Conditions of contract & guarantee terms
1. The customer will accept delivery or provide reasonable access to enable installation to be completed as soon as advised that the materials are ready. If within 4 weeks of such advice an appointment for installation or delivery in accordance with the contract has not been fixed the balance of the purchase price is then due and payable, and installation or delivery will then follow at a mutually convenient date,
2. When the customer has ordered (by one or more contracts) a number of separate products, which can be supplied and fitted independently of each other, the company will endeavour to install such products at dates as close as possible to each other but
a. The company shall be entitled to supply and install such products separately.
b. The company may render separate invoices in respect of each such product and
c. Payment in respect of such invoice shall be due as provided in paragraph 1 even though some or all of the products have not yet been supplied or fitted.
Guarantee
3.a) The company gives a 10year guarantee on all white PVCU & aluminium products installed by the company free of charge but may make a service charge for the fitter’s time and travelling costs in attending the site to identify the fault, and to affect the replacement. Certain coloured products come with a shorter guarantee. Please ask for confirmation.
Exceptions are as follows:
• 5 years guarantee on built in blind units and the internal built-in blind. 2year guarantee on any external components such as cords, mechanical sliders and motorised components.
• Woodgrain PVC is only guaranteed for 5 years against colour stability, shape retention, impact strength retention and resistance to chemical attack.
• All handles, hardware and fittings including gasket is guaranteed for 1 year.
• Electrics works undertaken are guaranteed for a period of 1 year.
• Plumbing works undertaken are guaranteed for a period of 1 year.
• All cylinders are guaranteed for 2 years.
• Plastering cracks are guaranteed for 1 year.
b. The company guarantees to repair or replace free of charge any hermetically sealed double glazed units supplied and installed by the company which develops a fault, (including the fault of condensation between the glasses of sealed units), due to defective materials or construction, if written notice of any such fault or defect is given within 10 years of the date of installation (5 years for built in blind units). This guarantee does not apply to minor imperfections in the glass or the incidence, prevention, or elimination of condensation (expect to that between the sealed unit). The company may make a service charge for the fitter’s time and travelling costs in attending the site to identify fault and to affect the replacement.
c. The glass used is of the appropriate quality but may have minor imperfections as the company cannot supply glass to a higher standard than the manufacturers can provide. The glass in hermetically sealed double glazing will comply to visual quality standard of the GGF.
d. The company guarantees to replace free of charge any units which develop faults due to defective materials or construction and which have been supplied but not manufactured by them such as window hardware for a period of one year from the date of this contract, or for such longer period as may be covered by the suppliers guarantee to the company. In the event of any claim under this guarantee, the company may make a service charge for the fitter’s time and travelling costs in attending the site to identify the fault and to affect the replacement.
e. The guarantee does not extend to damage or faults due to accident, misuse, or neglect
f. In the case of a contract of sale the rights set out in paragraph 5 are given in addition to, and not in substitution for, all the customers rights under common law or by statute.
g. The company gives such undertakings as to the title as are implied by section 12 of the Sale of Goods Act 1979
h. This guarantee is transferable to new occupiers or owners of the above property at the cost of £50.00 inc. VAT for windows and doors and £150 inc. VAT for conservatories provided that change of ownership or tenure is fully notified in writing to 21st Century Conservatories and Fascia’s Ltd with one calendar month of it having taken place.
Customer materials
4) Although every care is taken, we cannot accept responsibility for damage or breakage whilst working, handling, or storing customers materials.
5) GLASS SALES – CORRECT USE OF GLASS.
It is the responsibility of the purchaser of glass not for installation by the company to ensure that the glass is used correctly and that its application conforms with current regulations and the British Standard Codes of Practice, our staff are able to advise on the correct and safe use of glass and the appropriate methods of glazing. If you are in any doubt please ask for guidance before ordering or purchasing glass to ensure it is entirely suited to your purpose.
Liability
6. These terms set out the entirety of the company’s liability’s and, save as expressly provided in them, all other terms implied by statute, common law or otherwise are excluded. Condensation
7. Condensation will be caused by a number of different factors. Double glazed sealed unit windows or doors within the conservatory or extension will normally reduce or sometimes eliminate condensation. They will not and cannot do so in all cases. The company DOES NOT guarantee, undertake or warrant that condensation will be prevented, reduced or eliminated (except between the glass panes in a sealed unit) and no representative or employee of the company has any authority to give any such undertaking or warranty.
Cancellation
8. This contract may only be cancelled:By the company
a) if the company surveyor considers at any time and at his discretion that the building or part of it in which the product is to be installed is unsuitable for any reason or has any structural defects or requires major alteration or constructional work which would affect the installation of the product.
b) if the customer requires a loan or other form of finance (whether from a bank, building society, finance company or other lending institution) to finance the whole or part of the installation and such loan has not been granted to the customer within 2 calendar months of the date of this contract PROVIDED that the company may (in its discretion) arrange a loan for the same amount as required by the customer as the same rate of intertest and on similar terms to that offered by the lender to which the customer has applied and if such loan is approved then it will be taken up by the customer.
By either party
a) If it shall be discovered after signing of this contract that the figures stated in the order form have been wrongly calculated (whether with regard to product size, individual product price, discount (if any) manifest error or otherwise) then either party may give fourteen days’ notice to the other of the error and of the correct calculation and upon receipt of such notice the other party shall have seven days within which to notify the other if the contract is to be cancelled failing which the contract shall be performed in accordance with the revised calculations.
b) If the contract is cancelled under clause 8 then this contract is deemed to be of no effect and any deposit paid by the customer shall be refunded without any deduction or accretion within 14 days of cancellation.
Payment
10 a) A deposit is payable on signing this contract. The balance is payable in full upon completion – unless otherwise agreed by an authorised officer of the company in writing. Work uncompleted due to minor defects/delays should be subject to a 90% payment with a 10% retention held back until full completion.
b) BALANCE – if stage payments be agreed the first payment should be paid to the foreman/fitter upon finish of the base/brickwork if applicable or delivery or start of conservatory. In the case of supply only to the delivery driver. Payment is to be made by:
Method of payment
1. Cash
2. Crossed cheque as required by the company (payment is only deemed to be made upon clearance of the same
3. Banker’s draft. Building society cheque or finance company cheque again as required by the company
4. Bank transfer via BACS or a card payment taken over the telephone
5. Where a loan has been applied for the completion of appropriate credit or loan account documents irrevocably authorising payment in full together with the appropriate letter of satisfaction signed by the customer and letter authorising payment to the company payment is deemed to be made upon payment being received by the company
6. The company’s representative is authorised to accept cash or cheques with order. The foreman/fitter is authorised to accept payment upon completion of the installation. All cheques to be made payable to the company or as the company may otherwise direct in writing. No other arrangement areas to payment are valid.
7. VAT or any tax amending or replacing the same is chargeable at the rate ruling at the date of invoice.
8. The company retains title and ownership of the product until payment has been received by the company in full, and the customer agrees to grant access to same.
9. The company has a right to charge intertest at the rate equivalent to 3% above the base rate of the company’s bankers for the time being (as well after as before any judgement) on all monies which are not paid in accordance with this clause and recovery costs incurred in collection the balance.
Variation and alterations
11. All the terms of the contract between the company and customer are contained in this contract and the details overleaf. They can only be altered with the written approval of the company. No oral or written alteration or variation of the terms of this contract between the company and the customer and any agent or representative of the company are binding on the company.
12. The company reserves the right to vary the specification and the design of a product at any time and without notice but shall notify the customer if such changes will result in any difference in price or any material difference in the appearance of the product. The customer may accept this in writing but if not so accepted (and unless the contract shall then be cancelled by the company) the product will be manufactured to the original specification where this is reasonably possible or the revised specification where such specification and the materials have been changed b the suppliers to the company.
13. The company shall unless the contrary appears overleaf determine the type of the individual panes of glazed units and their arrangement within the product. Glass used in the product shall be of a thickness and weight suitable for its purpose as determined by the company’s surveyor.
13a) Groundwork – Excavation / construction of footings, ground bearing slab and drainage will be priced to a specification as described in the quotation. Any additional requirements to this, discovered prior to or during works will bear additional charges.
b) Matching bricks will be subject to local availability. If a matching brick is not available, a near match or contrasting brick will be offered. If this is not acceptable a brick can be sourced from further afield, but a haulage charge may be incurred.
c) An independent flooring company may require a latex-smoothing layer on the screed; this cost has not been allowed for. Flooring cannot be installed until the floor has been allowed to dry out, this may take anywhere between 4-6 weeks.
d) the company reserves the right to make any extra charge for unforeseen additional work that needs to be carried out in respect of base work, electrical or plumbing.
Company’s obligations
14. The company shall install the product in accordance with this contract. The work will be commenced as soon as possible but time is NOT of the essence of this contract and no liability shall be accepted for any delay in installation due to circumstances beyond the company’s control. The company will use its best endeavours to notify the customer of any delay and will arrange another day for installation as soon as practical thereafter.
The company does not accept any liability for damage or consequential loss, or loss of wages alleged to arise in such circumstances.
15. The company is NOT responsible for:
a) the removal of furniture, carpets, and curtains
b) any alteration to PELMETS, BLINDS OR CURTAIN TRACK OR POLES
c) any painting of plaster, specialised finishes, materials not commercially available, matching skirting or flooring, rendering, or plastering work, or redecorating generally where the same has been disturbed
d) any glass breakage after completion of the installation
e) damage to the product occasioned by the customer or the customers own sub-contractors carrying out any building works relating to the contract
f) The cost of any additional works rendered necessary to complete the installation as a result of the failure of the customer or the customers sub-contractors to comply with the company’s specifications as to the Base or where the Base has been constructed inadequately or incorrectly and the company has not undertaken any such works in relation to the base.
g) Any damage to finished floor coverings. It is the customers responsibility to protect the floor from any weathering or damages.
Customers Responsibilities
16. The customer is responsible for
1) Affording full access to premises for the installation of the product at all reasonable times
2) Any necessary alterations to pelmets, blinds of curtain tracks or poles
3) redecoration after installation
4) Where necessary the removal or re-sitting prior to installation of any pipes and cables and also to make any necessary arrangements with the statutory undertakers
5)obtaining any necessary planning, legal or other permissions prior to installation.
6) giving access to all mains services if required for the purposes of the contract and
7) obtaining any necessary permissions so that the company’s workmen may gain access to adjoining properties for the purpose of the erection of the product.
17. No undertaking can be given that customers existing doors, windows and/or frames can be removed so as to fit for re-use or any other purpose and they will be removed from site and disposed of unless the customer instructs the installer to leave them.
From the time of the contract being signed you have seven days during which it may be cancelled.
18. 21st Century Conservatories and Fascia’s Ltd have the right to use any photos of products installed on their social media pages and website.