CONDITIONS OF SALE (APPLICABLE to SUPPLY AND INSTALLATION)
1. Interpretation
1.1 In these Conditions:
‘BUYER’ means the person who accepts a quotation of the Seller for the sale of the Products or whose order for the Products is accepted by the Seller.
‘CONDITIONS’ means the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) includes any special TERMS and conditions agreed in writing between the Buyer and the Seller:
‘CONTRACT means the contract for the purchase and sale and installation of the Products
‘PRODUCTS’ means the windows or doors or conservatory specified in your contract
‘SELLER’ means Stafford Upvc Windows limited (registered in England under number 2551576)
‘WRITING’ includes telex, cable, facsimile, Email transmission and comparable means of communication.
1.2 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
1.3 The headings in these Conditions are for convenience only and shall not affect their interpretation.
2. Basis of the Sale
2.1 The Seller shall sell supply and install and the Buyer shall purchase the Products in accordance with the quotation specified subject to these Conditions, which shall govern the Contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any such order is made or purported to be made, by the Buyer:
2.2 No variation to these Conditions shall be binding unless agreed in Writing between the authorised representatives of the Buyer and the Seller.
2.3 The Sellers employees or agents are not authorised to make any representations concerning the Products unless confirmed by the Seller in Writing in entering into the Contract the Buyer acknowledges that it does not rely on any such representations which are not so confirmed.
2.4 Any advice or recommendation given by the Seller or its employees or agents to the Buyer or its employees or agents as to the storage, application or use of the Products which is not confirmed in Writing by the Seller is followed or acted upon entirely at the Buyer’s own risk, and accordingly the Seller shall not be liable for any such advice or recommendation which is not so confirmed.
2.5 Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of other, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.
3. Orders Specifications Variations
3.1 No order submitted by the Buyer shall be deemed to be accepted by the Seller unless and until confirmed in Writing by the Seller authorised representative.
3.2 The Buyer shall be responsible to the Seller for ensuring the accuracy of the terms of any order (including any applicable specification) submitted by the Buyer, and for giving the Seller any necessary information relating to the Products within a sufficient time to enable the Seller to perform the Contract in accordance with its terms.
3.3 The quantity, quality and description of and any specification for the Products shall be specified in your contract.
3.4 If the products are to be manufactured or any process is to be applied to the Products by the Seller in accordance with a specification submitted by the Buyer, the Buyer shall indemnify the Setler against all loss, damages, costs and expenses awarded against or incurred by the Seller in connection with or paid or agreed to be paid by the Seller in settlement of any claim for infringement of any patent, copyright, design. trademark or other industrial or intellectual property rights of any other person which results from the Seller’s use of the Buyer’s specification.
3.5 The Seller reserves the right to vary the specification and the design of the Products at any time and without notice but shall notify the Buyer if such changes will result in any difference in price or any material difference in the appearance of the Products.
3.6 The Buyer may accept in writing any such variation in respect of which the Seller is required to notify the Buyer but if not so accepted (and unless the Contract shall then be cancelled by the Seller) the Products will be manufactured to the original specification where this is reasonably possible or to the revised specification where such specification and the materials have been changed by the supplier to the Seller.
3.7 The Seller shall unless the contrary appears overleaf determine the type of the individual panes of glazed units and their arrangement within the Products. Glass used in the Products shall be of a thickness and weight suitable for its purpose and as determined by the Seller’s Surveyor:
4. Cancellation
4.1 The Contract may only be cancelled:
4 .1.1 By the Seller
4.1.1.1 If the Seller’s surveyor considers at any time and at their discretion that the building or part of it into which the Products are to be installed is unsuitable for any reason or has any structural defect or requires major alterations or structural works which would affect the installation of the Products.
4.1.1.2 if the Buyer 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 Buyer within 3 calendar months of the date of the Contract provided that the Seller may (in its discretion) arrange a loan for the same amount as required by the Buyer at the same rate of interest and on similar terms to that offered by the lender to which the Buyer has applied and if such loan is approved then it will be taken up by the Buyer
4.1.2 By the Buyer
4.1.2.1 If the Buyer is a person dealing as a consumer (within the meaning of the Unfair Contracts Terms Act 1977) within seven days of signing the Contract.
4.1.2.2 If the Buyer wishes to cancel the contract after the seven-calendar day cancellation period has elapsed any deposit paid will not be refunded.
4.1.2.3 If the Buyer wishes to cancel the contract after manufacturing survey has been carried out, the balance of the contract will become payable in full upon receipt of the cancellation notice.
4.1.3 By Either Party
4.1.3.1 If it shall be discovered after the signing of the Contract that the figures stated in tile order have been wrongly calculated (whether in regard to Product size, individual Product price, discount (if any) manifest error or other-wise) 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 In 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
4.2 If the Contract is cancelled under this clause then the Contract is deemed to be of no effect and any deposit paid by the Buyer shall be refunded without any deduction or accretion within fourteen days of cancellation.
5. Price of the Products
5.1 The price of the Products shall be the Sellers quoted price specified overleaf
5.2 The Seller reserves the right. by giving notice to the Buyer at any lime before delivery, to increase the price of the Products to reflect any increase in the cost to the Seller which is due to any factor beyond the control of the Seller (such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labour, materials or other costs of manufacture), any change in delivery dates, quantities or specifications for the Products which is requested by the Buyer, or any delay caused by any instructions of the Buyer or failure of the Buyer to give the Seller adequate information or Instructions
5.3 The price is (unless other-wise stated overleaf to be inclusive of value added tax) exclusive of any applicable value added tax which the Buyer shall be additionally liable to pay to the Seller.
5.4 Conservatories
5.4.1 Whilst the Seller shall use reasonable endeavours to anticipate problems which may arise in and around the proposed site it may not be possible to detect such problems until work commences. The existence therefore when constructing the base of matters such as site debris, running sand or made up ground requiring the need for a raft base may incur additional costs which the Seller reserves the right to charge as an extra
5.4.2 The Seller reserves the right to charge the Buyer also for any additional costs incurred m respect of the following:
5.4.2.1 Re-routing joining or completing any drainage that may become necessary on constructing the base for the conservatory.
5.4.2.2 Making good any hidden manholes.
5.4.2.3 Any additional work in respect of the electricity supply or other services to the building becoming necessary on the demolition of any existing buildings to make way for the conservatory.
5.5 lintel
5.5.1 Every care is made to establish if a lintel is required when quoting a price for the Products but this is not always possible. If at the time of installation of the Products it becomes apparent that a lintel will be necessary which has not been taken into consideration in the quotation the Seller will advise the Buyer accordingly and the Seller reserves the right to charge as an extra the additional costs incurred in installing the lintel
6. Terms of Payment
6.1 A deposit is payable on signing the Contract
6.2 The final balance must be paid immediately upon completion of the installation to the fitter/installation department.
6.3 Payment Is to be made by:
6.3.1 Cash, or
6.3.2 Crossed cheque as required by the Seller (payment is only deemed to be made upon clearance of the same), or
6.3.3 Bankers Draft Building Society cheque or Finance Company cheque again as required by the Seller
6 3.4 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 Buyer and by letter authorising payment to the Seller Payment is deemed to be made upon payment being received by the Seller.
6.4 The fitter/installation department is authorised to accept payment upon completion of the installation. All cheques to be made payable to the Seller or as the Seller may other-wise direct in writing
6.5 No other arrangements as lo payment are valid.
6.6 If the Buyer fails to make any payment on the due date then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to:
6.6.1 cancel the contract or suspend any further deliveries to the Buyer:
6.6.2 appropriate any payment made by the Buyer to such of the Products (or the goods supplied under any other contract between the Buyer and the Seller) as the Seller may think fit (not withstanding any purported appropriation by the Buyer): and
6.6 3 charge the Buyer interest (both before and after any judgment) on the amount unpaid, at the rate of 3 per cent per annum above National Westminster Bank base rate from time to time, until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest).
7. Seller’s Obligations
7.1 The Seller shall install the Products in accordance with the Contract
7.2 The work will be commenced as soon as possible but time is not of the essence of the Contract and no liability shall be accepted for any delay in installation due to circumstances beyond the Seller’s control
7.3 The Seller will use its reasonable endeavours to notify the Buyer of any delay and will arrange another day for installation as soon as practicable thereafter
7.4 The Company does not accept any liability for damage or consequential loss or loss of wages alleged to arise in the circumstances as set out in clauses 7.2 and 7.3
7 .5 The Seller is not responsible for:
7.5.1 The removal of furniture carpets and curtains.
7.5.2 Any alteration to pelmets blinds or curtain tracks or poles.
7.5.3 Any painting of plaster or rendering work or redecorating generally where the same has been disturbed.
7.5.4 Any glass breakage after completion of the installation.
7.5.5 Damage to the Products occasioned by the Buyer or the Buyer’s own subcontractors carrying out any building works relating to the Contract.
7.5.6 The cost of any additional work Tendered necessary to complete the installation as a result of the failure of the Buyer or the Buyer’s sub-contractor to comply with the Seller’s specifications as to the base required for the installation of the Products or where the base has been constructed inadequately or incorrectly and the Seller has not undertaken any such works in relation to that base
7.5. 7 Any minor difference between the brickwork of any conservatory installed by the Seller and the brickwork of any building or structure into which it is incorporated
7.5.8 The cost of re-siting or rewiring any pipes and cables unless specifically agreed and incorporated into the Contract.
7.5.9 Providing matching ceramic or other tiles or specialised finishes such as Tyrolean or Pebbledash
8. Buyer’s Responsibilities
8.1 The Buyer is responsible for:
8.1.1 Affording full access to the premises for the installation of the Products at all reasonable times
8.1.2 Any necessary alteration to pelmets blinds or curtain tracks or poles.
8.1 .3 Redecoration after installation where necessary
8.1.4 Where necessary the removal or re-siting prior to installation of any pipes and cables and also to make any necessary arrangements with the statutory undertakers.
8.1.5 Obtaining any necessary planning legal or other permissions and building regulations prior to installation.
8.1.6 Giving access to all main services if required for the purposes of the Contract.
8.1.7 Obtaining any necessary permissions so that the Seller’s workmen may gain access to adjoining properties for the purpose of the erection or installation of any part of the Products.
9. Property
9.1 The property in the Products shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the price of the Products and all other goods agreed to be sold by the Seller to the Buyer for which payment is then due.
9.2 Until such time as the property in the Products passes to the Buyer (and provided the Products have not been incorporated into any building or structure) the Seller shall be entitled at any time to require the Buyer to deliver up the Products to the Seller and if the Buyer fails to do so forthwith to enter upon any premises of the Buyer or any third party where the Products are stored and repossess the Products.
9.3 The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Products which remain the property of the Seller but if the Buyer does so all moneys owing by the Buyer to the Seller shall (without prejudice to any other right or remedy of the Seller) forthwith become due and payable.
10. Guarantee
10.1 Subject to the conditions set out below the Seller guarantees:
10.1.1 To repair or replace without charge for either labour or materials any sealed unit being part of the Products which develops condensation between the panes of glass if written notice Is given of this fact in the case of a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977) within ten years of the date of Installation and in all other cases within five years of the date of installation.
10.1.2 To repair or replace without charge for either labour or materials any of the Products which develops a fault due to defective materials or construction if written notice is given of the fault or defect within ten years of the date of installation save and except that if any of the Products are second hand the guarantee provided herein shall be limited to one year of the date of installation
10.2 The Seller uses high quality glass in the Products but does not guarantee that the glass so used is perfect and does not undertake that it will be free from minor imperfections (blisters bubbles or fine scratches etc) which result from the process of manufacture.
10.3 The Seller adheres to the specifications and tests recommended by the Glass and Glazing Federation which include objective tests so as to assess the intrusiveness or other-wise of any imperfection or blemish in the glass
10.4 The Seller shall be under no liability under the above guarantee if the total price for the Products has not been paid by the due date for payment.
10.5 Exclusions which the guarantee does not cover are:
10.5.1 Liability for optical effects attributable to natural phenomena.
10 5.2 Minor imperfections in the glass as referred to in clause 10.2 above.
10.5.3 Damage or faults due to deliberate acts, accidents, misuse or negligence (other than of the Seller and its employees) and fair wear and tear
10.5.4 Any claims relating to the reduction or elimination of condensation other than condensation between tile panes of glass.
10.5.5 That any existing windows and doors removed in the course of installation of the Products shall be fit for re-sale.
10.5.6 That any electrical appliances or general fitments agreed to be installed by the Seller under the Contract will be free from defects beyond the period stated in the manufacturer’s guarantee.
10.5.7 Any liability for damage caused by structural defects mining settlement or soil shrinkage.
10.5.8 That once installed the Products will provide total security.
10.5.9 That any external building work undertaken by the Seller including patios decorative walling steps etc will be free from detects for a period of more than one year from the date of completion of such external building works.
10.5.10 Liability in respect of any defect in the Products arising from any drawing design or specification supplied by the Buyer
10.6 Subject as expressly provided in these Conditions and except where the Products are sold to a person dealing as a consumer (within the meaning of the Unfair Contract terms Act 1977) all warranties guarantees conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law
10.7 Where the Products are sold – under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976) the statutory rights of the Buyer are not affected by these Conditions
10.8 Except in respect of death or personal injury caused by the Seller’s negligence the Seller shall not be liable to the Buyer by reason or any representation (unless fraudulent) or any implied warranty condition or other term or any duty at common law or under the express terms of the Contract for any indirect special or consequential loss or damage (whether for loss of profit or otherwise) costs expenses or other claims for compensation whatsoever (whether caused by the negligence of the Seller its employees or agents or otherwise) which arise out of or in connection with the supply of the Products or their use or resale by the Buyer and the entire liability of the Seller under or in connection with the Contract shall not exceed the price of the Products except as expressly provided in these Conditions
10.9 The Seller shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing or any failure to perform any of the Seller’s obligations in relation to the Products, if the delay or failure was due to any cause beyond the Seller’s reasonable control. Without prejudice to the generality of the foregoing the following shall be regarded as causes beyond the Seller’s reasonable control:
10.9.1 Act of God, explosion, flood, tempest. fire or accident;
10.9.2 war or threat of war, sabotage, insurrection, civil disturbance or acquisition:
10.9.3 acts restrictions, regulations, bye-laws, prohibitions or measures or any kind on the part of any governmental parliamentary or local authority:
10.9.4 import or export regulations or embargoes
10.9.5 strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the Seller or of a third party):
10.9.6 difficulties in obtaining raw materials labour fuel pads or machinery.
10 9. 7 power failure or breakdown in machinery. Double glazed units into existing frames 5 year guarantee.
11. Condensation
11.1 Condensation will be caused by a number of different factors:
11.1.1 Double glazed sealed unit windows or doors within a conservatory or extension will normally reduce or sometimes eliminate condensation. This will not however happen in all cases and the Seller 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 Seller has any authority to give any such undertaking guarantee or warranty.
12. Insolvency of Buyer
12.1 This clause applies if
12.1.1 the Buyer makes any voluntary arrangement with its creditors or (being an individual or firm) becomes bankrupt or (being a company) becomes subject to an administration order or goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or
12.1.2 an encumbrancer takes possession or a receiver is appointed of any of the property or assets of the Buyer; or
12.1.3 the Buyer ceases or threatens to cease to carry on business; or
12.1.4 the Seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly
12.2 If this clause applies then without prejudice to any other right or remedy available lo the Seller the Seller shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without any liability to the Buyer and if the Products have been delivered but not paid for the price shall become immediately due and payable not withstanding any previous agreement or arrangement to the contrary.
13. General
13.1 Any notice required or permitted to be given by either party to the other under these Conditions shall be in Writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving tile notice.
13.2 waiver by the Seller of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision
13.3 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not
13.4 Any dispute arising under or in connection with these Conditions or the sale of the Products shall be referred to arbitration by a single arbitrator appointed by agreement or (in default) nominated on the application of either party by the President for the time being of the Glass and Glazing Federation.
13.5 The Contract shalt be governed by the laws of England and the Buyer agrees to submit lo the exclusive jurisdiction of the English courts.
14. GDPR
Here at Stafford UPVc Windows Ltd. We take your privacy seriously and will only use your personal information to enable us to provide the products and services you have requested from us. However, from time to time we would like to contact you with details or updates on our latest offers, products and services that we fell would interest you. This is additional to us contacting you regarding any work we are undertaking with you at this present time or about your guarantee.
15. Useful Links
If you would like any advice regarding complaints and financing you can contact the Financial Ombudsman Service here https://www.financial-ombudsman.org.uk/ or the Financial Conduct Authority here https://www.fca.org.uk/
More information on GDPR can be found on the information commissioner’s office here https://ico.org.uk/