1. The Customer warrants that he/she is/are the proprietor(s), in whole or in part at the subjects where the installation has to take place and that any liability among proprietors, if more than one, is joint and several.
2. Where Contracts are negotiated away from business premises, whether they involve cash or credit or discounts, the Customer has the right to cancel, without penalty, provided the Company is notified in writing within seven days of the date on which the customer received a copy of the contract. In which case any deposit will be returned in full. Such notification should be addressed to the Sales Director at the Company.
Where the customer does not wish to proceed with the contract, or refuses to allow the work to be carried out and so prevents completion, then without prejudice to the Company’s rights to claim further loss, the Company reserves the right to retain a proportionate amount of prepayment to cover costs or loss of profit suffered as a result of the customer’s breach of contract. This condition will not apply where the customer has grounds in law for withdrawing from the contract and will not affect any remedy otherwise competent to the customer for breach of the contract by the Company
3. All terms of the contract between the Company and the customer are contained in this contract. No variation of the contract shall bind either party save those agreed between the customer and the Company’s Surveyor. Such variations will be incorporated in the contract and initialled by both parties.
4. The Company reserves the right to withdraw from this contract should the Company’s Surveyor’s Report contain such a recommendation. Valid reasons will be provided in writing to the customer. The Company will not be subject to any penalty as a result of this decision.
5. The Company reserves the right to vary the design and/or specification of any installation following agreement between the customer and the Company’s Surveyor.
6. Where planning permission or building warrant are required these will be the responsibility of the customer or, if requested, the responsibility of the Agent and noted on the contract at an additional charge.
7. The Company shall not be liable for any delay in the completion of the work which arises from causes beyond the reasonable control of the Company. In the event that time has been made the essence of the contract, time shall not run during any period when delay on that account is operating.
8. The customer will allow installation to start within 21 days of being informed by the Company that the materials are ready. If within a further 21 days the customer has not permitted installation, 60% of the contract price shall be immediately payable. The balance of the contract sum being payable once the contract is complete.
9. The balance of the purchase price shall be immediately due on the day of installation, and payment is to be made to the installers in cash or by cheque in favour of Envirowindows & Conservatories UK Limited. Where the customer has entered into a personal loan agreement arranged by the Company, the ‘authority to pay’ notice must be signed by the customer on the day of installation and given to the installers. The customer must retain a copy of the contract with the payment indicated and receipted by the person to whom the cash or cheque is handed.
10. If there is a genuine complaint with regard to the installation, the customer is entitled to retain 5% of the total purchase price pending rectification of the complaint. As soon as the complaint is remedied the 5% balance is payable immediately. At its discretion the Company may charge interest on overdue accounts. Such Interest will be charged at Bank of England Base Rate plus 1% per month.
11. Workmanship and Materials
(a) The Company guarantees for a period of ten years that where a defect develops in the installation, due to faulty manufacture or installation, the Company shall, without cost to the customer, rectify such defect. A copy of the guarantee will be forwarded after the agreed contract price has been paid in full. A fee is payable on any transfer of the guarantee.
(b) The guarantee comes into effect after the installation has been completed, provided the full agreed contract price has been paid. (The guarantee is void if the full agreed contract price is not paid on the due date)
(c) All timber must be maintained in order for the guarantee to be valid.
(d) A £180 call-out charge will be enforced if the Company is not liable for repairs due to a lack of maintenance upkeep by the customer.
12. The goods remain the property of the Company until the contract price is paid in full.
13. The glass used by the Company in its products shall be of a thickness and weight determined by the Company’s technical surveyors, but will comply with BS6262 (Safety Glazing)
(a) Any complaints with regard to scratches or other blemishes in the glass must be notified in writing to the Company within fourteen days of the date of installation.
14. All glass is the best commercially obtainable but the Company cannot guarantee against imperfection or variation inherent in the glass making process.
15. The Company supports the Glass and Glazing Federation Code of Ethical Practice, as promoted by the Glass and Glazing Federation (GGF), 44-48 Borough Hill Street, London SE1 1XB and undertakes to work within its guidelines.
16. No guarantee or warranty is given that the installation of any of the Company’s products will eliminate or reduce any condensation compared to the non-insulated equivalent product.
17. The Company shall be under no liability to make good any existing damage or latent defects to brickwork, plasterwork, pebble-dashing, rendering or any similar material, painting decoration, woodwork, light fittings, fences, furniture or telephone and cable/TV wiring. The Company will however, make every endeavour to reinstate damage to roughcasting, plasterwork and internal woodwork caused solely by the installation of windows or doors. Such reinstatement work will be left in condition ready for decoration.
18. Patio doors with two panels will give approximately 40% opening: three panels an approximate 33% opening: four panels an approximate 50% opening.
19. Any concession, latitude or waiver allowed by the Company at any time shall be without prejudice to the strict and full rights under this contract and shall not prevent the company from subsequently exercising such rights.
20. Existing fittings – The Company cannot (a) ensure that existing blinds will refit unaltered after the fitting of replacement windows and/or doors or (b) accept liability for the replacement of damaged wall tiles or for any redecoration required as a result of their fitting procedures or (c) when brickwork is knocked down, the Company cannot be held responsible for any consequential damage.
21. At all times the Company will endeavour to ensure that work is carried out to a professional standard, with due care and in a responsible manner.
22. Scots Law shall apply to the Conditions of Sale.
23. The Company’s guarantee is per the Terms and Conditions of the Company’s Guarantee Certificate.