For the purposes of these Terms of Business (hereinafter, “Terms”), “us” or “we” shall refer to The Window Workshop (Sussex) LTD, and “you” shall refer to you, our customer. You have requested that we undertake certain works for you and, by allowing us to proceed with those works, you are indicating your agreement to the Terms set out below.
- Estimate
The value of the estimate is what we expect to charge you for the works, based on our initial discussions. In the event of unforeseen circumstances or unexpected issues arising, it may be necessary to review the original price and provide you with a new estimate. You have the right to accept or decline the revised price.
- Written Quotation
The written quotation follows the estimate and is the final price for the works discussed, including labour and materials, additional costs including expenses (if any) and tax. Any subsequent variation to the works (including, without limitation, if you change the scope or if unforeseen circumstances or unexpected issues arise) will likely result in a new or revised written quotation. You have the right to accept or decline the new quotation. Should you choose to decline, all works will cease and, on receipt of our invoice, you must pay in full for all works already completed in accordance with the original quotation.
- Client Obligations
- if you and we agree that you will be responsible for providing the measurements for some or all of the materials and/or products needed for the works, you alone will bear the cost of replacing the said materials and/or products in the event the measurements are incorrect;
- if you and we agree that you will be responsible for providing some or all of the materials and/or products needed for the works, you alone will bear the cost of replacement in the event the said materials and/or products turn out to be faulty and/or unsuitable;
- you will inform us, prior to the works commencing, of any hazards or potential hazards known or suspected in or around the premises where the works are due to be carried out;
- you will grant us access to the premises where the works are to be carried out and will ensure that all necessary consents, permissions and licences, if any, have been obtained in advance of the works commencing;
- you will ensure the safe and secure storage of any materials and/or equipment left (with your permission) at the premises during the works, and will be accountable to us for any loss of or damage to such materials and/or equipment;
- without prejudice to 4(i) and 4(iii) below, you will (unless included as part of the quotation) be responsible for any necessary improvements to and/or redecorating of the premises following the completion of the works.
- Supplier Obligations
- we will undertake the works with all due care, skill and diligence, will complete the works within a reasonable timeframe, and will ensure that we comply at all times with all applicable laws and regulations;
- we will supply materials and/or products needed for the works (if any) that are of high quality and, without prejudice to 3(i) above, will take full responsibility for replacing any materials and/or products that prove to be faulty or substandard;
- we will take good care of your property, furnishings and wall coverings and, on completion of the works, will remove any resulting waste material;
- we will supply one or more, as necessary, of our dedicated team to undertake the works for you. Unless agreed otherwise, the person(s) supplied will be at our discretion and may or may not be the same as the person(s) who provided you with the original estimate and/or quote;
- we confirm that we hold, and will continue to hold, a valid and current Public Liability Insurance Policy and, where relevant, Employers Liability Insurance Policy.
- Materials and Products
For the avoidance of doubt, all materials and/or products supplied and delivered to you during the course of the works shall remain the property of The Window Workshop (Sussex) LTD until such time as the works have been paid for in full by you, following receipt of our invoice. Title to such materials and/or products will transfer to you only when full payment has been received by us.
- Force Majeure
Neither party shall be held liable for any delay or failure in fulfilling their obligations under these Terms where such delay or failure results from circumstances beyond that party’s control (including, but not limited to, an act of God, fire, act of government or state, prevention from or hindrance in obtaining any raw materials, energy or other supplies, industrial action or labour disputes of whatever nature, and any other reason beyond the control of that party).
- Cancellation
Should you wish to cancel the contract between us in respect of the works, you have (in accordance with the provisions of the Consumer Contract Regulations 2013) fourteen (14) days in which to do so following your acceptance of our quotation. You are obligated to pay for any services provided to you during this 14-day cancellation period, if any.
- Payments
Full payment terms (including, where relevant, interval payments to be made by you) are as set out in the applicable quotation. For the avoidance of doubt, you agree to settle any undisputed invoice in full within 14 days of receipt and you further agree to pay us interest at a rate of 2% above the Bank of England base rate on any payments not settled in accordance with these Terms and the terms of the applicable quotation.
- Complaints
We hope and expect that you will have no cause to complain about any aspect of our service. If, however, there is anything at any point that does not meet your expectations, please do not hesitate to let us know and we will do our utmost to make things right.
- Condensation
It is hereby agreed and the purchaser expressly advised that, no guarantee, warranty or condition shall be implied into the contract that the fitting of double glazing will eliminate or reduce condensation from the purchasing premises.
- Guarantee
Provided the following clauses are complied with, the glazing will be guaranteed by the company for the full period stated in the quotation (guarantee period may vary according to type of installation).
- the guarantee may lapse, if the purchaser carries out any alteration or amendment to the installation, which may affect the performance of the glazing/product;
- in the case of supply only contracts, the guarantee may lapse if the glazing/product is incorrectly installed or glazed;
- the guarantee may be assigned to another person, firm or company, however, the company should be informed in writing. An administration charge of £30.00 may be applied to transfer the guarantee;
- the terms of the guarantee do not, in any way, restrict the purchasers’ common law or statutory rights;
- the guarantee on supply and install upvc contracts is 10 years on frames and installation, 5 years for glass sealed units and 1 year on hardware, (handles, hinges etc) including any moving metal parts, 5 years on door mechanisms, subject to the customer carrying reasonable regular maintenance including lubricant on all working metal parts. The guarantee excludes accidental damage or abuse.
- in the event of any fault being reported, The company will endeavour to attend as quickly as possible, but cannot offer an ‘out of hours’ emergency service. The company, therefore, cannot accept responsibility for costs incurred, if others are engaged in carrying out work, which would otherwise be covered by the guarantee.
- Surveyor’s Inspection
- supply and install contracts are subject to a detailed inspection by the company’s surveyor. (supply only contracts, sizes are to be provided by the customer).
- if, on a detailed inspection, the company find any reason why the glazing may not be installed at the original price, the company will write to the purchaser to advise of reasons (structural or variation or size limitations etc) and detail any additional costs. At this point the purchaser has the right to accept or cancel. In extreme cases the company reserve the right to withdraw from the contract and the purchaser shall have no claim against the company, whatsoever.
- Materials
- all glass and frames provided by the company shall be of good and merchantable quality, provided that the company are not responsible for minor imperfections in glass (as detailed in the glass and the glazing federations document, standards for visual quality).
- b) Representatives and showroom samples are used to demonstrate a typical product and its composition. The company reserve the right to make minor modifications in line with conditions dictated by the survey and the company’s policy of continuous improvement.
- c) ‘Furniture’, handles, hinges, etc. may be changed over time. Therefore, if a replacement part is required under the guarantee, the company will endeavour to supply similar to the original part, but cannot guarantee an exact match.
- Removal of Materials
The company cannot guarantee that the purchaser’s existing windows and doors will be re-useable and, unless otherwise specifically stated in writing, the items removed shall be taken from site and disposed of.
- General
- the company recommend that certain maintenance and cleaning procedures be carried out from time to time.
- the company shall not, under any circumstance, be liable for any loss, injury, damage or delay or consequence of any such loss, injury, damage or delay, arising out of any cause whatsoever, beyond the reasonable control of the company (this does not exclude the purchaser’s rights in the event of negligence by the company).
- the company reserves title to goods supplied, until full payment has been made.
- throughout the contract, reference to the purchaser is plural as well as the singular and any agreement or variation by one of the purchasers’ shall be binding on them all.
- Planning Permission and Building Regulations
It is the responsibility of the purchaser to obtain all necessary license, consents and permission. However, the company will act as the purchasers’ agent where requested.
- Fensa
A Fensa certificate is required on all window and door installations for dwellings. The company will notify Fensa of the installation and Fensa will issue a certificate in due course (normally within 4 weeks). Please keep this certificate safely, as it may be required at a later date. If you should lose the certificate, you will have to request a replacement from Fensa, who will require an administration fee. Fensa certificates are not required on conservatories or out-buildings. Fensa certificates are not required on commercial properties, but you will be required to apply for building regulations via the building control department of the appropriate local authority for the area in which the work is carried out.
All Fensa certification comes with a insurance backed guarantee
- By agreeing to this quotation / agreement you are also consenting to your personal data being shared with third parties for the purposes of fulfilling the requirements of the Competent Person Scheme for self-certification under the Building Regulations. Personal data includes title, name, address, phone and email numbers. This data will be used to provide essential documentation and will be retained on files for the lifetime of the guarantees which do not exceed 10 years
- The client shall be solely responsible for the engagement of all necessary professionals to design the works. This includes, but is not limited to Architects, structural engineers, designers and the like. We have made no allowance within our quote for any fees arising from such engagements. It will be assumed that all these will have been arranged and any calculations, drawings and designs be in place and issued to us prior to our commencing any work on site.
- The client shall be solely responsible for the application and payment of any required statutory or regulatory fees associated with any local by-laws, local authorities or utilities. These will include, but not be limited to building regulations, planning consent, party wall consents, alterations to utility services, including gas, water, foul water drainage and electricity supplies and the like. We have made no allowance within our quote for any fees or costs associated with such requirements. It will be assumed that all these will have been arranged by the client in advance and be in place prior to our commencing work on site. As such the client shall have ensured that the works are in full compliance with all statutory requirements.
- The client will be solely responsible for seeking all necessary approvals and consents from any managing agents, landlords and the like. Our commencement on site will be based on the assumption that the client has organised all necessary approvals and consents with all concerned parties.
