TERMS & CONDITIONS (the "Terms")

These Terms contain exclusions and limitations on the Company's liability including (but without limitation) in the following clauses: 2,7,8,9,10,11 and 14. All conditions, warranties, representations and undertakings (whether express or implied, statutory or otherwise) are, to the fullest extent permitted by law, excluded. Notwithstanding the foregoing, nothing in these Terms shall operate or purport to operate to affect the statutory rights of the Purchaser where it is a consumer within the meaning of Regulation 3(1) of the Unfair Terms in Consumer Contracts Regulations 1999 or Regulation 2 of the Sale and Supply of Goods to Consumers Regulations 2002 or deals as a consumer within the meaning of section 12 of the Unfair Contract Terms Act 1977 and nothing in these Terms excludes or limits or purports to exclude or limit the Company's liability for any matter which it would be illegal or unlawful for the Company to exclude or attempt to exclude its liability (including but without limitation for fraudulent misrepresentation or death or personal injury caused by the Company's negligence) and the following clauses in the Terms shall be read subject to this paragraph.

1. The order overleaf constitutes an offer by the Purchaser to purchase the goods/services stated overleaf from the Company subject to these Terms and no order shall be accepted until the Company gives notice of acceptance of such offer or otherwise commences work on such order. The order overleaf and these Terms shall be the "Contract". Only work specified in the Details overleaf will be carried out.

2. Unless expressly excluded in writing by the Company, these Terms shall be deemed to be incorporated into each contract between the Purchaser and the Company for the supply of goods/services and shall take precedence over any terms the Purchaser may seek to impose. No servant, agent or sub-contractor of the Company (save for duly appointed directors) has authority to waive, vary or otherwise alter these Terms and the Company shall be under no liability whatsoever arising from representations made by an employee, agent or sub-contractor of the Company unless they are confirmed in writing by a director of the Company.

3. The Purchaser shall grant the Company’s employees, sub-contractors and agents access to its premises at reasonable times for the purpose of taking measurements and of carrying out the work agreed pursuant to the Contract.

4. Unless otherwise expressly stated, the contract price is exclusive of VAT which shall be payable in addition. The installments referred to overleaf shall be due and must be paid by the Purchaser in cleared funds on the dates specified overleaf. Any balance shall be due upon the Company confirming that the work is complete and shall be by way of cheque or money order, payable to the Company and crossed “Account Payee Only”. If it does not state overleaf when the contract price is due, all sums shall be due and payable within 7 days of the date of the Company's invoice. If payment is not received on the due date, interest will be charged on all outstanding balances at the rate of 4% above the base rate of National Westminster Bank plc on a day to day basis from the due date for payment until all outstanding balances are cleared. Accrued interest shall be compounded monthly. Receipts will first be credited to payment of interest.

5. Ownership of any goods supplied by the Company shall not pass to the Purchaser until the Company has received in full all sums due to it in respect of such goods and all other sums which are or which become due to the Company from the Purchaser on any account. Notwithstanding the foregoing, the goods shall be at the risk of the Purchaser from the date of their delivery to the Purchaser. If the Purchaser sells or otherwise disposes of such goods (or such other goods or property as incorporate the goods) before he has paid all sums due to the Company, then the Purchaser shall hold any monies he receives in respect of such goods as the Company’s trustee and in a separate account and shall apply the sum in discharge of the debt due from the Purchaser to the Company. The Purchaser grants the Company an irrevocable licence to enter the Purchaser's premises where any goods belonging to the Company are or may be stored in order to inspect them or to recover them (for example, where the Purchaser has not paid any sum due to the Company or the Company has any reason to believe that the Purchaser will not pay any sum due to the Company).

6. Representatives’ samples are used to demonstrate a typical window and its composition. Window(s) and door(s) shown in the Details overleaf will be measured and manufactured in the way considered suitable by the Company and the right is reserved for modification.

7. Goods delivered by the Company shall be deemed to be accepted by the Purchaser within 7 days of delivery or installation (as appropriate). The Company shall not be liable for any claim for any loss, injury, damage, cost or expense howsoever incurred arising directly or indirectly from any alleged defects unless the Purchaser gives written notice of the defect to the Company within seven days of discovering (or from when it ought to have discovered) the defect. If such defect is accepted by the Company, it may, at its sole discretion, repair or replace the goods free of charge or credit the account of the Purchaser at a pro rata rate (and the Company shall have no further liability in respect of such defect). Subject to the above, materials supplied by the Company (excluding brassware) and the Company's workmanship are guaranteed for ten years from the date of installation (provided that this guarantee will be ineffective until such time as all sums due to the Company by the Purchaser have been paid in full). The Company shall have no liability pursuant to the guarantee where: (i) the defect constitutes fair wear and tear, (ii) the goods have suffered willful damage, misuse or negligence which is not attributable to the Company, (iii) the defect arises because the Purchaser failed to follow the Company's oral or written instructions as to the use or maintenance of the goods, (iv) the damage arises due to a factor outside the reasonable control of the Company, (v) the Purchaser alters or repairs the goods without the written consent of the Company and (vi) the defect arises or is connected with any design, specification or request of the Purchaser or any materials supplied by the Purchaser.

8. The Company's total liability in contract, tort or otherwise in connection with the Contract and/or these Terms shall be limited to the price paid by the Purchaser pursuant to the Contract. The Company shall not be liable to the Purchaser for (i) any economic loss, loss of profit, loss of business, depletion of goodwill or otherwise, howsoever caused and in each case whether direct, indirect or consequential, and/or (ii) any other loss, claim, cost, expense or damage which arise out of or in connection with the Contract and/or these Terms except as expressly provided in these Terms.

9. The Company will make good any damage directly caused by the Company in the course of installation to plaster, floor rendering or brickwork immediately surrounding any window or door installed. Subject to the foregoing, the Company shall not be liable for any damage resulting from structural or other defects in the property at which the installation is done. Without prejudice to the foregoing, any claim by the Purchaser for compensation for damage caused by the Company must be made in accordance with clause 7 above.

10. The Company is not responsible for any delay in installation or defects caused by accidents, floods, fires, strikes, lock-outs, storage of materials or other causes beyond the Company’s reasonable control (provided that the Company shall commence installation as soon as reasonably practicable following cessation of the relevant intervening event). Whilst the Company will make every effort to comply with any agreed delivery times or programmes, no liability shall rest upon the Company in respect of any penalty or other charge howsoever arising because of non availability of labour or materials and/or delay in delivery of materials by suppliers or sub-contractors to the Company.

11. The Purchaser must satisfy himself as to the suitability of the glass before installation. Glass may contain imperfections due to the way it is manufactured. No liability shall rest with the Company for any minor imperfections in the glass. No representation, guarantee or warranty is made or given that the installation will reduce, eliminate or be free of condensation.

12. The Purchaser accepts the number of units stated in the Contract which will be installed by the Company as soon as reasonably practicable. Installation dates and delivery times are estimates only.

13. The Purchaser has 7 days from the date of the Contract to cancel it without penalty (any cancellation letter to be sent by recorded delivery). Costs in respect of cancellation by the Purchaser beyond 7 days shall be as follows –

• Before survey   -   20% of contract value
• Following survey   -  25% of contract value
• Following production  -  90% of contract value

14. The Company may at any time cancel or suspend the Contract without any liability for any loss, costs, damages, charges or expenses howsoever arising caused by or resulting from such cancellation or suspension (including where the Purchaser does not pay any sum due to the Company and/or the Company has any reason to believe that the Purchaser will not or is unlikely to be able to pay any sum due to the Company) and each order by the Purchaser is accepted subject to technical survey and viability. If an order is (or becomes) unviable, then the Company reserves the right to increase the contract price or cancel the Contract.

15. Following payment in full on completion, your legal certificate of compliance will be sent by FENSA and registered with the Local Authority, for reference should you wish to sell the property at any time.

16. These Terms constitute the entire agreement and understanding of the Company and the Purchaser in respect of their subject matter and supersede and extinguish any previous agreement in relation to their subject matter.

17. If any provision (or part of a provision) of these Terms is found to be illegal, invalid or unenforceable, the illegality, invalidity or unenforceability shall not affect the other provisions or the rest of the provision (as the case may be) of the Terms, which shall remain in full force and effect. If any provision (or part of a provision) shall be found to be illegal, invalid or unenforceable but would be legal, valid or enforceable if some part of it were deleted or modified, it shall apply with such deletions and/or modifications (as the case may be) as may be necessary to make it legal, valid and enforceable.

18. Unless otherwise agreed with the Purchaser, the Company shall not be responsible for obtaining any permissions or consents required to carry out the works pursuant to the Contract and the Purchaser shall be responsible (at its own cost and expense) for obtaining/complying with any such permissions or consents.