Standard Terms and Conditions of Sale Select Windows
1. Definitions In these conditions ‘’the Company’’ means Select Windows, ‘’the Customer’’ or ‘’You’’ means the person or persons or company to whom this document is addressed and whose details are set out overleaf. The ‘’Works’’ means the works, goods and services which the Company has agreed to provide to You subject to these terms and conditions, full details of which, subject to any agreed variations or additions, are set out overleaf and shall include any such agreed variations or additions.
The ‘’Premises’’ means the address overleaf unless otherwise agreed. The ‘’Contract Price’’ means the price for the Works set out overleaf, subject to any variations provided for by the terms and conditions.
2. Conditions 2.1 The contract between the Company and the Customer is subject to these conditions. These conditions shall apply except where they have been expressly varied in writing and approved by both parties. No employee, servant, agent or director of the Company has any power or authority to vary these conditions orally. 2.2 Any additional work not set out overleaf must be expressly agreed in writing and approved by both parties and shall be subject to these conditions 2.3 Unless expressly agreed in writing, the Works will be carried out at the address set out overleaf.
3. Planning Permission/Building Regulations The Company is not qualified to give the Customer expert advice in respect of planning permission or restrictive covenants which may affect the Premises or the Works. Please note that the Company are not and do not employ chartered surveyors and do not have detailed knowledge of local By-laws and restrictive covenants which may apply to the Works. It is entirely the responsibility of the Customer to check before entering into this contract whether planning permission may be required or whether there are restrictive covenants which may affect the Premises and the Works. The Company cannot be responsible for any delay, disruption, claim, expense or other consequence caused by the Customer’s failure to obtain appropriate planning permission or caused by breach of a restrictive covenant.
4. Payment Terms 4.1 The Company may deliver an invoice at any time after commencement of the Works and which invoice shall be immediately due and payable upon completion of the Works notwithstanding that items of a minor or trivial nature may require attention. 4.2 The Company is not required to carry out any further work for the Customer until any invoice set out in accordance with clause 4.1 above has been paid in full. 4.3 The Company is entitled to charge the Customer interest on any unpaid invoice at the rate of 8% above Royal Bank of Scotland plc base rate, accruing daily rate from the date payment becomes due. 4.4 A deposit as set out overleaf is payable by the Customer upon entering into the Contract. Save as otherwise provided by law the deposit is not returnable to the Customer in the event that the Customer should terminate or purport to terminate the Contract.
5. Survey, Price Specifications and the Course of The Works 5.1 The contract price set out overleaf together with the details of the Works have been determined by an internal survey and a limited external survey. In order to maintain our high standards of quality, the Company will arrange a “Final Survey” to take place, in which an authorised employee of the Company will visit the Customers address and make a thorough assessment of the purposed Works. It is important that the Customer is present whilst this final survey is carried out. It may be that as a result of the “Final Survey”, the Company recommends variations to the Works set out overleaf and/or to the price set out over leaf. The Customer will be invited to agree to any such proposed variation and in the event that such variation is refused by the Customer, then the contract shall be terminated and (save as provided by law) neither party shall have any further liability to the other save that any deposit paid by the Customer shall not be recoverable. 5.2 In order to carry out the Works and the Final Survey the Company requires full access to the Premises at all reasonable times. The Company shall not be responsible for any financial loss incurred by the Customer if he/she or they take any time off work to allow the Company access to the Premises or to be present during the Works or the Final Survey. 5.3 The Company will complete the Works within a reasonable time although the Customer should be aware that this is subject to delays which may be caused by bad weather, staff illness or injury, by difficulties in obtaining products from third parties, by structural difficulties or by difficulties caused by any existing defects in the Customer’s property. 5.4 The Company is not expert in structural or chartered surveying. The Works set out and the contract price are agreed on the basis of the Company not encountering any structural difficulties during the course of the Works. Structural difficulties shall include but not be limited to the discovery of gas, water, sewerage or electricity mains or inherent subsidence or existing defects in the Premises such as and not limited to the existence of rot, woodworm or wasps nests. The Company reserve the right to vary the Contract Price in the event that structural difficulties are encountered in the course of the Works. The Company cannot be held liable for any delay occasioned by such unforeseen structural difficulties coming to light during the Works and shall not be obliged to correct and/or overcome the structural difficulties.
5.5 If, in the opinion of the Company, piling maybe required, after the commencement of Works, the Company agrees to engage a specialist contractor for a quote on a cost basis to be paid by the Customer. If the Customer cancels the contract at this point due to the cost specified by the specialist contractor then clause 10 applies. 5.6 In the event that unforeseen structural difficulties or defects in the Premises come to light during the Works and are such as, in the opinion of the Company, likely to prevent the completion of the Works then, the Company shall be entitled to terminate the Contract and, in addition to any other rights, the Company shall be entitled to the following:- (i) the price of all parts ordered by the Customer which have been manufactured by the Company; and (ii) the price of all parts and materials ordered by the Customer and already acquired by the Company from third parties; and (iii) a fair price for all work undertaken pursuant to the Contract. 5.7 All alterations, variations or additions to the contract must be confirmed in writing and authorised by the Company on its standard variation document. Any such variations or alterations so accepted may, of course, result in extra charges being made to the Customer to reflect the variations. All materials and products supplied under contract are purpose made for the Customer’s particular requirement and the Customer must acknowledge that such materials and products cannot be easily re-sold by the Company to anyone else. 5.8 The Company will use reasonable endeavours to supply the materials requested by the Customer. However, in the event that the Company cannot obtain the precise materials requested, the Company reserves the right to offer the Customer various alternative materials under this contract without variations to price and the customer shall not unreasonably refuse to accept these alternative materials. The Company cannot be held liable in the event that materials supplied by the Company fail to match the Customer’s existing brickwork, woodwork, stonework or other materials.
6. Completion of works The Company shall be entitled to issue an invoice to the Customer in respect of all sums outstanding to the Company at any time after the start of the main conservatory structure, such invoice shall become payable upon completion of that work, not withstanding that items of a minor or trivial nature may require attention, other items such as windows, replacement fascia and soffit boards, guttering and down spouts may remain to be completed. The Company shall provide the Customer with a list of any items of a minor or trivial nature to be completed and shall use its best endeavours to complete the items on the list within 28 days of handing the list to the Customer. In the case of items not manufactured by the Company, the Company shall use reasonable endeavours to obtain these items as soon as possible but cannot guarantee that they shall be supplied within 28days of completion of the Works.
7. Warranty 7.1 The Company shall, free of charge, provide a warranty of the following periods on the following services: 10 years warranty on WORKMANSHIP, 10 years warranty on PROFILE*, 10 years warranty on POLYCARBONATE*, 5 years warranty on GLASS*, 5 years warranty on HARDWOOD. All hardware components, under floor heating, climate control units, electrical fittings, ceramic floor tiles, laminate flooring, are subject to manufacturers warranty. Please note * are subject to manufacturers sale conditions (full details of which will be made available to the Customer on request). This guarantee is conditional on the Works being adequately and properly maintained and does not cover any physical damage caused by misuse, impact, abrasion, or cleaning with a non-proprietary chemical. Notice of any claim under this guarantee must be made in writing to Select Windows within fourteen days of the alleged defect becoming apparent. This guarantee is fully transferable to any new owners of the property but must be requested in writing and agreed to in writing and agreed to in writing by Select Windows and is subject to the administration fee which is payable and in force at the time of application. A dated and authenticated Guarantee Certificate will be forwarded to the Customer and will commence on the date of completion and will come into force once full and final payment has been received and cleared by Select Windows. 7.2 The remedies contained in this guarantee are in addition to any warranties, indemnities, remedies or other rights provided by law and/or statute, for the benefit of the Customer. 7.3 The Customer must appreciate that a charge will be made for all additional work not covered by the above guarantee or not resulting from a fault of the Company for example and not limited to work relating to locks damaged by misuse, the unblocking of gutters and downspouts and the replacement of lost of broken keys.
8. To Be Noted 8.1 Although double-glazed units normally reduce condensation on glass, the extent to which condensation is reduced varies from properly to property according to environmental conditions and the Company cannot therefore warrant that double-glazed units will definitely reduce condensation. 8.2 All glass supplied by the Company to the Customer will of course be of satisfactory quality but due to the nature of the manufacturing process, the Company cannot accept any liability for minor blemishes and imperfections which are inherent in the manufacturing process. The Company draws to the Customer’s attention the fact that the glass used has a soft surface and reasonable care should therefore be taken when cleaning it so as to avoid damaging it.
8.3 Whilst the Company has taken all reasonable steps to ensure that lead products supplied under the contract are in satisfactory condition, the Company cannot warrant that lead products will not tarnish as lead will, by its nature, tarnish when exposed to the atmosphere. 8.4 Windows and doors will be white as standard unless otherwise agreed in writing. Any fittings of doors and windows (other than locking mechanisms) supplied shall, unless agreed otherwise in writing be white. 8.5 Please make sure that any guttering installed under this contract is regularly cleaned and kept free of leaves and debris. The Company cannot be responsible for blocked guttering (save where blockages result from a fault of the Company) as guttering tends to become blocked by leaves and debris in a natural course of events.
9. Customers Works 9.1 The Company is not required to correct defects in the Premises which come to light as a result of the Works, for example (and not limited to) the discovery of rot and woodworm or wasps nest. 9.2 In order for the Works to proceed smoothly, the Customer must co-operate with the Company. Prior to the commencement of the Works, the Customer should remove all fixtures and fittings in the immediate area of the Works and in particular, the Customer should:- (i) remove any furniture, curtain rails, carpets and other fittings including, where appropriate garden fixtures from the site of the Works; (ii) provide a clear working area around the Works; (iii) where appropriate and if necessary, make arrangements for the moving of mains services, telephone and television cables and other wiring. 9.3 The Company cannot be held liable for damage to any of the above caused during the Works where the Customer has failed to move any of the above save where damage results from the negligence of the Company or its servants or agents. 9.4 In some cases loose plaster, tiles and wallpaper may be detached during the Works due to existing defect. The Customer must appreciate that the Company cannot be liable for this superficial damage unless it results from the negligence of the Company or its servants or agents. 9.5 The Company is not liable for damage due to loss of mains power which could not be rectified due to a lack of access. 9.6 During the course of the Works the components and equipment maybe spread over the Customers garden and driveway to aid in the fitting. This may cause minimal damage to the area.
10. Damages If the Customer rescinds or terminates the contract where they are not legally entitled to do so or where the Company becomes entitled to terminate the Contract because of default on the part of the Customer then, in addition to any other to any other rights which the Company may have, the following shall be due to the Company as damages. 10.1 the price of all parts order by the Customer which have been manufactured by the Company; and 10.2 the price of all parts and materials ordered by the Customer and already acquired by the Company from third parties; and 10.3 a fair price for any work undertaken pursuant to the contract; and 10.4 a sum equal to the loss of profit on the contract.
11. Interpretation 11.1 Each term or condition set out above shall be a separate part of the contract and failure of any one condition to have any effect at law or to be unenforceable shall not render the contract and the remaining conditions unenforceable and the contract shall be construed as if such term or condition alone were struck out. 11.2 This contract shall be governed by English law and the Company and the Customer shall submit to the exclusive jurisdiction of the English courts.
12. Complaints 12.1 If you have a complaint about the service provided by Select Windows, one of its operatives or appointed representatives, you should contact us in writing to: Select Windows, Complaints Officer, Unit T8, Towngate Works, Dark Lane, Mawdesley, L40 2QU. (We advise you send all complaints recorded delivery)
What happens next? We will send you a letter acknowledging receipt of your complaint within seven days of receiving it, enclosing a copy of our ‘Complaints Procedure’. Select Windows will then investigate your complaint and this normally involves passing your complaint to our Complaints Officer, who will review your complaint and speak to the team that worked on your installation. Select Windows will arrange a visit to the premises to discuss and aim to rectify the issues raised in your complaint within 1 month of sending you the acknowledgment letter. Within 5 days of the visit , Select Windows will write to you to confirm what took place and any solutions that were agreed with you. A complaint will be considered ‘closed’ if you write to accept the findings of our response or fail to respond within six weeks of receiving the communications from Select Windows detailed above. 12.2 In the event of any dispute arising during the course of or subsequent completion of the contract the Customer will not be entitled to withhold payment in excess of an amount representing the reasonable cost of the work required to rectify or replace any allegedly defective Works which are the subject of the dispute.