Terms of Business
Terms of Business
United States of America
Version: 003
Date: 8th February 2026
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 etc.,
Agreed Purchaser Price: The UK factory to US door/job site price the Purchaser agrees to pay the Company for the products ordered during the Fixed Price Term. The price for dual glazed P5+ (Cool-Lite SKN176 II/Krypton90/Planitherm One) being US$1, 464 (one thousand four hundred and sixty four) per linear foot, plus any other Products the Purchaser may order. Such price being able to be amended from time to time due to reasonable unforeseen events out of the control of the Purchaser or the Company including but not limited to, increases in US Tariffs, extraordinary increases in shipping and freight costs etc., such amendment not to be unreasonably refused.
Anticipated Lead Time: The time anticipated by the Company between:
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
the date when the Company is anticipated/estimated to deliver the Products and arrive to a site, 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
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, pursuant to clause 2.3
Contract Date: The date when a Contract is entered into between the Company and the Purchaser pursuant to clause 2.3
Contract Total: Total cost of the Contract to the Purchaser
Fixed Price Term: 12 months from the Contract Date; such term able to be amended from time to time due to reasonable unforeseen events out of the control of the Purchaser or the Company including but not limited to, increases in US Tariffs, extraordinary increases in shipping and freight costs etc., such amendment not to be unreasonably refused
Job Site Photograph and Video List: The list of photographs and videos all installers must make on each installation to ensure the Manufacturers Guarantee applies
Maintenance: Remedial’s and works carried out under the terms of the Guarantee
Manufacturer: The Company
Operating & Maintenance Instructions: instructions which are supplied for all products and emailed to the Purchaser on receipt of 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 6
Products: Frameless Glass Curtains (Double or Triple Glazed), removeable corner post system (RCP), Fixed Panels, along with such other products as the Company may from time to time offer for sale or be requested to supply
Purchaser: Any person, firm or company to whom the Company supplies Product(s) and/or Services 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 where applicable, pursuant to clause 2.3. 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
Shipping Cut-Off Date: The final date the Products can be collected from the Manufacturer to ensure the Products arrive to site in the USA within the agreed Anticipated Lead Time
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 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 Form: The Form that must be completed by all Purchasers in order for the company to confirm its Quotation
The Glass and Glazing Federation (“GGF”): A United Kingdom 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.
Warranty: 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
Works: Works included in the Contract.
1. General
1.1 These Terms apply to the Survey Form 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 provide the Company a duly completed and signed Survey Form prior to every Quotation.
2.2 The Company (following receipt of the Survey Form, if applicable, and subject to clause 2.7) shall provide the Purchaser with its Quotation including (without limitation):
2.2.1 The Products and Services proposed to be supplied;
2.2.2 Scaled shop drawing(s) for Purchaser approval;
2.2.3 The Contract Total listing the Agreed Purchase Price;
2.2.4 (Subject to clauses 3.1 and 3.2) the Anticipated Lead Time.
2.3 Quotations (including any revised Quotation following discussion and agreement between the Company and the Purchaser) shall be valid for 1 month. 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.
2.4 The Company may in its own discretion decline to provide a Quotation for any reason.
3. Timescales
3.1 The Anticipated Lead Time, and any other delivery 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, or otherwise be 12 weeks subject to the Shipping Cut-Off Date. The Anticipated Lead Time depends (amongst other things) on the manufacture work schedule at the time of the order being placed, upon the availability of materials and on the international shipping schedules.
3.3 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 subject to the agreement of a date or dates for delivery.
3.4 In the event that:
3.4.1 After four 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
3.4.2 The Purchaser has not agreed to admit the Company access to the Site for the purpose of delivery of the Products within any of the dates suggested by the Company within six weeks of the notice referred to at clause 3.4,
90% of the Contract Total is immediately payable and delivery will follow as soon as thereafter agreed. If the postponement of delivery exceeds 16 weeks, storage charges will be applied at £150 per week.
3.5 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, requiring delivery within nine weeks, or longer at the Purchaser’s discretion.
3.6 If delivery is not completed by the Company within this extended period, and subject to the Purchaser making the Site available to the Company for delivery 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:
3.6.1 The Purchaser will be entitled to a refund of any monies paid for the delivery, in excess of any manufacturing work actually carried out.
3.6.2 If the Company have carried out any manufacturing work to a value that exceeds payment already made, the Company will be entitled to payment of the difference.
3.7 Should the Purchaser postpone the delivery within 7 working days of the Shipping Cut-Off Date the Company reserve the right to make a financial claim for any losses incurred which are area and labour dependent.
4. Risk and Title
Risk in the Products shall pass to the Purchaser when the goods are received at any site. All Products are shipped DAP/DDP (Delivered to US) and includes insurance, transit, transit loading and off-loading, import duties, tariffs and taxes. Title in the Products shall pass to the Purchaser once all payments due under the Contract have been made and received by the Company.
5. Warranty & Guarantee Terms
Frameless Sliding/Stacking Door Systems – Consumer and Trade/Commercial Sales
5.1 Consumer Statutory Rights
Nothing in this warranty or any manufacturer’s guarantee affects your statutory rights under the Consumer Rights Act 2015 (UK). Goods must be supplied of satisfactory quality, be fit for purpose and as described.
5.2 Manufacturer’s Warranty
5.2.1 Frameless Glass Curtains warrants that the frameless sliding/stacking door system and glazing products will be free from manufacturing defects and will conform to the agreed specification at the time of delivery.
5.2.2 This warranty applies to all residential dwelling completed installations in single family occupancy and the following apply:-
- Manufacturers Insulated Glass Units – 10 years (requires documented cleaning and maintenance)
- Manufacturers Aluminium Powder Coated Framework – 10 years (requires documented cleaning and maintenance)
5.2.3 This warranty applies to all commercial completed installations and the following apply:-
- Manufacturers Insulated Glass Units – 5 years (requires documented cleaning and maintenance)
- Manufacturers Aluminium Powder Coated Framework – 1 years (requires documented cleaning and maintenance)
5.2.4 The Manufacturer’s liability shall be limited to repair or replacement of defective goods and shall not extend to consequential or indirect losses.
5.2.5 This Warranty & Guarantee are transferrable and assignable subject to the agreement of the Company, such agreement not to be unreasonably withheld, and subject to a fee of £400 (four hundred pounds GB Sterling) each transfer/party.
5.2.6 Care & Maintenance Instructions constitute part of this warranty.
5.3 Warranty Stipulations and Exclusions
1. This Warranty does not cover damage caused by misuse, accidental damage, impact damage, structural movement of the building or structure, subsidence, vibration, corrosion, localized heat exceeding 150 degrees Fahrenheit, harmful fumes, vapours or chemicals, temporary or permanent metal “bowing” (solar expansion) from direct sun exposure and/or significant temperature difference between external and internal areas, finish crazing or minor colour deviations or changes in appearance due to unequal sun exposure, chemicals or other atmospheric or climatic conditions or failure to follow the supplied care and maintenance guidance.
2. References to liability in this clause 5 include every kind of liability arising under or in connection with the Contract including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
3. The Company’s liability to the Purchaser in connection with the Contract shall not exceed the Contract Total.
4. The Company shall not be liable for the following, in addition to any other terms of the Contract:-
(i) Any damages resulting from existing structural or other defects in the Site
(ii) Any losses occasioned by delays in the delivery of the Products (and reference is made to clause 3.1 of these Terms)
(iii) Any indirect or consequential loss(es) whatsoever
(iv) any damages resulting from any third party installation or maintenance of the product
5. Supply-Only Contracts - the Purchaser has a 48-hour period to report damaged Products to the Company following receipt of the goods.
6. Nothing in these Terms (including clauses 5 and 6) limits any liability which cannot legally be limited, including but not limited to liability for:
6.1 Death or personal injury caused by negligence;
6.2 Fraud or fraudulent misrepresentation.
5.4 Manufacturers Guarantee – Insulated Glass Units (IGU)
5.4.1 The Manufacturer provides a 10 year guarantee from the date of manufacture against failure of the hermetic seal of the insulated glass unit resulting in moisture ingress between the panes.
5.4.2 The Manufacturer’s liability shall be limited to repair or replacement of defective goods and shall not extend to consequential or indirect losses.
5.4.3 The guarantee, in respect of the Products supplied upon receipt of cleared payment for the whole Contract value, the Purchaser can rely on this guarantee as stated in the Contract. This guarantees the replacement of any independently verified defective materials and workmanship relating to the IGU from the date of manufacture. The Guarantee is subject to terms and conditions set out in the Contract.
5.4.4 The guarantee only relates to the supply only of the products to the Purchaser. It does not cover installation or any repairs or tampering made by anyone else other than the Company or one of its authorized representatives; any attempt to do so will invalidate the Manufacturers guarantee.
5.4.5 The Purchaser agrees to use reputable installers at all times and to ensure all installed doors and windows are correctly installed, secured and protected from any follow-on trades persons. Failure to do so will invalidate the guarantee.
5.4.6 The Purchaser must notify the Company of any claim under the terms of this Guarantee within 7 days of discovering the fault by sending an email to [email protected].
5.4.7 The Purchaser agrees not to neglect the Products and that all installations are recorded in accordance with the Job Site Photograph & Video List. A copy of all photographs and videos must be provided to the Company on completion of each project for the Guarantee to become valid. All records must be safely maintained and stored at all times and be available for inspection if and when requested by the Company.
5.4.8 The Company is Fensa Registered (UK) and NFRC Registered (USA). The Company is a GGF and NFRC member, and in the event of a GGF member failing to commence a Contract for the supply 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 (applies UK only).
5.4.9 The Company supports the GGF Code of Practice (UK) 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.
6. General Exclusions and limitation of liability
1. References to liability in this clause 6 include every kind of liability arising under or in connection with the Contract including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
2. The Company’s liability to the Purchaser in connection with the Contract shall not exceed the Contract Total.
3. 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, willful damage, or damage caused by willful neglect of the system.
4. 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) in the UK, and Federal ASTM and AAMA standards in the USA, copies are available upon request.
5. No guarantee is given or implied that the Products, as delivered, will eliminate or reduce condensation.
6. No guarantee is given or implied against damage resulting from subsidence due to soil shrinkage, underground or mine workings or minor defects to plasterwork/stucco work, brick/block work or paving due to settlement.
7. References to liability in this clause 6 include every kind of liability arising under or in connection with the Contract including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
8. The Company’s liability to the Purchaser in connection with the Contract shall not exceed the Contract Total.
9. The Company shall not be liable for any damages resulting from existing structural or other defects on the job site.
10. Any losses occasioned by delays in the delivery of the Products (and reference is made to clause 3.1 of these Terms).
11. Any indirect or consequential loss.
12. Nothing in these Terms (including clauses 5 and 6) limits any liability which cannot legally be limited, including but not limited to liability for:
(i) Death or personal injury caused by negligence;
(ii) Fraud or fraudulent misrepresentation.
7. Quality
7.1 All Product manufacturing is undertaken in strict accordance of the Company’s Quality Manual for the Manufacture of Fenestration and Insulated Glass Units Revision A, 19 September 2025. 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 Due to the manufacturing processes used in tempering and laminating, laminated safety glass can exhibit small optical irregularities including subtle distortion, variations in reflection, and roller-wave patterns. These effects are inherent to the product and occur even when all materials and processes meet industry standards.
Such characteristics are not considered faults or grounds for remake unless they fall outside recognised manufacturing tolerances. By proceeding with this order, the customer accepts these normal variations as part of laminated glass performance.
7.3 The Company is a member of the National Fenestration Ratings Council (NFRC) (US) and Glass and Glazing Federation (GGF)(UK) and is, therefore, governed by the legislation and standards imposed by the GFF and follows the GGF Code of Good Practice and upholds the standards of the NFRC.
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 delivered in the way considered suitable by the Company and which is determined on receipt of the Survey Form and agreed with the Purchaser. 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 any existing materials at any site.
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. If any alteration to specification affects any current Quotation, the Company will inform the Purchaser immediately and in any event prior to entering into Contract.
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 on signing the Contract;
9.2.2 a final payment of the balance of the Contract Total, 10 days prior to confirmation of the Shipping Cut-Off Date;
9.3 The Company may charge the Purchaser such additional sums as are reasonable in respect of:
9.3.1 Any Additional Works which are either (i) agreed in advance between the parties or (ii) necessary for the manufacture and/or delivery and which the Company could not have reasonably foreseen at the time of Quotation or which arise from changes to the Site since the time of receipt of the Survey Form; 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 such lending institution as it may from time to time accept.
12. Cancellation
12.1 Once the Contract is entered into, the Purchaser is not 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, there are or could be problems in installing the Company’s Products on any given job site. The parties agree that the Company incurs no liability for loss by this action.
14. Restrictions
14.1 The Purchaser agrees to notify the Company or its agents whether the Site or any part thereof is statutory protected or is subject to any local or district planning or building controls or any relevant restrictive legal covenants and will be responsible for all local permissions and/or consents.
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 delivery of the Product) 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.
I/We the undersigned (the purchaser) agree to the terms and conditions of purchase from Frameless Glass Curtains Limited (the company)
Name………………………………………………………………..
Signature………………………………………………………….
Date………………………………………………………………….