Company Terms and conditions for installation of new glazing and bespoke joinery
*The value of bespoke/made to measure products quoted are excluded from a consumers right to cancel.
1. In these conditions of sale The Company means Sussex Sash Window Restoration Ltd whose office is at 47 Sheridan Terrace, Hove, BN3 5AH. The Customer” means the person, firm or company from whom an order is accepted by the Company. “Goods” means goods or services which are subject of such an order be it placed verbally or in writing.
2. The Customer agrees to purchase and have installed the Goods specified in the form of an order.
3. Orders are individually manufactured and any Goods not used in their intended location in the Customer’s premises cannot be credited against the contract price.
4. The total outstanding balance is payable immediately after the Goods have been properly installed or delivered in accordance with the terms of the contract. Payment is to be made to the installer in cash or by cheque made payable to the Company. Any outstanding balances not paid in full by the Customer on the date of the installation will be compounded at a monthly interest rate of 2.5%
5. This order is accepted by the Company subject to a final technical survey, which will be carried out in daylight hours.
6. The Company reserves the right to cancel this order in the event that the surveyor is not entirely happy that the Company can fulfil its obligations to the Customer within the contract price. In this event, any deposit or monies in respect of the contract will be refunded in full by the Company.
7. The Customer hereby acknowledges that the items and diagrams in this contract have been checked and are correct.
8. Risk shall pass to the Customer when Goods leave the Company’s premises where the Customer collects. Risk shall pass to the Customer when Goods have been installed by the company.
9. Notwithstanding that the risk in the Goods has passed to the Customer, the ownership of the Goods shall remain with the Company which reserves the right to possession and to dispose of the goods until such time that payment has been received in full by the Company and cleared through the Company’s bank account.
10. The Customer agrees to permit access to the Company, its servants and workmen to the installation address at all reasonable times in order that the Company may carry out the works scheduled. If, within 28 days of being advised that the Company is ready to install, the Customer has not agreed to an installation date, the balance of the bespoke product* supply cost becomes payable. A bespoke product is one that has been designed and manufactured to the Customer’s specification and/or made to measure. For example, including, but not solely; glass, frame colour or hardware specification.
11. The Customer will provide the free use of a reasonable amount of water, electricity and toilet facilities.
12. The Company will take all reasonable care of the Customer’s property when carrying out the work but cannot accept liability for re-decoration.
13. The contract price does not include for the repair or replacement of any rotten timber, defective lintels, hidden services or hazardous materials such as asbestos found during the course of carrying out the works of for the repair otherwise of any other structural defects unless such work is specified in the schedule of work. Any such work found to be necessary will be brought to the attention of the Customer and will be the subject of a separate quotation.
14. You are responsible for ensuring that your property is structurally sound, in good condition and free from material defects. We cannot be held responsible for any damage caused or extra work required if this is not so. especially when other trades are working in or around the property especially on scaffolding.
Any works that is carried out on the external part of the property can cause debris to enter the building and cause damage to the glazing. this has got to be at the risk of the customer and the contractor that is involved in the other works to the property.
it is wise to have copies of all contractors/ subcontractors public liability’s insurance so that if an insurance claim is needed due to damage or untidy work areas this can be done in a speedy manner.
15. The Company does not undertake to move services, fixtures or fittings which are ancillary to the basic structure of the property, e.g. radiators, pipes, electricity, telephone or television cables and the Customer shall remove all household fixtures, including curtains, nets and blinds, before the installation is due to commence. The Company does not take any responsibility for damage caused to any of the above, if not removed by the Customer whilst work is executed. The Company reserves the right to charge for wasted time if it is unable to carry out work due to site specific restrictions/conditions.
16. No undertaking can be given that the Customer’s existing doors, windows and/or frames can be removed so as to be fit for re-use or any other purpose and they will be removed from the site and disposed of unless the Customer instructs the installer to leave them. Every effort will be made to protect and clean working areas as best as practicable, but the Company cannot be held responsible for small fragments /splinters/ particles, which may still be present.
17. We will take reasonable care to keep intact any panes or frames from old windows and doors and any secondary glazing that you tell us you wish to retain but such items are fragile and prone to breakage on removal. Accordingly we will not be liable for any damage or total loss of such items during or following their removal unless caused directly by our negligence.
18. The Company reserves the right to make minor variations in the specification of any of its products at its discretion and without prior notice to the Customer, in keeping with the Company’s policy of continuous development and improvement. Any specification changes will be of an equal or improved product standard.
19. Any product guarantee will come into effect immediately upon completion of the works provided that the full price has been received (less any appropriate amount in the event of defects) by the Company on the due date.
20. It should be clearly understood that no alteration or cancellation of the order, if signed by the Customer or work agreed upon in email verification of replacement or restoration “subject to building society/bank/finance company approval”, can be made, unless written confirmation of the refusal of finance received from the building society/bank/finance company concerned is provided to the Company. At that time, this Contract will be deemed to be null and void and any deposit which has been paid will be returned to the Customer.
21. The delivery or installation period quoted is that anticipated at the time of the order and will be improved on if possible. In the event that this contract is not completed within the specified delivery period, the Customer may serve notice on the company in writing, requiring that the work be carried out and completed within six weeks. If the work is not completed within such expended period, the Customer may cancel the uncompleted work covered by the contract without penalty on either side and without loss of any deposit paid by serving written notice by recorded delivery post to the Company. Notwithstanding the foregoing, the Company shall not be liable for any delay in the completion of 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 such delay or when a delay due to the customer or manufacturer of glazing products.
22. The company employs third parties to process the glass that we install and cannot be held accountable for any delay in the timescale of production of the glazing products and delivery. If the product deems unfit for installation Sussex sash window restoration will ask the manufacturer to reproduce the said product, this could incur another delay in timescale which we would not be held accountable for.
23. During installation or restored sash windows the E-coating is very soft and could get displaced slightly from its sheen effect from using the glazing installation process. This is a process of installation and we cannot be held responsible for this.
24. The Company’s liability to the Customer in respect of the direct or indirect consequences of any breach or non-performance howsoever caused or of the strikes or of lock-outs or of any other circumstance beyond the Company’s control or of non-supply by a third party or arising out of negligence or of any misrepresentation or of force majeure or of any other tort or breach of statute by the Company, its employees or its agents shall be limited to the price of the goods which are subject matter of the particular order. The Company reserves the right to treat the contract as at an end with no compensation payable to the Customer.
25. The Company does not claim or guarantee that its products eliminate or even reduce the incidence of condensation.
26. Any specifications, statistics, advice or other information given to you by us regarding any glass we supply is either quoted from or based on information provided to us by the manufacturer and relates solely to the glass itself. Such specifications, statistics, advice and information do not relate to or take account of the acoustic properties or performance of your building so it is possible that the installation of the glass may not meet your expectations in relation to noise reduction or sound proofing.
27. The Company will, at its sole discretion, repair or replace all goods that are or become defective by reason of faulty materials or workmanship in line with our written guarantee.
28. The glazing products that we use are from Slimlite glazing limited. All our guarantees are based on the same maintenance procedure as the glazing product that has been installed so strict maintenance guidelines are needed to be followed for after care of the product. If this is not done with redecoration then the company is not liable for any defects that has occurred through lack of maintenance
29. For general applications quality inspection is routinely carried out by visual observation, that is looking through the glass in the plane of the glass sheet at normal incidence (i.e. at 90 degrees to the glass surface). In line with the Glass and Glazing Federation (GGF) Guidelines, the glass shall be viewed from a distance of not less than 3 metres away. The use of strong lamps and/or magnifying devices is not allowed. It is not permissible to find defects at close range and then mark them so as to be visible from the given viewing distance.
30. Nothing in these terms and conditions shall be interpreted as excluding or restricting the statutory rights of the Customer.
31. The formation, construction and performance of this agreement or shall be governed in all by English Law.
*Bespoke product definition – A product designed and manufactured to the customer’s specification and/or made to measure