TERMS AND CONDITIONS (PART 1)
1. The customer agrees to purchase and the Company agrees to supply and install at the installation Address the product (the Product) described in the First Schedule. The Model Code List and the Specification upon the terms of this Agreement.
a. The Customer agrees to pay to the Company's Installer the Total Price (less deposit) shown in the First Schedule in full at the time of the installation if being further agreed that in the event of any change in the rate of Value Added Tax applicable to the Producer prior to the date of installation the Customer will be responsible for any increased amount such tax and the Company will allow the Customer any decrease in the amount of such tax and the Total Price will be adjusted accordingly
b. The Total Price is a fixed price save as mentioned in paragraph (a) above unless there being no default or delay on the part of the Company the Customer is unable to accept delivery within 6 months of the date of this agreement. In the latter event the Company reserves the right to charge the total price applicable to the Product at date of installation.
2. The Customer hereby acknowledges and agrees:
a. that he has carefully read and understands this Agreement.
b. that he has received a true copy of this agreement and the Model Code List and the Specification.
3. It is acknowledged that this agreement constitutes a legally binding Agreement between the Customer and the Company provided only that:¬
a. the Company will where this Agreement has been negotiated away from business premises accept cancellation of this Agreement without penalty ONLY if the Customer notifies the Company in writing at it's above address of his desire to do so and such notification reaches the Company within 7 days of date hereof.
TERMS AND CONDITIONS (PART 2)
1. All goods remain the property of the Company until paid in full.
2. The Company only uses glass from reputable British supplier and the glass conforms to the highest specifications and standards.
3. In the event of cancellation the Company reserves the right to charge for any costs it has incurred prior to cancellation.
4. A deposit of 20% of the total amount of order is required at time of ordering. The final balance of the purchase will become due immediately upon completion of the installation. The Customer will pay interest at 3% per annum above 8arclays Bank Pic base leading rate (or any rate substituted therefore by Barclays Bank Pic) for the time upon all sums due from you to the Company until date of payment.
5. The customer will give all reasonable access to the premises to the Company, its servants and workmen in order that the Company may complete the installation.
6. The removal of all electrical points, furnishings, radiators and curtains etc. required in order to commence the installation is the responsibility of the customer unless written into this contract.
7. The Company will not be held responsible for any unforseen defects which arise in the timber, brickwork etc. which may require rectification before work is carried out. Any such defects will be pointed out to the customer and written instructions will be required from the customer before work proceeds.
8. The Company cannot accept responsibility for any structural defects which may occur due to age or badly constructed property, or for any consequences of actions beyond its control such as strikes, acts of God, riots etc.
9. The Company may make, at its discretion, any modifications or additional demand necessary to meet specifications or safety standards.
10. The Company will make good only where necessary I.e. mortar on reveals, plaster work, rendering and cannot guarantee any match due to weathering.
11. The guarantee does not apply to any materials or components which have been the subject of accidental damage, damage by misuse or which have been damaged during assembly or installation by the Customer, the Company accepts no responsibility for customers own fitting or fitters. (Supply only).
12. The guarantee applies to the following materials and components supplied to the customer for the period specified:¬
MATERIALS/COMPONENTS GUARANTEED PERIOD
Moving Parts = One Year
Extrusion (Except glass and sealed units) = Ten Years
Sealed Units = Ten Years
Sealed Units in Conservatories = Ten Years
13. All glass supplied for patios, doors and rootlights is a recommended safety glass.
14. The guarantee period referred to commences on the date of their dispatch or installation to the customer.
15. The guarantee does not apply to:¬
(a) Normal wear and tear.
(b) Any materials or components incorrectly assembled or installed contrary to the instructions or recommendations of our Company.
(c) Any materials or components which have not been maintained as recommended by our Company.
16. This guarantee does not cover for breakage of glass after the installation is complete.
17. Conservatory roofing sheets of any description are not guaranteed against abnormal climate changes which may cause the structure of materials used to breakdown in some way, also the guarantee does not cover against any penetration of insects, misting and mould growth between the chamber of the sheets. Any external trimmings are covered for 12 months under normal climate conditions.
18. All guarantees are given in good faith. However, if it is deemed after a visit from a company representative that our product has been misused, tampered or damaged in any way etc., we will render the guarantee null and void, leaving any remedial work to be carried out at a pre-arranged fee, which shall be payable before any work commences.
19. This guarantee is non-transferable. All goods remain the property of Wards Windows Warrington Ltd. until payment has been received in full, and has cleared banking process.
20. TITLE OF GOODS
1. Notwithstanding delivery and the passing of risk in the goods, or any other provision of these conditions, the property in the goods shall not pass to the buyer until the seller has received in cash or cleared funds payment in full of the price of the goods and all other goods agreed to be sold by the seller to the buyer for which payment is then due together with any interest or any other sums payable under the relevant contract of the goods and such other goods.
2. Until such time as the property in the goods passes to the buyer, the buyer shall hold the goods as the sellers fiduciary agent and bailee and shall keep the goods separate from those of the buyer and third parties and properly stored, protected, insured, and identified as the seller’s property. Until that time the buyer shall be entitled to resell or use the goods in the ordinary course of business, but shall account to the seller for the proceeds of sale or otherwise of the goods. Whether tangible or intangible, including insurance proceeds, and shall keep all the proceeds separate from any monies or property of the buyer and third parties and, in the case of tangible proceeds, property stored, protected and insured.
3. Until such time as the property in the goods passes to the buyer (and provided the goods are still in existence and have not resold) the seller shall be entitled at any time to require the buyer to deliver the goods to the seller and, if the buyer fails to do so, forthwith to enter upon any premises of the buyer or any third party where the goods are stored and repossess the goods.
4. The buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the goods which remain the property of the seller, but if the buyer does so all monies owing by the buyer to the seller shall (without prejudice to any other right or remedy of the seller) forthwith become due and payable.
Terms & Conditions