D.P Windows Supply Agreement Conditions
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The agreement is made out on the date set out in Quotation/Contract (hereinafter called 'the Contract') between D.P Windows (hereinafter called 'the Company') of the one part and the customer whose name and address are set out on the Contract (hereinafter called 'the Customer') on the other part, and is subject to the following Terms and Conditions.
1. The Customer agrees to buy and the company to supply and install (if so required) the products specified in the relevant part of the Contract.
2. The Customer will accept delivery, or provide reasonable access to enable installation to be completed as soon as advised that the units are ready. If within 4 weeks of such advice an appointment for installation or delivery in accordance with the Agreement has not been fixed the balance of the purchase price is then due and payable, and installation or delivery will follow at a mutually convenient date.
3. The cost to the Customer shall be set out in the Contract save that the Company shall have the right to increase the cost on account of any of the following events:-
a) the terms of supply or installation being amended in accordance with the instructions of the Customer; or
b) the employees of the Company not being given all necessary access to the premises where the products are agreed to be installed as and when required; or
c) the Customer refusing to take delivery of the products or to permit their installation or unreasonably denying the date of such delivery or installation; or
d) any variation in the applicable rate of value added tax after the order date will be passed to the Customer.
4. No variation of the terms of the Agreement shall be binding on the Company unless accepted in writing by the Manager of the Company.
5. The deposit set out in the Contract shall be paid upon the signing thereof and the balance of the purchase price shall be paid on the day of completion of the installation (or supply of the product of no installation is required) or as required under Clause 2 hereof or when the Company has been informed by the Customer that facilities are to be provided by a finance company, all signed and completed documents relating to the agrrement or loan must be handed to the Company upon satisfactory installation for the Company to forward to the finance company. The Customer shall not be entitled to withhold payment by reason of alleged minor defect. The Company will investigate any alleged defect after payment in full of the balance due.
6. The Customer agrees to allow the Company Surveyor and Installer access to the installation address at all reasonable times so that the Company may make a detailed Survey Report and to complete the installation.
7. The Agreement is subject to the Company's obtaining satisfactory credit references on the Customer and also its Surveyor's inspection. In event of the Company's termination of the Agreement due to adverse credit or survey reports, the Customer's deposit shall be refunded in full.
8. An Agreement which has a written condition that is subject to the Customer's obtaining a loan from a Building Society, Bank or other such Financial Institution may only be cancelled (and any deposit refunded) on production of evidence of the refusal to make the required loan by the Financial Institution.
9. Where an Agreement is conditional on the Customer's obtaining a loan from a Building Society, Bank or other such Financial Institution the Company will not commence manufacture of the product until it obtains sight of the formal offer. If the advance is not immediately available on completion of the installation the Customer shall arrange bridging finance.
10. In the event of delay in payment of any monies due hereunder from the Customer, the Customer shall be liable to pay interest to the Company on the total outstanding balance at a rate of five per cent per calendar month compounded monthly.
11. Ownership of the goods thereby contracted to be sold and/or installed shall not pass to the Customer until the goods shall have been paid for in full, including any interest due under Clause 9 hereof.
12. Any delivery date given by the Company, its representative or agent, although given in good faith, shall not be binding on the Company nor shall the Company be liable for any consequential loss how so ever arising.
13. The Customer acknowledges that :-
a) the installation of the window will not eliminate condensation.
b) fulfilment of this Agreement shall not include any structural alterations.
c) brass door furniture is supplied at the Customer's risk and cannot be guaranteed.
d) the maintenance of the timber sub-frame shall be the responsibility of the Customer after completion of the installation. Secondary windows are installed onto the existing timber frame unless the contrary is indicated in the Contract. Hardwood subframes and windowboard, which are only supplied if specified in the Agreement, will have one coat of preservative applied; interior timber supplied will be softwood and primed only unless otherwise specified in the Agreement. The Company will not accept liability for defects which arise from the Customer's failure to treat and maintain timber properly.
e) the Company, which uses all reasonable care in installation will not in the absence of specific written Agreement to the contrary be liable :-
i. for damage or disturbance how so ever caused to internal or external decorations, including tiles
ii. to remove and replace curtains, blinds or pelmets for to lift and refit carpets nor move ornaments or furniture at or near the windows areas
iii. to replace window boards
iv. for the removal, as may be required by the Company's surveyor, of electrical fittings and connections, radiators, telephone junction boxes and wiring, and/or any other similar obstructions.
14. No undertaking can be given that the Customer's doors, windows and/or frames can be removed so as to be fit for re-use or any other purpose and they will be removed from the site and disposed of unless the Customer gives alternative instructions in writing.
15. Insofar as not prohibited by statute or otherwise, in the event that either the products specified in this Agreement and/or their installation be defective, the Company shall upon receipt of written notification of the alleged defect inspect and if necessary rectify the same provided always :-
a) in the case of glass, the Company shall use good quality float glass but not be liable to the Customer for minor seeds, blemishes or imperfections not covered by the glass manufacturer's guarantee nor for glass breakage occurring after installation.
b) defects must be noted in writing to the Company within seven days of their occurrence.
c) this obligation shall only subsist for ten years from the date at which the products were supplied and/or installation commenced except :-
i. in the case of electrical/mechanical accessories such as burglar alarms, door chimes, and ventilators, where the original manufacturer's guarantee shall apply
ii. in the case of 13 c) above, where no such obligation shall exist
iii. in the case of porches and conservatories the obligation shall only subsist for five years.
16. It is the Customer's responsibility to ensure that any planning permission or building regulation is obtained (if required), and in the case of tenants or lessees that the written approval of the freeholder or his agent for the work to be carried out is made available for inspection by the Company. The Customer agrees to indemnify the Company for any costs incurred by the Company as a result of the Customer's failure to obtain permission(s) from the appropriate bod(ies).
17. Under its policy of continuous improvement or in the event of non-availability of bought in parts, the Company reserves the right to amend without notice its product specification at any time.
18. The Customer should ensure that any represntation or promise made before or at the time of signature to the Agreement not included in the printed form of the Contract is added in writing on the face of the Contract and signed by the Customer and Company (or its Agent).
19. This Agreement does not constitute either a credit Sale or a Hire Purchase Agreement.
20. All cheques from the Customer are to be made to the Company and crossed 'A/C Payee Only'.
21. In the event of breach by the Customer or any of the above conditions the Customer shall be liable for the Company's legal costs, disbursements and Value Added Tax hereof incurred in enforcing the terms of this Agreement.
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