TERMS & CONDITIONS
TERMS AND CONDITIONS OF ORDER.
Estuary View Installations LTD is “The Company” and the “Customer” is the person or agent who has signed and accepted this quotation which forms the “Contract”. The Company will supply goods and / or carry out work as detailed over and the customer shall purchase these goods and make payment therefore in accordance with these details. These details supersede any other details whether expressed to be or by way of offer acceptance counter-offer or otherwise.
CANCELLATION RIGHTS UNDER CONSUMER LAW
You have the right to cancel this contract and have a full refund of your deposit if you decide to cancel this contact for any reason within 7 days from signing the contract.
- Whilst the Company will make every endeavour to install the Product on the date or within the time indicated these are estimates only and in the event of (i) Any unforeseen circumstances arising or (ii) Events outside the control of the Company (which shall include but not be limited to industrial action affecting the Company its agents or suppliers).
- The Company shall be entitled to make later installation and such later installation shall be accepted by the Customer and the Company shall not in any event be responsible for any loss or damage whatsoever arising from or consequential upon delay in installation. If during the contract it is discovered that extra works need to be carried out because of unforeseen or hidden situations, The Company will give written notice of such costs and the customer will be held liable for these costs.
- In the event of this Agreement being placed at the same time as an agreement for other products of the Company, the Company shall not be obliged to install such other products at the same time and the total price under each agreement shall become payable forthwith on the installation of the products comprised in it. 3. (i) No variation of this Agreement or any term thereof shall be effective or binding unless such variation shall be in writing and signed by a duly authorised representative of the Company. (ii) No omission by the Company whether by way of indulgence or otherwise or failure to enforce or delay in enforcing the Company’s rights hereunder shall be construed as a waiver of any Company’s rights.
- The Customer agrees that the duly authorised agents of the Company shall have access to the Installation Address at reasonable times so that the Company may carry out detailed survey and complete the installation. The customer must also make available space for the storage of materials and working areas, clean water & electricity as required.
- This agreement is subject to:-(i) Detailed inspection and measurement by the Company’s surveyor and, (ii) The receipt by the Company of the deposit specified overleaf and, (iii) Any credit enquiry concerning the Customer which the Company shall make; and the Company alone may as a result of any of the above in their absolute discretion cancel this Agreement which shall thereupon become null and void. 6. (i) All glass used shall be of good quality but the Company shall be under no liability whatsoever in respect of minor blemishes and imperfections not guaranteed by the glass manufacturers. (ii) All reasonable care will be taken but the Company shall not be under any responsibility whatsoever for damage to internal or external decoration necessarily caused by the installation. (iii) No work will be done or materials supplied other than those specified overleaf provided that the Company’s policy is one of continual product improvement and the right is reserved to install and the customer shall accept the installation of the equivalent product specification current at the date of installation. The right is also reserved to vary installation methods from time to time according to circumstances. (iv) The Company does not Guarantee or Warrant nor do its agents have authority to represent or Warrant that condensation can be controlled or prevented, by the installation of the Product. (v) All Products will be measured and manufactured in the way considered suitable by the Company.
- The Company reserves the right to make such modification to the original specification by the Purchaser as it may deem necessary. (vi) All contract prices include removal of rubbish and debris. (vii) On instructions by the Company Surveyor, softwood timber sub-framing and PVCu trims will be used when deemed necessary. Softwood timber will be primed only. (viii) It is the responsibility of the Customer to ensure that no Service Supply or Cables, whether telephone, electricity, television, gas, water or otherwise are present in the apertures to be filled at the time of installation. The Company accepts no responsibility for damage to such supplies, whether visible or not, known or unknown, at the time of installation. The Customer should note that the Electricity Boards and Telecommunication Services will only deal directly with the owner of the premises. (ix) The Company shall carry out all the work as detailed on the specification for the agreed sum but reserves the right, by giving written notice to the customer at any time before completion, to increase the cost of the contract to cover any addition which is outside the control of The Company or which has been caused by the customer not giving adequate information or reasonable access to site as required. (x) Where manufacturing sizes are supplied by the Purchaser, those sizes will be taken as correct and any subsequent inaccuracies that result in the manufacture of an incorrect size will result in an additional charge levied against the Purchaser.
- Subject to paragraph 6of this Schedule the Company guarantees the PVCu and Aluminium section product and the installation work carried out by the Company against defective workmanship for a period of 10 years from the date of installation. Glazing products for 10 years. Hardware accessories and operators for 1 years. All other materials and workmanship are Guaranteed for the same length of time that the manufacturer of those materials has given for a maximum time of 1 Year. The liability for workmanship remains with the customer if the materials have not failed due to poor workmanship. In the event of any valid claim under the above guarantee, The Companies’ liability shall not exceed the contract price. (i) Removal and or repositioning of the installation by persons other than Estuary View Installations personnel will invalidate the warranty. (ii) The guarantee is transferable upon prior payment to the Company of their administration fee in force at that time (details of which are available from the Company upon request). To be transferable, full details of the new owner must be provided to the Company within 4 weeks of the date of transfer of ownership and all monies owing to the Company must have been paid in full within 3 months of completion of the installation.
- Payment– On the signing of these Conditions the Purchaser shall pay such deposit (if any) and stage payments as agreed between the parties. Unless otherwise agreed in writing between the Company and the Purchaser, the balance of the price is payable forthwith to the Company or the installer on the completion of the installation of the products. The purchaser shall only be entitled to withhold 2½ % of the contract value because of an alleged minor defect. If any sum is not paid by the Purchaser to the Company on the due date interest at the rate of 4% above base lending rate will be charged on the unpaid price of such sum as is outstanding for the period from the due date for payment until payment is actually made. (ii) VAT – If there is any variation in the applicable rate of Value Added Tax to any goods or services supplied under this contract then the price shall be adjusted accordingly.
- Title– All goods remain the property of the Company until payment is received in full. (i) Until such time as title to the Products passes to the Purchaser (and provided that the Products are still in existence and have not been resold) the Company shall be entitled at any time to require the Purchaser to deliver up the Products to the Company and, if the Purchaser fails to do so, forthwith to enter upon any Premises of the Purchaser or any third party where the Products are installed or stored and repossess the Products. (ii) Until such time as title to property in the Products passes to the Purchaser, the Purchaser may not sell the Products.
- Planning permission– It is the responsibility of the Purchaser to obtain any necessary planning, listed building, conservation area or other consent for the particular Products requested and the Purchaser shall notify the Company forthwith if the Premises are or become listed. The Purchaser shall indemnify the Company against any loss, damage or cost suffered by reason of the Purchaser’s failure to comply with this condition.
- It is hereby agreedand declared that this Agreement is neither a Hire Purchase Agreement nor a Credit Sales Agreement.
- In the event of this Agreement being cancelledunder the provisions of paragraph 5 of the Schedule the Company will in those circumstances only return any deposit paid in full but without interest.
- Force MajeureThe Proprietor shall not be liable to the customer or be deemed to be in breach of contract by reason of any delay in performing, or any failure to perform, and of The Proprietors’ obligations in relation to goods/work if the delay or failure was due to any cause beyond The Proprietors’ reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond reasonable control: • Acts of God, explosions, flood, tempest, fire or accident. • War or threat of war, sabotage, insurrection, civil disturbance or requisition. • Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any government, parliamentary or local authority. • Import or export regulations or embargoes. • Strikes, lock-outs, or other industrial actions, or trade disputes. • Difficulties in obtaining raw materials, labour, fuel, parts or machinery. • Power failure or breakdown in machinery. These terms and conditions do not affect the statutory or common law rights of either party. The contract shall be governed by the laws of England, and the customer agrees to submit to the non-exclusive jurisdiction of the English Courts.