Custom Timber Windows T&C’s – Supply Only
This Agreement is dated and is made between the purchaser hereinafter called “the Customer” and CTW Trade Ltd hereinafter called ” the Company“. “Goods” are products made or supplied by the company.
1. Save as otherwise specified, the Customer agrees to purchase and the Company agrees to supply Goods as specified and on the basis agreed subject to these terms and conditions.
2. No variation of these conditions shall bind the company unless it is confirmed by the Company in writing under the hand of a director of the Company and, in particular, no agent of the Company shall have power to vary these conditions unless such variation is confirmed as aforesaid.
3. The right of the Company shall not be prejudiced or restricted by any indulgence or forbearance extended to the customer and no waiver of any breach shall operate as a waiver of any subsequent breach.
4. Any survey the Company carries out is not a full structural survey of the property and will relate only to the measurement, design and installation of the goods to be supplied and/or installed, as well as can be reasonably carried out from a non-destructive inspection. The Customer agrees to allow the Company’s surveyors access to the installation site at all reasonable times including before, during and after installation so that the company may make a detailed survey report.
5. It the responsibility of the Customer to inform the Company in writing prior to the start of manufacture of any changes to measurements, specifications, materials, quantity, design or other changes made after the final survey. Changes or amendments may incur additional charges.
6. Where the Company has not undertaken the site survey, the Customer will take full responsibility to provide detailed printed/written copy of designs, specifications, quantity and dimensions as part of the Agreement. In these circumstances, the Company cannot be held responsible for incorrect supply if the manufactured or supplied goods match those detailed in the Agreement. Changes or amendments may incur additional charges.
7. If within ten years after the date of completion of the installation any defect in the installation or the goods supplied shall be revealed or arise under normal use which is attributable to faulty materials or workmanship (fair wear and tear excepted), the Company shall remedy the defect at the company’s absolute discretion either by repair or replacement subject to the following conditions:- (a) Written notice of any such defect must be given to the Company within seven days of the Customer becoming aware of the same, and if notice is given within twelve months after the date of completion of the installation, the repair or replacement shall be free of charge subject to manufacturers availability. If notice is given during subsequent years of the guarantee period, a charge will be made for labour only at the Company’s rates prevailing at the time for repair or replacement.
(b) During the guarantee period the Customer shall not effect any replacement or repair to or otherwise interfere with the goods or installation nor permit any person other than the authorised representatives of the Company to do so.
(c) The guarantee can be transferred by the Customer, but the Company would appreciate being given written notice of any transfer.
(d) This guarantee shall not come into effect and the Customer shall not be entitled to rely upon it until such time as the Company shall have received the whole of the contract price and any other sum due to it hereunder from the Customer or, where a loan has been arranged in accordance with condition 13, from the Finance Company.
(e) Care should be taken when handling and storing Goods. Installation should take place soon after delivery and be undertaken by trained or qualified fitters. Goods should be stored upright in a warm dry place off the floor and protected from dust, dirt and moisture and kept well ventilated even after fitting to avoid high levels of humidity that can be absorbed by timber e.g. standing or running water, damp or chemicals or extreme conditions including plastering where lack of ventilation can give rise to excessive humidity that can affect the timber, joints and paintwork. Any damage or exposure of bare wood should be treated immediately to avoid ingress of moisture. Regular care and maintenance of the Goods will help avoid problems or ensure they can be quickly treated. The impact of following the above is shown to significantly extend the life of Goods. Not following will shorten the life and may invalidate the Guarantees. Not covered are minor defects including swellings or shrinkage, nominal natural defects, and discolouration due to resins and knots in the wood which can appear or faults caused by neglect, condensation, misuse or accident. See para 10. Further information can be found on “Handling, Storage& Installation” and “Care & Maintenance” of Goods can be found on www.customtimberwindows.com. They follow the accepted industry guidelines applied by manufacturers.
(f) The Company uses top quality glass and seals in its double glazing units and shall not be responsible for minor scratches on glass. Its’ responsibility for minor seeds and blemishes in glass shall be limited to the extent of the glass manufacturer’s or supplier’s liability for the same. Blown double glazing units will be repaired or replaced under guarantee.
(g) Whilst the Company acknowledges that double glazing may frequently reduce condensation the Company neither expressly nor impliedly warrants that it will in fact do so. Any Agent or Representative of the Company who may represent anything to the contrary does so without the authority of the Company and the customer acknowledges that he has not entered into this agreement in reliance thereon and that the company shall not be liable for any loss of whatsoever nature and howsoever arising or be entitled to rescind the contract as a consequence of any such representation
(h) The Company guarantees are in accord with material manufacturer supply warranty’s as follows:-
(i) Timber 10 years; Glass 15 years; Paint* 5 years; Fittings** and Labour 1 year.
* When paintwork applied is the Company’s standard 3 coat acrylic micro-porous paint process which allows the wood to breathe for greater longevity. Wood stains are an alternative option. Other coating guarantees may vary according to product and manufacturer. Specialist suppliers can give advice.
** Weights and pulleys on vertical sliding box sash windows are guaranteed for 5 years.
8. (i) A deposit of such money as may be determined by the company shall be payable by the Customer when they signs the agreement. Payment of the price and any ancillary charges relating to the supply or installation of the goods (together with the Value Added Tax due thereof but less any deposit as aforesaid) shall be due to the Company and (except where a loan has been arranged by or for the Customer in accordance with condition 13 but subject to condition 8(ii) below shall be made by the Customer to the Company or its authorised representative immediately on completion of the installation as certified by the Company.
(ii) Where a loan has been arranged for or by a customer with the prior approval of the Company in accordance with condition 12 below, all documents relating to the loan, all duly completed and signed, must be handed to the Company’s installer or any authorised representative on completion of the installation as aforesaid, failing which the Customer shall immediately pay to the Company (or its installer or other authorised representative) the whole of the contract price and any ancillary charges in cash
(iii) Without prejudice to his rights under the agreement, the Customer shall not be entitled to deduct from or set of against any monies due to the Company hereunder any sum claimed by the Customer against the Company whether in relation to the supply or installation of the Goods or otherwise howsoever.
9. The Customer is responsible for checking the goods on delivery and ensuring they are as set out in the Agreement.
(i) Upon the goods being delivered to the customer they shall be at the sole risk of the Customer.
(ii) Notwithstanding delivery and the passing of risk, the legal and beneficial ownership of the goods supplied by the company shall remain with the company until it has received in full the contract price and any ancillary charges payable to the company for the supply or installation of the goods.
(iii) The time specified for payment shall be of the essence of this agreement and the Company shall be entitled to charge interest at the rate of two per cent per month on all overdue payments, such interest to accrue on a daily basis and to be payable after as well as before.
10. The agreement is for the Company to supply goods to the Customer only. Unless agreed in a separate agreement, it is the responsibility of the Customer to ensure that the installation of the goods complies with all statutory requirements, and in accord with the company and trade guidelines, including without prejudice to the foregoing all relevant bye-laws and building or planning regulations, and that all consents required in connection therewith or with the installation are obtained prior to the commencement of the installation..
(i) The Customer will be responsible for storage in a dry ventilated area and ensuring Goods are maintained in the same condition as delivered. The Company accepts no responsibility or liability for damage to the Goods arising from installing or subsequent defects where due care has not been taken.
(ii) After installation, the Customer is responsible for protecting the goods from damage including from building work and people on site. In essence, the Company’s timber goods are furniture and should be treated with the same care as other fittings such as kitchens and bathrooms so not be subject to general use.
(iii) During and after building work, conditions can arise outside the intended user environment to cause defects to arise, exacerbated by the time period. Dust, dirt, splashes, scratches, knocks, moisture, excessive humidity and abuse of goods are amongst the potential hazards if the goods are not properly protected and/or insufficient care is taken. Also see Para 7 on Guarantee.
(iv) The condition and suitability for installation of the Customer’s existing sub-frame shall be the responsibility of the customer alone and the company shall have no responsibility whatsoever and therefore and shall not be liable to add, replace or repair sub-frames, window boards, or cills.
11. It is the responsibility of the customer to ensure that the installation of the goods complies with all statutory requirements, and in accord with the company and trade guidelines, including without prejudice to the foregoing all relevant bye-laws and building or planning regulations, and that all consents required in connection therewith or with the installation are obtained prior to the commencement of the installation.
12. The Company hereby agrees with the Customer that in cases where the Customer has applied to a Finance Company, companies or lender for a personal or business loan with the prior approval of the Company and all such applications have been refused, then provided that the Customer shall have used his best endeavours to obtain such loan, this agreement may be terminated by either party on written notice to the other and any deposit paid by the customer shall be refunded to him in full. The Customer shall complete all applications for any such loan and provide all information in connection therewith promptly on request by the Company or the relevant Finance Company as the case may be.
13. These terms and conditions of contract and the terms specified in the agreement and related documentation to supply Goods shall constitute the entire contract between the Company and the Customer and the Customer acknowledges that no representations have been made to him concerning the Goods or their installation other than those that appear herein or in the Company’s sales literature in use at the date of this Agreement. These Conditions of Contract shall also apply to any supply or installation made through the agency or any company associated with or acting on behalf of the company.
15. The Customer has the right to cancel without any obligations within 7 days from the date of order.
16. This Agreement will be construed and given effect in all respects in accordance with the laws of England and the Courts of England shall have exclusive jurisdiction hereunder.