Terms & Conditions
All quotations are submitted and all orders accepted solely upon and subject to the following terms and conditions (if any) as may be expressly accepted by The Company in writing. All variations require the signature of a Director to be bonding on the Company. No other agent, servant or representative of the Company has any authority whatsoever to vary the terms and conditions of the quotation submitted or approved by the Company.
Acceptance of delivery of goods or part thereof shall constitute acceptance of these conditions where acceptance has not previously been communicated by the customer to the Company.
The Company uses high quality glass but does not guarantee that the glass used is perfect and does not undertake that it will be free from minor imperfections such as blister, bubbles or fine scratches which result from the process of manufacture.
Condensation may be caused by a number of different factors. Double glazed sealed unit windows or doors within the installation will normally reduce or sometimes eliminate condensation but they will not and cannot do so in all cases. The Company does not warrant that condensation will be prevented, reduced or eliminated (except between glass panes in a sealed unit) and no agent, servant or representative of the Company has any authority to give any such warranty.
The survey carried out by the Company is for the Company’s own purposes and is not a technical or structural survey. Any drawing documents or other information supplied by the Company is supplied on the understanding that copyright is reserved to the Company.
In accordance with the Company’s policy of continual improvement the right is reserved to modify or amend without notice to the customer the specification of any of its products. In such circumstances the Company warrants that the modified or amended specification will not be less suitable for the customers purposes that the original specification.
Guarantee. Subject to the exclusions set out below the Company guarantees to repair or replace without charge for either labour or materials the whole or any part of the product (as appropriate) if written notice clearly identifying the defect complained of is delivered to the Company within 10 years for UPVC windows and 5 years for Mahogany windows of the date of installation provided always that any such effect has not been caused or contributed to by the submissions of the customer.
Exclusions. Expressly excluded from the guarantee set out in clause 7 above is any liability for optical effects attributable to natural phenomena, minor imperfections, in glass referred to in clause 3 above, damage caused by deliberate act, misuse or negligence (other than on the part of the Company), any claims relating to the reduction or elimination of condensation (other than condensation between panes of glass ), and deflection where the same does not impact upon the performance or structural stability of the goods supplied.
The Company is not responsible for the removal of furniture, carpets, curtains, alterations to pelmets, blinds or curtain tracks or poles, painting or redecorating generally where the same has been disturbed, any glass breakage after completion of the installation or damage to the to the product occasioned by the customers other contractors carrying out any building works relating to the contract. The Company’s specifications as to where the base, or where the base has been constructed inadequately or incorrectly and the Company has not undertaken such works in relation to the base.
The customer is responsible for affording full access to the premises for the installation of the product at all reasonable times, and for obtaining any necessary planning permissions, building regulations approvals or other permissions prior to installation and for the removal or resisting prior to installation of any services. If required for the purposes of the contract, the customer is also responsible for giving access to mall mains services and for obtaining any necessary permission for the Company’s employees to gain access to adjoining properties for the properties of carrying out the contract.
No warranty is given or to be implied against any existing structural defects of the customer’s property nor will the installation of any of the Company’s products improve or rectify any existing defect to the fabric of the customer’s property.
Time. Time is not of the essence of this contract. Work will be commenced by the Company as soon as possible after placing of the order liability cannot be accepted for any delay due to circumstances beyond the Company’s control.
Title. Risk shall pass to the customer when goods or any part thereof have been delivered to the customer and delivery accepted by the customer. The customer is responsible for all subsequent loss damage or deterioration.
Title in the goods or any part thereof shall pass to the customer when payment in full thereof has been made and the customer shall permit the servants or agents of the Company to enter on to the customer’s premises and to repossess the goods at any time prior to passing of title and in the event of the goods being at the premises of a third party by the direction of the customer, then the customer shall is so required by the Company in writing to remove the goods from such premises and return them to the Company forthwith. The customer shall only be at liberty to sell the goods purchased from the Company prior to the passing of title on the understanding that if the customer does sell the goods then the customer will hold on trust for the Company so much of the proceeds of sale received by the customer under a contract which includes any of the goods hereby sold either in their original or altered state as are necessary to discharge payment in full to the Company.
Payment. Payment terms are net. The final payment due under the contract shall be made by the customer on completion of the installation. In the event that payment is not made by the customer on or before the due date for payment then the customer shall (without prejudice to the right of the Company to enforce payment forthwith) pay interest on the amount outstanding at the rate of 3 % p.a. above the Bank of England minimum lending rate at the relevant time from the due date of payment until payment is made by the customer.
Termination. The company reserves the right to suspend or terminate this agreement (without liability to the customer) in any of the following circumstances.
i) Where, in the judgement of the Company, the report of the Company’s surveyor suggests that the installation is unlikely to meet the standards required by both the Company and the customer.
ii) If the customer becomes bankrupt.
iii) If the customer shall have failed to pay any sum due to the Company within 7 days of the date due for payment, in which case the Company shall be entitled to treat the contract as repudiated by the customer and claim damages in respect of all loss, damage, costs and expenses suffered or incurred thereby including loss of profit.