1. The terms of this Agreement, unless otherwise stated shall be determined by the appropriate provisions of the Sale of Goods Act 1979, Supply of Goods (Implied Terms) 1982 and such other legal legislation as shall from time to time be in force, including the rights of the Customer under such legislation.
2. Sample windows are intended to demonstrate the working of a typical window and the material used.The windows and other products, the subject of this Agreement, will be manufactured in the manner the company consider most suitable and such materials of suitable quality as the Company considers to be required shall be used in the manufacture and installation of the products.
3. Whilst the Company will make every endeavour to install the products on the date or within the period agreed with the purchaser, the Company shall, in the event of any unforeseen circumstances (including bad weather, strikes, lock-outs and non availability of materials) be entitled to make later installation and such later installations shall be accepted by The Customer and the Company shall in any event not be responsible for any consequential loss whatsoever arising from or delay in installation. Furthermore, the time for such delivery and installation shall not be of the essence of this Agreement.
4. The Customer will provide reasonable access to enable installation to be completed as soon as advised that the products are ready and will liaise with the Company of a suitable appointment for installation. If within 28 days of such advice an appointment for reasonable access has not been fixed, the full balance of the purchase will become due and payable. The area where installation is due to commence should be free of obstructions such as scaffolding, furniture, curtains or any other items that impede the installation. We will take measure to protect the flooring surrounding the work area but we accept no liability for damage caused.
5. (i) All glass, timber and other materials shall be of good quality, but the Company shall not be under any liability whatsoever in respect of minor blemishes and imperfections not guaranteed by the glass, timber or other materials purchasers or distributors.
(ii) No work will be done or materials supplied other than those specified overleaf.
(iii) The Company does not guarantee or warrant, nor do it’s agents have the right to represent or warrant, that condensation can be controlled or prevented by installation of the products,
6. Subject to Paragraph (5) of this Schedule, the Company guarantees the products against defective materials and workmanship for the periods set out below, commencing from the completion date of installation (applicable only where the Company has received full payment within 7 days of completion of installation), and subject to the limits below:
6.1 Frames: A maximum of ten years, (excluding ironmongery).
6.2 Frame ironmongery: A maximum of two years.
6.3 Glazing units: A maximum of five years.
6.4 Door Panels: A maximum of five years, (excluding ironmongery).
6.5 Ancillary Items not manufactured by the company: Equivalent terms to those that the company receives from the third party supplier.
6.6 This warranty does not apply to faults due to accidental damage, faults due to misuse, or faults due to glass breakages. Due care must be taken to protect the product by the Customer when work is being carried out in close proximity to the products.
7. Payment of the invoice is due as per the payment terms specified on the sales agreement with the understanding that any minor faults or adjustments will be rectified by the company under the written guarantee.
7.1 Completion of installation is deemed to be when all the products detailed overleaf are installed as per specification, are weathertight, secure, and are able to function correctly.
7.2 Minor faults or adjustments are deemed to be issues that do not materially affect the function of the products installed, are either cosmetic in their nature, or are adjustments to the operation of the products that enhance the performance of the product but are not severe enough to prevent the product from carrying out the function they are intended for, or prevents the product from operating in a secure or weathertight state.
7.3 If payment is still outstanding 7 days after completion the Company may charge interest in the outstanding amount at 2% over the current Bank Lending Rate.
8. If non-payment of the outstanding balance results in legal action being taken, the Customer will pay all legal costs incurred by the Company, to effect recovery of all monies owed.
9. Title to goods shall remain vested in the Company and shall not pass to the Customer until the purchase price for the Goods has been paid in full and received by the Company. Until title to the Goods passes:
(i) The Company shall have authority to retake, sell or otherwise deal with and/or dispose of all or any part of the Goods;
(ii) The Company and its agents and employees shall be entitled at any time and without the need to give notice enter upon any property upon which the Goods or any part are stored or installed, or upon which the Company reasonably believes them to be kept;
(iii) The Customer shall maintain the Goods in a manner reasonably satisfactory to the Company.
10. Irrespective of whether title to the Goods remains vested in the Company, risk in the Goods shall pass to the Customer upon delivery or installation.
11. It is hereby agreed and declared that this Agreement is neither a Hire Purchase Agreement nor a Credit Sale Agreement.
12. It is hereby agreed and declared that any damages, compensation or other monetary payment paid to the Purchaser either as an ex-gratia payment or by Court Order shall not exceed Actual Loss.
13. No amendment, alteration or representation of these Terms, Conditions and Warranties or of the products shall be binding upon the Company unless confirmed in writing by the Company.
14. The Customer may serve on the Company a written cancellation sent by recorded delivery within 7 days from the date of this agreement. If the cancellation is made after this period, then the Customer shall be liable for all costs incurred by the Company up to the date of the cancellation. This Agreement shall be binding on the parties from the date hereof, save and unless it has been terminated in accordance with the conditions and existing Legislation.