Terms of Sale and Supply
Reference to the Company means Kent Glazing Limited and reference to the Purchaser means the Customer. It is intended by the Company that the terms of the Sales Order Contract between the Purchaser and the Company are contained in this document and in the specifications provided by the Purchaser. The Company would point out that none of the terms and conditions stated in this document reduce or vary the Purchaser’s rights under Act of Parliament or common law and any guarantee given are in addition to those rights. This is a formal document designed to create legal rights and legal obligations. By signing this document the Purchaser agrees to all its terms and conditions. The Purchaser should therefore make sure that they have fully read and understood the contents of this document.
The Company, within 28 days from the date of this Sales Order Contract, or if applicable, from the date of when all necessary consents, approvals and acceptances have been received by the Company, in accordance with clause 3 (headed Planning Consents), will contact the Purchaser to arrange for the Company Surveyor to visit the installation site to carry out a survey. The survey carried out by the Company Surveyor is not in any way a structural survey since it is only an external examination of the structure. It is for the benefit of the Company only and cannot be relied upon in any way. Should the Company Surveyor discover technical problems such as structural, access or dimension problems which would cause the installation to be dangerous or impossible to carry out, then the Company reserve the right to cancel this Sales Order Contract and return the deposit to the Purchaser. If the Company Surveyor’s report indicates that due to the nature of the technical problems discovered, that additional work/equipment is required, the Company may submit to the Purchaser an estimate for the additional work/equipment which if accepted by the Purchaser becomes part of this Sales Order Contract and binding on both parties. Should the Purchaser decline to accept the estimate then the Sales Order Contract will be considered to be cancelled and any deposit paid by the Purchaser will be returned to the Purchaser unless if however, should the Purchaser decline to accept the estimate and the Company then agree to carry out this additional work/equipment free of any extra additional charge, then the Sales Order Contract will proceed.
3. Planning Consents
The Purchaser is responsible for obtaining all necessary building, planning or other consents and it will be necessary for the Purchaser to produce all such consents to the Company for their inspection before any units are manufactured. Should the Purchaser instruct the Company to obtain any planning, building or other consents, then this will form a separate agreement and the Purchaser will be given an estimate of the costs and fees for the same.
Delivery of any units to be installed will be on a mutually agreed date. It may be necessary for the units to be delivered by instalments. Whenever this happens the Purchaser will be responsible for the units safe-keeping and the Purchaser should make sure that they are adequately insured against any damage or loss which may occur to those units.
The conservatory design and the products are as provided by the Company. Any conservatory and/or conservatory base sizes quoted are approximate external sizes. The Company will (subject to the Company’s duty to take reasonable care) install the units as efficiently and as quickly as is possible and will make good any damage caused during the installation, immediately surrounding the window or door to be installed. This will not include any existing decorating, such as any damage to painting, wallpaper, tiles, etc., which will be the Purchaser’s responsibility. The Company reserves the right to manufacture and install all products as is deemed suitable by its representatives. Various decorative covers and trims may be fitted if the Company should deem it necessary. The Purchaser will be responsible for the removal and the replacement of curtains, fittings, blinds, pelmets, carpets, telephone points, burglar alarms, fittings and any other electrical connections, aerials or gas installations, to enable the products to be installed. If for whatever reason the Company should remove or replace any of the above, the Company will not be held responsible in any way whatsoever. It will be necessary for the Purchaser to grant access to the installation site in order that the Company can survey, take measurements, inspect and install the products. Such access will always be sought at a mutually agreed date and time. In the event that access is denied for a period of 2 weeks commencing from the date of the first request for access is made, then it is agreed that this will constitute repudiation by the Purchaser of the Sales Order Contract and a claim under clause 10 will apply. The Company does not guarantee that any existing doors, windows or frames will be removed undamaged when being taken out of the property. Any such items will be cleared from the site. All windows and doors, etc., shown in the schedule are measured, manufactured and installed in a manner to comply with current health and safety regulations and current environmental guidelines. Sales Representatives samples are specially manufactured using small dimensions to facilitate transport and these are used to demonstrate the types of units sold. Should the Purchaser require an example of the windows to be installed in their premises then these will be shown upon request. When brickwork build-up is ordered the Company will endeavour to match the existing house bricks whenever possible; however on some occasions, due to reasons beyond the Company’s reasonable control, the matching bricks may not be available. The Company will endeavour to obtain bricks as near as possible to matching the existing house bricks. Squint bricks will be used at the Company’s own discretion. The Company has a policy of strict adherence to health and safety regulations and it may therefore be necessary in exceptional circumstances to modify the units supplied to the Purchaser to comply with the health and safety regulation or with environmental health guidance.
After the completion of the installation and after full payment has been made, or in the case of a finance agreement confirmation that regular payments are being maintained, the Company will issue to the Purchaser a guarantee certificate for the products installed in which the Company will guarantee to repair or replace, free of charge, any unit installed which develops a fault due to defective materials or construction, provided that written notice of the same is given by the Purchaser to the Company within the terms of the guarantee. The guarantee does not apply to minor imperfections in the glass and no guarantee is given that the installation will prevent or reduce condensation (except between the glass of the sealed unit), nor does the guarantee extend to any damage or fault due to accident, misuse, neglect or interference with the product. This guarantee relates to the installation address detailed in this Sales Order Contract and is transferable to new owners on payment of a reasonable administration fee applicable at the time of transfer. If the goods covered by this guarantee have been purchased with the assistance of a loan arranged through the Company which provides the current owner with protection under Section 75 of the Consumer Credit Act 1974, please note that the loan lender will not be liable to the new owner under that Section. This guarantee is given in addition to all the Purchaser’s rights under common law or by act of parliament and does not reduce or alter any rights that you may have of rejection or refund which are granted to you by act of parliament.
7. Liability of the Company
The Company will not be liable for any delay in surveying, delivery or installation which is caused by actual unforeseeable events or events outside the Company’s control. Whenever possible the Company will endeavour to carry out the survey, delivery and installation with as little delay as possible should any of the above events occur. Any duration length of installation times/dates and survey appointments given are approximate and may vary, they therefore should not be taken as exact. The Purchaser must allow the Company to complete the installation once the installation has commenced. The Purchaser must make a full inspection of the installation immediately it has been installed and the Purchaser must then inform the Company as soon as possible if the Purchaser is dissatisfied. It is suggested that to avoid any misunderstanding, any complaint that the Purchaser may have should be made to the Company in writing. A delay in making any complaint could cause deterioration or damage to the units which could invalidate the guarantee. The Company will expect to be granted immediate access to the premises during the Company’s installation department’s business hours (normally Monday to Friday) to verify the complaint and if necessary to carry out any remedial work on subsequent visits. Such right of access will be subject to reasonable notice being given to the Purchaser. Should access not be granted to complete the installation and/or to carry out any remedial work, the Company will deem that any complaint has been withdrawn and all sums outstanding will be claimed from the Purchaser. Should any damage be caused to the Purchaser’s personal property during the installation or the remedial work, then details of any such damage should be notified to the Company in writing within 14 days from the date that the installation or the remedial work was carried out. Any claim for damage to the Purchaser’s personal property should not affect payment of the full remaining balance and the full remaining balance will still be due immediately the installation has been completed.
The payment of the total purchase price, less any deposit already paid by the Purchaser must be paid to the Company or its representative immediately the installation has been completed. All goods will remain the property of the Company until payment is received in full. When it is not possible to complete the installation in one stage then the Purchaser will be required to make a pro rata payment on account of the units already installed. The balance of the sums due should be paid when the installation has been completed. Any sums outstanding from the Purchaser will be subject to an interest charge at the annual interest rate of 4% above the base lending rate for the time being, fixed by NatWest Bank plc. Should the Purchaser have agreed to pay for the installation by obtaining finance through a financial agent introduced by the Company, the Purchaser must immediately the installation has been completed, hand over to the Company’s representative the signed finance authority to pay form. There will be a 2% surcharge made on all credit card payments.
9. Status check
The Company reserves the right to make any credit or other similar inquiries in respect of any customers before the installation takes place. If these inquiries reveal that there is a significant risk of payment not being made, then a) providing that you make a payment on account of 80% of the full contract price, the survey, manufacture and installation will be carried out. Or, b) the Company will supply to the Purchaser details of the poor credit reference in order that the Purchaser may take whatever action they deem necessary to correct the reference, in which case, the Sales Order Contract will be suspended for a maximum of three months from the date of the Sales Order Contract, until such time as a satisfactory credit reference has been obtained. Or, c) the Purchaser may cancel this Sales Order Contract and any deposit paid by the Purchaser will be refunded in full.
10. Cancellation Rights
The Purchaser has the right to cancel this Sales Order Contract. This right can be exercised by delivering, or sending written notice to the Company at any time within the period of 7 days starting with the date of this Sales Order Contract. You will be required to pay for any goods/services supplied before the end of the cancellation period. Should the Purchaser wish to cancel the Sales Order Contract after expiry of the 7 days cooling-off period then the Company have the right to claim from the Purchaser a payment equivalent to all expenses incurred by them in connection with this Sales Order Contract. Such expenses may include Sales Representatives commission, Company Surveyors fee, a reasonable administration charge and any other relevant expenses that may apply.