1. The contract
- a All the terms of the contract are contained in this document. If you want to change these terms or add any extra terms, you should ask for written confirmation of any changes from one of our directors.
- b The Company reserves the right to cancel any order if, upon receipt of a report from its surveyor, the installation is deemed unsatisfactory to the Company.
- c We will write and tell you about any cancellation within fourteen days of us receiving the report from our surveyor.
- e We reserve the right to change the price in the event of a manifestly obvious error.
- By law (Consumer Protection Regulations 1987) you have the right to cancel this contract (by giving us written notice within fourteen days of you signing the contract) if you signed the contract away from our business premises.
- You do not have the right to cancel this contract if you signed the contract at our business premises or if we have sent you a quotation and you then contact us.
- Any notice of cancellation given by you under 2a above after fourteen days of you signing this contract will not be valid for the purposes of cancelling the contract under this clause.
- We recommend that you send any notice of cancellation by email or recorded-delivery post.
- If you cancel the contract under this clause, you will receive a refund of any money you have paid under the contract. We will then have no further liability to you.
5. Specifications and services
- You are responsible for giving us all specifications and other information and for making sure they are accurate. You must also give us the specifications and information in enough time so we can carry out our side of the contract.
- We use demonstration products to show how a typical product works and what it is made of. The goods shown in the schedule will, as far as possible, be the same in appearance and operation as the demonstration products.
- We may change the specification of the goods or services (including substituting parts or materials):
- To ensure we conform to safety or legal requirements; or
- the goods are to be supplied to your specification and a special part ordered by you is not available in enough quantities or within enough time or only available at an extra cost, as long as they do not considerably affect quality or performance; or
- in line with our policy of continuous development in the standard of products, we reasonably believe that substituting the agreed parts or materials with replacement parts or materials will improve the quality or performance of the goods or that the replacement parts are of a superior quality.
6. Price and payment
- The price of the goods and services will be the quoted price as shown in the schedule (including VAT) and will be valid for ninety days, after this time a new quotation will be required.
- All payments are to be made by cheque, cash, credit/debit card or bank transfer. All draft or money orders shall be made payable to UPVC Surgeon
- Subjecttoterms 6c, if you fail to pay us on the due date, we will been titled to charge you interest daily on the amount you have not paid at the rate of 3% above the Bank of England base rate. We will charge interest until payment in full is received, if this exceeds fourteen days additional charges; to cover admin, may apply. Any additional costs incurred in recovering the outstanding monies will be liable for payment by you.
- In the event that a cheque is returned by the bank unpaid you will incur an administration charge of £15.00.
- We will tell you the proposed installation date following final survey.
- We will let you know if we have difficulties in carrying out any building work or installation that our surveyor could not have expected (using reasonable care and skill in carrying out the survey of your property) and which increase the cost of us carrying out the work for you. We will confirm these difficulties to you in writing. We will also tell you the cost of overcoming these difficulties. We will be entitled to increase the price of carrying out the work by the amount it costs to sort out any difficulties. However, if we increase the price by more than 2.5%, you may cancel the contract. If you want to cancel the contract, you must confirm this in writing within fourteen days of you receiving our notice telling you about the price increase. We will remind you of your right to cancel the contract when we tell you about the price increase. If you cancel the contract according to this clause then we will be entitled to be paid for the work we have carried out up to the date of your cancellation.
- If, after we have carried out a survey, you refuse to go ahead with the installation, we will be entitled to treat this contract as cancelled. If we have not yet made the goods, you must pay an amount equal to 25% of the value of the contract (after VAT). If we have made the goods, you must pay an amount equal to 75% of the value of the contract (after VAT), together with our reasonable expenses.
- If we are unable to keep the installation date or we run over Polar Bear Windows Ltd will not be held responsible for any loss of earnings.
- Although we will try our best to avoid any damage to decoration, If damage does occur Polar Bear Windows Ltd will not be held responsible unless we have been negligent.
8. Preparing for the installation
- You are responsible at your own cost for the following.
- You must make sure that you keep to all laws, orders, council or local government regulations or directions which relate to any authority or permission which you need for the installation. This means you must get all licences and permission necessary for the installation.
- You must remove all ornaments and fixtures such as curtains, pelmets, blinds and any other articles of furniture on or adjacent to the window/door areas before the installation and replace them afterwards. Alarm sensors must be removed as no responsibility will be accepted for damage to same.
- You must remove or re-site any gas, electrical, plumbing, security alarm, phone installations, television aerials or any similar installations and connections if this is necessary. The Company will not accept responsibility for any damage caused during installation.
- You must make sure our workmen or agents have access to the premises at any reasonable time to allow them to carry out any work they need for the installation to be completed. You must also ensure that you are available to inspect the works, sign our Customer Satisfaction Note and make payment at the time that the works are completed. If it is not possible for you to be available, you must contact our offices 48 hours prior to your installation date to agree alternative arrangements.
- You must make sure that you do not allow anyone else to do anything which would make the premises an unfit or unsafe working environment for our workmen or agents- In particular, you must make sure all pets are secure.
- You must take reasonable care of your safety and the safety of other people on the premises while we provide the services.
- If you do not keep to your obligations in this clause, we will be entitled to carry them out for you and charge you any expenses we reasonably have to pay as a result. We can do this as well as using any other rights and remedies we have. However, we do not have to do this.
9. Risk and legal rights
- You will be responsible for any loss or damage to the goods from the installation date. However, you will not own the goods until we have received your payment and any other amounts you owe.
- Until you own the goods you must hold them for our benefit according to our instructions.
- If we have to pay costs to enforce our rights against you, we will aim to recover those costs from you.
- The amount we charge you assumes that you do not use your home for business purposes. Forthisreasonifyourunabusinessfromyourhome,wecannotacceptresponsibilityforany loss of profits that you may suffer as a result of us or you breaking this contract.
- Our Guarantees:
1 year guarantee on all sealed units
1 year guarantee on all moving parts
1 year guarantee on all wood grain finish
- 1 year guarantee on the installation
- Sometimes, our engineer may be delayed because of circumstances beyond their control and we will not be liable to you for any delay. We will make every reasonable effort to tell you if our workmen have been delayed and when they are likely to arrive.
12. General information
- We will be entitled to carry out any of our obligations or rights through any other company which is our holding or subsidiary company. However, apart from this you and we cannot transfer this contract to any other person without both of us agreeing in writing.
- If you break the contract and we decide not to take action in this instance, it will not affect our right to take action in the future.
- If any of these conditions is held to be invalid or unenforceable, it will not affect the other conditions.
- Any notice must be delivered by hand or sent by first-class post or recorded delivery. If sent by post it will be assumed to be received two business days after posting. We strongly recommend that you send any notices to us by recorded delivery. If sent by hand or recorded-delivery post, to prove whether a notice has been delivered, you or we must produce a signed receipt. If sent by post you or we must prove that the communication was in an envelope which was properly addressed, stamped and posted.
- Your address will be the installation address shown in the schedule.
- e This contract does not create any right which can be enforced by any person other than you or us except for rights under our 10-year guarantee that are validly transferred under clause 10b and may be enforced by the person to whom the guarantee is transferred.
- This contract will be governed by English law. If there is a dispute, it will be dealt with in the English courts.
- Unfortunately we have to use abbreviations and product codes. If you are not sure what they mean, please ask the salesman or surveyor.
- We cannot guarantee that you can eliminate condensation by installing the goods. Double glazing is designed to reduce heat loss. Fitting double glazing products will not prevent condensation. This depends on the environment within your home.
- By law the glass we use must meet building regulations. From April 2002 the glass we use in your windows and doors (where the glass area is more than 50% of the overall size of the frame) will have a slightly different appearance to ordinary annealed or laminated glass. You may notice a slight difference between the colour of the glass in your new windows and doors and the colour of the glass in your existing windows and doors.
- All leaded and Georgian-effect products may have slight variations and we cannot guarantee to completely match patterns next to windows or door areas as the patterns are set out and spaced according to general trade practice.
- If you ask us to do investigative work to see if the installation is suitable for your property you should realise that to carry out investigative work there is the risk of damage to your property. We cannot be liable for consequences or making good the area we have investigated. However, we will use reasonable care and skill when carrying out the investigative work.
14. Complaints Procedure
If you have a complaint we want to know as soon as possible to help us to put things right promptly.
Contact our Offices with your details and a description of your problem.
We are here for you from 9am to 5pm Monday-Friday and 9am to 1pm Saturday.
Call us on 01173215545
or email us firstname.lastname@example.org
or write to us at UPVC SURGEON, Customer Services, Jarretts Garden Centre, The Park, Willsbridge, Bristol BS30 6EE.
However you contact us, we will :
– Let you know we have received your query
– Tell you who will be responsible for investigating along with their contact details
– Endeavour to return phone calls and emails within one working day
– Do everything we can to resolve things as quickly as possible
– Do what we can to attend within fourteen days if a visit to your property is needed
– Keep you regularly informed of progress throughout.