NORTH SOUTH WINDOWS TERMS AND CONDITIONS

 

BACKGROUND:

 

These Terms and Conditions are the standard terms which apply to the provision of window fitting services by North South Windows (“the Trader”) to customers who require window fitting services to be provided at their home. Please read them carefully and ensure that you understand and agree to them. If you have any questions, please contact us.

 

These Terms and Conditions apply where the customer is a “Consumer” as defined by the Consumer Rights Act 2015.

 

1. Definitions and Interpretation

   1. In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

 

“Agreed Times” means the times which You and We agree for the Window Fitter to have access to the Property to complete the Job [as specified in the Agreement];

“Agreement” means the contract into which You and We will enter if You accept the Quotation. The Agreement will incorporate, and be subject to, these Terms and Conditions

“Business” means any business, trade, craft or profession carried on by You or any other person/organisation;

“Consumer” means a “consumer” as defined by the Consumer Rights Act 2015, and in relation to these Terms and Conditions means an individual customer of the Trader who receives Window Fitting Services for their personal use and for purposes wholly or mainly outside the purposes of any Business;

“Deposit” means the deposit You may be required to pay in accordance with Clause 5;

“Final Fee” means the total of all sums You must pay which will be shown on the invoice issued in accordance with Clause 6 of these Terms and Conditions;

“Job” means the complete performance of the Window Fitting Services;

“Model Cancellation Form” means the model cancellation form attached as Schedule 2;

“Order” means Your initial request for Us to provide the Window Fitting Services as set out in Clause 4;

“Products” means the products required for the provision of the Window Fitting Services which We will supply (if any) as specified in the Agreement;

“Property” means Your home, as detailed in the Order and the Agreement, at which the Job is to take place;

“Quotation” means the quotation We give to You in accordance with Clause 4 detailing the services We will provide to You and the fees We will charge;

“Quoted Fee” means the fee set out in the Quotation which may change according to the actual work undertaken as set out in Clause 6 of these Terms and Conditions;

“Start Date” means the date You and We agree on for Us to start providing the Window Fitting Services as specified in the Agreement;

“Visit” means any occasion, scheduled or otherwise, on which the Window Fitter visits the Property to provide the Window Fitting Services;

“We/Us/Our” means the Trader and includes all employees, agents and sub-contractors of the Trader;

“Window Fitter” means Us or Our employee who will be responsible for providing the Window Fitting Services;

“Window Fitting Services” means the window fitting services We will provide as specified in the Agreement;

“You/Your” means a Consumer who is a customer of the Trader.

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1. Each reference in these Terms and Conditions to “writing”, and any similar expression, includes electronic communications whether sent by e-mail, text message or other means.

2. Each reference to a statute or provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time.

3. Each reference to “these Terms and Conditions” is a reference to these Terms and Conditions.

4. Each reference to a Schedule is a reference to a schedule in these Terms and Conditions.

5. The headings used in these Terms and Conditions are for convenience only and do not affect the interpretation of these Terms and Conditions.

6. Words signifying the singular number will include the plural and vice versa.

7. References to any gender will include any other gender.

8. References to persons, unless the context otherwise requires, include corporations.

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1. Information about Us

   1. We are a partnership.

   2. We trade under the name North South Windows

   3. Our main trading address is 9 Larkfield, Cobham, KT11 1DE

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1. Communication and Contact Details

   1. If You wish to contact Us with questions or complaints, You may contact Us by telephone at 07584 578116 or by email at dominic@northsouthwindows.co.uk.

   2. In certain circumstances You must contact Us in writing (as stated in various Clauses throughout these Terms and Conditions). When contacting Us in writing You may use the following methods:

      1. contact Us by email at dominic@northsouthwindows.co.uk; or

      2. contact Us by pre-paid post at Dominic Barker, 3, Oak Lodge, Leigh Corner, Cobham KT11 2RZ

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1. Estimates

   1. An estimate is Our interpretation of Your enquiry based on information available at the time (ie sales appointment, plans, phone/site conversations); it is Your responsibility to ensure the enquiry has been interpreted correctly as the We will not be liable for any discrepancies.

   2. Any size/specification received at the enquiry stage will be deemed to be approximate (including from plans).

   3. The estimate cost is a reflection of its specification; if the specification changes then the cost is liable to change.

   4. Our estimate will include the overall proposed cost as well as details of the stages of payments we will require.

   5. You may make changes to the estimate and the order before accepting it.

   6. You may accept an estimate by signing and dating a copy of it and returning it to Us within 14 calendar days after the date We issue the estimate.

   7. When (but not before) You have returned the Quotation, signed and dated, and You have paid the Deposit, a legally binding contract between You and Us will be created for Us to provide the Window Fitting Services and for You to pay for them. We will then attach the signed Agreement and complete any blanks in the Agreement in accordance with the estimate.

   8. If you wish to change your Order after accepting the Quotation, please contact Us and We will tell you whether or not the change can be accommodated, along with any changes to the fees payable as a result. If we cannot accommodate the changes or the changes to the fees or other matters are not acceptable to you, you may cancel in accordance with Clause 13 and/or 14.

   9. If at any stage We cannot accept your Order, We will inform you of this in writing.

   10. Estimates are valid for 30 days; after such time the cost is liable to change.

   11. Estimates are not priced to be installed in separate stages, unless otherwise stated in writing.

   12. We strongly recommend that You enlist the Firms surveyor to ensure the quote is suitable for its intended application (including size and specification) as We will not be liable in this regard with the following 2 exceptions (i) We have surveyed existing openings (ii) You have complied with the Prepared Opening requirements We have outlined.

   13. Timescales (e.g. lead/delivery/fitting) are always estimates; We will not be liable for any loss or damage sustained in consequence of any failure to adhere to timescales or completion dates however caused.

   14. Unless included within the contract any samples, sketches, technical drawings and/or photos are for illustrative purposes only.

   15. The Survey - You (or Your representative) must be present at the final survey if on arrival this is not the case the Purchaser may be charged for an additional survey.

   16. Following the survey the quoted specifications are compared with the surveyed specifications and the You will be notified of any changes.

 

1. Deposit

   1. At the time of accepting the Quotation or not more than 7 calendar days  thereafter, depending on the nature of the work and any specialist Products required in advance, You may be required to pay Us a Deposit.  The Deposit will be 60% of the quoted fee.  We will not confirm an Order until the Deposit is paid in full.

   2. If you cancel the Window Fitters Services, We may retain some or all of the Deposit as set out in Clauses 13, 14 and 15.

 

1. Fees and Payment

   1. The Quoted Fee will include the price payable for the Window Fitting Services and for the estimated Products required.

   2. We will, where reasonably possible, use only the Products (and quantities of Products) set out in the Quotation and the Agreement; however, if additional Products are required, We will adjust the Final Fee to reflect this.  We will keep any increases to a necessary minimum, will keep You informed at all times, and will not proceed without your agreement.

   3. If the price of Products or services increases during the period between Your acceptance of the Quotation and the Start Date, We will inform You of the increase and of any difference in the Final Fee. If You do not wish to accept the increase, You may cancel and receive a full refund of all sums paid including, where applicable, the Deposit.

   4. The Quoted Fee and the Final Fee are inclusive of VAT. If the rate of VAT changes We will adjust the amount of VAT that You must pay.

   5. We will invoice You when the Job has been completed.

   6. You must pay any invoice within 7 calendar days of receiving it.

   7. We accept the following methods of payment:

      1. Bank transfer

      2. Cash

      3. Cheque

2. If You do not pay an invoice by the due date We may charge You interest on the overdue sum at the rate of 2.5% above the base rate of Bank of England from time to time until payment is made in full. Interest will accrue on a daily basis from the due date until the actual date of payment, whether before or after judgment.

3. If You have promptly contacted Us to dispute an invoice in good faith We will not charge interest while such a dispute is ongoing.

 

1. Window Fitting Services

   1. We will provide the Window Fitting Services in accordance with the specification set out in the accepted Quotation and in the Agreement (as may be amended by agreement between You and Us from time to time).

   2. We may provide sketches, impressions, plans or similar documents in advance of the Job.  Any such material is intended for illustrative purposes only and is not intended to provide an exact specification of the Job nor to guarantee specific results.

   3. We will use reasonable endeavours to ensure that the Products We use match those chosen by You and are consistent throughout the Property (or relevant parts of the Property). There may be slight variations to the same Products or glass as a result of differences between photographs, catalogues and other materials, and the Products themselves, as a result of minor technical changes which will not impact your use of the Product or glass in question, or as a result of unavoidable variances that may arise in the manufacturing process of the glass. If different Products or glass are required due to non-availability, We will not supply them without consulting with You first, in advance of the Job. If You do not wish to accept the alternative Products or glass, You may cancel and receive a full refund of all sums paid including, where applicable, the Deposit

   4. The responsibility (sometimes referred to as the “risk”) for the Products remains with Us until they have been delivered to You at which point it will pass to you. You will own the Products once We have received payment in full for them.

   5. We will ensure that the Window Fitting Services are performed with reasonable care and skill and to a reasonable standard which is consistent with best trade practice.

   6. We will ensure that We comply with all relevant codes of practice.

   7. We will ensure that no parts of the Property suffer damage as a result of Our provision of the Window Fitting Services.  We will make good any damage that occurs at no additional expense to You as soon as is reasonably possible.

   8. We will properly dispose of all waste that results from Our provision of the Window Fitting Services.

   9. We will, where necessary, provide temporary glazing and/or boarding to protect the interior of the Property from the elements.  We will also advise You of any security risks associated with these temporary materials.

 

1. Faulty Products

   1. If any Products (including glass) are supplied in the course of Us providing the Window Fitting Services, and You discover a defect with one or more of those Products or if the Product or Products have been incorrectly described, You should inform Us using the contact details above in Clause 3.

   2. Within the first 30 calendar days, You are entitled, at Your option, to a full refund, to keep the Product(s) at a reduced price, or to a repair or replacement.

   3. After the first 30 calendar days, and for the first six months, We will, at Our option, repair or replace any defective Products or, if a repair or replacement is not practicable or possible, or if a repair or replacement is unsuccessful, You are entitled to a full refund. Alternatively, You may keep the Product(s) at a reduced price. This right may not apply if We can prove that the defect has been caused deliberately or negligently by You, or as a result of Your failure to follow instructions given by the Window Fitter or as included with the Product.

   4. After the first six months, if any Product develops a fault, You must prove that the Product in question was faulty at the time We supplied it and You took ownership of it. You may be entitled to a repair or replacement, or to a partial refund for up to six years depending upon the nature of the Product and how long it can reasonably be expected to last.

 

1. Problems with Our Service

   1. If there is a problem with the result of the Window Fitting Services, i.e. they have not been provided with reasonable care and skill, You are entitled to ask Us to repeat or fix the service, or to get a price reduction if this is not possible.

   2. We always use reasonable efforts to ensure that Our provision of the Window Fitting Services is trouble-free. If, however, there is a problem with the Window Fitting Services We request that You inform Us as soon as is reasonably possible. We will use reasonable efforts to remedy problems with the Window Fitting Services as quickly as is reasonably possible and practical.

   3. We will not charge You for remedying problems under this Clause 9 where the problems have been caused by Us [or where nobody is at fault].  If We determine that a problem has been caused by incorrect or incomplete information or action provided or taken by You, We may charge You for remedial work.

   4. As a consumer, You have certain legal rights with respect to the purchase of goods or services.  For full details of your legal rights and guidance on exercising them, it is recommended that You contact your local Citizens Advice Bureau or Trading Standards Office.

   5. If We do not perform the Window Fitting Services with reasonable skill and care, You have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to You, You have the right to a reduction in price;

   6. If the Window Fitting Services are not performed in line with information that We have provided about them, You also have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to You (or if Our breach concerns information about Us that does not relate to the performance of the Window Fitting Services), You have the right to a reduction in price.

   7. If for any reason We are required to repeat the Window Fitting Services in accordance with Your legal rights, We will not charge You for the same and We will bear any and all costs of such repeat performance.  In cases where a price reduction applies, this may be any sum up to the full fees payable for the Job and, where You have already made payment(s) to Us, may result in a full or partial refund.  Any such refunds will be issued without undue delay (and in any event within 14 calendar days starting on the date on which We agree that You are entitled to the refund) and made via the same payment method originally used by You unless You request an alternative method.

 

1. Your Obligations

   1. If any consents, licences or other permissions are needed from any third parties such as landlords, planning authorities, local authorities or similar, You must obtain them before We begin to provide the Window Fitting Services.

   2. We may ask you to move or remove certain furniture, fixtures and fittings in the Property before we begin work. Unless You and We specifically agree otherwise, this is Your responsibility.

   3. You will ensure that the Window Fitter can access the Property at the Agreed Times to provide the Window Fitting Services.

   4. You may either give the Window Fitter a set of keys to the Property or be present at the Agreed Times to give the Window Fitter access.  We promise that all keys will be kept safely and securely by Window Fitters.

   5. If You do not provide the required access to the Property or make it impossible for Us to provide the Window Fitting Services by failing to comply with any other provision in this Clause 10, and do not have a good reason for this, We may invoice you for any additional charges incurred as a result.

   6. You must ensure that the Window Fitter has access to electrical outlets and a supply of hot and cold running water.

 

1. Complaints and Feedback

   1. We always welcome feedback from Our customers and, while We always use all reasonable endeavours to ensure that Your experience as a customer of Ours is a positive one, We nevertheless want to hear from You if You have any cause for complaint.

   2. All complaints are handled in accordance with Our complaints handling policy and procedure, available at www.northsouthwindows.co.uk

   3. If You wish to complain about any aspect of Your dealings with Us, please contact Us in one of the following ways:

      1. In writing, addressed to Dominic Barker, Director, North South Windows, 3, Oak Lodge, Leigh Corner, Cobham KT11 2RZ

      2. By email, addressed to dominic@northsouthwindows.co.uk

2. Changing the Start Date

   1. If You ask Us to change the Start Date:

      1. We will where reasonably possible agree a revised Start Date with You;

      2. If it is not possible to agree a revised Start Date either You or We may terminate the Agreement (see Clause 15).

3. If We ask You to change the Start Date, You may either:

   1. agree a revised Start Date with Us; or

   2. terminate the Agreement (see Clause 15).

 

 

1. Cancellation of The Agreement

   1. We may need to terminate the Agreement before the Start Date due to the unavailability of required personnel or materials, or due to the occurrence of an event outside of Our reasonable control.  If such cancellation is necessary, We will inform You as soon as is reasonably possible. We will refund the Deposit, if applicable, and any other sums paid as soon as is reasonably possible, and in any event within 14 calendar days of termination.

 

1. Termination

   1. You may terminate the Agreement with immediate effect at any time by giving Us written notice if:

      1. We have breached the Agreement in any material way and have failed to remedy that breach within 30 days of You asking Us in writing to do so

      2. We enter into liquidation or have an administrator or receiver appointed over Our assets

      3. We are unable to provide the Window Fitting Services due to an event outside of Our control (see Clause 17).

2. We may terminate the Agreement with immediate effect by giving You written notice if:

   1. You fail to make a payment on time as required under Clause 6 (this does not affect Our right to charge interest on overdue sums under sub-Clause 6.8);

   2. You have breached the Agreement in any material way and have failed to remedy that breach within 14 days of Us asking You in writing to do so; or

   3. You and We have been unable to agree a revised Start Date under Clause 2;

   4. You do not provide the Window Fitter with access to the Property and We have been unable to contact You to re-arrange the Window Fitting Services under sub-Clause 10.5;

   5. We have been unable to provide the Window Fitting Services for more than 4 weeks due to an event outside of Our control (see Clause 17).

3. For the purposes of this Clause 15, a breach of the Agreement will be considered ‘material’ if it is not minimal or trivial in its consequences to the terminating Party. In deciding whether or not a breach is material no regard will be had to whether it was caused by any accident, mishap, mistake or misunderstanding.

4. If at the termination date:

   1. You have made any payment to Us (including, but not limited to, the Deposit, where applicable) for any Window Fitting Services We have not yet provided, these sums will be refunded to You as soon as is reasonably possible, and in any event within 14 calendar days of the termination notice. We may, however, deduct from such a refund (or charge You) reasonable compensation for the net costs (covering materials ordered) We will incur as a result of your breaking the Agreement

   2. We have provided Window Fitting Services that You have not yet paid for, the sums due will be deducted from any refund due to You or, if no refund is due, We will invoice You for those sums and You will be required to make payment in accordance with Clause 6.

 

1. Effects of Termination

   1. If the Agreement is terminated for any reason:

      1. Any Clauses which, either expressly or by their nature, relate to the period after the expiry or termination of the Agreement will remain in full force and effect.

      2. Termination will not remove or reduce any right to damages or other remedy which either You or We may have in respect of any breach of the Agreement which exist at or before the date of termination.

 

1. Events Outside of Our Control (Force Majeure)

   1. We will not be liable for any failure or delay in performing Our obligations under these Terms and Conditions where the failure or delay results from any cause that is beyond Our reasonable control.  Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control .

   2. If any event described under this Clause 17 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:

      1. We will inform You as soon as is reasonably possible;

      2. Our obligations under the Agreement will be suspended and any time limits that We are bound by will be extended accordingly;

      3. We will inform You when the event outside of Our control is over and provide details of any new dates, times or availability of Window Fitting Services as necessary;

      4. You or We may terminate the Agreement (see Clause 15).

 

1. Liability

   1. We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of the breach or negligence or if it is contemplated by You and Us when the Agreement is entered into.  We will not be responsible for any loss or damage that is not foreseeable.

   2. We will maintain suitable and valid insurance including public liability insurance.

   3. We provide Window Fitting Services for domestic and private purposes only. We make no warranty or representation that the Services are fit for commercial, business or industrial purposes of any kind. We will not be liable to You for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.

   4. If We cause any damage to the Property, We will make good that damage at no additional cost to You.  We are not responsible for any pre-existing faults or damage in or to Your property that We may discover while providing the Window Fitting Services.

   5. We are not liable for any loss or damage You suffer which results from Your failure to follow any reasonable instructions given by Us or the Window Fitter.

   6. Nothing in these Terms and Conditions is intended to or will limit or exclude Our liability for death or personal injury caused by Our negligence or for fraud or fraudulent misrepresentation.

   7. Nothing in these Terms and Conditions is intended to or will limit Your legal rights as a Consumer under any consumer protection legislation. For more details of Your legal rights please refer to Your local Citizens Advice Bureau or Trading Standards Office.

 

1. Other Important Terms

   1. We may from time to time change these Terms and Conditions without giving You notice, but We will use Our reasonable endeavours to inform You as soon as is reasonably possible of any such changes.

   2. We may transfer (assign) Our obligations and rights under the Agreement to a third party (this may happen, for example, if We sell Our business).  If this occurs We will inform You in writing.  Your rights under the Agreement will not be affected and Our obligations under the Agreement will be transferred to the third party who will remain bound by them.

   3. You may not transfer (assign) Your obligations and rights under the Agreement without Our express written permission (such permission not to be unreasonably withheld).

   4. The Agreement is between You and Us.  It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of the Agreement.

   5. If any provision of the Agreement or these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Agreement or these Terms and Conditions and the remainder of the provision in question will not be affected.

   6. No failure or delay by Us or You in exercising any rights under the Agreement means that We or You have waived that right, and no waiver by Us or You of a breach of any provision of the Agreement means that We or You will waive any subsequent breach of the same or any other provision.

 

1. Regulations and Information

   1. We are required by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 to ensure that certain information is given or made available to You as a Consumer before We make Our contract with You (i.e. before You have accepted the Quotation and the Agreement has been signed) except where that information is already apparent from the context of the transaction. We have included the information itself either in the Agreement or Quotation for You to see, or We will make it available to You before the Agreement is signed and you accept the Quotation. All of that information will, as required by the Regulations, be part of the terms of Our contract with You as a Consumer.

   2. As required by the Regulations:

      1. all of the information described in sub-Clause 21.1; and

      2. any other information which We give to You about the Window Fitting Services, or about Us or Our business which you take into account when deciding to accept the Quotation and sign the Agreement, or when making any other decision about the Window Fitting Services,

1. will be a part of the terms of Our contract with You as a Consumer.

 

1. Law and Jurisdiction

   1. These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.

   2.  As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 22.1 above takes away or reduces your rights as a consumer to rely on those provisions.

   3. Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.