Term of condition
Parties
This agreement is made between International Windows Group Ltd and the purchaser(s) named overleaf and may not be assigned without the prior written consent of International Windows Group Ltd.
Illustrations
Any illustrations on the order, schedule of work or in our promotional literature are for your information only and will not be to scale. The purchaser(s) named overleaf accept that size, scale and colour may differ from any illustrations.
Survey
This agreement is conditional upon satisfactory survey by International Windows Group Ltd. If in the opinion of the International Windows Group Ltd surveyor or our technical staff that the work cannot be satisfactorily or safely be carried out, we will write to you giving you the reasons. If no satisfactory alternative can be agreed then we may cancel the agreement in which event any deposit will be refunded, less any costs incurred by International Windows Group Ltd.
Variations
a. Any variation to this agreement by the purchaser(s) named overleaf must be agreed by International Windows Group Ltd and confirmed in advance in writing.
b. The price will be affected by any material changes that the purchaser(s) named overleaf request or which are agreed and deemed necessary following the survey.
International Windows Group Ltd may make minor technical changes to the specification or products, which will not be to the detriment of their appearance and will not affect the price.
a. The main purpose of our surveyor’s inspection is to ascertain the feasibility of the installation shown on the schedule of work. His inspection will be confined to those areas, which directly relate to the proposed installation, and he will not undertake, nor shall International Windows Group Ltd be responsible for, a general survey of the premises.
b. International Windows Group Ltd will not be held responsible for any lack of adequate support such as lintels within the existing structure, during the course of the fitting of the International Windows Group Ltd products.
c. International Windows Group Ltd will not be responsible for remedying any defect that existed before the installation or for any damage arising from such a defect.
d. It is the responsibility of the purchaser(s) named overleaf to ensure any work carried out to the property is not in contravention of any Covenants or Byelaws held over the property.
Delivery
International Windows Group Ltd will not be deemed liable for any delay in the completion of the work, which arises from causes beyond the control of International Windows Group Ltd (Including not limited to, fire, flooding, civil disturbance strike action by others, criminal damage, COVID-19 or acts of war).
Additional Work
a. International Windows Group Ltd will not undertake to move fixtures, fittings, furniture or relocate services such as pipes, curtains, cables, radiators, or burglar alarms.
b. International Windows Group Ltd will refit TV aerial cables, telephone wires and doorbells where practicable at the sole risk to the purchaser(s) named overleaf.
c. International Windows Group Ltd will make good (excluding decorations) internally and externally within 50mm of each new unit, but cannot be responsible for any non-matching due to the weathering or ageing of existing finishes such as bricks, pebble dashing, rendering or Tyrolean etc.
d. International Windows Group Ltd cannot guarantee that wallpaper, tiles, woodwork or plaster immediately adjacent to where the existing frames have been removed.
e. International Windows Group Ltd cannot guarantee that any existing frames when removed will be intact for use elsewhere.
All existing frames or scrap materials will be removed and disposed of by International Windows Group Ltd unless the purchaser(s) named overleaf specifically asks International Windows Group Ltd to do otherwise prior to commencement of the installation.
VAT
VAT is payable by the purchaser(s) named overleaf at the appropriate rate.
Deposit and Payment
The contract sum is strictly net and does not allow for any discount, trade or cash unless specifically stated in writing.
60% deposit, unless agreed otherwise, is required upon signing the Order Form / Quotation. The remaining 40% of the balance is due to be paid immediately before delivery of the goods.
The Company shall be entitled to interest on any part of the contract price not paid by its due date, from the date of invoice until payment at the rate specified by the Late Payment of Commercial Debts (Interest) Act 1998 and Section 69 of the County Courts Act 1984.
The Customer hereby undertakes to pay to the company (on the basis of a full indemnity) all costs, charges and expenses incurred by the Company in collecting or attempting to collect any indebtedness of the Customer by the Company.
Guarantee
In addition to your statutory rights your installed products are guaranteed for 10 years from the date of the installation. The timber frames are guaranteed against rotting, warping, peeling or flaking for a period of 10 years. Sealed units are guaranteed for a period of 5 years. Hardware i.e. hinges. Handles, locks etc are guaranteed for period of 2 years or the time stated in the manufactures guarantee, whichever is the lesser.
Complaints
The purchaser(s) named overleaf agree to notify International Windows Group Ltd and to give International Windows Group Ltd reasonable opportunity to remedy any complaint that the purchaser(s) named overleaf may have in respect of the works undertaken by International Windows Group Ltd.
Rights of Third Parties
It is not intended by the parties hereto that any term of this agreement should benefit or be enforceable by any other.
Law
The terms of this agreement are governed by the law of England and Wales and are subject to the exclusive jurisdiction of the Courts of England and Wales. Nothing in these terms and conditions affects your statutory rights.