CONDITIONS OF BUSINESS
In these terms & conditions Chesterfield Window Centre is referred to as the Company and you are referred to as the Customer.
ACCEPTANCE OF ORDER
All orders are accepted subject to the designs being within recommended safety requirements and a survey by the Company. If designs fall outside of recommended safety requirements or as a result of that survey, the order cannot be carried out for the price quoted by reason of its nature or incorrect pricing, the customer will be informed either that (a) the order is rejected, or (b) the order can be carried out but at an amended price within 7 days of receiving the notice of an amended price, the customer is free to cancel the order by sending written notice to that effect to the company. Any deposits paid will be refunded in full.
If the company cancels the order, any deposits paid will be refunded in full.
Only work clearly stated on this contract is included in the total price. Any additional works required will be charged for as extras.
In the case groundwork’s (Conservatories, Sun rooms, Orangeries, etc.) and if the price quoted includes groundwork’s listed as listed on the contract, if upon excavation of the area unforeseen problems are found the Company reserves the right to increase the price to cover such items. Should the customer not wish to proceed with this extra work, there will be a 5% charge for reinstating the site and planning costs, and if the building has been Built and or manufactured a further fee of up to 75% of the total contract value is payable.
All payments are to be made as scheduled in the contract and the customer is not entitled to withhold any payment by reason of any alleged defect. If the customer fails to pay any payment in line with the terms of contract and its schedule, the company will be entitled to charge interest on that amount at the rate of 4% above Barclays Bank base rate in force from time to time from the date the payment became due until actual payment is made (irrespective of whether the date payment is made is before or after any judgement or award in respect of the same)
Representatives, showrooms and samples are used to demonstrate the typical features and benefits of the product(s) and its composition. Products will be measured and manufactured in the way considered most suitable by the company and in line with the company’s policy of continuous product improvement and development. The company reserves the right to make any necessary modifications, and as such the goods supplied may not necessarily correspond to such display models or samples exactly.
All glass shall be of good quality, but the company shall be under no obligation whatsoever in respect of minor blemishes and imperfections not guaranteed by the glass manufacturer and in line with industry guidelines. The company will not replace any glass cracked or broken after installation. Toughened safety glass (used in doors, conservatories, etc.) is specifically liable to inherent imperfections arising from the manufacturing process.
Stain and bevel designs are individually created by glass artists and therefore variation of design and colour shades can be expected. Therefore, the company makes no guarantee to match existing colours or previous design.
Whilst every effort will be made to keep within any specific scheduling requirements, the company cannot guarantee individual start or completion dates due to the nature of the work.
You must ensure that all laws, regulations, orders and directives are complied with and that any approvals, licenses or permissions have been granted prior to the installation commencing. If you require Chesterfield Window Centre to apply for Planning Permission or Building Regulations on your behalf, then a fee is payable as indicated on your contract should planning fail a fee of £75.00 plus vat (at 20%) is payable for time spent.
The customer shall grant the company’s employees and agents access to the premises at reasonable times for the purpose of taking measurements and to carry out the work specified within the contract. The customer shall also move all belongings from close proximity of where the works specified within the contract are to be completed.
The company shall make good any damaged caused in the course of installation to plaster, floor, rendering or brickwork immediately surrounding any window or door installation, but does not undertake to provide matching ceramics or other tiles or finishes, or specialist finishes such as Tyrolean or pebble dash or to avoid damage to surrounding wallpaper or paintwork or to remove intact any frames or panes of glass from old products required to the retained by the customer. Any existing problems not covered by your contact and highlighted by the company prior will be excluded from our offer to make-good.
The company accepts no responsibility for any damage resulting from structural or other pre-existing defects in the property at which the installation is carried out. The customer shall be responsible for the removal of all internal fittings that are considered necessary in the opinion of the company’s surveyor and / or installers to enable the installation to be carried out.
Warranties are provided exclusively to homeowners living at the address at the time of installation and who’s name appears on the signed contract between Company and Customer and cannot be passed or sold to third parties.
The company guarantees the products manufacture and/or supplied by it for the following period(s)
PVCu or Aluminium Window Frames, Roofs and Doors, Composite Doors Slabs 10 Years
Base and Building Works 10 Years
Roofline (including Fascia, Soffit, Cladding, Guttering and Down pipes) 10 Years
Sealed Glass Units (installed with a Company product) 10 Years
Sealed Glass Units (installed within another brand of existing product) 5 Years
Timber / Wood Window Frames Roofs and Doors 5 Years
Handles, Hinges, Door and Window Locks, Door Furniture, or any moving part. 5 years
Electrical works and products 2 Years
Integral Blinds 2 Years
Flooring and finishing 2 Years
Manufacturers warranties which may be offered beyond those listed above must be claimed directly with the manufacturer under their terms of business and are not offered or supported by The Chesterfield Window Centre in any way.
If during the relevant period shown above, anything covered by the guarantee proves defective as a result of faulty materials or workmanship then the company, at its sole discretion, will repair or replace the defective product free of charge of all parts and labour.
Due to continuous product development and supply chain changes the company cannot guarantee an exact product match under this warranty, other than a product of equal or greater specification will be provided. The company does not cover the cost of any emergency repair or replacement service, and all works carried out under this guarantee will be within our standard time scales and during our normal working hours.
Excluded from this guarantee is a) fair wear and tear, b) neglect of maintenance and care by the customer, c) where the installation was not carried out by the company or its authorised agents, or d) where the product has been altered or repaired by anyone other than the company or its agents.
The Warranty period commences on completion of works. The company is not liable to provide service under the warranty unless payment of the full contact value has been made and the customer’s account is up to date and cleared.
Underwritten Insurance Backed Warranties are provided exclusively to homeowners living at the address at the time of installation and who’s name appears on the signed contract between Company and Customer and cannot be passed or sold to third parties, it cannot be provided to let homes, second or subsequent homes, commercial premises or otherwise. Terms of the underwritten warranty are available on request.
The company does not guarantee that condensation, if any, can be eliminated or reduced by installation of its products nor accept liability for condensation which is a natural phenomenon caused by degrees of humidity, temperature and ventilation.
Condensation is Natural to form on the outside of the outside pane during certain temperatures. This shows the windows are performing as expected.
The company will not accept any wrong doings for the said formation. (please refer to Maintenance Pack)
The company does not guarantee that the level of sound transfer can be eliminated or reduced by the installation of its products.
LIMITATION OF LIABILITY
The company shall not be liable for any delay in the start or completion which arises from causes beyond our control for example, flooding, criminal damage, weather or reliance on third parties including suppliers or manufactures.
In the construction industry snagging or remedial work is deemed normal and The Staffordshire Window Company Limited will not be liable for any consequential loss of earning, compensation payments due the completion of this work.
Where the customer is a consumer (as defined by the Unfair Order Terms Act 1977) nothing in these Conditions of Business shall affect their statutory rights
The company’s total liability in respect of this order shall be limited to the gross contract value.
Nothing in these conditions excludes or limits the liability of the company for death or personal injury caused by the company’s negligence or fraudulent misrepresentation.
This guarantee is personal to the customer, and you must not assign this agreement or any rights here-under to any third party. Your warranty is non-transferable unless otherwise clearly stated.
TITLE AND RISK
Title of the goods remain with the company until cleared payment in full has been passed to the company. If payments remain unpaid, the company may for the purpose of recovery of its units and / or equipment enter the premises where it is installed and may remove the same without the requirement to make-good, repair or replace.
Risk in and responsibility for products and equipment passes to the customer on arrival at the customers premises.
The company shall not be liable for any delay and or consequences of any delay in performing any of its obligations under this order, if such delay is due to any cause whatsoever beyond its reasonable control the company shall be entitled to a reasonable extension of the time for performing such obligations.
If any provision of these conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these conditions and the remainder of the provision shall not be affected.
In certain circumstances, as a consumer you have the legal right to cancel the contract within fourteen days of signing, by serving the company written notice. Delivery by recorded delivery is recommended. This period of cancellation can be waived by the customer in order for priority manufacture or supply of services to proceed. This can be indicated by signing the relevant area on the contact.
WAIVER OF 14 DAY COOLING OFF PERIOD
If you wish for goods to be supplied and installed before the cancellation, please tick the appropriate box to facilitate this. Note: By ticking Priority you are enabling us to supply services and goods within cancellation period, please be aware if you cancel within the original cancellation period you will be liable for goods manufactured and or installed prior to cancellation.