1. All terms of the contract between the Purchaser and the Company are contained in this document. No representations or warranties are made or given by the Company save as herein and in particular no guarantee or warranty is given that the installation will reduce, eliminate or be free from condensation. No variation of or addition to the work specified overleaf shall have effect unless agreed in writing under the signature of a duty authorised officer of the Company.
2. The Purchaser shall grant the Company’s employees access to the premises at reasonable times for the purposes of taking measurements and of carrying out the work specified.
3. The balance payable on completion referred to overleaf shall be paid to the Company upon delivery of the installation or upon the fixing of the installation being completed where fixing is part of the contract. Payment shall be in cash or by way of cheque or money order payable to Traditional Windows and crossed “A/c Payee only”. The Purchaser shall not be entitled to withhold payment by reason of any alleged minor defect. The Company will investigate any alleged defect after payment of the full balance payable on completion.
When payment is not made on the due date in accordance with this condition, the Company shall have the right to require payment of interest on the outstanding amount at a rate of 2% per month from the due date until the date of actual payment. Any variation in the application rate of VAT or, where no VAT is shown overleaf as chargeable, any imposition of VAT after the date of the order overleaf will be passed to the Purchaser.
4. Representatives and showroom samples are used to demonstrate a typical window and its composition. Window(s) and door(s) shown in the Schedule overleaf will be measured and manufactured in the way considered by the Company and pursuant to the Company’s policy of continuous improvement to its products it reserves the right to make any necessary modifications.
5. The Company undertakes to repair or replace free of charge any unit manufactured by which proves defective as a result of faulty materials or workmanship within 10 years from the date of the installation. Damage due to accident or misuse and faults or premature deterioration resulting from the Purchaser’s failure to comply with the Company’s maintenance instructions are not covered by such warranty. Accordingly, the Purchaser’s attention is drawn to such instructions and in particular where wooden frames are used, to the need periodically to coat the unit frames with sealant. Where white frames are used, the Customer’s attention is drawn to the fact that some slight dulling of the brilliant white finish will inevitably occur during the warranty period due to the effects of weather. Accordingly, the Company’s warranty is qualified in this respect. This condition states the full liability of the Company in respect of disputes and the Company shall not be liable for consequential loss of any nature whatsoever (including without limitation) any loss of earnings.
6. If the work specified is not completed within the delivery period quoted to the Purchaser the Purchaser may serve notice on the Company requiring that the work be completed within such a reasonable period as the Purchaser may specify (in general the Company would accept six weeks as being reasonable). If the work is not completed within such extended period the Purchaser may cancel the uncompleted work covered by the Contract by the service of written notice to the effect on the Company. Notwithstanding the foregoing (i) the Company shall not be liable for any delay in the completion of; the work which arises from causes beyond the reasonable control of; the Company and in the event that time has been made the essence of the Contract, time shall not run during any period when delay on that account is operating and (ii) cancellation of any uncompleted work shall be without prejudice to the Purchaser’s liability to pay for such part of the work as has been completed.
7. In the event that the Purchaser insists against the Company’s advice on ordering a glazed installation of a size or style which results in the Company’s recommended maximum size for a particular area of glass being exceeded (and this fact is noted on the order overleaf), the Company shall not be responsible for any risk or potential adverse consequences involved and the Company’s above-mentioned guarantee shall not apply to any defect which is the result of the installation of oversize unit.
8. The Company will make good any damage caused in the course of installation to plaster, floor, rendering or brickwork immediately surrounding any window or door installed but does not undertake to provide matching ceramic or other tiles or specialised finishes such as Tyrolean or pebble-dash, or to avoid damage to surrounding wallpaper or paintwork or to remove intact any panes of glass or frames from old windows required to be retained by the Purchaser. The Company accepts no responsibility for any damage resulting from structural or other defects in the property at which the installation is carried out but any compliant or claim by the Purchaser for compensation for damage done by the Company for which it may be liable under these terms and conditions must be made in writing to reach the Company within 14 days of installation in default of which the Company will accept no liability therefore.
9. All glass used is the best available, but glass manufacturers will not give a guarantee covering minor imperfections and the Company cannot be held responsible for any such imperfections.
10. Where the Contract in respect of the order, details of which are given overleaf, is negotiated other than at the premises of the Company, the Contract and any application for credit arranged by the Company may be cancelled by the Purchaser without penalty if he serves written notice of his desire to cancel on the Company at 74 Mead Avenue, Langley, Slough, Berks SL3 8HT by the end of the seventh day following that on which the form of acceptance was signed. Upon receipt by the Company of any such cancellation notice, any deposit paid by the Purchaser will be returned to him. Subject to the foregoing provisions of this Clause, upon the signing by the Purchaser and a duly authorised representative of the Company of the form of acceptance overleaf a binding contract will be created and such contract shall not be subject to cancellation by the Purchaser, although the Company reserves the right to cancel any order by refunding all monies paid upon receipt of an unsatisfactory credit references being obtained in respect of the Purchaser. Without prejudice to its right to claim damages for breach of contract, the Company may at its sole discretion in appropriate cases agree to the cancellation of an order which the Purchaser has no right to cancel upon the payment to the Company of all expenses incurred by it prior to the date of cancellation.
These Terms and Conditions shall not be construed so as to affect the statutory or common law right of the Purchaser.