Conditions of Sale


  1. Unless otherwise expressly agreed in writing by the seller, these Conditions, which supersede any earlier conditions appearing in the Seller's catalogue or elsewhere, shall override any terms or conditions stipulated, incorporated or referred to by the Buyer and all guarantees, warranties or conditions whether express or implied by statute, common law or otherwise are excluded and hereby negated, provided that nothing in this Condition or elsewhere in these Conditions shall operate to exclude the provisions of Section 12 of the Sale of Goods Act 1893 or to exclude or restrict liability for death or personal injury resulting from the Seller's negligence. These Conditions are not written standard terms of business and are therefore open to negotiation before the Buyer's order is placed or the Seller's offer to supply is otherwise accepted. However, all prices quotes, published or otherwise referred to are put forward against these Conditions and are therefore subject to alteration if these Conditions are amended. All contracts of sale under which Carlisle Glass Ltd. is the Seller shall accordingly be subject to these Conditions as printed or to these Conditions as amended by written agreement of the Seller and the Buyer as the case may be.


  1. Unless otherwise agreed in writing, quotations given and orders accepted are subject without notice to alteration by the Seller at any time to reflect any increase in the cost to the Seller or its sub-contractors of manufacturing or installing the goods over such cost as estimated at the date of the quotation.
  2. Unless otherwise stated, prices do not include value added tax and where applicable this is chargeable in addition.
  3. All prices quoted are net and the Seller shall be entitled to charge interest at annual rate of 2% above the Bank of England minimum lending rate on all overdue accounts.
  4. Glass and glazing will be subject to minimum area charges, details on application.


  1. Payment shall be made within 30 days of the Seller's invoice
  2. If the Buyer makes default in any payment the Seller may, as its option and without prejudice to any other rights of the Seller, suspend any further deliveries and work until the default is rectified, or cancel the order and/or cancel or procure cancellation of any other orders which the Buyer has placed with the Seller or any associated company of the Seller, so far as any goods remain to be delivered or work done thereunder.


  1. Any time given or accepted by the Seller for delivery shall be treated only as an estimate in good faith and the Seller does not accept any contractual obligation as to time or date of delivery. The Buyer acknowledges that in the contractual performance expected of the Seller no regard has been paid to any given, accepted or desired delivery time or date and that no loss or damage can be attributed to the circumstances (should it so be) that delivery has not been completed by any other time or date.
  2. Where delivery is to be made by instalments, each delivery shall be deemed for such purpose to be the subject of a separate contract and any failure whatsoever by the Seller in respect of any one delivery shall not entitle the Buyer to repudiate the order of any instalments remaining to be delivered thereunder.
  3. If for any reason the Buyer is unable to accept delivery of the goods at the time when the goods are due and ready for delivery, the Seller will, if its storage facilities so permit, store the goods until actual delivery and the Buyer shall be liable to the Seller for the reasonable costs of such storage, including any additional handling and transport costs. This provision shall be in addition to and not in substitution of any other payment or damages for which the Buyer may be liable due to his failure to take delivery at the appropriate date.
  4. The property in the goods ordered and risk shall pass to the Buyer on delivery to him at the place specified on the order or as otherwise agreed; if the provisions of Conditions 4(c) are operative, risk shall pass at the time when the goods are due and ready for delivery.


  1. The Seller reserves the right to dispatch the goods by the most suitable form of transport.
  2. Where the point of delivery is the Buyer's premises or named site, the Seller will replace free of charge or credit the Buyer with the value thereof if the Buyer establishes to the satisfaction of the Seller that goods have been damaged or lost in transit or were not handed over by the Carrier complete and without shortage provided the Buyer shall have given to the Seller written notification (otherwise than upon the Carrier's delivery document) of such damage loss or shortage as follows:
    1. In the case of damage or loss of part of a consignment or of storage - within 3 days of delivery of the consignment (or remainder thereof.)
    2. In the case of loss of the whole consignment - within 28 days of dispatch of the consignment.
    The seller shall be permitted a reasonable opportunity to inspect any damaged consignment and to investigate any loss.
  3. The written notification to the Seller under (b) above shall state whether any damaged goods have been salvaged by the Buyer and upon the Seller replacing or crediting any damage or loss under (b) above, any salvaged goods shall be at the disposal of the Seller. Failure by the Buyer to state whether or not any goods have been salvaged shall relieve the Seller from all liability or obligation under (b) above.
  4. Except as provided in the foregoing provision (b), the Seller shall not be liable to the Buyer for any loss or damage arising out of or in connection with goods damaged or lost in transit.
  5. For the purpose of the Clause 5, transit shall be deemed to have been completed as soon as goods are ready to be off-loaded at the place of delivery and goods shall be deemed to be ready to be off-loaded when all ropes, chains, sheets, restraining bars or other means of fastening have been removed.
  6. Off-loading shall be the entire responsibility of the Buyer.


  1. If package are returnable and are charged to the Buyer the cost of such packages will only be allowed or credited to the Buyer if and when the Buyer returns the same to the Seller carriage paid and in good condition.


  1. Goods represented by the Buyer to be defective shall not form the subject of any claim for injury, loss or damage or any expense howsoever incurred whether arising directly from such alleged defects other than death or personal injury resulting from the Sellers' negligence but such goods, if returned to the Seller within 7 days of receipt by the buyer and accepted by the Seller as defective, will at the discretion of the Seller be replaced free of charge or credited to the account of the Buyer.
  2. No condition is made or to be implied nor is any warranty given or to be implied as to the life or wear of the goods supplied or that they will be suitable for any particular purpose or for use under specific conditions, notwithstanding that such purpose or conditions may be known or made known to the Seller.


  1. Notwithstanding any agreed terms of payment the goods are not sold or delivered on credit but on condition that the ownership of the goods shall remain with the Seller and no property in the goods whether legal or equitable shall pass from the Seller until payment of the full price has been received.
    1. Of all goods the subject of this Contract and,
    2. Of all other goods the subject to this Contract between the Selelr and the Buyer.
    Nevertheless, at all times following delivery of the goods and preceding payment as aforesaid the Buyer shall have the power to re-sell or otherwise deal with goods as agents on the Sellers behalf on condition
    1. That such re-sale or other dealings shall give rise to no obligations whatsoever whether contractual or otherwise on the Seller, and
    2. That the proceeds of re-sale or dealings shall in any period preceding payment of the full price as aforesaid to be held by the Buyer in a separate account as trustee thereof for the Seller.
  2. If the Buyer should make a new object of whatever nature from the goods the subject of this Contract, or mix the goods with any other object or objects or material, or cause or permit to be attached to the goods any new object or objects, or if the goods in any way whatsoever become a constituent of any other object, the Buyer will store such new object or objects separately and the Seller will be given legal and equitable ownership of such new object or objects. The transfer of ownership will be deemed to have taken place at the moment there is attached to the goods the subject of the Contract any new object or objects or that such goods are converted into a new object, or are mixed with or become a constituent of any other object. Until such time as payment has been made as stipulated in (a) above the Buyer shall hold the object or objects as agent on behalf of the Seller but shall have the power to sell or otherwise deal with the object or objects as agent as aforesaid on condition.
    1. That such sale or other dealings shall give rise to no obligations whatsoever whether contractual or otherwise on the Seller.
    2. That the proceeds of the sale or other dealing shall in any period preceding payment of the full price as aforesaid be held by the Buyer in a separate account as trustee for the Seller
  3. Notwithstanding the provisions of sub-clauses (a) and (b) above all goods after delivery by the Seller are at the Buyers risk and must be paid for notwithstanding the destruction thereof or any damage thereto howsoever caused.
  4. The Buyer shall upon delivery or dispatch, which ever is the earliest insure the goods in the joint names of the Seller and the buyer until completion of payment of all goods as aforesaid.
  5. If the Buyer fails to pay for the goods on the due date, or if the buyer goes into receivership or is declared Bankrupt (or any equivalent thereof) or enters into a composition with its creditors or if the Buyer, being a company, goes into liquidation or into receivership or is otherwise declared insolvent, or prohibited from trading then the buyer shall immediately notify the Seller thereof and shall, upon demand made orally or in writing by or on behalf of the Seller deliver the goods or cause the goods to be delivered up to the Seller or to its order.


  1. If the performance of the Order or any obligation thereunder is prevented by force majeure, the Seller shall be excused performance, provided that the Seller shall use its best endeavours to remove such cause(s) of non-performance, and shall continue performance thereunder without delay whenever such cause(s) are removed.
  2. For the purpose of these Conditions, the term "Force Majeure" includes acts of God, strikes, lock-outs, fire, accident, lighting, earthquakes, storms, floods, explosion, war and any other circumstances, whether similar or dissimilar beyond the reasonable control of the Seller.


  1. If the Buyer commits any breach of the terms and conditions of the order, or suffers distress or execution, or becomes insolvent, or commits an act of Bankruptcy, or enter into any arrangements of composition with creditors, or goes or is put into liquidation (other than solely for amalgamation or reconstruction), of if a receiver is appointed over any part of the Buyers business, the Seller may, without prejudice to any rights which may have accrued or which may accrue to him terminate the order summary by notice in writing


  1. Any contract or order arising hereunder is between the Seller and the Buyer as principle and shall not be assignable without the express written consent of the Seller.


  1. These condition of Sale and any contract arising hereunder shall in all respects be construed in accordance with the laws of England. Any dispute which may arise hereunder shall be referred to a single arbitrator in accordance with the provision of the Arbitation Act 1950 or any statutory modification or re-enactment thereof.


  1. The completion of termination of the Order shall not affect the continuing operation of Condition(s) 6 and 11.


  1. The seller shall have free access to the site as and when required and the Buyer shall provide suitably dry safe storage space there for the goods without charge.
  2. The Buyer shall without charge provide all things necessary for execution of the work at the site by the Seller, including but not limited to clean fresh water, adequate artificial light, power and heating and scaffolding.
  3. The Buyer shall comply with all statutes, orders, bye-laws and other regulation whatsoever affecting the work and obtain all licences, permits, permissions and authorities necessary for its execution.


  1. Unless otherwise specifically provided the whole of the work shall be carried out during normal working hours without interruption or delays and no overtime shall be worked.


  1. Unless otherwise specifically provided the contract price shall not include scaffolding.


  1. Glazing does not include the cleaning of the glass.
  2. Unless specifically stated prices do not provide for making templates for shaped or bent plates or glazing from boats, swings, or ladders and for other special work.
  3. The Seller's liability ceases once the glass has been correctly glazed.
  4. The Management reserves the right to withdraw any account without notification and request full settlement of said account by return


  1. All warranties given are Manufacturers Warranties, and in effect of said Manufactures becoming insolvent or cease trading any such warranty shall become null and void.
  2. Claims against Manufacturers Warranties within the appropriate warranty period must be made in writing to this company stating our original invoice Number and Date to enable us to make the appropriate claim on your behalf.
  3. The company cannot be held responsible for the failure of goods due to poor or in-correct maintenance.


The safe use of glazing is governed by the building regulations 1991 approved document N, glazing-materials and protection, and by British Standard BS6262: part 4: 1994 safety related to human impact. All glazing undertaken by Carlisle Glass Limited and all glass that it supplies will comply with the requirements of same.

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