Terms of Sale
Terms and conditions of Contract
A. The meaning of some words used in these terms and conditions
'we', 'us' or our' is a reference to Grabex Windows Limited; 'you' or 'your' is a reference to the person to whom we are providing our Services or supplying Goods; 'Goods' means the goods we shall buy for you and which you will pay for; 'Materials' means any materials, goods, parts or items we need to buy necessarily in order to perform the Services but does not include the Goods we will be purchasing for you; 'Premises' means the place where we will provide the Services as set out overleaf; and 'Services' means the installation at the Premises of windows, doors or other products specified overleaf;
B. Entering into a legally binding contract
1. A contract between you and us will come into being in one of two ways: 1.1 When you sign the order form overleaf we and you will enter into a legally binding contract on the date you sign and pay a deposit. Only those two together form a complete order.1.2 Where you and we agree orally that we should provide the Services and/or the Goods then there will be a legally binding contract on the date of our oral agreement providing that we also confirm that in writing (email/letter).2. No variation or alteration to the terms of the contract shall be effective or binding unless the same is agreed in writing and signed by a Director of our company. 3. We suggest that before you sign the order form or orally agree to us providing Services and Goods you read through these terms and conditions. If you have any questions concerning them, please ask us. 4. You should keep a copy of these terms and conditions for your records. 5. You must discuss all options and prices available to you with your assigned estimator before signing a legally binding contract. Any significant changes that will affect the final price of the contract will require an amendment to your contract. Each amendment will be charged 75+VAT minimum charge. Amendments might cause delays in processing of your order. You must sign each amendment before we proceed to manufacture. 6. If a contract is for supply only, you shall provide us with correct measurements and the exact specifications required for each window/door/roof/glass unit included in the contract taking into account current Building Regulations. We shall then manufacture them according to the details provided by you and we will not be responsible for any subsequent defects in your installation. Each window and door comes with an external cill included in the total height of the unit unless stated otherwise in the contract. Trickle vents are not included unless specified. You will require them especially in case of new build or extension developments. 7. If a contract is for supply only, you shall inform the assigned estimator about any finishing products (i.e. architraves, screws, trims, silicon) you require and they shall be included in your order. Otherwise no sealants or fixings are included in this contract. 8. Anticipated lead time is subject to: - all details being confirmed on the survey, - our suppliers’ delivery time, - any further confirmation or changes signed by you. Please note: lead time is only approximate and excludes public holiday and Christmas season shut down. First date of your installation/delivery is only provisional. We reserve right to change this date up to 24 h before our appointment.
C. The Survey
1. We will try to carry out the final survey as soon as possible and hopefully within three weeks of the date of the contract. Please understand, however, that this period is not a condition of the contract between us. If you allow us to carry out a survey within the cooling off period we will accept your confirmation as an express consent and it will become nonrefundable. 2. When we carry out the survey at the Premises, our surveyor may find existing defects that will have to be remedied before we can carry out the contract. This may affect the cost you will have to pay and if this is the case, either you or we have the option to cancel the contract or sign the amendment form. 3. If we are able to carry out the preparatory work ourselves, we will quote for doing so. If you are not prepared to pay our price for the remedial work, you may have it carried out by someone else before you proceed with your contract with us. 4. Strictly one final survey is included in the contract and therefore free of charge, or different if specified in the contract. Any additional surveys cost minimum £150+VAT, depending on location and number of units to be measured. 5. Customer signing this contract must be present during the final survey to provide us with required details; otherwise we reserve the right to leave the premises without taking any measurements and apply charges for consecutive surveys. Site, openings must be ready for our site survey. 6. Following any survey which reveals significant unforeseen additional work being required at an extra cost to you or your property being unsafe or unsuitable for the work to be carried out, or if work would not comply with Building Regulations, both you or we have the right to cancel the contract. 7. Any changes to this contract confirmed during a survey and signed on the survey sheet or approved via email deemed to be final data for our production team.
D. The Installation
1. Once we and you have entered into a legally binding contract we will provide an anticipated start date for the installation at the Premises. Please note that the delivery/installation date provided at point of order is an anticipated date based upon the size and nature of the order and should not be deemed a definite delivery/installation date. All delivery lead times are from the date we receive a signed off order. Any changes to signed off orders will delay the dates quoted. Should we become aware of any potential delay in the supply of your order we will advise you in writing at the earliest opportunity. On this basis, if the order is for supply only, we do not advise that you schedule any installation until goods are delivered and checked by you. 2. If you wish to split installation into stages please note that we require full balance payment on completion of stage 1 and prior to stage 2. Alternatively, we can prepare price breakdown for extra charge of 50+VAT which will dictate the cost of each stage. 3. You will allow installation to commence within the estimated installation period. If within 6 weeks of the end of the estimated installation period, you are unable to accept an appointment for installation, 90% of the purchase price is then payable and installation or delivery will follow as soon as is reasonably practicable by agreement between us. Please note that after six weeks £20/day storage fees apply. If you will not be ready to accept following stages of installation within further 3 weeks from scheduled dates, we reserve the right to collect payment that will be equivalent to all goods manufactured, services provided and storage fees applied to that date. After 6 months from the signed contract we reserve a right to cancel this contract if unable to fully install or deliver your order. 4. In the event that we are unable to start your contract by the anticipated installation start date (unless caused by circumstances beyond our control) you will be entitled to require us to start within a further six weeks. We will let you know about delays as soon as we are aware of it - ideally first over the phone and then in writing. 5. In the unlikely event that we are not able to provide the installation after the further six-week period from the initial installation date, we will provide a total refund to you provided this delay has been caused by us. 6. During installation you will provide us with free and uninterrupted access to the Premises to enable us to carry out our detailed survey, installation and maintenance. If your installation is in restricted area (e.g. resident parking only) you are required to provide us with relevant permit to park with convenient and close access to installation site. We have the right to refuse installation if that is not arranged. You might be charged additional cost of parking if we are to cover ‘Pay and Display’ charges. This will be added to your final balance as a £50+VAT daily parking charge for our team. 7. You will take full responsibility for the safety of all persons, and in particular children and animals, resident at the Premises. 8. You will obtain all necessary consents, permissions and approvals (including but not limited to Freeholder’s/Managing Agent’s consent/LA Planning approvals, where applicable) before we start manufacturing goods and performing the Services. 9. We finish installation applying filler, sand and cement where necessary and with plastic architraves around windows/doors. We don’t plaster, paint or decorate walls and surroundings. Any other finish not specified clearly on the contract, including aluminium and/or timber architraves, will be chargeable. You should discuss all finish options with your estimator before signing the document. If finish is not specified in the contract, we will only install so called ‘first fix’ using expanding foam and we assume third party will perform further finish works. 10. In the event that you/your builder will not prepare the site for us to be ready for installation or if you attempt to cancel the installation without 48 hours’ notice - we will charge you attendance fee of 150£+VAT and agree for another date for installation. We don’t accept cancellations on Saturdays and Sundays as then our booking office is closed. If only part of the site is ready for us we will carry out services where possible and you have to allow us to return on site within 14 days. If this then we will send you storage fees being 20£/day. 11. In your own interest - please inspect the installation site when finished and let us know in writing about any snagging list within 24hours after each stage of our installation. We assume you inspected and checked that no parts are missing and service has been completed up to your expectations if nothing is reported within that time. 12. Please note that usually it is necessary to carry out finishing service visits after the installation therefore further arrangements for appointments must be done by our office. We reserve the right not to be limited to contracted/booked time as there are always exceptional circumstances possible to occur. We will try our best to accommodate such instances in our schedule as early as possible. 13. If a third party is involved in building works at the property during our installation, we will not take a responsibility for any damage, maintenance or cleaning of our products if not reported within 24 hours from the installation of each stage. 14. We can only estimate how many days will be needed for an installation. Due to any unforeseen circumstances on site we might extend or reduce number of days to complete all works. 15. We reserve a right to retain keys to installed windows/doors if customer is not present at the completion of installation. 16. Our installers might work outside standard business hours depending on progress of works, weather and conditions on site.
F. Standard of Work
1. Our aim is to always provide you with the Goods and Services: 1.1 Installed in accordance with the relevant Building Regulations and British standards. 1.2 In compliance with GGF(The Glass and Glazing Federation) standards, GGF Code of Good Practice, commonly accepted good practices and standards in window and door installation.
1. The ‘deposit’ payment shall be paid upon placing of this order. Cleared payment of the final balance of the total price will be due from you 48 hours prior to the installation start date. In case of installation split into stages and final payment agreed in contract to be split into instalment payments linked to the installation stages, the full balance of each instalment will be due 48h prior to the start of the installation stage. We reserve the right to cancel the installation if this payment is not made prior to our fitting team’s arrival to the site address. Each fitting stage should be clearly described in the contract overleaf. The balance is to be paid to us on delivery of products for ‘supply only’ orders. 2. We will retain ownership of any Goods until you have paid for them (whether or not the Goods are delivered or have been subject to the Services we are to perform concerning them). 3. If you fail to make payment by the date or time we and you agree we may: 3.1 Charge you interest at NatWest base rate plus 3% on any outstanding amounts if those outstanding amounts remain unpaid for more than 14 days from the date of installation or delivery; and/or 3.2 If order remains unpaid for more than 28 days from the installation/ delivery we reserve a right to forward this order to a debt collecting company and their fees will be added to an unpaid balance forming a higher total debt amount; 3.3 If the amount not paid represents more than the value of the services which we have not yet performed, then we may suspend performing the remaining services until you make a payment. You can retain the value of the outstanding service which we will agree with you in writing. 4. You will not refuse to pay any amount owing to us where there is only a minor or inconsequential defect or error in the performance of the Services. You will be entitled only to refuse to pay no more than a proportionate amount of any amount due. 5. The contract price does not include the cost of repair or replacement of any defective timber found during the course of carrying out the Services or the repair or otherwise of any structural defects, unless such work is specified in the schedule of additional detail in the contract. Any such work found to be necessary will be paid for additionally by you immediately upon completion. 6. Where new timber has been specified in the schedule the price does not include any treatment, unless specified in the contract.
H. Situations or events outside our reasonable control
1. There are certain situations or events which occur which are not within our reasonable control (some examples are given in the next numbered paragraph). Where one of these occurs we will normally attempt to recommence performing the Services as soon as the situation which has stopped us performing the Services has been resolved. In such circumstances there may be a delay before we can start or continue performing the Services. 2. The following are examples or events or situations which are not within our reasonable control: 2.1 Where weather conditions make it impossible or unsafe for us to perform any of the Services; 2.2 If the Materials or Goods are not delivered on the date or at the time agreed with the supplier of the Materials and/or Goods (and it is not possible to obtain a replacement from an alternative supplier at all or within a reasonable amount of time, or the price charged by the alternative supplier is excessively higher than by the original supplier if ordered at short notice); 2.3 Where you make a change in the Services you wish us to perform (and this results in, for example, us having to do further work or wait for new or different Materials and/or Goods); 2.4 Where we have to wait for other providers of services (who have been engaged by you) to complete their work before we 2.5 Where we are unable to gain access to the Premises to carry out the Services at the times and dates we have agreed with you; 2.6 Where the areas in the Premises have not been readied by you as we and you have agreed in order for us to perform the Services; 2.7 For some other unforeseen or unavoidable event or situation which is beyond our control.
I. Guarantees and Warranties
1. Guarantee documents relevant to your particular product will be issued upon completion of the order provided that all outstanding monies due to us are paid in full and you signed a satisfaction note on completion of the installation. Please refer back to us for different material products guarantee (Aluminium/Timber/UPVC). All supply only orders are covered by a one year guarantee. If product is modified or altered in any way guarantee becomes invalid. Terms and Conditions of guarantees apply. 2. All other products/components supplied by third parties are covered by Manufacturers’ guarantees. 3. We will use only good glass manufactured to, and in accordance with standards in window and door industry. 5. Any defect in the glass area will be examined and inspected in accordance with common double glazing standards(as per GGF guidance) and within supplier’s guidance. 6. Despite the fact that your statutory rights remain unaffected, this guarantee does not extend to: 6.1 Minor imperfections within the glass and outside the scope of the visual quality standards of the supplier; 6.2 Damage due to misuse, neglect or lack of maintenance by you, wear and tear on ancillary products used for finishing such as cement/mortar/silicone/architraves or from causes beyond our control, (for example fire, flooding, civil disturbance, criminal damage or acts of war); 6.3 Specialist items installed, for example electrical ventilators, batteries etc, where the manufacturer’s normal guarantee will apply; 6.4 Any work(s) carried out by others associated with this installation or to those parts of this installation affected by work(s) by others, other than work(s) carried out by this company or its employees and sub-contractors; 6.5 Internal condensation caused by excess moisture in the domestic environment, nor external condensation which can occur in certain climatic conditions in spring or autumn. 7. Guarantee documents will only be issued to the person/company who signs the contract with us. Any alteration to warranties will be chargeable at 150+VAT fee after specific procedure is followed: - existing customer contact us in writing to request a change of details or gives authorization to new owner of the property to get their details inserted at the point of property being sold. Warranty rights do not transfer AUTOMATICALLY to the new owner. If procedure is not followed when property is transferred into new hands warranty is invalid. 8. Due to data protection policy we cannot discuss or disclose any details of the order with third parties, we are only able to speak to contract account holder (person who signed the contract). All aftercare service visits will be carried out only at the request of contracted person or permission in writing needs to be given to authorize someone else so we can deal with non-account holder. We are not responsible for emergency service calls visits and do not cover the cost of third parties called to attend to do such services. Any alterations done on our products by third parties will invalidate warranty.
J. Cancellation by you
1. Once we and you enter into a binding contract you will normally not be able to cancel the contract, except where we agree or as otherwise provided for in this contract. 2. You may cancel the contract without penalty during the cooling off period, which shall run for seven days from midnight on the day on which the contract was signed or otherwise entered into by you (excluding Sundays or Bank Holidays) where contracts are negotiated away from business premises and by an unsolicited visit. Any such cancellations must be by written notice to us, and may be affected by sending to us the Cancellation Form provided. 2.1. If you allow us to carry out a survey or any other services within the cooling off period, we will accept your confirmation as an express consent and we will not refund the cost of survey (minimum charge of £150+VAT) or other service from money you already paid us. 3. After seven days and up to 14 days after signing the contract, 15% of the contract price will be charged as a cancellation fee. 4 If we agree to cancel the contract after 14 days, then you will be responsible for the cost of: 4.1 Any of our time in performing the Services up to the date we stop providing the Services; We reserve the right to apply administrative weekly charges of £20+VAT. 4.2 Any Materials we are contractually committed to buying up to the date of termination (whether or not we need to pay for them before or after the date the contract between us and you is cancelled). Any Materials we have purchased (but not used in performing the Services) will be delivered to you. 4.3 In the circumstances stated in clause 4.2 we will first deduct the amounts for which you are responsible from any deposit you have paid. Any remaining deposit will be returned to you. If the amount owing is greater than the deposit, we will invoice you for the amount in excess of the deposit. 5. If you: purport to cancel the contract, or give notice purporting to cancel, or otherwise do not fulfil your obligations (such as by not paying any sums due to be paid to us) in a way which amounts to you cancelling the contract, we do not have to accept your cancellation except as provided in clause 2 or as otherwise provided for in this contract. However, we may choose to accept cancellation, and if we choose to do so you will be required to pay to us a reasonable amount for the losses and costs (including loss of profit) we have suffered. If you have paid a deposit, this will be retained and if our reasonable losses and costs (including loss of profit) are greater than the deposit we have retained we will require you to pay for our losses and costs in excess of the deposit retained. 6. Value of this order is a subject to current materials and components cost. If you wish to resume your project after cancellation by you or by Grabex, we cannot guarantee to keep same prices in the future.
K. Contracts (Rights of Third Parties) Act 1999
For the purposes of the Contracts (Rights of Third Parties) Act 1999 this contract is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.
L. Complaints Policy
Grabex Windows is committed to providing the highest quality window and/or door installation service to all our customers. When something goes wrong, we need you to tell us about it. This will help us to improve our standards of service. If you have a complaint of any kind, please contact us with the details ideally in writing. We will send you a confirmation acknowledging receipt of your complaint within seven days of receiving it, enclosing a copy of this Complaints Procedure Document. We will then investigate your complaint. This will normally involve passing your complaint to our CUSTOMER CARE MANAGER, who will review your complaint and speak to the team that worked on your installation. We will then arrange a visit to your home - or the premises where the installation was undertaken, if different to your home - to discuss and hopefully resolve your complaint. We will do this within 14 days of sending you the acknowledgement letter. Within five days of the visit, we will write to you to confirm what took place and any solutions that were agreed with you. If you do not want this home visit, or it is not possible, we will send you a detailed written reply to your complaint, including suggestions for resolving the matter, within 21 days of sending you the acknowledgement. A complaint will be considered ‘closed’ if you write to accept the findings of our response or fail to respond within 14 days of receiving the communications from Grabex Windows detailed in points above. Please Note: Where a complaint is received and dealt with by the close of business following the day of receipt of the complaint the above procedures do not need to be followed. However, a record will be made and kept of the complaint and its resolution. If we cannot resolve your complaint and you feel unsatisfied from our response you are able to contact Glass and Glazing Federation Conciliation Scheme and approach their Conciliation Manager. This service is free of charge and you can contact them by emailing firstname.lastname@example.org . If GGF cannot resolve the complaint within 56 calendar days then low-cost Alternative Dispute Resolution is available via TGAS.