The Essex Window Store Contract Terms

Essex Window Store Limited

www.theessexwindowstore.com
sales@theessexwindowstore.com
Registered Address: Unit 7A, Radford Crescent, Billericay, Essex, CM12 0DU

Bank Transfer and Online Payment Details

Bank: HSBC UK
Account Name: Essex Window Store Ltd

Account No: 01555456

Sort Code: 40-10-27

Terms & Conditions

General Terms

  1. These terms and conditions apply to the contract of works between “The Customer”, named on the contract, and “The Essex Window Store Limited”, hereinafter referred to as “The Company”.
  2. This contract and quotation is subject to survey and further inspection by The Company. If at any time a working area is deemed unsuitable or unsafe for the work agreed, The Company will advise The Customer of any possible remedy and any associated costs. The Company reserves the right to cancel the contract if working areas are not suitable or safe for purpose.
  3. This contract cannot be varied by either party, unless a “Variation of Contract” is agreed by both The Customer and The company, in writing.
  4. The details of the products and services supplied are all detailed in this contract; all terms agreed should be written on the contract. Any and all additional agreements made should be noted on the contract and signed by both The Customer and The Company Representative.
  5. Prices for the contract include VAT at the current when the contract was signed unless otherwise indicated. If the rate of VAT subsequently changes then VAT charges will be passed to The Customer.
  6. Demonstration units, photographs and samples supplied to indicate typical illustration of the goods and services provided. The Company does guarantee the product provided will be exactly the same as the samples shown.

Customer Responsibility

  1. The Customer agrees to enter into the contract with The Company, to purchase the goods and services as described.
  2. The Customer, by signing, agrees that they have considered and understand the cancellation rights set out in these terms andconditions.
  3. The balance for the contract is dues on completion of the installation, or on delivery for supply only contracts. The customeragrees to pay The Company the full amount agreed on the contract, minus any deposit already paid on completion of the installation. Payment is to be made by cash, cheque, bank transfer, debit card and credit card (excluding American Express). If payment is delayed beyond this date The Company reserves the right to charge interest on the balance outstanding at a daily accruing rate as advised by the base rate set out by the Bank of England, from the date the payment is due until the payment has been settled in full.
  4. The Customer will provide The Company access to the property in order to complete the works described. At no cost, The Customer must provide The Company access to water, gas, electricity, or other services required, to enable the installation to be completed. In order to complete the agreed contract The Company reserve the right to use and site any of the following to assist the completion of the job; ladders, scaffold, cherry pickers, vehicles, skips and other associated machinery.
  5. The customer will ensure that access is readily available for The Company to complete the agreed commitments. If this includes access being required to land which is not owned by The Customer, then it is The Customer’s responsibility to ensure that access is available and permitted. This would apply but is not limited to situations where a neighbouring property needs to be accessed for scaffolding, for example. The Company will not be held responsible from delays arising from The Customer not attaining the necessary permissions before work begins. This also includes furniture, curtain, blinds, ornaments, etc that will be obstruction to us commencing installation.
  6. The Company will not be held responsible for any damage to the building or any failure or defect in products supplied, which are due to unforeseen defects in the structure that is the subject of the works agreed by The Customer. The Customer must inform The Company if they are aware of any past conditions which may affect the work agreed.
  7. The customer confirms they are the property owner, or have complete authority to enter into the agreement.
  8. The Customer will be responsible for informing The Company about any third party approvals required. The Customer will be responsible for any costs associated with third party approval. If the Customer does not inform The Company about any thirdparty approval required then The Company will not be held responsible or liable in any situation arising from permission having

not been sought before the commencement of works, which could include;

  1. Planning permission my be required if the property has restrictions, such as, but not limited to, article 4 removal of permitteddevelopment rights, conservation area, with applicable statutes, area of outstanding natural beauty, site of special scientificinterest, listed building, etc.
  2. All owners, freeholders and leaseholders, should be consulted before work commences.
  3. You may need to consult your local estate/ residential/ parish/ district management committee if there is one, and there arelimitations to the changes you can make to the exterior of your home.

15. The Company will keep The Customer’s records on file, and may in the future contact them regarding further goods or services available from The Company. The Customer agrees they are happy to receive such communications. If The Customer wishes to opt out of this service, they may email The Company at sales@theessexwindowstore.co.uk or by writing a the address on this contract.

Company Responsibility

  1. All work will be conducted with due diligence, care and attention.
  2. The Company will conduct a technical survey at the address to confirm the product sizes agreed upon and viability of the installation before they are ordered.
  1. The company agrees to provide the materials agreed in the contract at the agreed price and conduct any agreed work. In the event that any variations are required for any reason in particular, which will affect the goods supplied or the agreed price, The Company will make The Customer aware and give them the option to proceed with the contract. The Company reserves the right to cancel the contract if there is any reason why the works cannot be completed in line with the contract due to necessary variation being required, which have not been agreed to.
  2. The Company will use and endeavour to adhere to any agreed timelines, however, The Company cannot be held liable for delays caused by influences outside of our control, such as, but not limited to, inclement weather, mechanical failure, COVID, etc. In the event of a delay The Company will contact The Contact to arrange the earliest mutually convenient date.

Guarantee

  1. The Company provides guarantees on their products, which have been installed by The Company. The written guarantee is this your copy of this dated contract, which is activated upon final payment. The main points of the Company guarantee are:
    1. 10 year workmanship guarantee for the works installed by The Company. The workmanship guarantee is protection againstany installation errors made by The Company
    2. Full manufacturer product guarantees. All products supplied & installed by The Company will be covered by themanufacturers product warranty.
    3. Guarantees will be void if any person we have not authorised has carried out unauthorised work on the products.
    4. To enforce guarantees, The Customer must keep the product within reasonable expectations, maintenance guides areavailable upon request.
    5. The guarantees do not cover damage caused by the purchaser, animals, third parties, storm, flood, hurricane, other extremeweather events, neglect or misuse.
  2. The Customer will be provided with a FENSA certificate and insurance backed guarantee upon full and final payment to TheCompany. The Company will provide this through a third party insurance firm on completion of the installation.
  3. The Workmanship guarantee is only applicable to contracts where The Company have supplied and installed the whole product.
  4. The Company accepts no responsibility for glass breakages which are due to any third party neglect.

Cancellation Rights

  1. The Company provide The Customer with a right to cancel this contract within 14 days of the date of agreement on the front of this contract. To exercise your right to cancel, you must inform us of your decision to cancel this contract by clear statement (e.g. a letter sent via recorded mail or email). To meet the cancellation deadline, it is essential for you to send your communication concerning your exercise of right to cancel before the cancellation deadline has expired.
  2. If The Customer cancels in accordance with the above clause, then any deposit will be refunded in full, within 14 days beginning the day after we are informed of your decision to cancel, except where work has commenced.
  3. If the contract is cancelled outside of the stated cancellation period then The Company reserves the right to charge The Customer to cover the costs incurred up to the point of cancellation. These costs are outline below:
    1. If the contract has been signed but the survey has not been carried out, 25% of the contract value will be charged. This costis to cover the point of sale, marketing and all administration costs.
    2. After survey and before manufacturing commences, 30% of the contract value will be charged, to cover the costs and thesurvey.
    3. After manufacturing commences, 85% of the contract value. To cover all costs above and the cost of the goods which havebeen manufactured.
    4. After installation, 100% of the contract value will be charged to cover the costs above and the installation costs.
  4. If the contract is cancelled by The Company due to a breach of these terms by The Customer, then The Company reserves the right to make a charge for any work completed.
  5. If you are unaware of your cancellation rights, please call The Company on the number on the front of this contract so we may assist with any queries or questions

Complaint Handling

If you ever have a complaint then we want to rectify it as soon as we can. Just let us know so we can put things right as soon as possible. You can contact us in any of the ways listed below and we will make sure one of our staff members contacts you as soon as possible about your problem. If you are writing or emailing please let us know your contact details and a brief overview of your issue. Once you contact us we will acknowledge receipt of your complaint and let you know who will be helping resolve the issue. We will always reply and attempt to resolve anything as quickly as possible, and in any eventuality aim to keep you fully informed every step of the way until the query is closed.

Email: sales@theessexwindowstore.co.uk Post: The Essex Window Store Ltd, Unit 7a Radford Cresent, Billericay, Essex, CM12 0DU