Express Toughening Ltd

Last updated: 1 October 2026

1. About Us

1.1 Express Toughening Ltd (“we”, “us” or “our”) is a company registered in England and Wales under company number 04097667.

Registered office:
51–55 Fowler Road
Hainault
Ilford
Essex
IG6 3XE

Telephone: 020 8500 1188
Email: info@expresstoughening.com
Website: expresstoughening.com

1.2 These Terms & Conditions apply to Goods supplied by us through expresstoughening.com, by telephone, email, quotation, trade account or otherwise, unless different terms have expressly been agreed.

1.3 Please read these Terms carefully before placing an Order. They contain important information relating to bespoke products, measurements, glass tolerances, inspection, delivery, installation and complaints.

1.4 Nothing in these Terms limits or excludes any rights that a Consumer has under applicable law.

2. Definitions

In these Terms:

“Business Customer” means any person, company, partnership, organisation or other entity purchasing Goods wholly or mainly for purposes relating to their trade, business, craft or profession.

“Consumer” means an individual purchasing Goods wholly or mainly for purposes outside their trade, business, craft or profession.

“Customer” means either a Consumer or Business Customer.

“Bespoke Goods” means Goods manufactured, cut, processed, toughened, laminated, painted, drilled, shaped or otherwise made or modified to the Customer’s specifications. This includes glass made to specific dimensions, shapes, templates, drawings, hole positions, cut-outs, corner requirements, edge finishes, colours, coatings or other individual manufacturing requirements.

“Goods” means any products supplied by us.

“Order” means the Customer’s order for Goods.

“Contract” means the contract between us and the Customer for the supply of Goods.

3. Basis of Contract

3.1 Product descriptions, quotations and prices are invitations to place an Order and do not themselves constitute acceptance of an Order.

3.2 The Customer is responsible for checking that all details contained in an Order, quotation, drawing or specification are correct before approval or submission.

3.3 A Contract is formed when we confirm acceptance of the Order for production or supply. An automated acknowledgement of receipt does not, by itself, constitute acceptance unless it expressly states otherwise.

3.4 We may contact the Customer where information is unclear, incomplete or appears technically unsuitable. Customers should not assume that we have independently verified their measurements or site information unless we have expressly agreed to provide that service.

3.5 If we identify an obvious pricing, description or technical error before accepting an Order, we may contact the Customer to clarify or correct it, or decline the affected item and refund any payment received for it. Once a Contract has been formed, changes or cancellation by us will require the Customer’s agreement unless we have a lawful right to make them.

3.6 Any amendment to an accepted Order must be agreed by us in writing. Changes cannot be guaranteed once manufacture or processing has commenced.

4. Bespoke and Made-to-Measure Goods

4.1 A large proportion of the Goods supplied by Express Toughening Ltd are manufactured specifically to Customer requirements.

4.2 Production of Bespoke Goods may begin shortly after an Order has been accepted.

4.3 Where Goods are made to a Consumer’s specifications or are clearly personalised, the statutory change-of-mind cancellation right for distance purchases does not generally apply. This exemption does not depend on production having started.

4.4 This includes, for example, glass manufactured to Customer-selected dimensions, shapes, hole positions, cut-outs or other individual specifications.

4.5 Correctly supplied Bespoke Goods cannot normally be cancelled or returned because:

• they are no longer required;
• the Customer has changed their mind;
• the Customer has supplied incorrect measurements or specifications;
• the Goods do not fit an opening, fitting or application because information supplied or approved by the Customer was incorrect; or
• circumstances at the installation site have changed.

4.6 This does not affect a Consumer’s statutory rights where Goods are faulty, damaged, not as described or otherwise fail to conform to the Contract.

4.7 A request to cancel or amend Bespoke Goods should be made immediately. Where production has not started, we will normally attempt to accommodate the request.

4.8 For Business Customers, where an agreed cancellation or amendment takes place after work, materials, manufacture or processing has commenced, we may charge a reasonable amount reflecting the work and costs already incurred.

4.9 Standard stocked Goods are not treated as bespoke merely because they are ordered from a catalogue or supplied after an Order is placed. For Consumer purchases, the legal cancellation exemption applies only where the Goods meet the relevant statutory definition.

5. Measurements, Drawings, Templates and Specifications

5.1 Customer-supplied information

Where dimensions, drawings, templates, CAD files, sketches, hole positions, cut-outs, radii, shapes or other specifications are supplied or approved by the Customer, the Customer is responsible for checking their accuracy and suitability.

5.2 Drawings

Where we produce a drawing or CAD file based upon measurements, sketches or information supplied by the Customer, the Customer must check the drawing carefully before approving it.

Approval confirms that, to the Customer’s knowledge, the dimensions, orientation, holes, cut-outs, shapes and other manufacturing information shown are correct.

5.3 Templates

Templates must accurately represent the required finished glass size and shape, including all required holes and cut-outs, and must be made from suitable rigid material.

5.4 Technical assistance

Unless we have expressly agreed to undertake a site survey, structural design, engineering calculation or measuring service, technical information or assistance provided by our staff does not amount to independent verification of Customer-supplied site measurements or site-specific design.

5.5 Building and structural requirements

The Customer is responsible for ensuring that the proposed product and installation are suitable for the intended location and comply with applicable Building Regulations, structural requirements and other legal or technical requirements, except to the extent that we have expressly contracted to undertake that work or have a responsibility imposed by law.

Where structural performance is relevant, advice should be obtained from a suitably qualified person.

5.6 Toughened glass

Customers should be aware that toughened glass cannot normally be cut, drilled or significantly altered after the toughening process has taken place.

5.7 Our responsibilities

Customer approval does not excuse an error introduced by us or remove responsibility for services we have agreed to provide. Nothing in this section limits a Consumer’s statutory rights concerning product descriptions, suitability or information provided by us.

6. Manufacturing Tolerances

6.1 Glass manufacturing and processing is subject to dimensional and production tolerances.

6.2 Unless otherwise specifically agreed, or a different applicable product standard requires otherwise, our general manufacturing tolerance is ±2mm for overall glass dimensions, drill-hole positions and cut-out locations.

6.3 Product-specific tolerances or applicable British, European or other recognised technical standards may take precedence where appropriate.

6.4 Goods falling within the applicable manufacturing tolerance will not be considered defective merely because the finished dimensions vary slightly from the nominal dimensions ordered. This does not override an expressly agreed requirement or a Consumer’s statutory rights.

6.5 Further information about our quality standards is available on our Quality and Ethical Responsibilities page.

7. Glass Appearance and Natural Characteristics

7.1 Glass is a manufactured material and its appearance can vary depending upon glass type, thickness, processing, lighting, viewing angle and surrounding conditions.

7.2 Characteristics that may occur, depending upon the type of glass, include:

• slight colour or tint variations;
• the natural green tint associated with standard clear glass;
• minor optical distortion;
• roller wave or edge lift associated with thermally processed glass;
• anisotropy or iridescent patterns visible in certain lighting conditions;
• minor inclusions or bubbles permitted within the applicable product standard;
• variations associated with laminated interlayers;
• minor coating characteristics; and
• manufacturing marks or visual characteristics that fall within the applicable quality standard.

7.3 Low-iron glass can significantly reduce the natural green appearance of standard clear glass but does not make glass completely colourless.

7.4 Illumination, including LED lighting, edge lighting, spotlights or strong artificial lighting, may make minor characteristics significantly more visible than under normal use.

7.5 Visual quality is assessed under normal viewing conditions appropriate to the product and its agreed intended use, with reference to relevant British or European standards and recognised glass-industry guidance where applicable.

7.6 Glass should normally be assessed clean and dry, under ordinary daylight conditions and from a normal viewing position rather than by close inspection using torches, spotlights, magnification or unusually oblique lighting, except where the applicable technical standard or agreed use provides otherwise.

7.7 A characteristic does not constitute a defect solely because it can be detected under exceptional lighting or very close inspection, provided that the Goods meet the applicable contractual and legal quality requirements.

7.8 Nothing in this section affects a Consumer’s statutory right to receive Goods of satisfactory quality, fit for the relevant purpose and as described. Compliance with a technical standard does not, by itself, remove those rights.

8. Toughened Glass and Breakage

8.1 Toughened glass is a safety glass designed to break into relatively small particles when fractured.

8.2 Glass may break as a result of impact, damaged edges, installation stresses, incompatible fittings, movement, improper handling or storage, thermal stress and other external causes.

8.3 Thermally toughened glass can also, in rare cases, experience spontaneous breakage associated with inclusions within the glass.

8.4 Heat-soak testing is available for appropriate products where specified and ordered. Heat-soak testing materially reduces the risk associated with certain inclusions but cannot guarantee that spontaneous breakage will never occur.

8.5 Heat-soak testing will only be carried out where it forms part of the accepted Order.

8.6 Breakage after delivery will be investigated using the available evidence and relevant technical standards. This does not change the statutory rules governing who must prove the cause of a fault in a Consumer sale.

8.7 We are not responsible for breakage caused by misuse, impact, edge damage, unsuitable handling or storage, incorrect installation, unsuitable or overtightened fittings, modifications, abnormal structural movement or other causes for which we are not legally responsible.

8.8 This section does not exclude liability where the Goods were defective or failed to conform to the Contract when supplied.

9. Product Suitability and Installation

9.1 Unless installation is specifically included in our Order confirmation, our Contract is for the supply of Goods only.

9.2 The Customer is responsible for ensuring that installation is undertaken safely and competently and that the supporting structure, fixings and fittings are suitable for the application, except to the extent that we have agreed to undertake that work or have a responsibility imposed by law.

9.3 Product installation guides and information supplied by us should be followed where applicable.

9.4 General product guidance should not be treated as a site survey or structural engineering assessment unless we have expressly agreed to provide that service.

9.5 Where Goods are to form part of a balustrade, Juliet balcony, partition, shower enclosure, structural glazing installation or other safety-critical application, responsibility for the overall design and suitability of the installation remains with the person responsible for that design, except to the extent that we have expressly contracted to provide those services or have a responsibility imposed by law.

10. Delivery

10.1 Delivery times are estimates unless we expressly agree a delivery date or period. This does not affect statutory rights concerning delivery.

10.2 Glass manufacture can be affected by production issues, material availability, remakes, quality checks, vehicle problems, weather, courier disruption and other events.

10.3 We will make reasonable efforts to meet estimated delivery dates and will notify the Customer where we become aware of a material delay.

10.4 For Consumers, unless a different delivery time has been agreed, Goods will be delivered without undue delay and within the statutory 30-day period. Consumers retain their legal rights where delivery is late, including any right to end the Contract and receive a refund.

10.5 Kerbside delivery

Unless agreed otherwise, deliveries are kerbside only.

Our delivery personnel are not required to:

• carry glass into a property;
• transport glass through a building;
• install Goods; or
• move Goods beyond the safe unloading point.

10.6 Heavy and oversized Goods

Where Goods:

• exceed 2 metres in length;
• weigh more than 30kg;
• comprise toughened laminated glass; or
• otherwise require assisted unloading,

the Customer must ensure that sufficient people capable of safely assisting and, where necessary, suitable lifting equipment are available.

Unloading must not proceed where it cannot be carried out safely. These arrangements do not alter the passing of risk described in section 11.

10.7 Access

The Customer must tell us before delivery about relevant access restrictions, including narrow roads, width or weight restrictions, controlled parking, low bridges or other circumstances affecting delivery.

Where delivery cannot safely or lawfully be completed because adequate access or agreed unloading arrangements have not been provided, a reasonable failed-delivery or re-delivery charge may be payable where permitted by law.

10.8 Customer availability

Someone authorised to receive the Goods must be available where we have notified the Customer that attendance is required.

11. Risk During Delivery

Consumers

11.1 Where the Customer is a Consumer, the Goods remain at our risk until they come into the physical possession of the Consumer or a person identified by the Consumer to receive them.

The exception is where the Consumer independently commissions a carrier that we did not offer. In that situation, risk passes when the Goods are handed to that carrier, as provided by law.

Business Customers

11.2 For Business Customers, risk in the Goods passes on delivery at the agreed delivery location.

11.3 Where a Business Customer independently arranges its own carrier to collect Goods from us, risk passes when the Goods are handed to that carrier.

12. Inspection on Delivery

12.1 Because glass is fragile, Customers are strongly encouraged to inspect deliveries as soon as reasonably practicable.

12.2 Wherever possible, obvious transit damage or shortages should be noted with the driver or courier.

12.3 Customers are requested to notify us of visible transit damage, shortages or incorrect items within 3 working days of delivery so that we can investigate promptly with our transport team or carrier.

12.4 For Consumers, this three-working-day reporting request does not remove or reduce statutory rights concerning Goods that are faulty, damaged, not as described or otherwise do not conform to the Contract.

12.5 Business Customers must notify visible transit damage, shortages or incorrect items as soon as reasonably practicable and normally within three working days.

12.6 Signing a delivery note, or failing to identify a defect immediately on delivery, does not by itself remove a Consumer’s statutory rights.

13. IMPORTANT — Inspection Before Installation or Further Processing

13.1 All Goods should be inspected before installation or further processing.

13.2 This inspection should, where reasonably practicable, include checking:

• dimensions;
• glass type and thickness;
• holes and cut-outs;
• edge finish;
• colour, tint or coating;
• visible scratches or other apparent surface issues;
• quantity; and
• whether the Goods correspond with the Order.

13.3 The Customer should carry out this inspection before the Goods are:

• installed;
• bonded or siliconed into position;
• permanently fixed;
• drilled, cut or altered;
• covered by frames or trims;
• coated;
• painted;
• fitted with manifestation, vinyl, film or graphics; or
• otherwise processed or incorporated into other works.

13.4 If an apparent defect, damage or discrepancy is discovered, the Customer should:

• stop work on the affected item;
• take clear photographs;
• retain the Goods and, where reasonably possible, relevant packaging;
• notify us promptly; and
• allow us a reasonable opportunity to inspect the Goods and propose an appropriate remedy.

13.5 A Customer should not knowingly continue installing or modifying an item that appears damaged, incorrect or defective without first contacting us, unless immediate work is reasonably necessary for safety or to prevent further loss.

13.6 Where additional costs could reasonably have been avoided by stopping work and allowing us an opportunity to investigate or rectify an apparent problem, our responsibility for those additional costs may be reduced accordingly, to the extent permitted by law.

13.7 Installation or further processing does not automatically mean that faulty Goods have been accepted or that a Consumer has lost their statutory rights.

14. Complaints and Faulty Goods

14.1 If the Customer believes that Goods are faulty, damaged or do not conform to the Order, they should contact us promptly at:

info@expresstoughening.com
020 8500 1188

14.2 To assist us in investigating, we may reasonably request:

• the Order number;
• photographs or videos;
• dimensions or measurements;
• a description of the issue;
• photographs showing the entire pane as well as the area complained of;
• information about storage, handling or installation; and
• access to the affected Goods for inspection.

14.3 Where inspection is reasonably necessary to investigate a complaint, the Customer should give us a reasonable opportunity to inspect the Goods. We will arrange this appropriately and without imposing unreasonable conditions on the exercise of Consumer rights.

14.4 Where possible and safe, Goods should be retained until the complaint has been resolved.

15. Consumer Remedies

15.1 If the Customer is a Consumer, nothing in these Terms affects their statutory rights under the Consumer Rights Act 2015 or other applicable consumer law.

15.2 Goods supplied to Consumers must, amongst other requirements imposed by law, be of satisfactory quality, fit for any particular purpose made known to us where the Consumer reasonably relies upon us, and match their description.

15.3 Depending on the circumstances, statutory remedies may include:

• the short-term right to reject;
• repair or replacement;
• a price reduction; or
• the final right to reject.

15.4 The remedy available will depend upon the nature of the problem, when it arises and the applicable law.

15.5 Where the law requires us to bear necessary costs associated with a valid remedy, including repair or replacement, nothing in these Terms prevents that right.

15.6 Where reasonably practicable, the Customer should give us an opportunity to investigate and arrange an appropriate remedy before appointing a third party to undertake remedial work. This does not require the Customer to delay urgent work needed for safety or to prevent further loss, or prevent them from exercising a statutory right to reject.

16. Labour, Installation and Other Third-Party Costs

16.1 Customers are strongly advised not to book installers, contractors or other irreversible works until the Goods have been received and reasonably inspected.

16.2 We appreciate that project programmes sometimes require contractors to be booked in advance. Estimated manufacturing or delivery dates should not be treated as guaranteed unless expressly agreed.

16.3 If Goods appear damaged, incorrect or defective, the Customer should contact us before incurring additional removal, installation, manifestation, decoration, fabrication or other remedial costs, where reasonably practicable.

16.4 Responsibility for third-party charges will depend upon the circumstances and applicable law. Relevant considerations include whether the costs were reasonably incurred, foreseeable and avoidable, and whether we had a reasonable opportunity to investigate and remedy the issue.

16.5 Where a Customer knowingly proceeds with installation or further work despite an apparent defect or discrepancy, we will not be responsible for additional costs that could reasonably have been avoided, to the extent permitted by law.

16.6 Nothing in this section excludes necessary costs or other losses for which we are legally responsible under applicable Consumer law.

17. Partial Complaints

17.1 A defect affecting one item does not automatically mean that other conforming items in the same Order are defective.

17.2 Where appropriate and lawful, complaints and remedies will be dealt with in relation to the affected Goods rather than the entire Order.

17.3 Nothing in this section restricts any statutory right a Consumer may have to reject a commercial unit or exercise another remedy where the law permits.

18. Change-of-Mind Returns for Consumers

18.1 This section applies to Consumers purchasing standard, non-bespoke Goods at a distance, including qualifying online, telephone and email purchases.

18.2 Subject to statutory exceptions, a Consumer may cancel without giving a reason up to 14 days after the day on which the Goods are received. Where an Order is delivered in separate consignments, the relevant period normally begins after receipt of the last item.

18.3 Unless we have agreed to collect the Goods, the Consumer must send them back without undue delay and within 14 days after notifying us of cancellation.

Goods should be returned to:

Express Toughening Ltd
51–55 Fowler Road
Hainault
Ilford
Essex
IG6 3XE

18.4 The Consumer is responsible for the direct cost of returning Goods following a change-of-mind cancellation where we have provided the required information before the Contract was made. For Goods that cannot normally be returned by post, this includes any return-cost information required by law. Where that information has not been provided, we will bear the return costs as required by law.

18.5 The Consumer may handle Goods as reasonably necessary to establish their nature, characteristics and functioning. Where permitted by law, we may deduct an amount reflecting a reduction in value caused by handling beyond that level. Original packaging is helpful but is not an absolute condition of a statutory cancellation or faulty-goods claim.

18.6 Where the whole relevant Contract is cancelled, the refund will include the basic outbound delivery charge. We do not have to refund any additional amount paid for an enhanced delivery method over and above our least expensive generally available delivery option.

18.7 This change-of-mind cancellation right does not generally apply to Goods made to the Consumer’s specifications or clearly personalised, as explained in section 4.

18.8 Faulty, damaged or misdescribed Bespoke Goods remain subject to the Consumer’s statutory rights.

18.9 We do not charge a cancellation, administration or restocking fee where a Consumer exercises their statutory change-of-mind cancellation right.

18.10 Refunds will be made without undue delay. Where Goods are being returned, reimbursement will be made within 14 days after we receive the Goods or evidence that they have been sent back, whichever occurs first. Where we have offered to collect the Goods, reimbursement will be made within 14 days after notification of cancellation.

18.11 Refunds will use the original payment method unless the Consumer expressly agrees otherwise, and the Consumer will not incur a fee for the refund.

18.12 To cancel, the Consumer must communicate a clear decision to us. This can be done by emailing info@expresstoughening.com, writing to the address above or contacting us by telephone. The optional form below may be used, but its use is not compulsory.

Optional cancellation form

To: Express Toughening Ltd, 51–55 Fowler Road, Hainault, Ilford, Essex IG6 3XE
Email: info@expresstoughening.com

I hereby give notice that I cancel my contract of sale of the following goods:

Goods and Order reference: ______________________________

Order date: ______________________________

Delivery date: ______________________________

Customer name: ______________________________

Postal address: ______________________________

Signed, if submitting on paper: ______________________________

Notice date: ______________________________

19. Business Customer Returns and Remedies

19.1 Business Customers have no automatic right to return correctly supplied Bespoke Goods.

19.2 Returns of standard Goods by Business Customers require our prior authorisation and may be subject to a reasonable restocking or handling charge notified to the Customer.

19.3 Subject to the liability provisions in these Terms and applicable law, where Goods supplied to a Business Customer are shown to have been defective when risk passed, we may at our option:

• repair the affected Goods;
• replace the affected Goods; or
• refund the price of the affected Goods.

A credit may be provided instead of a refund where agreed with the Business Customer.

19.4 The Business Customer must provide us with a reasonable opportunity to inspect and remedy a problem before undertaking third-party remedial work, except where immediate action is reasonably necessary for safety or to prevent further loss.

19.5 Defects that could not reasonably have been identified on initial inspection should be reported promptly after discovery. A Business Customer should provide reasonable supporting information and retain the affected Goods for inspection where practicable.

20. Storage and Handling After Delivery

20.1 Glass must be handled carefully and supported appropriately.

20.2 Unless specifically intended for external storage, glass should not be stored outdoors or exposed unnecessarily to weather, standing moisture or contaminants.

20.3 Glass should be stored upright using suitable supports and protection and in accordance with appropriate industry handling practice.

20.4 Damage caused after delivery through unsuitable storage, handling or site conditions is not a manufacturing defect.

20.5 This section does not alter the passing of risk under section 11 or exclude responsibility for damage attributable to us.

21. Collection Orders and Uncollected Goods

21.1 Customers will be notified when collection Orders are ready where appropriate.

21.2 Goods should be collected promptly following that notification.

21.3 If Goods remain uncollected for more than 14 days, a reasonable storage charge may apply where the basis of that charge has been disclosed and agreed as required by law. We will give reasonable notice before charging begins.

21.4 If Goods remain uncollected for an extended period despite reasonable attempts to contact the Customer, we may give written notice requiring collection by a specified final date.

21.5 If the Goods are still not collected after that date, we may exercise rights available to us under applicable law concerning storage, sale or disposal of uncollected Goods. Any statutory notice requirements will be followed.

22. Price and Payment

22.1 The price payable is the price confirmed when the Order is accepted, subject to subsequently agreed changes.

22.2 VAT will be charged at the applicable rate. Prices presented to Consumers will include VAT where applicable, and delivery charges or other unavoidable charges will be disclosed as required by law.

22.3 Unless credit terms have been agreed, payment is required before manufacture or supply.

22.4 Where a Business Customer has an agreed credit account, payment must be made within the agreed credit period.

22.5 If a Business Customer fails to make payment when due, we may suspend further manufacture or delivery until overdue sums are paid, subject to applicable law and any agreed arrangements.

22.6 Credit facilities may be reviewed, reduced or withdrawn where reasonable in the circumstances. This does not automatically change the payment terms of an existing Contract.

23. Retention of Title — Business Customers

23.1 This section applies to Business Customers.

23.2 Ownership of Goods will remain with us until we have received payment in full for those Goods.

23.3 Until ownership passes, the Business Customer must take reasonable care of the Goods and, where practicable, keep them identifiable as Goods supplied by us.

23.4 This section does not affect the passing of risk under section 11.

24. Promotions and Discounts

24.1 From time to time we may offer promotional prices or discounts.

24.2 Promotions apply during the advertised period and subject to specific conditions stated with the promotion.

24.3 Unless otherwise stated, promotions cannot be used in conjunction with another promotion, trade pricing arrangement or discount.

24.4 Promotional codes must be entered at the appropriate stage of checkout where required and cannot normally be applied retrospectively.

24.5 Promotions are subject to availability.

24.6 We may amend or withdraw a promotion before an Order is placed. This does not affect Orders already accepted at the promotional price.

24.7 Goods purchased at a promotional price remain subject to the same applicable statutory rights as Goods purchased at their usual price.

25. Events Outside Our Reasonable Control

25.1 We will not be responsible for delay to the extent that it is caused by circumstances outside our reasonable control that we could not reasonably have prevented or overcome. Examples may include serious transport disruption, extreme weather, fire, flood, industrial action, failure of utilities or exceptional supply-chain disruption.

25.2 We will notify the Customer of a material delay and take reasonable steps to reduce its effects.

25.3 Consumer rights relating to delayed delivery, cancellation, refunds and other statutory remedies remain unaffected.

26. Liability to Consumers

26.1 Nothing in these Terms limits or excludes liability where it would be unlawful to do so.

26.2 In particular, nothing excludes liability for:

• death or personal injury caused by our negligence;
• fraud or fraudulent misrepresentation; or
• statutory Consumer rights that cannot legally be excluded or restricted.

26.3 If we fail to comply with the Contract, we are responsible for loss or damage suffered by a Consumer that is a foreseeable result of our breach or negligence, subject to applicable law.

26.4 For qualifying Consumer purchases, we do not accept liability for business losses such as lost profit, lost revenue or business interruption to the extent permitted by law. This does not remove rights or remedies that the Customer has as a Consumer.

27. Liability to Business Customers

27.1 This section applies only to Business Customers.

27.2 Nothing in these Terms excludes or limits liability for:

• death or personal injury caused by negligence;
• fraud or fraudulent misrepresentation; or
• any other liability that cannot lawfully be excluded or limited.

27.3 Subject to clause 27.2, we will not be liable to a Business Customer for:

• loss of profit;
• loss of revenue;
• loss of anticipated savings;
• loss of business;
• loss of contracts;
• loss of goodwill; or
• indirect or consequential loss.

27.4 Subject to clause 27.2, our total aggregate liability arising from an Order shall, to the fullest extent permitted by law, not exceed the total price paid or payable to us for the affected Order.

27.5 The limitations in this section apply only to the extent that they are reasonable and enforceable under applicable law.

28. Resale and Supply to Third Parties

28.1 Business Customers who resell or install our Goods are responsible for passing on relevant product, safety, storage, handling and installation information to their own customer or installer where appropriate.

28.2 Our contractual relationship is with the Customer identified on our Order and invoice unless expressly agreed otherwise. This does not exclude any rights or liabilities that arise independently under applicable law.

29. Information on Our Website

29.1 We take reasonable care to keep product information accurate.

29.2 Images are illustrative and colours, tints, reflections and finishes displayed on a screen may not exactly reproduce the appearance of the physical Goods. This does not affect the requirement that Goods match their description and any agreed specification.

29.3 Technical information may be updated as products, standards or manufacturing processes change. Updates do not retrospectively alter an existing Contract.

29.4 Where there is a conflict between these Terms and a specific quotation or Order confirmation agreed by us and the Customer, the specific agreed provision will take precedence in relation to that matter. Consumer rights and requirements concerning changes to contractual information remain unaffected.

29.5 Our Quality and Ethical Responsibilities and Shipping & Returns information should be read alongside these Terms. Any relevant information forming part of the Contract is the information applicable when the Contract was made. Nothing on those pages overrides statutory Consumer rights.

30. Changes to These Terms

30.1 We may update these Terms from time to time.

30.2 The Terms applicable to an Order are those in force when the Contract is formed, unless the Customer and we expressly agree otherwise.

31. Severability

31.1 If any part of these Terms is found by a court or other competent authority to be unlawful or unenforceable, the remaining provisions will continue to apply to the extent permitted by law.

32. Waiver

32.1 If we do not immediately enforce a right under these Terms, this does not mean that we have waived that right.

33. Third-Party Rights

33.1 Except where expressly stated otherwise, a person who is not a party to the Contract has no right to enforce its terms under the Contracts (Rights of Third Parties) Act 1999. This does not affect rights or remedies that exist independently of that Act.

34. Governing Law and Courts

Consumers

34.1 These Terms are governed by English law, but Consumers retain mandatory protections provided by the law applicable to them.

34.2 Consumers may bring proceedings in any court that has jurisdiction under applicable Consumer law.

Business Customers

34.3 Contracts with Business Customers are governed by the law of England and Wales.

34.4 The courts of England and Wales shall have exclusive jurisdiction in relation to disputes with Business Customers.

35. Contacting Us

If you have questions about an Order, delivery or these Terms, please contact:

Express Toughening Ltd
51–55 Fowler Road
Hainault
Ilford
Essex
IG6 3XE

Telephone: 020 8500 1188
Email: info@expresstoughening.com
Website: expresstoughening.com