Budget Windows and Conservatories:
Terms and conditions for the supply of goods and services to consumers.
(to be read and retained by the customer)
“Company”, shall mean Drayman Developments Limited trading as Budget Windows and Conservatories, 165 Clandeboye Road, Bangor, BT20 3JP
“Contract” shall mean the Order and these Terms subject to the provisions of clause 4.4 (Formation of the Contract)
“Customer”, shall mean the party who is purchasing the goods and services from the Company and who has signed the Contract. Where there is more than one customer, references to the singular shall include the plural and vice-versa, and where necessary, references to the masculine shall also import the feminine.
“Goods” shall mean the products as set out in the Order.
“Services” shall mean the services as set out in the Order.
2. Conditions to be satisfied prior to the formation of the Contract
2.1 These Terms and the Contract are strictly subject to:
(a) survey of the Customer’s Property by the Company’s technical surveyor. If the Company’s technical surveyor reports that the property is unsuitable for the Goods and Services then no contract will be formed between the Company and the Customer.
(b) The Customer providing sufficient evidence to the satisfaction of the Company that he/she has adequate finance in place to make full payment for the Goods and Services
3 Formation and Terms of the Contract
3.1 The Company considers these Terms and the Order to set out the whole agreement between the Customer and the Company for the sale of the Goods and supply of the Services.
3.2 Any samples, drawings, descriptions or advertising that the Company issues, and any descriptions or illustrations contained in its catalogues or brochures, are issued or published solely to provide the Customer with an approximate idea of the Goods and Services they describe. They do not form part of the Contract between the Customer and the Company or any other Contract between the Customer and the Company for the sale of the Goods, nor for the supply of the Services.
3.3 The Goods detailed in the Contract will be manufactured and installed by the Company using such manner and materials considered suitable and pursuant to the Company’s policy of continuous improvement to its products. The Company reserves the right to make minor in respect of design, or composition of the Goods PROVIDED that such minor do not materially change or effect the appearance, quality or function of the Goods.3.4 These Terms shall become binding and a contract will come into existence between the Customer and the Company when the conditions detailed in clause 2 above are
3.5 Any quotation for the Goods and Services is not part of the Contract between the Company and the Customer and does not bind the Company to provide any goods or services.
3.6 The Company has the right to revise and amend these Terms from time to time, to reflect changes in market conditions affecting its business, changes in materials and technology, changes in paymentmethods, changes in relevant laws and regulatory requirements and changes in the Company’s system’s capabilities. The Customer will be subject to the policies and terms in force at the time that the Customer orders the Goods and Services from the Company, unless any change to those policies or these Terms is required by law or government or regulatory authority in which case it will apply to orders the Customer has previously placed that the Company has not yet fulfilled
4 Goods and Services to be provided to the Customer by the Company
4.1 Subject to the provisions of clause 8 (Delays Beyond Our Control) when the Goods are ready for installation the Company will contact the Customer to arrange an appointment for the installation.
4.2 The Company may have to suspend the Services if it has to deal with technical problems, or to make improvements to the Services and/or Goods or to remedy defects in the Goods. The Company will let the Customer know in advance where this occurs, unless the problem is urgent or an emergency.
4.3 If the Customer does not allow the Company to commence the Services and install the Goods, then, except where this failure is caused by the Company’s failure to comply with these Terms or by an event beyond the Customer’s control:
4.4.1 The Company will store the Goods until delivery takes place and may charge the Customer a reasonable sum to cover expenses and insurance.
4.4.2 The Company shall have no liability to the Customer for late delivery.
4.5 If the Customer has failed to allow the Company to commence the Services to install the Goods within 2 weeks of it notifying the Customer that it is ready to commence the installation of the Goods the balance of the purchase price for the Goods will become payable by the Customer on written demand from the Company. The Company may, after giving the Customer reasonable prior notice in writing, resell or otherwise dispose of part or all of the Goods and the Customer will be liable to the Company for any shortfall between the price obtained for the re-sale of the Goods and the price owed by the Customer pursuant to the Contract. In the event that the Goods are custom made for the Customer’s property and are not capable of resale, the Customer will be liable after the said two week period for the entire amount due under the Contract between the Customer and the Company.
5 Access to the Customer’s property
5.1 The Customer is to provide the Company with suitable access to all parts of the property required for the survey of his/her property and the installation of the Goods.The Customer will provide access to a supply of electrical power and water free of charge in order that installation can be carried out.The Company does not move any services, fixtures or fittings which are attached to the basic structure of the Customer’s property and the Customer shall remove all household fixtures and fittings before work starts to enable the Company to install the Goods. Remedial work and final surveys can only be carried out during working hours ie Monday – Friday, 9.00am -5.00pm, when access to the Customer’s Property must be made available to the Company.
6 Variations and specifications
6.1 Any variations to the Order required by the Customer must be agreed in writing by the Company subject to any extra charges that may be required as a result of such variations. Prior to agreeing such variations the Company will inform the Customer of the extra charges required but if the Company cannot reasonably accommodate the variations within the Goods and Services detailed in the Order that will not release the Customer from his/her commitments under the contract and the Customer will be liable to complete the contract based on the original terms of the Order.
6.2 Subject to the provisions of clause 4.3 (minor modifications) any variations to the Order required by the Company, including any extra charges levied as a result of such variations, must be agreed in writing by the Customer.
6.3 If foundations beyond 600mm in width and/or depth are required for installation of the Goods extra charges will apply. These charges will be notified to and agreed by the Customer prior to commencement of such works. In default of agreement on such extra costs the Company reserves the right to cancel this Contract in accordance with the provisions of clause 7.1
6.4 In relation to the of the Goods the Customer’s attention is drawn to the following:
(a) The layout of Georgian double bars and the lead layout will be at the discretion of the double glazing manufacturer unless a layout has been agreed in writing with the Customer prior to manufacture.
(b) All natural wood products used in the installation will be by our installers without any form of treatment being applied before or after installation.
(c) Transoms and Mullions (i.e. bars running horizontally and vertically within the window) will be at the Company’s standard width or height, unless stated otherwise on the Contract. Standard dimensions are measured from the outer edge of the outer frame to the centre of the mullion or transoms in windows only by vertical or horizontal planes. Widths and heights of doors refer to ‘overall width of outer frame,’ however in the case of sidelight combinations refer to ‘outer frame to centre of mullion, In cases of door and sidelight frames or frames on centre of mullions to centre of mullions, in the case of doors with 2 sidelights . Top hung sashes will have a standard drop of 400mm and side hung sashes will have a standard width of 600mm in accordance with the above conditions.
6.5 The Company will not consider any claims as a result of the Customers failure to confirm exact dimensional specifications on this Contract prior to signature.
7 Cancellation of the Order
7.1 By The Company. If during the performance of the Services the Company’s technical surveyor discovers a problem with the Customer’s property preventing the continued performance of the Services the Company may cancel the Order. In this event the Customer’s liability to the Company will be limited to payment to the Company of all costs incurred by it in performing the Services up to the date of cancellation by the Company pursuant to this clause 7.1.
7.2 By The Customer. The Customer can amend or cancel an Order and obtain a refund of any deposit paid within seven days of the formation of the contract in accordance with clause 3.4. The Customer should note that it will not be possible to amend or cancel the contract once the Company has delivered the Goods to the Customer’s property and begun installation, or where the Customer has agreed to the commencement of the Services before the end of the seven day period detailed in this clause 7.2. The Customer can also cancel the Contract if the Company fails to complete the installation of the Goods following a notice service pursuant to clause 8.4 below. To amend or cancel the contract and obtain refund of any deposit the Customer must send a letter to the Company within the seven day period, by Royal Mail recorded delivery, to the Company at its address (Budget Windows and Conservatories, 165 Clandeboye Road, Bangor, BT20 3JP).
7.3 If the Customer amends or cancels the Order, the Customer’s liability to the Company shall be limited to payment to it of all costs the Company reasonably incurs in fulfilling the Order until the Companyreceives the Customer’s amendment or cancellation, except where the amendment or cancellation results from the Company’s failure to comply with these Terms when the Customer shall have no liability to the Company for it.
8 Delays and Events outside our control
8.1 The Company will use all reasonable endeavours to complete the installation within the estimated installation period but will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these Terms that is caused by events outside its reasonable control (Force Majeure Event).
8.2 A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond the Company’s reasonable control and includes, in particular (without limitation), the following:
8.2 Strikes, lock-outs or other industrial action; or
8.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or
8.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; or
8.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or
8.2.5 Problems with the Customer’s property where the Goods and Services are to be provided which are not reasonably foreseeable following the survey by the Company, pursuant to clause 2 above;
8.2.6 any other event outside the control of the Company provided it is not reasonably foreseeable, the Company takes all reasonable steps to mitigate against the effects of the act or event the likely effect is notified to the Customer within 5 days of the occurrence of the event
8 The Company’s obligations under these Terms are suspended for the period that the Force Majeure Event continues, and it will extend the time to perform these obligations for the duration of that period. The Company will take reasonable steps to bring the Force Majeure Event to a close or find a solution by which its obligations under these Terms can be performed despite the Force Majeure Event.
8.4 Subject to clauses 8.1 and 8.2 above, if the work is not completed within the specified period stated in the contract, the Customer may serve notice on the Company, in writing, requiring that the work be completed within such reasonable period as the Customer may specify (in general the Company would accept 6 weeks as being reasonable for the entire installation). If the work is not completed within such extended period, the Customer may cancel the uncompleted work covered by the Contract without penalty to himself, by the service of a written notice to that effect upon the Company but this will not prejudice any rights of legal action either party may have against the other prior to such cancellation.
8.5 Under no circumstances will the Company accept responsibility for any claims for inconvenience which may be made by the Customer arising from the attendance by the Company at the Customer’s property or otherwise.
9 General Guarantees and warranties
9.1 The Company warrants that (subject to the other provisions of these conditions) on delivery and for a period of 12 months from the date of installation the Goods shall be of satisfactory quality within the meaning of the Sale of Goods Act 1979.
9.2 This warranty is in addition to the Customer’s legal rights in relation to Goods which are faulty or which otherwise do not conform with these Terms and Services which are not carried out with reasonable skill and care or which otherwise do not conform with these Terms. Advice about the Customer’s legal rights is available from his/her solicitor, local Citizens’ Advice Bureau or Trading Standards office
10 Specific Guarantees and Warranties
10.1 Provided full payment for the Goods and Services is made by the Customer and subject to the provisions of clauses 11 and 12 below, the following specific guarantees and warranties are given by the Company;
10.1.1 The efficiency of sealed glass within the Goods is guaranteed for 10 years from the date of completion of the installation;
10.1.2 Any PVC framing which proves defective due to faulty workmanship, faulty materials or corrosion will be replaced free of charge during the period of 10 years from the date of completion of the installation
10.1.3 Electrical and plumbing installations are guaranteed for a period of one year from the date of completion of the installation.
10.1.4 Conservatory structural base work is warranted for 10 years from the date of completion of the installation to a standard equivalent to National House Building Council (NHBC) specifications (Full details available on request).
10.1.5 Locking devices and all ironmongery carry one year’s warranty from date of completion of the installation.
11 Qualifications to Warranties and Guarantees & Claims Procedure
11.1 In so far as is possible under law, the following shall be excluded from the guarantees and warranties given by the Company:
11.1.1 Defects in the Goods or Services arising from fair wear and tear, wilful damage, accident, negligence by the Customer or any third party, or if the Customer uses the Goods in a way that the Company or the manufacturer of the Goods does not recommend, the Customer’s failure to follow the Company’s instructions, or any alteration or repair the Customer carries out without the Company’s prior written approval.
11.1.2 Defects due to the Customer’s failure to maintain and service the Goods in accordance with the manufacturer’s guidelines
11.1.3 Minor blemishes and imperfections in any glass within the Goods not covered by glass manufacturers’ guarantees and warranties.
11.1.5 Defects due to want of repair and/or defects in the Customer’s property
11.1.6 Defects caused by extreme weather conditions
None of the above provisions affect the Customer’s statutory rights.
11.2 Although double glazed units can reduce condensation on glass. There can be variations in different types of property and therefore no guarantee is given in this regard.
11.3 The coloured finish (black, brass, white, silver) of door, window handles and face plates along with knockers and letter plates carry no warranty for surface appearance whatsoever.
11.4 Cosmetic damage to conservatory base work such as minor cracking, spalling or mortar erosion to brick work, including minor internal plaster cracking/shrinkage, which does not impair the stability, structural integrity or weather-tightness, is not warranted.
11.5 Polycarbonate. Where polycarbonate is used for roofing, it is not and cannot be hermetically sealed. Firstly, the material is hydroscopic (slightly permeable to water vapour) and secondly, whilst the open cut ends are sealed and taped, water vapour is ever present. Polycarbonate manufacturers therefore offer no warranty in this respect. However, the Company offers the safeguard of the good practice of installing vapour check foil tape and breather tape to allow moisture to escape. The panels are free of cutting debris and are blown out with ionized air prior to sealing in factory conditions. A further PVC end closure with drip and vent holes is fitted, marshalling water into the gutter in an optimum manner.
11.6 Weatherproofing; owing to the nature of all round exposure to severe weather conditions, the draught proofing of conservatories cannot be fully effective. Attention is drawn to the fact that our roof victorian systems incorporate ventilation ducts to allow hot air to exit. Thus total draught proofing & noise insulation cannot be guaranteed and no liability will be accepted by the Company in this regard.
11.7 The Customer is responsible for ensuring that the supply and fitting of the Goods complies with every applicable statute, planning permission, building regulation or direction of government, local or other competent authority or person.
11.8 In order to make a claim for repair under any of the guarantees and warranties given pursuant to these Terms the Customer must give written notice to the Company as soon as reasonably practical upon becoming aware of the defect.
12. Call-out Charges & Assignment Charges
12 Call out charges are payable by the Customer in respect of each visit the Company makes to the Customer’s property to investigate or remedy a defect in the Goods if:
12.1.1 Such visit occurs after the expiry of one year after the completion of the installation of the Goods; or
12.1.2 Upon inspection of any alleged defect it becomes apparent that the defect is not in fact covered by any of the warranties or guarantees given by the Company pursuant to these Terms.
12.2 The callout rates are £60.00 plus VAT for the first hour and thereafter the Company’s hourly rate current at the time of the call-out of which the Customer will be informed.
12.3 Materials used will be free of charge unless clause 12.1 is effective. The Customer may not transfer any of his/her rights or obligations under these Terms to another person without the Company’s prior written consent, which the Company will not withhold unreasonably provided the Customer complies with the provisions of clause 12.5 below. The Company can transfer all or any of our rights and obligations under these Terms to another organisation, but this will not affect the Customer’s rights under these Terms.
12.5 Upon written request by the Customer the Company will agree to transfer the benefits of the guarantees contained in the Terms and a fee of £50.00 plus VAT per window or door or £450 plus VAT per conservatory will be required from the Customer before service inspection and subsequent transfer of guarantee is confirmed.
Any costs for replacement parts or labour to remedy any defects in the Goods prior to transfer of the guarantees will be chargeable unless covered by the guarantees themselves.
13 Title and Risk: The Goods
13.1 The Goods will be the Customer’s responsibility from the time of completion of installation.
13.2 Ownership of the Goods will only pass to the Customer when the Company has received payment in full of all sums due for the Goods and Services.
14 Limitation of liability
14.1 Subject to clause 14.2, if either the Customer or the Company fails to comply with these Terms, neither the Customer nor the Company shall be responsible for any losses suffered by the other party as a result, except for those losses which the Company or the Customer could reasonably foresee would result from the failure to comply with these Terms.
14.2 Neither the Customer nor the Company shall be responsible for losses that result from our failure to comply with these Terms including, but not limited to, losses that fall into the following categories:
14.2.1 loss of income or revenue;
14.2.2 loss of business;
14.2.3 loss of anticipated savings;
14.3 This clause does not include or limit in any way the Company’s liability for any matter for which it would be illegal or unlawful for the Company to exclude or attempt to exclude its liability.
14.4 The Company will use all reasonable endeavours to cause as little disruption and damage to the Customer’s premises as possible. However, whilst all reasonable care will be taken by the Company’s installers, the Company cannot be responsible for damage to internal or external decoration caused by the installation. Neither will the Company be responsible for removal or refitting of blinds, shades, curtains or curtain rails. The Company cannot ensure that existing blinds will refit unaltered after installation of replacement windows or doors.
14.5 The Company shall be under no liability to make good any existing damage to brickwork, plasterwork, pebble dash, rendering or any similar materials. The Company will however make every endeavour to make good damage to pebble dashing roughcasting, plasterwork and internal woodwork but excluding tiles and wallpaper, caused solely by the installation of the Goods. Such reinstatement work will be left in a condition ready for decoration.
14.6 The Company does not accept liability for structural or other defects at the property during the installation period.
14 Any claim by the Customer for compensation for damage caused by the installers for which the Company may be liable under these Terms & Conditions must be made in writing by Royal Mail recorded delivery post to reach the Company within seven days of completion or installation.Without such notification the Company will not accept liability thereafter.
14.8 The Company will accept no liability for marks on the PVC – u surfaces of the installation and/or the exterior of double glazed glass units or single glazed panes unless these are reported to the Company’s installers prior to leaving the completed installation.
15 Price and Payment
15.1 The price of the Goods and Services will be as set out in the Order and includes all allowable discounts. These prices include VAT. However, if the rate of VAT changes between the date of the Order and the date of commencement of installation, the Company will adjust the VAT payable by the Customer, unless the Customer has already paid for the Goods and Services in full before the change in the rate of VAT takes effect.
15.2 It is always possible that, despite the Company’s best efforts, some of the Goods it sells may be incorrectly priced. If the pricing error is obvious and unmistakable and could have reasonably been recognised by the Customer as a mis-pricing, the Company does not have to provide the Goods and Services to the Customer at the incorrect (lower) price.
15.3 Payment for all Goods and Services can be made by credit or debit card. Payment can also be made by cheque, banker’s draft or in cash. All cheques are to be made payable to Budget Windows & Conservatories.
15.4 The Company will issue an invoice and full settlement is due by the Customer to the Company upon completion of the installation. Failure to settle may result in interest being added at 3% per month above base rate for the time being of the Bank of England. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. The Customer must pay the Company interest together with the overdue amount.
15.5 Without limiting any other remedies or rights that the Company may have, if the Customer does not pay the Company on time, the Company may cancel or suspend our performance of the Services and any other outstanding Order until the Customer has paid the outstanding amounts.
15.6 In the case of minor defects the Customer may be entitled to withhold payment proportional to the item under contention and shall not be permitted to withhold a sum greater than such sum is reasonably related to the defect.
15.7 Installation and building charges listed in the Contract are to be paid directly by the Customer to the installers by separate payment. Please note that VAT has not been charged on installation services. This does not affect the Customer’s statutory rights and guarantees issued by the Company, which cover the complete installation.
15.8 The costs of any required statutory or other consent for the installation of the Goods are not included in the price and are the responsibility of the Customer.
16.1 All notices sent by the Customer to the Company must be sent to Budget Windows and Conservatories, 165 Clandeboye Road, Bangor, BT20 3JP. The Company may give notice to the Customer at either the e-mail or postal address the Customer provides to the Company in the Order. Notice will be deemed received and properly served 24 hours after an e-mail is sent or three days after the date of posting any letter. In proving the service of notice, it will be sufficient to prove in the case of a letter, that the letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that the e-mail was sent to the specified e-mail address of the addressee.
17 Data protection
17.1 The Company will only use the personal information the Customer provides to it to provide the Goods and Services, or to inform the Customer about similar services which the Company provides, unless the Customer tells the Company that he/she does not want to receive this information. The Company will not pass the Customer’s data to third parties, with the exception of clause 17.2.
17.2 The Customer acknowledges and agrees that the Company may pass the Customer’s details to credit reference agencies and to other Companies providing ancillary goods and services that compliment those provided by the Company.
18.1 If any Court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
18.2 If the Company fails, at any time while these Terms are in force, to insist that the Customer performs any of his/her obligations under these Terms, or if the Company does not exercise any of its rights or remedies under these Terms, that will not mean that the Company has waived such rights or remedies and will not mean that the Customer does not have to comply with those obligations. If the Company does waive a default by the Customer, that will not mean that the Company will automatically waive any subsequent default by the Customer. No waiver by the Company of any of these Terms shall be effective unless the Company expressly says that it is a waiver and the Company tells the Customer so in writing.
18.3 A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
18.4 These Terms shall be governed by Northern Irish law and both the Customer and the Company agree to the non-exclusive jurisdiction of the Courts of Northern Ireland.