TERMS AND CONDITIONS OF SALE
TERMS AND CONDITIONS OF SALE
The customer agrees to purchase and have installed and the Company agrees to supply and install the products set out above. Any variations to works or spec must be agreed in writing by both parties.
1. Parties: This agreement is between Frames Conservatories Direct Ltd referred to as the Company, and the purchaser, referred to as the customer. It is binding on both parties, the customer’s cancellation rights are shown below, however. The Company does, however, reserve the right to cancel this order if upon receipt of our surveyors working detail we consider that a satisfactory level of installation cannot be achieved. The customer will allow reasonable access to the Company’s Surveyor.
2. Payment: Payment of the sum of money specified within the payment schedule set out on the contract is immediately due upon completion of that part of the installation. The Company will accept payment by cheque, by bank transfer, credit or debit card. Failure to make payment under the agreed terms (unless these terms are varied and agreed by both parties) invalidates the guarantee.
3. Ownership of goods: The goods will remain the property of the Company until paid for in full.
4. Additional Work: The customer is responsible for any removal and refitting of alarms/curtain rails/cables/pipes/tiling etc., and re-decorating. No additional works will be carried out other than those agreed on the contract. If any lintels, construction defects or latent defects are found to be present during the course of the work which could not have been reasonably detected at the survey, an additional estimate will be submitted for acceptance by the customer. It is the customer’s responsibility to apply the finish to all woodwork used in the installation within a reasonable time of completion. The property will only be inspected around the proximity of the area immediately adjacent to the installation. The structural integrity of the property is not assessed.
a, For Conservatory contracts the quote includes a foundation strip up to 1000mm deep 500mm wide, should poor sub-soil conditions or unsuitable ground conditions for building works be found, no further works will be carried out until an estimate for same has been agreed. Should for any reason an agreement not be reached, the company will be permitted to invoice for works completed to date including site reinstatement, plus whatever goods have been purchased to satisfy that contract. Note: the Company does not commit to reinstating the site to exact pre-works conditions.
b, Additionally, for Glazed Extensions or any construction that needs to be signed off by Building Control, the depth of the foundation will be dependent on the findings once dug and inspected by the Building Control Inspector who WILL determine the safe depth of foundations to be constructed. The company shall be permitted to charge £130 inc VAT per linear meter per 200mm additional depth as stipulated by the building control inspector. For example:- The building control inspector has asked for one section of a foundation to be dug to a depth of 1400mm. That section is 3 meters long 2 x £130 x 3 (1400mm – 1000mm = 400mm divided by 200mm = 2) additional charge £780 inc VAT. The company will provide written proof from the building control inspector that additional depth was required. Work will continue without requesting additional permission from the customer unless the additional charge was to exceed 20% of the total contract price.
c, Gardens will be reinstated but not re-laid, the customer is to accept that during the duration of the installation and/or build some allowable wear and tear will be apparent in the area of the installation/construction.
5. Guarantees: The Company will pass on all manufacture guarantees for the periods as follows:-
a, UPVC frames protection against warping, cracking, discolouring – 10 years. Please note the following UPVc is a soft-skinned product that undergoes various processes during conversion into window and door frames, as such very minor surface damage should be seen as acceptable.
b, Double Glazed Sealed Units units covered against unit failure i.e. condensation between panes – 10 years. Please note the following we have adopted the Glass and Glazing Federation (GGF) standard regarding minor imperfections visible within the sealed unit or on the surface of the glass. The GGF Standards state any glass defect not apparent in normal daylight by the naked eye at a distance of 2 Mtrs will not be construed as a defect. It is not uncommon that some distortion can occur on double or triple glazed units when viewed from various aspects. The Company cannot be responsible for glass breakages once installed. The Company can give no warranty concerning the incidences, prevention or elimination of condensation following installation (except for condensation that forms within a sealed unit).
c, Window and Door Hardware such as handles, hinges, locks, letterboxes, knockers, spy holes – 10 years.
d, Self-Cleaning conservatory roof glass – 5 years.
e, In-Glass blinds – 1 year
This guarantee is transferable onto subsequent owners of the property. For any claims under this guarantee, the Company would request that the customer notify the Company in writing within 14 days of discovering the fault. SEE No 9 BELOW REGARDING YOUR RIGHTS
6. Permissions: The Company will endeavour to provide reasonable advice and guidance regarding any Planning or Building Regulation permission required by the customer at the pre-contract stage. However the customer shall be wholly responsible for obtaining any such necessary Planning, Building Control Registration, Legal, or any other permissions required prior to or during installation.
7. Installation Dates: An approximate installation date will be given by the Company but this may be affected by circumstances beyond the Company’s control, the Company will endeavour to meet the approximate date, however, the Company cannot be liable for any such delays.
a, Time shall not be the essence of the contract, however, where a customer has expressed a desire for an installation to be finished by a certain date, the company will make all reasonable endeavours to achieve this date but will not be liable for delays caused by circumstances beyond its control.
b, Continuous works, while the company will endeavour to provide a continuous flow of works, it is expressively stated that works may not be continuous.
c, For installed goods, the customer must provide reasonable access to the property for installation to proceed: where this is withheld or delayed unnecessarily by the customer, the Company shall give 14 day’s written notice. Should installation thereafter not be completed due to lack of access, then the Company will be entitled to charge for the cost of the materials and if applicable suppliers restocking / delivery charge, reasonable charge for trades and administration labour expended. Such costing’s to be justified by the Company in writing.
8. Disputes and Remedies under the Consumer Rights Act 2015: As a consumer, the goods supplied to you must be:- a/ of satisfactory quality, b/ fit for the purpose you have made known by the Company, c/ as described in a model or a sample. Also, the installation must be done properly and to the standard of a reasonably competent tradesperson.
If the above rights are not met, you are entitled to certain forms of redress, as follows:-
Installation faults: The Consumer has a right to repair or replacement of the goods (including re-installation) and if this is ineffective, the right to a price reduction or the final right to reject. Any repairs to the installation or products will only be deemed ‘complete’ once the Company has indicated so in writing to the consumer.
Product faults: The short term right to reject is not applicable to installed goods. Any faults arising in the products within the first 6 months must be shown as such by the consumer, if so shown, the fault will be accepted as being present at the time of installation. It would be for the trader to rebut this assertion. Any faults arising in the products after 6 months of the installation, the consumer must be able to prove that there is a fault and that the fault existed at the time of installation.
9. Survey Details: Following receipt of the survey the Company may need to make any alterations / modifications to the design or specification of goods necessary to facilitate installation, any such alterations / modifications will only be made with the full agreement of the customer. The design and spacing of leaded and Georgian style products will be fully discussed and will only be confirmed after the full agreement of the customer. Standard furniture options will be applied to all orders unless noted to the contrary on this contract i.e.
a, white coloured handles will be supplied on all white or woodgrain-on-white windows and patio doors.
b, gold-coloured handles will be supplied on all coloured woodgrain windows and patio doors.
c, all doors, other than patio doors, will be supplied with gold coloured handles.
10. Building Works: Drying out – Upon completion of building works, moisture from concrete floors, any plastering or brickwork, can take several weeks to remove (dry). It is important therefore during the first 6 – 8 weeks after completion that if possible, the building works area is heated intermittently, any windows and doors should be opened when possible, as it is the ventilation that promotes drying. A dehumidifier can be used in extreme cases.
11. Final Payment: Final payment can not be withheld due to the drying process detailed above, in this instance, the final payment should be paid at the point work stops waiting for the drying process to complete. Any floor tiling or floor covering work including skirting boards scheduled on the contract will be completed as and when the floor is dry enough to work on. (note, a floor can appear dry on the surface yet still be in the drying process)
12. Exclusions: Should it be deemed that damage to installed goods is not covered by the guarantee due to misuse: accidental, wilful, malicious, negligent damage or normal wear and tear, the customer will be responsible for the cost of the replacement and re-installation. Any works carried out, other than by a person authorised to do so by the Company, which affect the goods installed, will invalidate the guarantee. The products must be cleaned every 6 weeks to ensure proper maintenance: cleaning products, other than hand-hot soapy water should not be used on the goods.
13. Insurance-backed guarantee: Available on request.
14. Statutory Rights: The rights of the customer shall generally be those as set out in the Consumer Rights Act 2015 and also within the common rights under English Contract Law. The foregoing terms and conditions do not seek to replace nor override any rights the customer may have under the above statutes.
15. ADR (Alternative Dispute Resolution): Where we are unable to resolve your complaint using our own complaints procedure, as a Which? Trusted trader we use Dispute Resolution Ombudsman for dispute resolution. In the unlikely event that we cannot remedy your complaint to your satisfaction, you may wish to refer your complaint to them. If you wish to do so please contact Which? Trusted traders in the first instance on 0117 456 6031.
16. Fair Contract Terms: Should any part of this contract be found to be unenforceable then the remaining parts stand.
17. Notice of Right to Cancel (14 Day Cooling Off) For all distance or off-premises contracts, the customer may withdraw from the contract without giving any reason within a 14 day period from when the contract was signed. Where a customer is provided with a quote at home and later contacts the Company indicating their wish to proceed or the products are noted as ‘Bespoke Products’ no cancellation period is provided. Cancellation notification is preferred to be in writing to the company, sent by post with recorded delivery/proof of posting or for ease the following digital form can be used. no cancellation period is provided. Cancellation notification is preferred to be in writing to the company, sent by post with recorded delivery/proof of posting.
END – dated Feb 2021
CANCELLATION NOTICE FORM