CONDITIONS OF SALE:
The customer warrants that he is the proprietor, in whole or in part, of the subjects where the installation is to take place and that, in so far as that he may not be the proprietor of the subjects, he enters into the Contract as Agent for any other proprietor or proprietors. For the avoidance of doubt, liability among proprietors, if more than one, is joint and several.
The Customer has the right to cancel the Contract, without penalty, provided the Company is notified in writing 7 days from 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 Financial Director and should be sent recorded Delivery. After 7 days, if 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 the customer is liable to pay the appropriate cancellation fee. The deposit will be retained and set against the cancellation fee. 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 breach of Contract by the Company.
The Company reserves the right to decline this Contract subject to technical surveyor’s report.
4. Conservation and Planning
Where the property is in a conservation area and/or where planning permission or building warrant is required then it is the sole responsibility of the Customer to obtain such approval.
5. Window and Glass Specification
(a) Window Specification
Compliance with British Standard Code of Practise CP153 (Part 1 1969) shall be the sole responsibility of the Customer. In the event of the specification of windows selected by the Customer not complying with the said Code of Practise the Company will not be liable under any circumstances for any loss suffered by the Customer as a result.
(b) Glass Specification
Glass used by the Company in its products shall be thickness and weight determined by the company’s technical surveyors but will comply with BS6262 (Safety Glazing). Minor imperfections and scratches are not covered by the guarantee.
6. Material Specification
The Company reserves the right to alter the specification of any of its products without prior notice to the Customer. The seller shall at any time “including between the date of order and the date of delivery” be entitled to make any changes to the specification of the goods for any reason deemed necessary by the Seller, providing such charge does not materially affect the quality of the goods or their performance.
Time for delivery is not of the essence of the Contract, and the delivery period quoted is that anticipated at the time of order. The Company will make every effort to maintain or improve on it. However, in the event that the Company should exceed the anticipated date, you have the right to advise the Company in writing, sent by recorded delivery, that if they fail to install the products within a six week period from the date the letter was received, then you are entitled to cancel the Contract and have your deposit refunded.
The Company shall be under no liability to make good any damage or latent defects to brickwork, plasterwork, pebble dashing, rendering or any similar material. The Company will however make every endeavour to reinstate damage to roughcasting, plasterwork and internal woodwork, but excluding “tiles and wallpaper” caused solely by the installation of windows and doors. Such reinstatement work will be left in a condition ready for re-decoration. When brickwork has to be knocked down, the Company cannot be held liable for consequent damage.
The company does not accept any responsibility for the removal or replacement of blinds, curtains, pelmets etc, or for the cost of altering same if they cannot be refitted due to the new window or surround.
In the event of any genuine complaint with regard to installation, the Customer shall be entitled pending investigation and rectification of any such complaint to retain such amount of the total purchase price as is reasonable having regard to the costs of any such remedial works. The Company has the right to inspect the installation and to insist upon payment of the full purchase price under deduction of any sum retained as aforesaid. In the event of any dispute as to the sum which may be retained the Company reserves the right to have the matter referred to an independent Surveyor or some other similarly qualified person to determine the proportion of the purchase which may be retained. As soon as the Company rectifies the defect complained of, the balance retained falls due to the Company immediately.
The Company gives no guarantee whatsoever with regard to these new products reducing the amount of condensation, as the formation of condensation is completely out with the Company’s control.
12. Overdue Accounts
The Company will charge 2.5% per month on overdue accounts, and if the full amount is not paid on the due date the Guarantee will be void.
The Company Guarantee for a period of 10 years that where an agreed defect develops in the installation, due to faulty manufacture or installation, the Company shall, without cost to the Customer, rectify such agreed defect. A copy of the Guarantee will be forwarded on receipt of the final payment, if paid on the due date.
14. Access for Installation
The Customer will provide reasonable access to enable installation to be completed as soon as advised that the units are ready. If access is not given within 28 days of the Company’s notification, as a result of the delay on the part of the Customer, then the balance of the purchase price is immediately due and payable.
THESE CONDITIONS WILL NOT AFFECT THE CUSTOMERS RIGHTS UNDER THE SALE OF GOODS ACT 1979 OR ANY OTHER STATUTORY RIGHTS OF THE CUSTOMER APPLICABLE FROM TIME TO TIME.