TERMS AND CONDITIONS
1 The Agreement shall constitute the whole Contract between Balcam Ltd T/A Grovewood (GW) and the Customer and may not be amended or varied except by a document signed by the Customer and an Officer of GW.
2 Any time or date specified by GW as the time or date on which goods will be delivered and/or installed is given in good faith but is given and intended as an estimate only and GW shall not be liable for any loss, damage or expense howsoever arising from delay in delivery and/or installation.
a) Unless otherwise specified, all products are as displayed at the GW showroom or, where not displayed at the showroom, as specified in the manufacturer’s brochure (please ask the sales executive for a brochure).
PAYMENT TERMS
3 All Payments are to be made to “Grovewood” as per the terms set out below.
a) A 25% Deposit of the total Contract value is to be paid by the Customer upon signing the contract. b) All contracts exceeding £9,000 will be payable in three installments. 1) A 25% Deposit of the total Contract value is to be paid by the Customer upon signing the contract. 2) The balance, less the cost of fitting the product (i.e., the product only) is payable upon commencement of the work. 3) The balance for the fitting is then paybale upon completion of the contract c) Unless otherwise shown on the “Payment Structure” stated overleaf, or the payment terms fall into section3 paragraph B, payment for this Contract is to be made by the Customer in the following stages: d) The balance payable as shown overleaf becomes due upon installation, or when the majority of the work scheduled on the contract has been carried out. e) Should any minor defects, issues, or otherwise arise during the installation, the customer may retain up to 5% of the contract value until the defect/issue has been rectified. f) This is not a credit agreement, therefore, you agree to meet the payment schedule above.
4 If only part of the contract is installed GW will invoice for the items installed and payment will become due upon installation as per the payment terms set out in section 3.
5 a) GW reserves the right to charge a late payment fee in the event the payment terms as set out in section 3 are not met. Late payment charges are as follows: Contract value up to £999.99 £35 fee £1,000 to £9,999 £75 fee £10,000 or more £150 fee b) GW also reserves the right to charge interest, at 14% over base rate, if the Customer fails to meet the payment terms set out above. c) GW also reserves the right to charge an administration fee of £75 if at any time payment has been made to GW by the Customer in the form of a cheque and the cheque payment is subsequently stopped by the Customer.
6 We require payment to terms as set out above. Payment must be made on time, in full, and without any deduction, set off or counterclaim. In the event that an account is outstanding, we will refer the matter to our debt collection agents, Daniels Silverman Limited, which will incur costs of 15% + VAT of the outststanding
payment. Any costs incurred to collect the debt will be added to the debt, plus VAT at the prevailing rate. You agree that you will be legally liable to pay us that surcharge, and that payment of the same can be enforced against you in court. You also agree to pay interest at the relevant reference rate provided for under the Late Payment of Commercial Debts (Interest) Act 1998, which interest is payable both after and before any judgment of the court and continues to accrue.”
SUPPLY- ONLY CONTRACT
7 Where GW has been contracted to supply the product only and fitting is not required: a) 50% of the total Contract value is to be paid when the Contract is signed by the Customer. b) 50% of the total Contract value is to be paid by the Customer when GW delivers all materials to the address stated on the Contract or collected by the Customer. c) Where a Contract has been reverted to a “supply only Contract”, GW will remove the cost of fitting the product from the total contract value and the remaining amount, less any monies already paid, will become due immediately.
SAMPLES
8 Representatives’ and showroom samples and photographs are used to demonstrate a typical product and its composition only. The goods supplied do not necessarily correspond to such display models. Windows, doors and any other product shown in the product schedule will be measured and manufactured in the manner considered suitable by GW. Profiles and trims of fitted products may differ slightly depending on the composition of the materials and manufacturer used. Pursuant to GW’s policy of continuous improvements to its products, GW reserves the right to make any necessary modifications without prior notice.
9 Any alterations in the design or specification made at the request of the Customer or with their agreement, to that shown on the Contract, will entitle GW to charge for any additional work and materials.
INSPECTION OF PREMISES
10 Measurements made by GW’s representatives are approximate and will be used for the purposes of calculating the Contract price only. GW’s surveyor will inspect the premises at the address shown overleaf, after the Contract is signed to ascertain the viability and all necessary measurements for the work to be carried out in the Schedule. If upon inspection it proves necessary to alter or modify the Schedule, GW reserves the right to modify the work/contract. However, the Customer will be informed first and any alterations will be subject to the Customer’s consent. Should the Customer not agree to the alterations, GW reserves the right to cancel the contract and the deposit will be refunded in full.
DELIVERY
11 Upon delivery to the Customer’s premises of any goods or materials supplied by GW in pursuance of this Contract, the same shall be at the Customer’s risk.
12 Where GW has instructed for the manufacture of the product in accordance with the Contract and the Customer subsequently defers delivery/installation, GW reserves the right to invoice for the value of the product upon reaching the estimated delivery date and defer the costs of fitting the product until such time that the product is fitted. GW also reserves the right to charge additional storage costs.
CONDENSATION
13 The Customer acknowledges that condensation is dependent upon a number of variable factors, some of which may be favourably affected by the installation of double-glazing and some of which may not. GW cannot guarantee that condensation will be eliminated or reduced by installation of its products nor accept any liability for condensation. Condensation is caused by degrees of humidity, temperature and ventilation which are subject to the environment and none of which GW can control.
GLASS
14 All glass used wiil be the best available, but glass manufacturers will not give a guarantee covering minor blemishes and imperfections or shade variations and, therefore, GW cannot guarantee or be held responsible for any such imperfections. GW will not replace any glass cracked or broken after installation. In some circumstances a double image or rainbow effect can be seen, this is a natural phenomenon and not an imperfection of the glass. In the case of a dispute, both panes of the sealed units shall be viewed from the room side, standing at a distance of not less than 2 metres, in natural daylight and not in direct sunlight. The area to be viewed is the normal vision area with the exception of a 50mm wide band around the perimeter of the unit, in accordance with the Glass and Glazing Federation visual quality standards for double-glazed units.
PLUMBING/CURTAINS/TELEPHONE ETC.
15 If necessary, the Customer shall at their own expense, prior to installation, make the necessary arrangements to remove or re-site any plumbing, electrical or gas installations and connections and arrange for their telephone/satellite supplier to re-site any necessary equipment. 3 a) Unless otherwise specified in writing, GW does not undertake to re-site any gas, electrical, wiring, plumbing, satellite or telephone installations. b) The Customer shall remove any curtains/ blinds at their own expense. If GW installers are asked to remove and refit blinds, unless other- wise stated on the Contract, GW will retrospectively invoice the Customer a charge of £12 per blind.
16 GW cannot accept liability for any accidental damage to electrical, television or telecommunications wiring equipment where this is attached, passes through, or is an integral part of an existing window or door frame.
17 It is the responsibility of the Customer to ensure that any existing intruder alarm systems and/or entry prevention equipment is removed prior to installation. GW will not accept liability should this not be adhered to.
18 It is the Customer’s responsibility to ensure that nothing is left out and that no one tampers with the site, so as to render the premises an unfit or unsafe working environment for GW’s representatives whilst work is undertaken. The Customer shall be responsible for taking all due and responsible care for their own safety and the safety of any third parties on the premises during the undertaking of any work during the installation.
WARRANTY
19 a) You are automatically covered by a two-year statutory warranty relating to faulty goods. b) In addition, GW provides an extended eight-year warranty (making a total of ten years).
GW’s liability in respect of any defect in the installation is limited to making good by replacement or repair of any failure of product at GW’s discretion that may appear within 10 years of the installation date; (minor adjustments, as scheduled in section 24c, are only covered for the first year). At the termination of this period all liability on the part of the GW will cease. GW reserves the right to replace the defective part/ items with similar parts that are in current production provided that it is of a similar quality.
Failure to meet the payment terms as scheduled in section 3 may result in GW withdrawing the extended nine-year warranty supplied by GW (this is at the discretion of GW management). Reinstating the extended warranty will be subject to an additional fee (between £150 and £350, depending on the Contract value) and only at the discretion of GW management.
20 Any electrical installations and fabrics will only be guaranteed within the terms of the supplying manufacturer or for ONE YEAR. GW will not provide any warranty/guarantee against electrical parts or fabrics.
21 GW does not accept any liability for defects caused by misuse, neglect or lack of maintenance.
22 The extended nine-year warranty provided by GW becomes effective only if the payment terms, as shown on this Contract, have been met.
23 This warranty is for the Contract holder and may not be transferred to a third party under any circumstances.
24 Excluded from this warranty is any defect arising from:
a) Storm/rain damage, flood, heave or subsidence, accident and supply-only products. b) Under this warranty, liability will not be accepted if any attempt is made to carry out any repair or adjustment by any person other than GW’s representatives. c) Adjustments to doors and windows due to misuse or neglect. d) Minor surface marks or blemishes caused during manufacture or installation which are inevitable. e) The failure of the Customer to comply with the GW’s maintenance instructions. A copy of which is provided at installation. Further copies can be obtained by calling 0845 470 1977. f) Damage resulting from subsidence due to soil shrinkage, underground works etc. Damage attributable to the failure of foundations or structure.
g) Minor defects/hairline cracks to plaster work and brick work due to settlements. h) Discolouration or frost damage to brick work or salt showing through. i) Although every precaution is taken, GW cannot accept liability for any damage caused to decoration or paintwork caused by the installation of the product and or any structural alteration. Under no circumstances will GW be responsible for any costs incurred in redecoration. j) GW cannot be held responsible for shrinkage or superficial cracking of new plaster work; this is normal and should be decorated by the Customer as required. k) GW cannot accept any liability for damage to garden plants or lawns. l) Damage caused by negligence, misuse or wear and tear will not be covered by this warranty.
SUPPLY-ONLY CONTRACT WARRANTY
25 “Supply- only liability” is limited to the product only for a period of 1-year if GW determine that such product is not repairable. If the product is repairable,
the Customer shall be responsible for the repair. GW cannot be held liable for any adjustments required due to incorrect or faulty fitting of the product. Exclusions to this warranty are as set out in paragraph 24.
a) Correct measurement is the sole responsibility of the Customer, GW cannot be held responsible for supply of materials incorrectly measured by the Customer. b) The Customer shall not be entitled to withhold payment. Prior to the order being placed, GW requires 50% deposit, and payment of the balance of money specified in the Contract shall be immediately due upon delivery of goods.
26 GW reserves the right to withdraw any warranty throughout any period during which the full amount, or part thereof, of the total price shown overleaf remains unpaid, or any monies outstanding to GW at any time.
CANCELLATION
27 In accordance with the Regulations, the Customer has the right of cancellation within the seven days “cooling- off period” which shall commence on the day the Contract is signed by the Customer. To cancel the Contract, the Customer must give written notice to GW by letter or email giving details of the Products ordered and (where appropriate) their delivery. Notification by phone is not sufficient. Once GW has been notified of the cancelling of the Contract, GW will refund or recredit the Buyer within 30 days for any sum that has been paid or debited from the Buyer’s credit card for the Products. If within the cancellation period GW has undertaken any work or survey, GW reserves the right to deduct any fees incurred from any refund due.
a) Upon expiry of the “cooling-off period” a binding Contract will be created in respect of the order detailed overleaf and the Contract shall not be subject to cancellation by the Customer. b) GW reserves the right to cancel any order by refunding all monies paid upon receipt of an unsatisfactory survey report from its surveyor. Without prejudice to its right to claim damages for breach of contract, GW may at its sole discretion in appropriate cases agree to the cancellation of an order by the Customer upon payment to GW of all expenses incurred by GW prior to the date of cancellation.
CHANGES TO YOUR ORDER
29 All products are made to order and production of the components for your order will commence shortly after your order is surveyed. If you require changes to be made to your order we may make additional charges for any components that have, or are, in the process of being manufactured.
DATA PROTECTION
30 a) GW will take all reasonable precautions to keep the details of your order and payment secure, but unless we are negligent, we will not be liable for unauthorized access to information supplied by you. b) GW agree to use the information you have provided about yourself for the purpose of fulfilling your order. c) GW will not sell or give your details to any third parties for marketing purposes.
EVENTS BEYOND OUR CONTROL
31 GW shall have no liability to you for any failure to deliver the goods you have ordered, or any delay in doing so, or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial
disputes, breakdown of transport, systems or network access, flood, fire, explosion, acts of God or acts of terrorism or accident.
ACCEPTANCE OF ORDER
32 All Contracts are accepted subject to a survey by GW. If, as a result of the surveyor’s report, the Contract carried out for the price quoted by reason of its nature or if incorrect pricing, the Customer will be informed either that the Contract cannot be carried out and is cancelled or that it can be carried out at an amended price.
INSTALLATION
33 The Customer shall grant GW’s workforce access to the premises at reasonable times, within the working day Monday to Friday, for the purposes of taking measurements or carrying out the work specified on the Contract and for any subsequent remedial work if required.
RETENTION OF TITLE
34 GW will remain the sole and absolute owner of all products supplied and erected under this Contract until such time as full payment has been received by GW. Until receipt by GW of such payment the Customer will hold the product for GW as bailee and will not move any such equipment from the place in which it has been installed. GW may, for the purpose of recovery of its equipment, enter the Contract premises where it is installed and may remove the same without notice.
TIMBER PRODUCTS
35 We are unable to guarantee colour-matching in any of the timber components; this is due to the natural characteristics of the product. In all cases GW will attempt to match timber as close as possible.
36 The Company cannot guarantee timber components unless proper maintenance and treatment of the timber is periodically carried out by the Customer subsequent to the installation.
MAKING GOOD
37 GW will make good to any plastering, rendering or brickwork immediately surrounding the perimeter of the installed item by fixing a finishing PVC trim around the perimeter of the installed item as required. In the event that any plastering/rendering is required this will be at an additonal expense and does not form part of the contract. Although we will take the utmost care, GW cannont acccept responsibility for any damage to ceramic tiles, wallpaper, paintwork or any specialised finishes (such as Tyrolean or pebble dash) to the surrounding area. GW cannot except responsibilty of damage to furniture, curtains, ornaments or fixings to the surrounding area of the installation. It is the customer’s responsibility to ensure the surrounding area is unobstructed.
PLANNING & BUILDING REGULATIONS
38 GW can only assist and provide guidance in relation to planning guidelines and requirements. It is ultimately the Customer’s responsibility to obtain any necessary planning or legal permission prior to the installation. Where the Customer has instructed GW to arrange for planning, GW does so only as an agent for the Customer.