T & C's
All items within the terms and conditions should be taken in good faith.
1 Quotations and Orders
1.1 Prices quoted are subject to a site survey unless otherwise specified.
1.2 Unless specified otherwise, all quotations are valid for a period of 30 days. VAT is applied at the current standard rate.
1.3 Your order is officially confirmed once we have received your deposit. At this point you are agreeing to comply with our Terms and Conditions.
1.4 A formal contract will apply once we have carried out the final survey, where applicable, and confirmed the specification and detail.
1.5 It is your responsibility to ensure the accuracy of the description of the goods and services requested, which is supplied for your approval after the final survey, where applicable, and prior to manufacture, and to inform us of any amendments required. Manufacture will not commence until drawings and specifications have been approved by you in writing.
1.6 If you instruct us to carry out any amendments to the specifications detailed in our quotation, these amendments may incur additional charges or be subject to re-quotation. We will inform you when any additional charges may apply.
1.7 If the supply of goods or services is interrupted or delayed by you, we may need to increase the price to reflect any additional time spent in providing the services.
1.8 If third party, external company services are required, we would aim to include those as an estimate in your quotation.
2 Survey
2.1 Our prices are calculated on the assumption that the property is structurally sound and that there are no factors that would make our performance of the contract more difficult than might reasonably be anticipated at the time you accept the contract. Every effort will be made to identify any problems or additional associated works which may be needed which could require additional work and for which extra charges may apply. Any additional timbers or structural components which you instruct us to replace or that must be replaced in order to install the goods, may be regarded as “unforeseen/extra works”. Any unforeseen/extra works would be carried out only with your authorisation and acceptance of the estimated cost.
2.2 Any survey we carry out is not a full structural survey of your property and will relate only to the installation of the goods we are to supply and / or install, as well as can be reasonably carried out from a non-destructive inspection.
2.3 If any problems are identified that make the manufacture or satisfactory installation of the goods materially more difficult or more costly than we could reasonably have anticipated at the date of the contract, we will inform you of such problems as soon as possible. In such circumstances we reserve the right to cancel the contract or to increase the price by giving you notice to reflect our additional costs or additional work required. If we inform you of an increase in the price, you have the right to cancel the contract within 7 days of receiving such notice. If we or you cancel the contract in accordance with this clause, the deposit will be returned to you, excluding any pre-agreed direct costs, and we will have no further liability to you, nor you to us.
2.4 If there are any problems with your property that are discovered at the time of installation, which could not have reasonably have been found during our survey, we reserve the right to increase the price to cover any additional work required. We would inform you of the increase before carrying out the work. If we give you notice of an increase in the price under this clause, you have the right to cancel the contract but you will be obliged to pay us for any services already performed and any goods that have already been installed or manufactured in preparation for installation pursuant to the contract and you will be obliged to take delivery of those goods at your property. We will be entitled to retain the deposit and any interim payments by way of payment or part-payment of any amount due from you to us.
2.5 The final measurements will be taken from opening sizes available to us at the time of the site survey, where applicable. If manufacture is to differ from the existing, or the manufacture is to be newly formed, we must be informed prior to manufacturing commencing. We cannot accept responsibility for incorrect sizes if opening sizes are changed subsequent to our final survey being carried out, where applicable, and we have not been informed of these.
2.6 Where you have instructed us to manufacture goods without a site survey, you will be required to approve in writing the designs, layouts and dimensions detailed in the quotation. In these circumstances, you will take full responsibility for the measurements and specifications detailed and we cannot be held responsible for incorrect supply if the manufactured goods match those detailed.
3 Private Work
3.1 Our employees are not permitted to carry out any extra work for you, either before, during or after our works have been completed, unless specifically authorised. These extra works will either be quoted for or charged out at an hourly rate.
4 Price and Payment
4.1 Unless stated otherwise, the price takes into account any discount, rebate or offers. You will not be entitled to any reduction in price if we make any promotional offers on goods and services after the date the deposit has been paid.
4.2 Unless stated otherwise a 25% deposit is required for the order to go through CERTASS for building regulations certificates and QANW deposit protection. On receipt of your deposit, your order will be entered into our system and you will be sent an order confirmation. CERTASS for building regulations certificates and QANW deposit protection will only be applicable if we are to manufacture items that require double glazed units glazed in the framework and are installed by our own installation team.
4.3 Unless stated otherwise, 65% payment of the balance, along with any extra items quoted and undertaken is payable immediately on completion of the manufacture of the goods or before the date of the installation.
Goods will not leave our premises until such payment has been received.
4.4 If, with your agreement, the goods are installed or supplied in phases, payment for each phase must be received on completion or delivery of that phase.
4.5 Payments can be made by BACs or, cheque,
4.6 If you fail to pay any sum owed to us under the contract by the date it falls due then without limiting any other right or remedy available to us, we may:-
4.6.1 cancel the contract or suspend any further deliveries of goods or the provision of services to you, but such
cancellation or suspension shall not obviate your obligation to make payment under the contract;
4.6.2 use any payment made by you for any goods or services supplied under any other contract between you and us either towards a payment due under this contract or otherwise towards any other debt owed by you to us as we see fit; and charge you interest on such outstanding sum from the due date for payment at a reasonable amount due to the circumstances, accruing on a daily basis until payment in full is made, whether before or after any judgement.
5 Delivery of Goods
5.1 We will use all reasonable efforts to meet delivery dates we set out on the contract but any such dates and times are intended to be estimates only.
5.2 Where external facilities are required, this will normally established one or two days before the fitting commences. Once the works have been completed, the external facilities will be removed within approximately 7 days of completion of the works. We are not able to specify an exact time for these items in advance.
5.3 We will not be liable for any loss or damage resulting from a delay in the delivery of the goods in circumstances where there is no breach of a legal duty of care owed to you by us or by any of our employees or agents; or such loss or damage is not a reasonably foreseeable result of any such breach; or the loss or damage results from a breach by you of any term of the contract.
5.4 You agree to allow us access to your property to deliver the goods and provide the services as soon as practicable after you have been advised that the goods are ready or at any stage of the project after delivery. If you have not given us access to your property for this purpose within 7 days of being informed that the goods are ready for delivery, or we are ready to arrange a date to progress things further on an installation, then, without affecting any other rights we may have, you must immediately pay the whole of the outstanding balance of the remaining or total price. We will be entitled to recover from you any reasonable losses, costs and expenses we incur as a result of your failure to take delivery of the goods or allowing access for ongoing installation works including, without limitation, any costs of storage of goods.
5.5 If we have agreed to store the goods, we will require the balance to be paid in full within 7 days of storage commencing. Further storage costs may apply depending on the duration time. Any time after 7 days will incur this cost on a daily basis. The cost will be calculated at our discretion.
6 Preparation for Installation
6.1 You will be responsible at your own expense for the removal, replacement and/or alteration, if required, of any fixtures and fittings or other items that we require to be moved in order to install the goods and supply the services including but not limited to curtains, shutters, grills, blinds, pelmets, and soft furnishings, the lifting and refitting of carpets, the repositioning of telephone or burglar alarm fittings and any other electrical connections, aerials, gas or water installations.
If you do not comply with this requirement under clause 6.1 we reserve the right to postpone or suspend the supply of the services until you have done so and to charge you for time lost by our fitters in attending your property and being unable to work.
6.2 If you require our fitters to move any such items on your behalf, this may result in an increase in the price to cover our additional time spent in doing so. We will notify you of any such increase before our fitters move any such items unless it is impractical to do so without delaying the supply of the goods and services. If our fitters move any of your items they will use all reasonable care and skill to do so.
7 Specifications of Goods and Services
7.1 Unless specified within a final survey or otherwise, our work will conform to the specifications provided in our quotation.
7.2 You are responsible for ensuring that your property is structurally sound, in good condition and free from material defects. We cannot be held responsible for any damage caused or extra work required if this is not so.
7.3 We will take all reasonable care to keep intact any items that you tell us you wish to retain but such items are fragile and prone to breakage on removal. Accordingly we will not be liable for any damage or total loss of such items during or following their removal unless caused directly by our negligence.
8 Risk, Title and Insurance
8.1 Risk of damage to or loss of the goods shall pass to you at the time of delivery of the goods to your property. It is your responsibility to insure the goods from the time they are delivered to your property.
8.2 Ownership of the goods will pass to you once we have received payment in full from you. Until then, the goods remain our property but that will not prevent us from recovering payment from you of any amounts due under the contract.
8.3 Any guarantee and/or warranty will only be validated and activated once full payment of the contract(s) has been received by us.
9 Cancellation of the Contract
9.1 You may cancel any Non bespoke contract by giving us written notice no later than 14 days after the final survey, or prior to provision of the work. Please note that bespoke items are exempt from the 14 days cancellation. If you cancel the contract in this way we will return your deposit to you minus any material costs ordered in good faith.
9.2 If you do not exercise your right to cancel under clause 9.1, you have no right to cancel the contract under this clause unless we agree to cancel the contract at your request, in which case you must pay any reasonable losses and costs we incur because of your cancellation, including (without limitation) any manufacturing costs and any loss of profit and we will be entitled to retain part or all of your deposit and / or interim payment to cover any such losses and costs.
9.3 If the goods or services are sold or provided in phases, each phase shall be a separate contract and no cancellation or termination of any other contract relating to a phase shall entitle you to repudiate or cancel this contract or any other contract relating to another phase.
10 Limitation of Liability
10.1 The following provisions set out the limits on our liability, including any liability for the acts or omissions of our employees and sub-contractors, to you in respect of any breach of the contract or these conditions, any use made by you of any of the goods, or of any product incorporating any of the goods; any representation, statement or act or omission of the company including negligence arising under or in connection with the contract.
10.2 Nothing in these conditions excludes or limits our liability for death or personal injury caused by our negligence; or under Part 1 of the Consumer Protection Act 1987; or for any matter which it would be illegal for us to exclude or attempt to exclude its liability; or for fraud or fraudulent misrepresentation; or for any liability incurred by you as a result of any breach by us of the condition as to title or the warranty as to quiet possession implied by either section 12 of the Sale of Goods Act 1979 or by section 2 of the Supply of Goods and Services Act 1982. Subject to clauses 10.2 and 10.3:
10.3 If the performance of our obligations under the contract is prevented or delayed by any act or omission of yours or your agents, subcontractors, consultants or employees, we shall not be liable for any costs, charges or losses sustained or incurred by you arising directly or indirectly from such prevention or delay.
11 Our insurance
11.1 A copy of our insurance policy is available on request.
12 Your Obligations
12.1 In order for us to perform our obligations under the contract you will, at your expense:
12.1.1 comply with our reasonable requests relating to the supply of the goods and the services, including but not limited to any requests relating to compliance with health and safety rules and regulations;
12.1.2 Provide our employees with access as reasonably required to power supply and washing and toilet facilities at your property;
12.1.3 Prepare and maintain your property for the delivery of the goods and the supply of the services (including identifying, monitoring, removing and disposing of any hazardous materials from your property in accordance with all applicable laws, before and during the supply of the services); inform us of all health and safety rules and regulations and any other reasonable security requirements that apply at your property; obtain and maintain all necessary licences and consents, including but not limited to planning permissions, listed building consent, building regulations consent, and comply with all relevant legislation in relation to the supply of the goods and services.
12.2 If, at your request, we manufacture and/or supply the goods and services prior to you obtaining any of the licences or consents referred to in clause 12.1.3, you will have to pay the price of the goods and services even if any such licences or consents are subsequently not granted.
13 Assignment
13.1 We may assign the contract or any part of it to any person, firm or company provided your rights under the contract will not change as a result of such assignment. You shall not be entitled to assign the contract or any part of it without prior written consent from us.
14 Force Majeure
14.1 We will not be in breach of our obligations under the contract if we are prevented from or delayed in the carrying on of our business or the performance of our obligations under the contract by any circumstances beyond our reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes, whether or not relating to either party’s workforce, or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, provided that, if the event in question continues for a continuous period in excess of 60 days, you will be entitled to give notice in writing to us to cancel the contract.
