Retail Terms & Condistions of Sale

 

1. DEFINITIONS:

1.1 “The Company” means the party named overleaf trading as Ideal Window Solutions Ltd.

1.2 “Conditions” means the terms and conditions of sale set out in this document and any special or additional terms and conditions agreed in writing by the company and recorded overleaf.

1.3 “Contract” means the contract for the purchase and sale of the Goods and Installations Services.

1.4 “Delivery” means delivery of the Goods to the Purchaser’s premises or the installation site designated by the Purchaser as detailed overleaf.

1.6 “Goods” means the products which the Purchaser agrees to buy from the Company as detailed overleaf.

1.7 “Installation Services” means the installation services as detailed overleaf which the Purchaser agrees to purchase from the Company.

1.8 “Price” means the total price for the Goods and Installation Services inclusive of VAT

1.9 “Purchaser” means the person who purchases or agrees to purchase the Goods and any Installation Services from the Company.

2. SCOPE OF CONTRACT:

2.1 The terms set out overleaf and below, together with any specification referred to overleaf and. where applicable, the final survey sheet comprise all the terms of the Contract between the Company and the Purchaser. No other statement, written or oral, including statements in any of brochure or promotional literature of the Company, shall be incorporated into the Contract or have any legal effect save as otherwise provided herein.

2.2 If any special provisions, or variations to these terms, are agreed by the company and the purchaser, these should be made in writing and signed by both parties wherever possible. Consumer’s rights under the Misrepresentation Act are not affected.

2.3 Showroom samples, brochures and photographs are intended as a general guide to the functioning of a typical unit and the materials used. The units specified in the schedule to the Contract will be manufactured according to the published specification but, pursuant to the Company’s policy of continuous improvements to its products, it reserves the right to modify such specifications from time to time.

2.4 The Company reserves the right to make any changes in the specification of the Goods which are required to conform with any applicable safety or other statutory requirements.

3. APPROVALS:

3.1 The company will arrange FENSA certification, and electrical safety certification in accordance with part P of the building regulations, where appropriate.

3.2 Unless otherwise agreed it is the responsibility of the Purchaser to obtain all relevant and necessary approvals, including but not limited to any deed of covenant or landlord approval and/or those from local authorities in respect of building regulations, planning permission, alterations to listed buildings or alterations carried out in a conservation area. The company cannot be held responsible for any delay in completion of the contract, or other loss directly arising from, the purchaser’s failure or delay in obtaining any of the above. Any costs associated with taking down or removing an installation in these circumstances will be the chargeable to the customer

3.3 Any additional work to be found to be necessary subsequent to this Contract being entered into in order to obtain or comply with any statutory or other approval or consent will (if undertaken by the Company) be subject to a variation of Contract adjustment and notified and charged to the Purchaser.

4. THE PRICE AND PAYMENT:

4.1 The Price shall be the sum set out overleaf and shall be paid as follows:
(a) For conservatories - supply and fit:
(i) A deposit of 25% of the Price payable on the signing of this Contract;
(ii) A further 50% of the Price payable on starting basework;
(iii) 25% on final completion.
(b) For windows - supply and fit:
(i) A deposit of 25% of the Price payable as in (a) (i) above;
(ii) The final 75% of the Price payable on completion of the installation.
(c) For all products - supply only:
(i) A deposit of 25% of the Price payable as in (a) (i) above;
(ii) The final 75% of the Price payable 3 days prior to Delivery.

4.3 In the event that payment is not received by the Company on the due date the Company reserves the right to:
(a) Levy an interest charge on the outstanding balance (whether after or before judgement) at a rate of 5% per month from the due date until the final settlement date (a part of a month being treated as a full month for the purpose of calculating interest); and/or
(b) Cancel the Contract or suspend Delivery or Installation until payment is made.

4.4 The Purchaser shall not be entitled to withhold payment on account of any alleged defect. The Company agrees to fully investigate any alleged defect notified to it by the Purchaser provided it has received payment in full of such of the Price as is then due and payable, but not otherwise.

 

5. DELIVERY:

5.1 Delivery dates are assessed and may be confirmed after survey following notification to the manufacturer and not at the point of sale. Sales personnel will not know the fitting workload of the Company and cannot therefore give accurate estimates.

5.2 Delivery and/or Installation dates suggested and marked overleaf are estimates only and subject to written confirmation by the Company. Whilst the Company will use its best endeavours to effect Delivery and complete Installation by estimated dates, the Purchaser shall not be entitled to terminate this Contract by reason only of the Company’s failure to effect Delivery or complete Installation by the estimated dates.

5.3 The company will endeavour to meet the estimated time-frame for delivery and installation. In the event of delays in completing works, the purchaser will be kept informed. If there are any special circumstances which make the estimated completion date particularly important, these should be notified to the company in writing prior to making this agreement. Consumers’ rights to expect completion within a reasonable time under the Supply of Goods and Services Act are not affected.

6. INSTALLATION:

6.1 The Company will carry out only the work listed on the Contract and final survey sheet.

6.2 The Purchaser will permit the Company, its agents, employees, and contractors access to the installation site at all reasonable times so that the Company may complete the Installation between the hours of 8.00am and 5.00pm.

6.3 Neither the Company nor its agents, employees or contractors will be in any way responsible for structural defects or underground obstructions existing in the property at the time of the commencement of the works and which become evident as such works progress.

6.4 The Company will not accept liability for imperfections of a minor or insignificant nature.

Timber Products
Windows and conservatories made from wood will always vary in appearance, particularly when finished wood stains are applied. Each tree has individual characteristics, some wood stain colours when applied may appear lighter or darker and the Company takes no responsibilities for colour variation or matching existing colours and will not enter into any discussions in this regard.

6.5 The Company will rectify any damage to plastering caused during installation to the areas close to the items being replaced, but cannot undertake to match exact finishes such as external rendering.

Tiling
The Company will take the utmost care when removing windows and doors where tiling has been fitted up to the windows or doors, but can take no responsibility or liability for damaged tiles which break under flexing when removing windows and doors, as it is almost certain that tiles will break in this situation.

6.6 It is the Purchaser’s responsibility to remove and replace curtains, blinds and pelmets. The Company will not be required to remove existing fittings and materials so that they may be capable of re-use. It is not possible to ensure an exact match to existing brickwork due to manufacturing processes, however the Company will use all reasonable endeavours to obtain as close a match as possible.

6.7 The Company can provide, at additional cost, a skip for the removal of waste material from the site. If the Purchaser makes alternative arrangements for the removal of waste material, the Company does not accept liability in respect of any accident, injury or damage resulting from the Purchaser’s inability to arrange for the safe disposal of such waste material.

6.8 The Company does not guarantee that condensation will be eliminated.

6.9 Under British Telecom Regulations the Company is not permitted to move telephone cables and junction boxes attached to existing window frames it is the Purchaser’s responsibility to arrange with British Telecom for the relocation of these, either before or during Installation.

6.10 It is the customers responsibility to ensure that any alarm systems attached to doors or windows which are to be replaced are disconnected before installation.

7. TITLE:

7.1 Goods delivered shall be at the Purchaser’s risk from the time they are delivered.

7.2 The property in goods delivered shall not pass to the Purchaser until the Purchaser has paid to the Company the full amount of the Price and any other sums due under the Contract.

7.3 The Purchaser hereby grants the Company, its agents and employees an irrevocable licence at any time to enter the Purchaser’s premises where the Goods are stored in order to recover such Goods where the Purchaser’s right to possession has terminated.

8. CANCELLATION:

8.1 The Company reserves the right to cancel the Contract should its surveyor’s report prove unsatisfactory, whereupon the deposit will be repaid to the Purchaser in full.

8.2 The Purchaser shall not cancel the Contract other than at the discretion of the Company. In the event that the Company accepts such a cancellation, it reserves the right to levy a charge to cover costs it has incurred which will be deducted from any monies due to be repaid to the Purchaser.

9. GUARANTEE:
All sealed glass units and UPVC Products are guaranteed against inherent defects (impact or accidental damage or misuse excepted) under the terms of the Ideal Window Solutions Ltd guarantees, particulars of which are available from the Company upon request.

10. WARRANTIES AND LIABILITY:

10.1 Subject to the conditions set out below the Company warrants that the Goods will correspond with their specification at the time of Delivery:
(a) The Company shall be under no liability in respect of any defect of a minor or insignificant nature (in accordance with the guidelines laid down by the Glass and Glazing Federation) or arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the Company’s instructions (whether oral or in writing), misuse or alteration or repair of the Goods without the Company’s approval;
(b) If any due payment is outstanding the company may refuse to carry out remedial works (including any guarantee provisions) where reasonable.

10.2 Where the Goods are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976) the statutory rights of the Purchaser are not affected by these conditions.

11. FORCE MAJEURE:
The Company shall not be liable for any breach of its obligations hereunder resulting from causes beyond its reasonable control, including but not limited to, fires, strikes insurrection or riots, embargoes, war, commotion, storms, floods or delays in transportation, inability to obtain supplies of raw materials or regulations of any civil or military authority.

11.1 If Delivery and/or Installation is delayed by force majeure, being any circumstances outside the direct control of the Company, the following provisions shall apply:
(a) The Company shall as soon as is practicable give the Purchaser notice as to the reasons for the delay, provided that the Company shall incur no liability to the Purchaser by reason of any failure to give notice;
(b) The Company’s duty to effect Delivery and/or Installation shall be suspended for so long as the force majeure circumstances continue and the estimated or confirmed time for Delivery and/or Installation shall be extended by an equivalent period;
(c) The Goods and all materials forming part thereof and/or required for the Installation Services are subject to availability and the Company shall not be liable to the Purchaser for any losses caused to the Purchaser as a result of any delay caused by the lack of availability of the Goods and/or such materials.

12. WAIVER:
The waiver by the Company of a breach or default of any provision of these conditions by the Purchaser shall not be construed as a waiver of any succeeding breach of the same or other provisions, nor shall any delay or omission on the part of the Company to exercise or avail itself of any right, power or privilege that it has or may have hereunder operate as a waiver of any breach or default by the Purchaser.

13. SEVERANCE:
If any provision of those Conditions is held by any competent authority to be invalid or unenforcable in whole or in part the validity of the other provisions of these Conditions and remainder of the provision in question shall not by affected thereby.