Terms & Conditions

Terms & Conditions

These Conditions govern the relationship between Direct Works Glazing Solutions (No 16089349) (referred to as “the Company“, “we” or “us“) and any entity that purchases goods from us (the “Customer” or “you”). Please ensure that you read these Conditions prior to placing an order with us as they contain important information and are legally binding on both parties.

Scope

These Conditions shall apply to all commercial dealings between the Company and the Customer, all orders accepted shall be subject to them. No other terms, conditions or warranties whatsoever shall form part of the contract, and you accept that this document constitutes the entire agreement between you and us. Any variation to these Conditions shall be valid only if expressly agreed in writing by a Director of the Company.

Orders & Cancellation

Orders shall be submitted to us via the website’s ordering process. Once we have received your order, we will email you order confirmation.

We reserve the right to withdraw an offer at any time prior to receiving acceptance from you by giving you written or verbal notice.

It is the customers responsibility to ensure all information submitted is correct and is as per the customers’ requirements. No amendments can be accepted after 48 Hours. After the 48-hour period the order is released into production. No omissions or cancelations can or will be given after this 48-hour period due to the manufacture of bespoke products.

Price and Payment

The price for goods shall be set out during the order process.

All prices are inclusive of VAT and any other statutory taxes which may apply. These will be at the rate applicable at the time of the order.

Payment for the goods will be at point of. Order Confirmation will follow. No amendments can be accepted after 48-hours. After the 48-hour period the order is released into production. No omissions or cancelations can or will be given after this 48-hour period due to the manufacture of bespoke products.

Risk and Title

Except as otherwise set out in these Conditions, risk in the goods shall pass to you on delivery.

You may not cancel any order unless we agree in writing.

In the event that an order is cancelled in accordance with clause above, you agree to make payment to us for all costs and expenses incurred by us at the time of cancellation in connection with fulfilling your order.

Delivery

Delivery will be free on any delivery exceeding £1000 (excluding VAT) in value to a single pre-agreed permanent trading address located within mainland UK. A single delivery may comprise more than one order. In order to qualify for free delivery, the total value of all orders constituting a single delivery must exceed £1000 (excluding VAT).

Where a single delivery does not qualify for free delivery in accordance with clause above (for example, delivery to a residential address, or delivery value below £1000 excluding VAT), we reserve the right to charge you a standard delivery fee of £100 (excluding VAT) for delivery to a single location within mainland UK. We will inform you of any delivery charges when you place your order or once we have calculated that your combined orders do not meet the free delivery threshold.

We reserve the right to impose reasonable additional charges where special arrangements or non-standard requirements are necessary to deliver the goods to you. These requirements may include (but are not limited to) flat packing of any product which is longer than 4 metres in one or more dimensions, special vehicles for site access, specified time deliveries, and providing additional offloading services such as an additional person with the vehicle. Any such charges shall be confirmed in your Order Confirmation. In the event of a failed delivery or deliveries to a location requiring special arrangements, we reserve the right to charge for the special arrangements made for each attempted delivery, in addition to any failed delivery charges that may be payable. We may invoice you for such charges separately.

Unless otherwise agreed in writing, any goods ordered for delivery to any location outside of mainland UK shall be supplied on an Ex-Works basis for collection by your nominated Freight Forwarder from a site or sites to be specified by us at time of Order Confirmation.

We reserve the right to charge for inland transport where you request that the goods are delivered to a port.

We use 18 tonne rigid bodied vehicles with tail lift for deliveries. If for any reason the delivery address is inaccessible for this type of vehicle, you must make this known to us at the time of placing the order. Failure to do so may result in a failed delivery where you are unable to accept the goods from us, which may incur additional charges.

If for any reason you (or one of your agents) are not available to accept the goods at the delivery address, you must make this known to our Customer Service Team at the earliest opportunity, and at least two full working days before the estimated delivery date.

We reserve the right to apply a failed delivery charge of £89.00 + VAT and the re-delivery will be scheduled for when we are next in the postcode area. If there is an exceptional circumstance whereby a dedicated vehicle is required ie, for a delivery on a day when we are not in the postcode region, then the cost of this would be obtained from our Despatch Department and advised to the customer.

It is our policy that drivers will provide reasonable assistance during unloading. However, you must provide appropriate assistance for off-loading, such as a forklift or two able-bodied persons.

All deliveries will be made kerbside to the delivery address. Kerbside means that the delivery vehicle will park in front of or as close as possible to the delivery address and you will receive the goods at that location. Our driver, providing it is safe to do so, will provide additional assistance.

Any time given for delivery shall be an estimate only and although we shall endeavour to deliver the goods within the period of the time stated, time for delivery is not of the essence of the contract and we shall not be liable for any loss, costs, damage or expense caused to you, whether directly or indirectly, by reason of our failure to comply with any estimated delivery time stated. You shall have no right to cancel any order or refuse to accept delivery of the goods where delivery is not made within the estimated delivery time.

You are required to take delivery of the goods at the time they are due and ready for delivery, however we may, at our sole discretion, postpone delivery at your request, provided always that you agree to pay all of our reasonable costs, including but not restricted to the cost of storage and insurance arising from the postponement of delivery.

Force Majeure

The Company shall not be responsible for any loss, damage, cost, detriment or expense whatsoever, however arising if manufacture or delivery of the goods is delayed or hindered by act of God, governmental intervention or restriction, hostilities, civil commotion, fire, flood, accident, machinery breakdown, strike, lockout, non-delivery of goods by the Company’s suppliers, or any other cause or circumstance whatsoever beyond the reasonable control of the Company. On the occurrence of any of these events, we reserve the right to cancel the contract or suspend delivery of the goods to you.

We warrant that the goods shall be free from material defects at the time of delivery.

You shall have no claim for shortages or defects unless you notify us within 48 hours of delivery of the goods by email or send a written complaint to the Company’s registered office, if the goods were transported to the Customer by the Company’s transport or within such a period as may be specified in the conditions of carriage if the goods were transported by a third-party carrier.

If you believe that the goods are defective, you must allow us an opportunity to examine the goods and to investigate your complaint. Photographic evidence will be required. If upon inspection the goods are found to be defective, we shall (at our sole discretion) either: (i) repair or replace the goods with a satisfactory alternative; or (ii) refund to you the cost of the defective goods.

You shall have no claim in respect of defects which are not apparent upon inspection following delivery of the goods, unless you inform us in writing of such defects within 48 hours of such defect becoming apparent and the provisions shall apply in such circumstances.

Warranty & Claims

Upon receiving delivery of the product to yourself “the customer”, the manufacturer’s warranty will start with immediate effect and is as follows.

Frame – 10 years manufacturer warranty
Glass – 10 years manufacturer warranty
Hardware – 12 months manufacturer warranty
Paint finish – 25 years

All warranties are based on correct fitting methods and following the cleaning and maintenance guide set out by Smarts Systems.

Our products are supplied with an extended warranty, subject to the products being: installed in accordance with British Standard BS 8213-4:2016 and our recommendations, and maintained to the material manufacturers’ recommendations, and used for their normal intended Purpose.

Full details are available from the company on request.

We do not accept liability for any defect arising from fair wear and tear; wilful damage; improper storage, handling, or installation; or for your failure to follow our instructions.

Our products are intended for use in temperate geographic regions, and we therefore accept no liability for any defect arising from their use in any other climatic region.

Where products are to be fitted in areas that require Marine specification such as coastal locations or swimming pools etc, or areas that would be considered a hazardous location, such as industrial areas that can produce environmental pollutants that could harm the given product. You the customer must inform us within the 48 hour period and confirm postcode and location map. We will subsequently inform you of any additional costs incurred. Non confirmation of this information will limit or invalidate your warranty according to the circumstances.

Where you are ordering bespoke goods, we are reliant on the information that you provide to us as part of your order specification to manufacture the goods to your specification. We therefore do not accept any liability in the event that the goods do not meet your requirements because you gave us incorrect information in your specification or because you accepted an Order Confirmation containing incorrect details.

Any drawing, illustration or information contained in our advertising, sales, or technical literature is for guidance only and shall form no part of this contract unless otherwise specifically agreed in writing.

Limitation of Liability

We shall not be liable to you for any indirect or consequential loss or damage or howsoever arising or for any other loss of profits or damage to property.

Our total liability to you shall not exceed the price which you have paid for any defective goods purchased from us.

Nothing in these Conditions restrict or limits our liability for: (i) death or personal injury caused by negligence, (ii) fraud or fraudulent misrepresentation, or (iii) any other losses which cannot be excluded or limited by law.

Indemnity and insurance

You shall indemnify us from and against any losses, damages, liability, costs (including legal fees) and expenses which we may suffer or incur directly or indirectly from your breach of any of your obligations set out in these Conditions.

Anti-bribery and anti-slavery

Both the Company and the Customer shall at all times comply with the Bribery Act 2010 and shall not make or receive any bribe or other improper payment or advantage or allow any such bribe or improper payment or advantage to be made or received on its behalf, either in the United Kingdom or anywhere else. Both parties will have in place adequate procedures to prevent bribery and shall ensure that such procedures are complied with by all employees, workers, agents and/or sub-contractors.

Both parties warrant and represent to the other that (i) they shall at all times comply with the Modern Slavery Act 2015, and (ii) neither they, nor any of their employees, workers, agents or sub-contractors, have committed an offence or are subject to an investigation relating to an alleged offence under the Modern Slavery Act 2015.

If either party becomes aware of any breach (including a potential breach) of clauses, then the party in breach must immediately notify the other party.

Any breach of clauses shall be a material breach of these Conditions that is not remediable and the party not in breach shall be entitled to immediately terminate the contract by giving written notice to the other

Termination

We may terminate the contract (and any other contract between you and us), in whole or in part and with immediate effect, by giving you written notice where you:

  • have committed a material breach of these Conditions and such breach is not able to be remedied, or such breach is not remedied within 14 days from receiving written notice of such breach;
  • have failed to pay any amount due to the Company by the due date; or
  • have suffered from any form of insolvency event (including but not limited to: having an administrator appointed over all or any of your undertaking, assets or income; a resolution passed for your winding up; or being unable to pay your debts as they become due).

General

All drawings, documents and information supplied by us to you are supplied on the strict understanding that copyright shall remain vested in the Company and that the contents are confidential and shall not be replicated or disclosed to any third party other than with our written consent.

Any decision by us not to enforce any of our rights under these Conditions against you shall not be deemed to be a waiver of that right or prevent any future exercise of that right by us.

If any term or provision of these Conditions is found to be unenforceable for any reason whatsoever then our contract with you shall be construed as if such term or provision was specifically excluded from it.

Our contract with you shall be governed by and construed in accordance with English Law and all disputes arising out of our contract with you shall be subject to the exclusive jurisdiction of the courts of England and Wales.

We take data protection and your privacy seriously. Our full privacy policy covering your privacy rights and how we gather, use and share your personal information – including any personal information which we already hold about you now and all further personal information we might collect about you, either from you or from a third party – can be found here