are affected by an
Event Outside Our Control or We change these Terms under to your material disadvantage:
(a) you may cancel any Order for Goods at any time before We despatch the Goods OR within
14 calendar days of placing an Order by contacting us. We will confirm your cancellation in
writing to you;
(b) if you cancel an Order under clause 14.1(a) and you have made any payment in advance for
Goods that have not been delivered to you, we will refund these amounts to you and any
delivery charges;
(c) if you have authorised us to commence the work within 14 calendar days from the date of
the Order, you will have no right to cancel an Order under 14.1(a).
14.2 Unfortunately, as the made-to-measure Goods are made to your requirements, you will not be able
to cancel your Order once made (but this will not affect your legal rights as a consumer in relation to
made-to-measure Goods that are faulty or not as described).
15. Our rights to cancel and applicable refund
We may have to cancel an Order before the Goods are delivered, due to an Event Outside Our Control
or the unavailability of stock. If this happens:
(a) we will promptly contact you to let you know;
(b) if you have made any payment in advance for Goods that have not been delivered to you,
We will refund these amounts to you;
(c) where We have already started work on your Order for made-to-measure Goods by the time
We have to cancel under clause 15(a), We will not charge you anything and you will not have
to make any payment to Us.
16. Information about us and how to contact us
16.1 We are a company registered and established in England and Wales. Our company registration
number is number 09315302 and our registered office address Evans Business Centre, Unit 18,
Sycamore Trading Estate, Squires Gate Lane, Blackpool, Lancashire, FY4 3RL.
16.2 If you have any questions or if you have any complaints, please contact us. You can contact us by
telephoning us on 0800 170 1204 or by e-mailing us at
16.3 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, by hand, or by prepaid
post to the above postal or email address. 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
pre-paid post to the address you provide to us in the Order.