TERMS AND CONDITIONS
Kindlelight Windows Ltd
(hereafter referred to as The Company)
1. These conditions, together with a signed order, constitute a complete record of the terms for the supply and/or installation of the Company’s products. No variation of these terms nor cancellation of the order shall be permitted, unless the same shall have been agreed to by the Company and signed on behalf of the Company by a Director. Any oral representations or promises, conditions or warranties made on behalf of the Company, other than by a Director, are expressly excluded.
2. All orders are accepted subject to a satisfactory final survey by the Company’s technical surveyor. Any changes made or requested on the survey must be made in writing to the Company.
3. The Company reserves the right to cancel the Contract at any time and the liability of the Company to the customer shall be the refund of all monies paid by the customer.
4. Delivery dates – please take notice. The Company will endeavour to comply with, or improve on, the anticipated delivery date. Any delivery proposed by the customer shall not be a term of the contract.
5. The customer shall permit the Company by its servants, workmen or agents to have access to his premises at any reasonable time to enable the work to be carried out and completed. The Company reserves the right to enforce payment of the Contract balance due, if an appointment for installation has not been agreed within a period of twenty-eight days of a request by the Company for such an appointment.
6. Removal and replacement of curtains, blinds and pelmets are the customer’s responsibility and if undertaken by the Company, will be charged as additional work.
7. After installation, where new hardwood timber is specified as part of the Contract, the price shall include one coat of varnish being applied. No other painting will be undertaken by the Company.
8. The Company cannot guarantee that condensation, if any, can be eliminated or reduced by installation of its products, nor accepts liability for condensation appearing after such installation, where before it was not visible.
8a. With new technology in the Double Glazing industry the insulation values are much greater. This can, in certain conditions, cause misting to the outside of the pane. This condensation is quite normal and will disperse as temperatures rise.
9. Payment of the full balance due, less deposit, must be made upon demand following installation or delivery of the Contract. Interest will be charged at the rate of one per cent per month or part thereof on any sum outstanding for more than fourteen days following delivery or installation of the products as applicable. No neglect or forbearance by the Company in endeavouring to obtain payment of the amount due hereunder, or to enforce its rights hereunder shall in any way affect the liability of the customer under this Contract. All prices are quoted nett and exclusive of tax unless otherwise stated. All cheques and money orders shall be made payable to the Company and crossed A/C Payee Only.
10. The Company shall not be liable for any consequential loss however arising.
11. Where a warranty is applicable the Company shall guarantee, after full payment of monies due, for the period of years appropriate to the products at the time of accepting the order, such warranty being to repair or replace without charge any faulty product where such fault is due to defective materials or construction, provided that written notice of any claim hereunder is given within the guarantee period.
12. The customer shall give to the Company written notice within seven days of any delivery or installation, or where it has been signed, by the completion of the Company’s satisfaction note, of any claim that all or part of the products and/or services are not of the stated or satisfactory quality. Any investigation that the Company shall accordingly undertake, shall be entirely without prejudice to the Company’s rights under the terms and conditions and shall in no way constitute an admission of liability to modify, remedy or alter any product and/or service under investigation.
13. Under its policy of continued improvement or in the event of non-availability of bought-in parts, the Company reserves the right to alter, change or amend without notice its product specifications at any time.
14. The purchaser shall be responsible for ensuring that the supply and fitting of the product complies with every applicable statute, order in council, regulation or direction of Government, local or other authority and in particular that he has lawfully obtained every necessary licence, permit or authority required in connection therewith.
15. The contract is binding to both parties and not subject to cancellation. The above applies after a statutory 7 day cooling off period
16. All products remain the property of the Company until such time as the balance has been paid in full.
17. The customer agrees to make final payment to the installation foreman on completion of the installation.
18. Glass and sealed unit double glazing. We would draw your attention to clauses 18a – 18f which clearly state that the company will change any units that are found to be scratched or marked to be determined by the industry standards which are printed below after the balance of this contract has been paid in full. By signing this I / we are in full agreement of all the details contained therein.
18a. Transparent glass used in the manufacture of insulating glass units is identical to that used traditionally for single glass and will, therefore, have a similar level of quality.
18b. Both panes of the sealed unit shall be viewed at right angles to the glass from the room side standing at a distance of not less than 2 metres, but for toughened laminated or coated glasses, not less than a distance of 3 metres in natural daylight and not in direct sunlight. The area to be viewed is the normal vision area with the exception of a 50mm wide band around the perimeter of the unit.
18c. Flat transparent glass, including laminated or toughened (tempered) glass, shall be deemed acceptable if the following phenomena are neither obtrusive nor bunched: totally enclosed seeds, bubbles or blisters, hairlines or blobs, fine scratches no more than 25mm long minute and embedded particles. Obtrusiveness of blemishes shall be judged by looking through the glass, under lighting conditions described in 18b.
18d. When thermally toughened (tempered) glass is viewed by reflection, the effect of the toughening process may be seen under certain lighting conditions. The visibility of surface colouration or patterns does not indicate deterioration in the physical performance of the toughened glass. Because of the nature of the toughening process, distortion will be accentuated when the glass is viewed in reflection or incorporated in insulating glass units.
18e. Visible double reflections can occur under certain lighting conditions, especially when viewed from an angle. This is an optical phenomenon arising from the multiple surface reflections in sealed units.
18f. The manufacture of flat, laminated glass does not usually affect the visual quality of the glass incorporated in insulating glass units. However, the faults generally accepted in Paragraph 18c may be increased in number by the fact that several glasses and interlayers are used in the production of laminated glass. When viewed under certain light conditions, insulating units incorporating clear or tinted flat laminated glass, may show a distortion effect caused by reflection on the multiple surfaces of the components of the laminated glass.