1. GENERAL (a) in these conditions DUNMOW DOUBLE GLAZING LTD is referred to as “The Company”, person of firm dealing with the Company is referred to as “The Customer”. The windows or double glazing or other items the subject matter of the Contract are referred to as “The Products”. (b) This agreement shall constitute the whole contract between the Company and the Customer. Any variations of this Agreement shall be void unless made in writing and signed by the duly authorised officer of the Company.
2. FORMATION OF CONTRACTS
(a) No Contract for sale and installation of the Company’s products shall take effect unless and until:
(i) a written order is signed by the Customer and returned to the Company.
(ii) The Company sends to the Customer a written acceptance of order. The contract shall then be deemed to have been made on the date of acceptance of the Order by the Company.
(b) If the Customer has indicated his intention of applying to a Finance House for a personal loan in connection with this Agreement in the manner prescribed on the other side hereof this Agreement shall be deemed to be conditional upon the grant of such loan if the sum applied for, and any deposit paid hereunder to the Company shall be repaid in full if such loan is not granted in the sum applied for.
(c) Until the Customer’s application for a personal loan is determined (and the result of such determination communicated to the Company by the customer) the Company shall be under no obligation to take any steps to fulfill any obligations.
(d) The Customer may by notice in writing declare that this Agreement shall no longer be conditional on the grant of any loan to the Customer, and the Agreement shall then be enforceable by either party thereto as though the Customer had agreed to pay any sum due hereunder in cash as each of them becomes due.
(e) The Company may at any time before the commencement of installation cancel this Agreement.
(f) This Contract is subject to a 14 day cooling off period if signed as a result of unsolicited call or visit without penalty.
(a) Payment shall be in cash or by cheque or by money order made payable to the Company and Crossed “and Co”.
(b) The Customer shall make payment by way of a deposit of the time the order is placed but the Company reserves the right to waive this requirement.
(c) The full payment of all balances outstanding are due immediately upon completion of the work. Payment must be made to the installer in cash or by cheque or by completed loan account documents. To protect the Customer’s interest if a payment is made by cash the Customer must obtain an officially signed Company receipt from the installer. The Customer shall not be entitled to withhold payment by reason of any alleged minor defects. The Company will investigate any alleged defect after payment in full by the Customer.
(d) When payment is not made on the due date in accordance with these conditions, the Company shall have the right to require payment of interest on the outstanding amount at the rate of 2% per month or part thereof from the due date until the date of actual payment.
(e) The Company may at any time before completion of the Agreement serve upon the Customer written notice of price increases occasioned in respect of any Tax., fee or charge whether imposed by the Government, any Local Authority or otherwise, which shall have become applicable to the subject matter of this Agreement between the date hereof and the date of completion.
4. TIME AND PERFORMANCE
(a) Time shall not be the essence of this Agreement, but the Company shall endeavour to fulfill the Contract as expeditiously as possible. The Company shall not be liable to pay damages to the Customer in respect of any delay in delivery or installation. Any period quoted for deliver or installation are for guidance only and without responsibility on the part of the Company.
(b) The Customer shall permit access to the installation address to the Company its servants and agents at all reasonable times in connection with the installation.
5. The Products shall remain the Property of the Company until the total price inclusive of any interest thereon in accordance with these conditions paid by the Customer.
6. No warranty of Guarantee is given by the Company, as to the degree, if any, of sound proofing of the installation, or that the double glazing will reduce or eliminate condensation.
7. The Company shall not be liable for damages arising from existing materials or any markings of, or damage to internal or external decorations including pebble-dashing. All glass used shall be of a good quality but the Company shall be under no liability whatsoever in respect of minor blemishes, nor will it replace any glass cracked or broken after completion of the installation.
8. If a Customer insists contrary to the advice of the Company in ordering and installation of a style or size which results in the Company’s recommended maximum size for a particular area of glass being exceeded, such fact being noted on the order overleaf, the Company will not be responsible for any risk of adverse consequences involved and the completion of the installation.
9. The Company warrants the truth and accuracy of the description of the products in the Company’s current brochure save that from time to time improvements may be made in the specification of the products which may be so recent that they have not been incorporated in the brochure in which event the products may, without any notice to the customer, be supplied in accordance with such new specification and the Company warrants that any such new specification will be at least equivalent to that set out in the current brochure. The Company makes every attempt to ensure that all illustrations and specifications and particulars set forth in catalogues, brochures, advertisements, quotations and other documents issued by the Company are true and accurate but such information is subject to alteration without notice and no warranty is given as to the accuracy of any such documents nor are they, or any of them, or anything stated therein incorporated as terms of the Contract between the Company and the Customer save to the extent that any such information is confirmed in writing to the Customer by the Company. Any advice given orally or in writing by the Company is for guidance only and the Company will not be liable in respect of any act or emission done or suffered directly or indirectly as a result of such advice or in respect of any loss suffered or occasioned there from whether such advice was given negligently or otherwise.
10. This Contract cannot be cancelled by the Customer after the survey.
11. All brickwork and plasterwork in close proximity to the window frame will be made good by the Company’s installers provided that the existing work is in good and sound condition. The Company will protem treat and paint all softwood frames in a white undercoat and all hardwood frames will be protem treated. Failure by the Customer to final finish primed or protem treated timber within a reasonable time will invalidate the Company’s guarantee as contained in paragraph 7 above. The Company’s installers will not redecorate any areas, make good or match up outside.
12. The Customer shall be responsible for ensuring that all and any consents or permissions necessary for the supply or installation of the products is obtained and/or that the supply and fitting of the products complies with and/or does not contravene any Law Statute, Building Regulations, By-Law, Easement, Restrictive Covenant, Third Party interest or any other relevant restriction rule or regulation and the Customer agrees to indemnify the Company against any loss, damage, claims proceedings fine or penalty which the Company may incur or become liable to by reason of any such contravention or non compliance.
13. The Company shall not in any circumstances whatsoever (even where pursuant to their Guarantee or otherwise they have accepted liability or have been found to be liable) to the Customer or any other party for the consequential losses whether arising out of the inability of the Customer or any other person to use the premises or any room in the premises howsoever occasioned.
14. All Contracts shall be governed by and construed in accordance with English Law.
15. The Company guarantees to replace or repair any defective units manufactured and installed by it within 10 years from the date of this contract. 5 years for sealed units and 12 months for locks and building works. The guarantee is fully comprehensive for the first 12 months, after which the Company reserves the right to charge a callout fee at market rates. This guarantee is given in addition to and not in substitution for the Customer’s rights in common law.