Terms and Conditions
1. Definitions1.1 “The Company” means Oriel Windows.
1.2 “The Customer” means the customer of the Company whose name and address is set out on the Quotation and/or the Contract and/or a Contract Variation Form.
1.3 “The Quotation” means a Contract form that has not yet been accepted by the Customer or confirmed by the Company. It is not binding on the Company or the Customer.
1.4 “The Contract” means a contract for the supply and installation of Goods by the Company to the Customer which contains the Customer’s individual requirements and specifications and is subject to and in accordance with these conditions.
1.5 “Contract Variation Form” means a supplemental form signed by both the Company and the Customer agreeing to a change to the original Contract which is also subject to and in accordance with these conditions.
1.6 “The Goods” means any goods (including installation of such goods or any part of them) that the Company is contracted to supply and install in accordance with the Contract.
1.7 “Company Guarantee” means a guarantee issued by the Company to the Customer guaranteeing that the Goods will be free from manufacturers defect for a specific period from the date that those Goods are supplied and their installation is completed. The specific periods of guarantee for the Goods supplied are given at clause 8.10 below.
2. Conditions2.1 The Company intends to rely upon the written terms set out here and on the Contract. If you require any changes, please make sure that you ask for these to be put in writing. In that way, we can avoid any problems surrounding what the Company and you the Customer is expected to do.
3. Quotations, Contract and Variations to the Contract3.1 The Company shall provide the Customer with a Quotation for the sale, supply and installation of the Goods specified therein. Unless otherwise stated on the Quotation, it shall remain open for acceptance by the Customer for 90 days from the Quotation date, after which it shall cease to have effect.
3.2 If the Quotation is accepted and signed by the Customer, the Quotation becomes a binding Contract subject to the conditions given at clauses 3.3 to 3.6 below. 3.3 Accepted Quotations shall be subject to a site inspection by the Company Surveyor, which shall normally be carried out within fourteen days of the Quotation being accepted by the Customer and on a date mutually agreed between the Surveyor and the Customer.
3.4 Following a satisfactory inspection, the Company will write to the Customer to confirm this, and the Quotation shall become a Contract deemed effective and binding on both the Customer and the Company.
3.5 If the Survey reveals material adverse structural conditions, including subsidence, defective or absent lintels, poor state of general repair or such other valid reason, the Company will inform the Customer of this and, where appropriate, advise the Customer if the work could be completed at additional cost (for example, for additional building work). If the work cannot be completed for structural reasons, or if the Customer declines to meet any additional costs quoted, then the Contract shall be deemed cancelled.
3.6 No variation or amendment to a Contract shall be effective unless it is agreed between the Customer and the Company on a Contract Variation Form.
3.7 The Customer acknowledges that the installation of Goods may cause damage to surrounding brickwork, tiling and decoration. Whereas the Company will exercise every care in carrying out the installation, and will make good any damage to plaster within four inches of the outer edges of replaced windows and doors, the Company will not otherwise be responsible for making good any other unavoidable damage unless provision for this is expressly included in the Contract, or where such damage was caused by the Company’s own negligence.
3.8 Nothing in these conditions shall affect the statutory rights relating to faulty or wrongly described Goods. Further information about your statutory rights can be obtained from Local Authority Trading Standards Departments or the Citizens’ Advice Bureau.
4. Price4.1 The price shall be that as stated on the Contract and/or any Contract Variation Form.
4.2 All prices are inclusive of delivery charges and are subject to Value Added Tax at the applicable rate payable on the date that the Contract is signed.
5. Delivery5.1 The delivery dates as set out in the Quotation and Contract are best estimates only. The Company will make every effort to deliver the Goods on the date(s) agreed with the Customer, but shall not be responsible for delays caused by circumstances beyond the Company’s immediate control as set out in clause 8.13 below. 5.2 The Company shall not be liable to the Customer for late or non-delivery of the Goods where the reason for late or non-delivery is due to any act or omission of the Customer.
5.3 Delivery of the Goods shall be made to the Customer’s address as set out in the Contract.
6. Payment6.1 The Company shall issue the Customer with an invoice for the deposit two weeks prior to the agreed date of installation of the Goods. Payment is to be completed and the Customer shall pay the balance invoice in full on the day that satisfactory installation of the Goods is completed.
6.2 The Customer is required to make prompt payment. The Company shall be entitled to charge the Customer interest at a rate of four per cent per annum on any invoice sum outstanding until settlement of the invoice.
6.3 The Company reserves the right to recover from the Customer any actual costs (including legal and other professional fees) reasonably incurred, directly or indirectly, in connection with an overdue account.
7. Cancellation of Orders7.1 Subject to clause 7.2 below and where the Company is not in default of its obligations, a Contract shall be binding on the Customer once the Company has confirmed this in accordance with clause 3.4 above.
7.2 If a Customer wishes to suspend or postpone delivery of the Goods the Customer must notify the Company in writing at least 5 working days before the due date for delivery, failing which the Customer will be responsible for all reasonable costs incurred by the Company as a result of such suspension or postponement of delivery.
7.3 If, exceptionally, the Customer decides to cancel the Contract, the Company will seek to recover from the Customer all reasonable costs and expenses properly incurred and arising as a result of that cancellation. These costs may include (where appropriate) architect’s fees, surveyor’s fees, planning and/or building regulation fees, administration and sales fees.
8. Guarantees, Warranties and Limitation on Liabilities8.1 The Company warrants that the Goods are of satisfactory quality and fit for their normal purpose.
8.2 The Company will provide the Customer with a written Company Guarantee when the Contract has been completed, issue of which will not affect the Customer’s statutory rights.
8.3 In the event of a complaint by the Customer that the Goods are defective or that the installation is faulty, the Company will investigate the alleged defect or fault with a view to taking remedial action. 8.4 No warranty is given by the Company that any Goods supplied will correspond precisely in shape, design or colour with Goods sold to the Customer on a previous occasion.
8.5 No warranty can be given that goods replaced by the Company will correspond precisely with those supplied in the first place if the Company or its suppliers have discontinued the manufacture or supply of those goods. The Company shall, however, use reasonable efforts to find replacement goods which are similar to the goods being replaced.
8.6 Except where the Company is negligent in its installation of the Goods or the Goods are defective, the Company shall not be liable to the Customer for damage caused to the Goods or to the Customer’s property arising from a pre-existing building fault or from unseasoned timber away from the surveyed area around the immediate location of the installation, which leads to water penetration, condensation or damp after the Goods have been installed.
8.7 The Company shall not be liable to the Customer for any defect in the Goods (including any discolouration of uPVC products) once the Company Guarantee has expired.
8.8 The Company shall not be liable for any fault in the Goods or installation of the Goods attributable to adjustment, alteration, being tampered with or being added to by the Customer or by a third party.
8.9 For the avoidance of any doubt, the Company will only be responsible for loss or damage to the Goods caused by the Company or its employees, or due to an inherent manufacturing defect in the Goods. The Company shall not be liable for any damage to the Goods caused by the Customer or by a third party.
8.10 The following specific Guarantee periods shall apply to all other Goods provided and installed by the Company:
8.10.1 Aluminium, wooden and uPVC Windows and doors, including their associated building work where applicable and when undertaken by the Company at the time of installation are guaranteed for a period of 10 years.
8.10.2 Glass except where the Company is aware of any damaged glass and is arranging for its replacement, the Company shall not be liable to the Customer in respect of any crack or damage to glass which has not been notified by the Customer to the Company in writing within 30 days following completion of the installation of the Goods. 8.11 All guarantee periods referred to herein shall become effective from the date of completion of installation of the Goods.
8.12 The Company shall not be liable to the Customer for any loss or damage caused by the Company or any of its employees or agents where such loss is not a reasonably foreseeable result.
8.13 The Company will not be liable to the Customer for any delay in performing or any failure to perform its obligations in respect of the delivery and installation of the Goods if that delay or failure is due to any cause beyond the Company’s reasonable control. Without limiting the generality of this clause, any of the following may be regarded as causes beyond the Company’s reasonable control (where the Company is not at fault):
8.13.1 Act of God, explosion, flood, fire, accident or breakdown of plant and machinery beyond the Company’s reasonable control
8.13.2 War, threat of war, sabotage, civil disturbance
8.13.3 Strikes, lock-outs or other industrial action or trade disputes on the part of the Company’s suppliers
8.13.4 Sickness or death of employees of the Company or any supplier or specialist third party instructed by the Company to perform any of the obligations in respect of the delivery and installation of the Goods
9. Dispute9.1 English Law governs these Terms and Conditions of Business. Although the Company will try to resolve any disagreements quickly and efficiently, where this is not possible both the Company and the Customer agree to submit to the jurisdiction of the English Courts.
Version Date: April 2015
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