WINDOW SUPPLY DIRECT LTD

TERMS & CONDITIONS

INTRODUCTION

The terms and conditions contained in this document govern the usage of the website and domain name www.windowsupplydirectltd.co.uk which is owned by Window Supply Direct Ltd. The terms and conditions are updated on a regular basis and we reserve the right to do this as and when it is needed. By visiting and using our website you agree to the terms and conditions contained in this document. If you do not wish to be bound by these terms and conditions please do not use our website and service.

INTELLECTURAL PROPERTY

Subject to our affiliated third parties information all content contained on the website www.windowsupplydirectltd.co.uk is owned by Window Supply Direct Ltd. All material displayed on our website is protected by UK and international intellectual property laws.

You must not duplicate/replicate images, text and any other information contained within this website.

CONDITIONS OF SALE

1) In these Conditions of Sale ‘the Company’ means Window Supply Direct Ltd and ‘the Customer’ means the person, firm or company with whom the Company contracts.

2) These Conditions of Sale apply to and govern any contract between the Company and the Customer to the exclusion of any other conditions contained on, or in any letter order form, receipt or similar document emanating from the Customer. No variation of these Conditions of Sale shall be effective unless expressly agreed by the Company in writing.

3) a. All quotations are for Information only and are not to be considered as an offer by the Company. An order by a Customer shall not constitute a contract between him and the Company unless the goods have been purchased in full from the payment system installed on the website, and until it has been accepted by the Company.
b. Acceptance by the Company of any order shall be on the basis that goods will be invoiced at the prices contained in the Company’s price list current at the date of dispatch unless otherwise agreed in writing by the Company.

4) a. Except where otherwise stated in the contract or in the Company’s current price lists all prices include the cost of packaging and delivery (but not installation). The Company reserves the right to make additional charges if the Customer requires a method of packaging or delivery different to that normally employed by the Company.
b. The Customer shall in addition to the net purchase price pay to the Company the amount of any Value Added Tax or other sales tax at the rate in force at the time the goods are invoiced.

PAYMENT

5) Payment in full must be made before any order is processed. Payment must be done through our payment system operated on the website. Once an order has been paid in full, the customer will receive an email stating delivery dates.
a. In the event of the Customer postponing delivery or cancelling orders for products the Company has ordered from its suppliers specifically for the Customer, or failing to give the Company sufficient information to enable it to process any order the Customer shall pay any costs or additional costs and expenses thereby incurred by the Company.
b. If deposits are paid by the Customer for products specifically ordered by the Company on its suppliers and the Customer cancels these orders then the deposit will be forfeited and the Customer will pay any additional costs incurred by the Company.
c. No discount shall be allowed unless expressly agreed in writing by the Company.
d. If the Customer shall not make payment of any sum due to the Company under the terms hereof or the terms of the agreement on or before the day the same shall be due and payable interest thereon shall accrue and be payable by the Customer to the Company from the said day at the rate of 6% above NatWest Plc. Base Lending Rate for the time being in force such interest shall be a debt due to the Company and recoverable as liquidated damages.
e. All costs (of whatever nature) incurred by the Company in recovering sums due from the Customer (before or subject to the decision of the Court – after the commencement of any Legal Proceedings) shall be paid to the Company by the Customer

ILLUSTRATIONS AND DIMENSIONS

6) a. All information and illustrations contained on the website, brochures, catalogues, price lists, trade literature and advertising material produced by the Company are approximate only, intended to indicate only the general character of the goods and do not form part of any contract between the Company and the Customer.
b. The dimensions of goods are subject to the manufacturing tolerance supplier to the Company. Dimensions contained in quotations, acknowledgements of orders, or catalogues, price lists, advertising matter and other trade literature are therefore approximate only.

SUBSTITUTED GOODS

7) The Company reserves the right to substitute goods which are similar to the goods ordered by the Customer provided that such substituted goods are no less suitable for the purpose for which they are generally used than goods ordered by the Customer

ORDERS

8) a. Once you have ordered and paid for your order from our website, this constitutes as a contractual offer. Once we the company have emailed you an Order Confirmation, this constitutes as an acceptance and thus a contractually binding contract between the two parties.
b. Once we have received full payment for your goods/items they belong to you.
c. Once we have emailed you your Order Confirmation we will give you an estimated time of delivery. When your order is ready for delivery we will contact you with a delivery date.
d. If we are unable to deliver your goods for any reason e.g. customer is not in, nobody to sign for the items or persons not present to unload from our delivery vehicle, they will be returned to our depot and you the Customer must contact us to arrange a new delivery date. There will be an additional delivery charge for re-delivering the original items.
e. Due to demand for certain profiles we hold the right to use either Eurocell, Veka Halo or Liniar at our discretion, unless a specific profile is asked for.
f. PLEASE NOTE: On receipt of delivery date, customers have 24 hours to amend or cancel orders. Changes CANNOT be made after this period.

We the company are responsible for your items until the items are delivered and signed for, at which point the responsibility passes onto you the customer.

DELIVERY

9) The lead-time for all standard colour windows and doors is approximately 10-15 working days, depending on the day of order. The lead-time for special order colours is between 4-6 weeks.

10) a. Delivery shall be to such places within the United Kingdom as is specified by the Customer in the delivery instructions contained in his order. The Customer shall be responsible for unloading the goods at the point of delivery. All deliveries are effected to ground floor entrance positions only.
b. In the case of larger deliveries, it is down to the Customer to provide further assistance for unloading such items.

11) While the Company will use its best endeavours to comply with any delivery date, it cannot be responsible for any loss or damage whatsoever, caused by late delivery.

12) The Company reserves the right to delivery and to require the Customer to accept delivery of the goods up to maximum of 7 days prior to any requested date for delivery.

13) If the contract provided for delivery by installments late delivery of one installment shall not entitle the Customer to reject any other installment under the same contract.
14) If the Customer fails to take delivery or collect at the time required by the contract the Company shall be entitled without prejudice to any others rights it may have to treat the contract as at an end and to resell the goods or to invoice the goods in which event payment shall become due in accordance with the provisions of conditions 5. In either case the Company shall be entitled to charge the Customer at rates giving an economic return for the handling and storage of the goods from the date of the Invoice to the Customer or of disposal elsewhere.

14a) Please note someone will need to be at home on the day of the delivery to help unload order.

RETURNS

15) a. If your goods are faulty in anyway due to manufacturing issues, delivery or anything else, which was caused by the company or a representative of the company, you the customer has the right to return the faulty goods for a replacement or a full refund.
b. If you wish to return the damaged or faulty goods you must notify us the company within 3 working days of receipt of the goods.
c. Damage caused by normal wear and tear or improper use does not entitle you the customer to return the goods.
d. Once the company has deemed the products ‘faulty’ they must be repackaged by the customer in its original packaging, and a courier will be arranged to pick them up at an agreed time.
e. We reserve the right to inspect that the goods have been installed correctly. If the goods have not been installed properly the company reserve the right to charge for a surveyor to attend the said property and to report on their findings.
f. Goods, which have been ordered, which are faulty due to misinformation being given to us the company cannot be returned. Please be careful when measuring window and door openings, if you are unsure please ask a professional for help.

RISKS

16) The risk in the goods contracted to be sold by the Company shall pass to the Customer when the goods are delivered to the Customer or when the goods are invoiced in accordance with the provisions of condition 12, at the time they are invoiced.

17) a. Until payment in full has been made (each order being considered as a whole)
i. The property in the goods shall remain vested in the Company
ii. The Customer shall clearly mark or designate the goods so that they remain readily identifiable as the property of the Company and shall store them in a proper manner without charge to the Company
iii. If any of the events referred to in paragraphs (i) and (ii) of condition 19 occur the Company shall be entitled to recover any or all of the goods in the Customer’s possession to which the Company has title hereunder and for that purpose the Company, its servants, or agents may with such transport as is necessary enter upon any premises occupied by the Customer or to which the Customer has access and where the goods may then be situate.
iv. the Customer shall have the right to resell the goods in the ordinary course of its Business and the Company shall be beneficially entitled to, and the Customer liable to account to the Company for the proceeds of resale to the extent of the extent of the debt due. Nothing in these conditions shall constitute the Customer an agent of the Company for the purposes of such sale.
v. The Company may require the Customer to assign to it absolutely any right of action in respect of monies due in respect of such proceeds of resale.
vi. Nothing in this condition shall counter any right upon the Customer to return the goods or to refuse, or delay payment therefore and the remedies conferred on the Company are in addition to, and shall not in any way restrict or prejudice, any other rights and remedies of the Company under the Contract.

LIMITATION OF LIABILITY
18) a. Goods may be delivered in cartons, bundles, returnable containers, loose or in other packaging. In any case where it is established to the satisfaction of the Company that the goods have been damaged or lost (whether wholly or in part) in transit the Company will, at its own cost, repair or replace same provided that
i. In the case of total loss, the Company is notified in writing within 5 days of receipt of invoice.
ii. In the case of partial loss, or damage, the Customer has returned to the Company’s Representative (or where the goods have been delivered by a Carrier his representative) the Company’s receipt note duly signed by the Customer’s Representative and indicating thereon as shortage of or damage to the products being delivered and full particulars are notified directly to the Company in writing within 5 days of delivery.
iii. In the case of damage the goods and their packing are retained by the Customer for inspection by the Company’s representative. The Company will not be liable for any loss or damage in transit, except as above.
b. Where it is established to the satisfaction of the Company that goods delivered by the Company contain at the time of receipt by the Customer some defect in quality (not being a defect caused by some act or neglect of the Customer or a third party) and the goods are returned to the Company at the Customer’s expense within 1 month of dispatch to the customer, the Company will at its own cost repair or replace them (the choice being at the Company’s option).
c. In no circumstances will the Company be liable to the Customer for any loss or damage whatsoever suffered as a result of a defect in quality and any implied term, conditions or warranty or otherwise as to the quality of the goods sold, or their fitness for any particular purpose or as to their correspondence with any description or samples is hereby excluded.

19) No warranty or representation given by or on behalf of the Company including any advice as to the installation quantities use or performance of goods supplied by the Company shall be binding upon the Company unless specifically stated in writing by the incorporated in the Contract.

CONSEQUENTIAL LOSS

20) Without prejudice to the generality of the foregoing provisions the Company shall not in any event be liable to the Customer for any indirect or consequential loss, damage or expense.

INSOLVENCY

21) The Company shall have the option (without prejudice to any of its other rights against the Customer) by notice in writing to the Customer to rescind the contract or to suspend delivery in the following events
i. should any sum owing by the Customer to the Company be overdue.
ii. Should the Customer be in breach of any term of the contract with the Company. iii. Should the Customer enter into composition or arrangement with or for the benefit of, its creditors or having a receiving order in bankruptcy made against him or (if a body corporate) should it go into liquidation either voluntary or compulsory or under supervision or have a receiver appointed overall or any part of its assets, or in Scotland should the Customer become not our bankrupt or sequestrated, or a receiver, or judicial factor, or trustee is appointed, for any portion of the Customer’s estate or effects or suffer any arrestment charge pounding of other diligence to be issued or levied upon the Customer his estate or effects.

22) Should a Director or Principal of any Customer which is a Limited Liability Company place or continue to place orders for goods when s/he knows or ought reasonably to know that the Customer (or any parent or subsidiary Company of the customer) is insolvent, then s/he will be held personally liable for any debt(s) thereby incurred and will be required (both jointly and severally where applicable) to make good any debt owed by such Customer to the Company whether wrongful or fraudulent trading be proven or not and notwithstanding any creditors voluntary arrangement, insolvency proceedings, liquidation or dissolution.

INSTALLATION

23) The Company does not make recommendations to customers of any installers of the products sold. Any referrals made by the Company are without warranty and the customer should seek their own reference as to competency. The Company does not accept any liability whatsoever for unsatisfactory installation of its products by the Customer or any 3^rd party. All products must be installed within manufacturer’s guidelines, which are available on request. Failure to install products to the manufacturer’s guidelines will invalidate any warranty.

SITE SUPPORT

24) on request the Company can provide a site support service. This is for advice and guidance only and the Company is not responsible for any incorrect sizes or specifications no matter how they arise. It is the Customers responsibility to ensure that the correct specifications are ordered from the Company. The cost of a residential site visit to the customer is £65.00+VAT.

FORCE MAJEURE

25) In the event of war, invasion or foreign enemy hostilities (whether war has been declared or not) civil war, rebellion, revolution, insurrection or military or usurped power the Company shall be relieved of liability incurred under the contract where ever and to the extent to which fulfillment of such obligations is prevented, frustrated, or impeded as a consequence of any such event or by any statutes, rules, regulations issued by any Government Department Council, or other duly constituted authority, or from strikes, lock-outs, breakdown of plant, or any other causes (whether or not of alike nature) beyond the Company’s control.

WAIVER

26) Forbearance or indulgence by the Company shown or granted to the Customer whether in respect of these Conditions of Sale or otherwise, shall not affect or prejudice the rights of the Company against the Customer or be taken as a waiver of any of these

CONDITIONS OF SALE

27) Any contract incorporating these Conditions of Sale shall be governed by and construed in accordance with the laws of England and the Company hereby agrees to submit to the jurisdiction of the laws of England and the Company hereby agrees to submit to the jurisdiction of the English Courts.


GUARANTEE

26) For all bespoke products supplied by the Company e.g. UPVC doors and windows, the product will be guaranteed for 10 years. Glass units supplied by the Company will be guaranteed for 5 years. All hardware e.g. handles and locks are guaranteed for 1 year. This guarantee is subject to the following exceptions a) General day-to-day wear and tear and use. b) Coincidental or accidental damage c) Malicious damage d) Misuse of goods, used in an unintended manor e) incorrectly installed by a non-Fensa registered tradesman f) the repair or alteration of the goods without the prior consent of the Company.