Definitions
The Company is Willow Windows Ltd The Purchaser is the Customer whose name and address is shown on the contract. The Schedule is the work described on the contract.
Contract
The Purchaser shall Purchase and the Company shall supply and install the products described in the Schedule at the price shown on the contract in accordance with these terms and conditions. No term representation or promise shall form part of the contract unless made in writing and contained or referred to in the Schedule. No addition to or variation of the schedule or to the terms and conditions shall be binding on the Company unless agreed in writing and signed by a duly authorised office of the Company. The products referred to in the schedule will be manufactured in the manner considered most suitable by the Company and the Company reserves the right to make changes in the specification of products without notice as and when technical developments make this desirable. Presentation, showroom samples, illustrations and promotional literature are for demonstration, guidance and advertising purposes only and do not form part of this contract. All telephone calls will be recorded.
Time Scales
An estimated delivery period is quoted on the contract.
- The estimated delivery period will run either from the date of the contract or from the date of any agreed variation to the contract or where the contract is financed by a loan from the date that confirmation or approval of the loan is received by the Company, whichever is later.
- If the work is not substantially completed within the estimated delivery period calculated in accordance with these conditions the purchaser may serve written notice on the Company to complete the work within 8 weeks of service of that notice. If the work is not substantially completed within this extended period of 8 weeks the Purchaser may cancel the uncompleted work covered by the contract without penalty to himself by service of written notice to that effect on the Company. The purchaser shall then remain liable for the payment of the value of that part of the work completed by the date of expiry of this notice.
- Notwithstanding these conditions the Company shall not be liable for any delay in completion of the work which arises from cause beyond its reasonable control and in the event that time is made of the essence of the contract, time shall not run during any period of delay occasioned by cause beyond the Companies reasonable control.
Access
The Purchaser will afford access to the company forthwith upon request for the purpose of carrying out a survey or measurement, installing the products or remedying any defect under the terms of the guarantee. Delay in affording access may lead to additional charges for the purchasers account.
Survey
The sole purpose of inspection by the Company's surveyor is to ascertain the feasibility of the proposed installation and to check the site location and the surveyor does not undertake a general survey of the premises. His inspection will be confined to those areas directly affected by the proposed installation and the company will not be responsible for drawing attention to or remedying any defect that may exist before the date of installation or from any damage arising from the defect. The company reserves the right to modify the schedule if the company surveyor deems necessary. The surveyors report shall be deemed adverse if it states that by reasons of matters relating to the structure design or precise dimensions or the requirements of the planning authority or building control department the works detailed in the schedule cannot be satisfactorily carried out at all or without additional cost. The company may give a revised quotation. If the purchaser declines the revised quotation the company may elect to cancel in accordance with these terms.
Making Good
Under no circumstances will the company be liable to replace, repair or redecorate any internal decorative finishes including ceramic tiles, wallpaper or any other special finishes immediately surrounding the product installed. The company will however make good any damage caused to plaster rendering, shingle-dashing dashing, brickwork and floor boarding surrounding the product installed. However the company will not be liable for failing to match existing rendering, shingle-dashing or brickwork. The company does not undertake to remove intact existing glass frames or secondary double glazing units and nor does it undertake to replace any secondary double glazing units. All materials removed during the course of the work will be cleared from site unless express instructions are given to the contrary and once removed materials are irretrievable.
Payment
The balance payable as shown on the schedule is strictly nett and shall become due and payable without deduction or set-off immediately the installation has been substantially completed. The existence of some minor defect in the work shall not entitle the purchaser to withhold any part of the contract sum provided the work is substantially completed and the purchaser shall rely on the assurance now given by the company that such defects will be made good in accordance with the terms of the guarantee contained in these conditions.
Guarantee
The company guarantees to make good any defect in the products installed by the company subject to the following conditions:
- The defect is notified in writing to the company within 14 days of the date on which the defect is discovered or ought reasonably to have been discovered in any event within 10 years of the date of substantial completion of the installation.
- uPVC & Aluminium windows and doors frames are guaranteed against defective workmanship or any failure in welded joints and distortion in accordance with system suppliers recommendations for a period of not longer than 10 years from the date of substantial completion of the installation.
- Glass sealed units are guaranteed for a period no longer than 5 years after the date of substantial completion of the installation for the failure of hermetical seals (i.e. misting between panes)
- Locking mechanisms and hinges and all metallic moving parts are guaranteed for 1 year subject to regular maintenance by customer. Cosmetic deterioration to handles, letter plates and door handles etc. due to general wear and tear are not covered by this guarantee.
- No guarantee is given to the elimination of condensation.
- This guarantee does not cover breakage of glass after the installation is complete.
- This guarantee specifically excludes consequential loss.
- All guarantees are given in good faith. However, if it is deemed after a visit from a company representative that our product has been misused, tampered with or damaged in any way etc., we will render the guarantee null and void, leaving any remedial work to be carried out at a pre-arranged fee, which shall be payable before any work commences.
- The “Customer” is defined as the party with whom Willow Windows Ltd contracted. This guarantee may only be assigned by written consent from Willow Windows Ltd.
- If the design of any products requiring replacement has changed the company shall have the right to replace the product if that be necessary with a product of the latest design notwithstanding that it differs in appearance from the original design.
- The purchaser allows the company reasonable opportunity to inspect and make good any defects.
Passing of Property
All goods remain the property of the company until the total price inclusive of any interest due thereon in accordance with these conditions be paid by the purchaser.
Cancellation
The company reserves the right to cancel this contract by notice in writing to that effect sent by pre-paid post to the installation address shown on the contract at any time before installation commences. The company also has further right to cancel the contract should there be an adverse survey report. Should this be the case the purchasers deposit will be returned in full.
Notice of Purchasers cancellation rights
Once signed by both purchaser and the companies’ representative, this order becomes a legally binding document. The purchaser has the right to cancel this contract if he/she wishes by sending or taking written notice of cancellation to:
Sales Administration Manager
Willow Windows Ltd
Units 1-3 Red Barns
Warners Farm, Howe Street
Great Waltham
Chelmsford, Essex
CM3 1BN
Note: This must be done within a period of 7 Days from the date of the contract. An administration fee of £50.00 and any other costs incurred by the company will be deducted from the deposit in accordance with common law. Where the Company is arranging credit for the Purchaser, cancellation may be effected as advised by the credit company.
Website Terms and Conditions
By accessing this website, the visitor/user agrees to be bound by the following terms and conditions: Whilst Willow Windows has taken all reasonable care in the preparation of the contents of this website to ensure the information appearing on it is accurate and up to date,
- Willow Windows disclaims (to the extent permitted by law) all warranties, express or implied, as to the accuracy of the information contained on this website. You should take appropriate steps to verify any information upon which you wish to rely.
- Information on this website is therefore solely for guidance purposes only and is subject to change without notice and is not intended to constitute a contract. The availability of a product on this site, the design, specification and price may change at anytime without prior notice.
- All products mentioned or which feature on this website are strictly subject to availability. The visitor/user should take appropriate steps, including seeking appropriate legal and other professional advice, to verify any information on which they may seek to rely. Photographs and artists impressions may be for illustrative purposes only.
- All intellectual property rights are reserved. No part of this publication may be reproduced in any form whatsoever (which for avoidance of doubt shall include photocopying or storing it in any medium by electronic means), save in respect of normal internet site visits.
- Willow Windows shall not be liable for any damages to or viruses that may infect your computer.