DEFINITIONS

 

When the following words are used in these Terms and Conditions this is what they mean:-

1. COMPANY: Swan Windows & Son Ltd Registered address: Saffron Lodge Chorleywood Rd. Chorleywood. Herts WD3 No. 04442018 Registered in England and Wales.

2. WE. OUR. US: Swan Windows & Son Ltd Registered address:  Saffron Lodge Chorleywood Rd. Chorleywood. Herts WD3 Company No. 04442018 Registered in England and Wales.

3. PURCHASER: Purchaser is the named person who signed the contract.

4. ORDER: Your order for the products

5. PRODUCTS: The products that we are selling you as set out in your Order.

6. TERMS:  The terms and conditions set out in this document

7. When we use the words “writing” or “written” in these Terms, this will include e-mail unless we say otherwise.

 

SECTION 1

 

1. This agreement shall constitute the whole between the Company and the Purchaser and may be not be amended or varied except by a document signed by the Purchaser and an Officer of the Company.

2. The Purchaser shall be regarded as having received no representation made by or on behalf of the Company before the contract was entered into, which in any way induced the purchaser to enter into the contract except that this shall not apply in the in the case of a representation in writing and signed on behalf of the Company and delivered to the Purchaser prior to signing the contract.

3. It is the Purchaser responsibility to inform the Company whether the premises are either a listed building or within a conservation area as defined by statute.

4. The Company only guarantee works directly carried out by themselves and cannot be held responsible for defects in building work carried out by others.

5. The Company will only carry out those items specified in the contract and shall not be responsible for works either promised or implied unless written into the contract.

6. The Purchaser shall permit the Company, its servants and agents to have access to the installation address at all reasonable times in connection with the installation.

7. All payments are due in accordance with the payment terms stated in quotation letter; full settlement of balance outstanding is due immediately upon completion of the work and the Company’s fitter to accept payments in cash, by cheque or by proof of BACS payment.

8. The Company reserves the right to request a collection charge of 2½ percent per month on all outstanding balances or any costs incurred in recovering them.

 

SECTION 2

 

1. All uPVC and Aluminum, supplied and fitted by our Company carry an installation guarantee for a period of 10 years from the date of order provided the goods have been paid for as per contract.  The Company shall with approval of the manufacturer (and for a period of 5 years) repair or replace free of charge any items proven to be faulty or to have been installed incorrectly.  The Company cannot be responsible for normal “Wear and Tear” or damage caused by the Purchaser or their associates.

2. All Timber frames supplied and fitted by our Company carry a comprehensive guarantee for a period of 5 year from the date of order provided the goods have been paid for as per contract.  This does not cover glazing units with ornament, etched, sanded and enamelled toughed glass. The warranty for hardware parts is 5 years. The following periods for coatings are provided:

• RAL/NCS paint colours – 5-year warranty,

• Transparent colours (stain) – 3-year warranty, 

• Dark paint colours – 2-year warranty. 

3. The Company shall repair or replace free of charge any items proven to be faulty or to have been installed incorrectly.  The Company cannot be responsible for normal “Wear and Tear”.  We cannot be responsible for natural movements and shrinkage of timber.

4. The Company will in its absolute discretion carry out such work as it considers proper to reduce condensation but without warranty that such condensation (if any) will be reduces. IN NO WAY WILL THE COMPANY GUARANTEE BY ITSELF OR ITS REPRESENTATIVES THAT CONDENSATION CAN BE ELIMINATED OR REDUCED.

5. Brass, Gold and Chrome fittings are not maintenance free and will carry a 1 year’s manufacturing warranty only. 

6. Friction Stay Hinges carry a 5 year guarantee.

7. Electrical devices (i.e. Alarms and Bells etc.) are not covered by The Company guarantee.

8. The Purchaser must inform The Company of any hidden/buried telephone.  The Company cannot be held responsible for telephone wires that are hidden/buried in existing product, and consequently lost during installation.

9. The Guarantee does not cover glass breakage after installation.

10. Replacement Sealed Glass Units will only carry a 5-year manufacturers warrant

11. Internal blinds have a 5-year manufacturer’s warranty on the magnetic operation.

 

SECTION 3

 

1.   All descriptions specifications, drawings and particulars of weight and dimensions submitted by the Company are to be approximate only and descriptions and illustrations in catalogues and other advertising matters shall not form part of the contract.  Sizes shown are for price purposes only and are subject to iteration by the surveyor as is necessary.  Designs shown are not to scale.

2.   The Company reserves the right to cancel this contract should our measurement department report prove unsatisfactory whereupon the deposit will be repaid in full.

3.  The Company reserves the right to amend the contract price should the Company measurement department so advise because of the nature of the work, but in this case the Purchaser shall have the option within 3 days of being notified in writing of the amended price to rescind the contract in writing.

4.  The Company or its servants will be in no way responsible for structural defects in the property before, during or after installation.

5.  The “drops” on windows are defined as the height from the top of the windows to the center of the transom.  Unless otherwise stated overleaf, the “drops” will be the same as the existing windows.

6.  Where you have decided to keep your existing timber sub-frames, we can take no for defects inherent in the timber which may appear in the short or long term.

7.  The measurements of bay windows are taken from the head of the existing windows, this can lead to variation between the coverage of the cill and the existing building.

8.   Designs are viewed from outside the property.  The following drawings are used to indicate the type of window or doors.

 

SECTION 4

 

1. We cannot be responsible for interior or exterior decoration of any kind, which may be necessary as a result of the installation.

2. Although due care will be taken when removing windows we cannot be responsible for exterior or interior tiling.

3. Any face bricks required to carry out the contract must be approved   or supplied by the customer

4. Although every care is taken in the purchase and selection of Imperfection free glass, this cannot be guarantee.  Therefore we conform to the GGF (Glass and Glazing Federation) code of practice and ruling on this matter.

5. Although due care will be taken when installing windows above conservatory roofs, because glass and/or perspex becomes brittle in the course of time any breakage must be treated as a claim against the customer’s personal home insurance.

6. Whilst all due care will be taken, we cannot be held responsible for any damage caused to wires while removing existing window frames – i.e. telephone cables and television aerials.

7. It is a natural process for leaded units to develop staining and/or discoloration for some weeks after installation.  This is due to their initial exposure to the elements and will rectify itself in due course.

 

SECTION 5

 

1.    The company reserves the right at any time to make any minor modifications in design

       or specification of the goods without prior notice to the customer if it shall reasonably   

       consider that such modification is beneficial.

2.    Hardwood mullions are only fitted on bay windows where the angle changes, and 

       nowhere else unless specified in writing on the contract.

3.    The company cannot be held responsible for variation in colour between different

       materials- i.e. feature panels used in doors aluminum windows in uPVC subframes.

4.    Unless specifically written into the contract the window price does NOT include internal

or external reveal linings, facias, soffit boards, pelmets, or the removal/replacements of any types of blinds fabric, timber or plastic, curtain or curtains/blind fixings. 

5.    The glass area will vary between opening and non-opening windows unless false 

        casements are fitted, this will only be done if directly specified in the contract.

 

SECTION 6

Cancellation of Contract during the Cooling Off Period

1. Where the Agreement is not made “on Our premises”, Purchaser have a statutory right to a “cooling off” period.  This period begins once the contract between the Purchaser and the Company is formed and ends at the end of 14 calendar days after that date.  

2. If Purchaser wish to cancel the Agreement within the cooling off period Purchaser should inform The Company  immediately by a clear statement (e.g. a letter sent by post, fax or email to the postal address, fax number or email address specified in these Terms and Conditions). 

3. To meet the cancellation deadline, it is sufficient for Purchaser to send Your communication concerning the exercise of the right to cancel before the cancellation period has expired. 

4. If Purchaser exercise the right to cancel Purchaser will receive a full refund of any amount paid to the Company  in respect of the contract.

5. The Company will refund money with the same method that was used to make the payment, unless Purchaser have expressly agreed otherwise. In any case, Purchaser will not incur any fees as a result of the refund.

6. The Company  will process the refund due to Purchaser as a result of a cancellation without undue delay and, in any case, within the period of 14 days after the day on which The Company  are informed of the cancellation.

i. If the Purchaser wish for the job to be carried out within the 14 day “Cooling Off” period, the Purchaser loses the right to cancel and the full balance will be liable for payment by the Purchaser. 

ii. If the Job is completed within the 14 calendar day cooling off period, Purchaser will lose the right to cancel and the full balance will be liable for payment by the Purchaser.

iii. If Purchaser cancel the Agreement after provision of the Product Installation has begun Purchaser will be required to pay the full amount of the contractual balance.

SECTION 7

 

Ombudsman Scheme – Handling of disputes.

 

1. All disputes, differences and questions which at any time arise between the parties to this agreement and guarantee or their representatives or assigns attaching to or arising out of or in respect of this agreement and guarantee or its subject matter shall be, and are hereby, submitted via Checkatrade Membership Number 269635 (unless there is good reason to send the matter directly to the Ombudsman) for conciliation, mediation or determination/arbitration by the Ombudsman or his nominee.

2. Where a matter referred for conciliation or mediation has not been resolved within one month or such later time as the parties may agree in writing either of the parties shall have the right to request that the matter(s) in dispute be resolved by arbitration and/or determined by the Ombudsman pursuant to the rules of The Quality Assurance Ombudsman Scheme, 1996, or any subsequent modification thereof.

3. Where the complainant party is a consumer as defined in the Unfair Terms in Consumer Contracts Regulations, 1999 and in the Arbitration Act, 1996, or any re-enactment or statutory modification of either, this clause shall only apply where the complainant, in writing, requests a resolution by conciliation, mediation or determination/arbitration after the arising of the dispute, difference or complaint or question.

4. In the event of any dispute arising during the course of or subsequent to completion of the contract the customer will not be entitled to withhold payment in excess of an amount representing the reasonable cost of the work required to rectify or replace any allegedly defective Works which are the subject of the dispute.

 

ALL PRODUCTS MANUFACTURED TO B.S.I. STANDARDS,

AND CONFORM TO DOCUMENT L FENSA REGISTRATION No.