JUST ALUMINIUM LIMITED

1. DEFINITIONS
“The Purchaser” means the person or company with whom the Supplier has supplied goods or materials.
“The Supplier” means JUST Aluminium Limited
“The Contract” means the Purchaser’s contract order or any Purchase Order given to the Supplier but excluding any terms or
conditions of contract contained therein unless specifically agreed in writing by a Director of the Supplier
“The Specification” includes the description of the goods to be provided as set out in the Contract including requirements,
samples, patterns and any drawings forming part of the Purchaser’s own contract with his Employer insofar as they are
provided to the Supplier by the Purchaser within such reasonable time to enable the Supplier to incorporate such Specification
into his supply.
” Guarantee” means the guarantee issued by the Supplier to the Purchaser which shall run for 12 months from the delivery date

2. These Conditions shall form part of the Supply agreement. Unless expressly accepted in writing by a Director of the
Supplier, no alternative to or qualification of these terms and conditions shall be deemed to apply to the Supply agreement
whether contained in any of the Purchaser’s written or printed documents or otherwise.

3. All Goods and Materials provided under the Supply contract shall be in accordance with the Specification unless specified
otherwise.

4. Material samples submitted for approval by the Supplier show substance and general character only. Colour, size,
thickness or shape cannot be guaranteed. Technical information quoted is based on information generally distributed by
manufacturers and the Supplier cannot warrant its accuracy. It is the Purchasers responsibility to advise the Supplier of the product specification they require. The Supplier can not advise on the U Value’s, ventilation or building regulations required for the Purchasers individual project. The Supplier must set independent advise if they are unsure.

5. All Goods and Materials either collected by the Purchaser or delivered to the Purchaser’s site by the Supplier will remain the
Supplier’s property with title fully vested in the Supplier until the Purchaser has paid for the Goods and Materials in full and if
the Purchaser defaults in respect of any obligations to make payments under the contract the Supplier may enter the site and
repossess and remove the materials until such time as all sums due have been paid in full. The risk of loss or damage to the
goods remains at all times with the Purchaser.

6. The prices quoted are based upon dimensions, quantities, drawings and specifications given at time of order. Should any
variation to the Supply by way of addition, omission, alteration or substitution result in additional costs to the Supplier, the
Purchaser shall pay such additional costs including any such reasonable profit that the Supplier may apply. Any changes to an order once deposit has been paid will be accommodated if possible, but not guaranteed and any additional costs must be paid in full.

7. Time for completion is not of the essence of this contract. Delivery dates quoted by the Supplier may be extended without
express agreement of the Purchaser if delay in supply of the materials is caused by circumstances beyond the Supplier’s
reasonable control. The Supplier will use his best reasonable endeavours to ensure that the Goods being supplied are
supplied within the time stated in the Supplier’s Quotation, otherwise within a reasonable time.

8. Payment
a) The following terms will apply unless notified otherwise in writing by a Director of the Supplier.
(b) A 50% deposit is due on placement of the order for goods or materials. No order shall be processed without payment of
the deposit. The remaining balance is due 7 days prior to estimated delivery date.
(c) The Supplier will invoice for the full sum, plus any applicable VAT and less the deposit previously paid, upon collection (or
delivery) of the Goods and Materials ordered by the Purchaser. It is a condition precedent of this contract that the sums on the
invoice become immediately due and are immediately payable. The Supplier reserves the right not to release such Goods and
Materials to be supplied until payment is made in full. Once the deposit is paid, the Contract can not be cancelled and the deposit is non-refundable.
(c) Payment shall be by way of bank transfer, credit or debit card made payable to the company.
(d) The Purchaser will not be entitled to withhold payment in whole or in part of any sum due unless he issues a written notice
of intention to withhold payment not less than 5 days before the final date for payment specifying the amount proposed to be
withheld and the ground for the withholding or if there is more than one ground each ground and the amount attributable to it.
In any event no set-off or abatement will be permitted by reference to any sum due under one or more other contracts.
(e) The Purchaser will not be entitled to make any retention, unless provided for in the Quotation or otherwise agreed in writing
by a Director of the Supplier.
(f) If any payment is not made by the Purchaser by the final date for payment the Supplier will be entitled to statutory
compensation and to charge interest, pursuant to the Late Payment of Commercial Debts Act. The applicable rate is 8% per
annum above Bank of England base rate from time to time. In addition the Supplier will after the expiry of seven days from the
giving of written notice to this effect to the Purchaser, be entitled to cease or suspend the Works and any works under any
other contract with the Purchaser until such outstanding sum is paid

9. Guarantee
(a)The Supplier will rectify at its own cost any defects or faults which appear and are notified by the Purchaser to the Supplier
in writing within 48 hours of completion of the supply taking place and are due to defective workmanship by the Supplier or
defective materials supplied by the Supplier. The Supplier shall be afforded reasonable opportunity and facilities to investigate
such claims.
(b)All goods are supplied on the basis that no guarantee is given regarding freedom from condensation, minor imperfections
or shape variations in the glass

10. The Supplier will take reasonable care to supply materials of adequate quality and to manufacture the Works in a good
and workmanlike manner, but will not be liable for any consequential loss or damage suffered by the Purchaser however
arising save for any manufacturer’s warranty.

11. JUST Aluminium shall not be liable for the Products failure to comply with the warranty if any of the following events:
(a) if the defect arises because you failed to follow JUST Aluminium ‘s oral or written instructions as to the storage,
installation, use and maintenance of the Products.
(b) if you alter or repair the Products without the written consent of JUST Aluminium or you use the Products for any purpose
other than as intended.
(c) if the defect arises as a result of wilful, malicious or accidental damage, improper use, negligence, or abnormal storage or
working conditions.
(d) if the defect arises as a result of damage caused by fire or explosion.
(e) if the total price of the Products has not been paid by the due date for payment.
(f) if the Products have not been fitted or installed correctly, have not been fitted or installed by an JUST Aluminium
installer or have not been fitted or installed by an installer who has received delegated approval status from JUST Aluminium.
(g) if JUST Aluminium was not notified as the time of purchase that the Products were going to be fitted in a property
which is in close proximity to the sea.
(h) if a defect arises because of floods, lightening, or extreme weather conditions, or any other external influences.

12. The Supplier reserves the right to cancel all or part of orders to the Purchaser without charge.

13. Delivery
a) Unloading of the glass or frames at the nominated delivery point is the responsibility of the purchaser and no charge
will be accepted by JUST Aluminium for this operation.
b) Delivery is deemed to be at the roadside of the delivery address on the order confirmation
c) JUST Aluminium will assist the purchaser on occasions in the unloading glass or frames to the edge of the delivery vehicle only.
d) From that point the glass and frames become the responsibility of the purchaser and all damage/breakages if
applicable will be at the purchaser’s risk
e) It is the purchasers responsibility to ensure suitable physically able persons, PPE and lifting equipment for the
size/weight of the goods will be on site to unload the products.
f) Information can be provided on the weights of the individual items on request prior to delivery
g) We may refuse to deliver if in our, or our drivers opinion it would be unsafe to do so
h) If there are any parking restrictions you must advise us prior to delivery
i) If a parking permit is required, this must be available on the day of delivery
j) Any meter or parking fees are to be paid by the customer
k) If there is no-one at the delivery address at the agreed time of delivery, delivery will be re-scheduled at the
convenience of the company and the purchaser will be subject to a £75.00 plus VAT charge
l) It is the purchasers responsibility to ensure the correct quantity of goods are checked on delivery and to acknowledge
that they have been received in good condition. If the purchaser or agent requests the good are left and unsigned for,
or the delivery note is marked “unchecked” at the time of delivery, the company will not accept subsequent claims
made in relation to the goods.
m) Where we estimate a delivery in advance, we will make reasonable efforts to deliver on time. If we need to change the
proposed delivery date and time we will contact you in advance but we reserve the right to change the delivery date at
any time on notice and we will not be liable for any costs or damages if the time agreed has to be rearranged.

14. The Purchaser shall be liable for and shall maintain such insurances as necessary to indemnify the Supplier against any
liability, loss, claim, or proceedings whatsoever arising in respect of personal injury to or death of any person or in respect of
any injury or damage whatsoever to any property arising out of the course of or caused by the carrying out of the supply of the
goods being provided by the Supplier unless due to any act or neglect of the Supplier, his servants or agents.

15. The Purchaser shall not have the right to set off against any amount due from him to the Supplier any sum or sums which
at the date of set off are due and owing to the Supplier under any Contract whatsoever between the Purchaser and the
Supplier or between the Purchaser and any company which is either a subsidiary of the Supplier within the meaning of Section
736 of the Companies Act 1985 or which is an associated company of the Supplier. For the purposes of this clause only
“associate company” means (a) a company which directly or indirectly owns or holds more than 50% of the share capital or
voting interest of the Sub-Supplier or (b) a company in which more than 50% of the share capital or voting interests are owned
or held directly or indirectly by a company falling within sub-paragraph (a) above.

16. Notwithstanding that this contract is a contract for the supply of Materials and Goods, either party may at any time by
giving written notice to the other, refer any dispute or difference under or in connection with the Supply Contract to
adjudication. Unless otherwise agreed the adjudicator shall be appointed and the adjudication conducted in accordance with
the adjudication procedures as set out in the Scheme for Construction Contracts. The adjudicator’s decision is binding until
the dispute or difference is finally determined by Arbitration under the CIMAR rules, or the Courts.

17. This Supply contract shall be construed in accordance with English law.

18. Claims Procedure. To contact JUST Aluminium regarding a claim please write to JUST Aluminium at our Head Office address or by email to sales@justaluminium.com