In these Conditions of Sale, North London Windows Limited is referred to as ‘the Company' and the person/s signing are referred to Customer'.
Orders are accepted on the basis that these Conditions of Sale apply to the exclusion of any conditions printed on the Customers own stationary. Customer requirements given verbally must be confirmed in writing otherwise the Company accepts no responsibility for errors in interpreting or delay in processing the order. The Company will not accept any variations or alterations to the order placed by the Customer unless confirmed in writing by the Company. Acceptance of any such variation or alteration is at the discretion of the Company and may result in extra charges being made by the Company. The Customer is advised that goods ordered under this contract are purpose made specifically for the Customers' particular requirements and as such are not resaleable to third parties.
The placing of an order with the Company will be deemed to bind the Customer to the following terms and conditions and no oral representation shall bind the Company. Any variation or alteration in the following terms and conditions should only be binding upon the Company if made in writing and signed by the Director of the Company.
This Contract is accepted by the Company subject to its approval of a final survey by the Companies' Technical Surveyor and which will be carried out during daylight hours. When the final survey has been carried out, the Company unconditionally reserves the right to cancel the contract whereupon any deposit will be refunded. If the customer cancels the contract after the final survey has been completed, a fee for the surveyor and any administration costs will be deducted from the customers deposit refund.
Although we will try our utmost to be accommodating when booking an appointment with our surveyor, no specific times can be previously booked. Customers will be given 1 hrs notice by the surveyor on the day of the appointment. On the day of the surveyor’s appointment if the customer is not available/on-site when the surveyor calls to attend, a cost will be applied and the appointment re-booked.
Costings may change, subject to survey.
If the installation is not required by the Customer within 12 weeks from the date of this contract, then the Company shall be at liberty to charge the Customer the price for the products ruling at the expiration of the said 12-week period, in substitution for the price shown in this contract. Where a Customer, having agreed to an installation date, refuses to allow installation to proceed, then the Company shall be at liberty to charge the Customer the price for the product as shown in this contract.
On receiving the order confirmation customers must ensure they have checked the order thoroughly prior to signing and returning. Customers must contact the company to ask any questions or clarify any details of the order. Order sign off is solely the customer’s responsibility. Once an order has been signed off by the customer and placed in production, changes will be unable to be made.
Any installation cancellations must be advised, in writing, at least 5 working days in advance. If cancelled less than this, a charge of 5% of your contract cost pre-VAT will be applied, subject to a review of the circumstances and at the companies discretion.
The Customer shall permit the Companies' representatives* to have access to their premises at any reasonable time to enable any requisite preparatory work to be carried out. The Customer must allow the Company access to an electrical supply in order to proceed with the installation. The Company will advise the Customer when the products are ready for installation and if within 14 days a date for installation has not been agreed by the Customer, being a date no more than four weeks hence from the Companies' notification, the purchase price will become due and payable immediately.
The Company cannot be held responsible for any loss or damage caused by delays in manufacture or delivery of goods because of circumstances beyond The Companies control.
If the customer arranges for cranes or equipment for their initial installation, they will need to meet the cost if the equipment is required again for any future works.
With New Builds/extensions: all external preparations are the responsibility of the builder, Architect and customer. If the preparation has not been completed in accordance with the requirements/building regulations, and the company is unable to complete the installation, a charge will be applied for the installation to be rebooked with the engineers.
Finished floor levels are the responsibility of the builder or customer. For flush flooring – NLW will provide the products threshold details. It is the customer/builder’s responsibility to provide the overall height. Threshold and Height measurements will need to be signed off by the customer/builder/architect on survey.
For the installation of roof and door systems – the area must be prepared and level, ready for the installation to accommodate our door/window and roof systems, i.e.
A) Solid Level Base
B) Upstands/kerbs
C) EDPM in place if required.
It is the builder/customer/architect’s responsibility to enquire if any further assistance/information is required. If any issues arise in the long term that are deemed to be due to the pre-installation preparation not being completed correctly: the company cannot be held responsible.
With new builds/extensions, the builder/customer is responsible for ensuring openings are constructed correctly/ as per buildings regulations, prior to our engineer’s arrival on site to commence installation: i.e.:
A) The doors have a solid base in place.
B) EDPM is in place.
C) If external drainage is required; this has been installed by the builder.
Please be advised that products with low thresholds are not weather rated.
Please ensure that if extra keys need to be cut this will need to be addressed by a reputable company-or with the manufacturer directly – please contact us for further information if required.
The Company does not warrant that the installation of double glazing or replacement windows will eliminate condensation problems, and The Company cannot accept responsibility for prevention of condensation.
No liability is accepted by The Company under the warranty for any defect in Goods arising from imperfections in materials supplied by the Company suppliers of Aluminium, UPVC and glass (As per Glass and Glazing Federation)
Demonstration windows, doors and other products are used to demonstrate the workings of a typical product and Its composition. The windows or other products detailed in the Schedule overleaf will be manufactured and installed by the Company using such manner and materials considered suitable and pursuant to the Companies' policy of continuous development in the standard of its products and manufacturing and installation methods. The Company reserves the right to make variations in the design and specification of its products and method of installation without notice. The Company shall be under no obligation to supply goods exactly conforming in appearance to samples or goods previously supplied.
If the Companies' products prove to be faulty the Company will, at the Companies' option, replace or repair the product, free of charge. The Companies' formal written warranty will be forwarded to the Customer following completion of the installation by the Company and full payment by the Customer.
In the event that the Customer declines to permit the Companies' surveyor to survey the property, either on the date notified to the Customer or any other date agreed between the Customer and the Company or in the alternative the Customer declines to agree any such date, then the Company shall be entitled to treat this contract as cancelled by the Customer in which case administrational charges may be applied.
During the installation, our installer will take all reasonable care. However, the Company shall not be under any responsibility whatsoever for any damage to internal or external decoration (including brickwork), existing flooring (tiles, wooden flooring, laminate etc) or furniture caused by the installation. The Company is only responsible for making good – 3 inches around the installation area. The Company cannot be held responsible for the re-fitting of Blinds, Curtain Rails, Shades, Alarm Systems, WIFI AND Doorbell, etc. Furthermore, no glass will be removed in one piece.
On installation, if there are any unforeseen circumstances that were not visible on survey - extra charges will apply for any additional items required to complete the installation.
Payment of the outstanding balance due to the Company shown overleaf, falls due upon delivery of the product ordered or upon the installation of the product, where an installation of the product is part of the Contract. Payment should be made by the Customer by way of Cash (for which a Company receipt will be given), or Bankers Draft. Payment by Credit Card will be subjected to 2.5% administration charge. If the Customer alleges the fixing is incomplete as a result of a defect, the sum withheld is not to be greater than 5% of the contract value. If payment has not been made on the date it falls due and in accordance with these conditions, the Company shall have the right to charge interest at the rate of 3% per month until the payment has been made in full.
The Company accepts no responsibility for the removal and re-fitting of any “Alarm, WIFI, Doorbell, Telephone wiring, CCTV".
Where the Company is required to remove any existing fascia, soffits, gutters, down spouts, etc. the Customer hereby authorises the Company to dispose of the same as the Company sees fit in its absolute discretion. The Company however is not obliged to dispose of such items and may leave them on the Customers premises.
The entirety of the products to be delivered and/or installed by the Company, shall remain the property of the Company until the Company is paid in full, and the Customer hereby authorises the Company to enter upon his premises to remove the same, if the Company have demanded payment of the Customer and that demanded remained unsatisfied after seven days. Where the Company has recovered its products it shall not be under any obligation to make good or weatherproof any opening thereby created and further shall be at liberty to dispose of such items and apply any monies received towards satisfaction of monies owed by the Customer to the Company. Legal ownership of the goods shall be held by the seller as set down under the general principle of A.I.V. - v - Romalpa (1976).
Arbitration in the event of any dispute or difference arising between the parties out of or in relation to this Agreement, the same shall be decided by an Arbitrator appointed by agreement between the parties or in the event of their failure to agree, by an Arbitrator appointed by the Vice President of the Chartered Institute of Arbitrators in accordance with the provisions of the Arbitration Act 1950 and 1979 or any statutory modification for the time being in force.
On completion of the installation, we request The Customer is present in order to be shown how to correctly operate our products and inspect the final installation. Upon inspection The Customer will be asked to complete a satisfaction form for The Company to uphold and improve its overall service. The Customer must notify the installers of any defects or alterations required before they leave the site as they have the necessary tools and material to make any adjustments. If The Customer is not present on completion of the installation and calls the company back due to a defect or an alteration, The Company will charge the customer a fee of £250, plus a charge for the engineer’s time as this could have been rectified if The Customer was present on completion of the work.
Replacement or repair of any defective parts is carried out at the sole option of North London Windows. Under no circumstances will The Company be liable for any incidental or consequential charges.
Glass imperfections in 50mm band around the edge of the glass is not considered to be part of the normal viewing area. Any imperfections found in the glass will pass GGF guidelines if not viewable from 3M away, as per GGF Guidelines – (please see the GGF Website – www.ggf.org.uk - for additional information.
Aluminium profile imperfections should be viewed as per the Qualicoat industry standard at a distance of: internally 3m and externally 5m in natural. (please see Qualicoat website - www.qualicoat.net – for additional information)
Payment of the total price (less any deposit paid) shall be made by The Customer to The Company (or its representative) immediately upon installation. No compensation will be applied on completion. Full and Final balance is due on completion.
10% final payment to be made on completion, prior to the engineers leaving site. All payments are to be forwarded by BACS. Card payments are subject to a 2.5% administration charge.
In the formulation of the Contract the use of abbreviations and product codes Is unavoidable. If you are uncertain as to the meaning of any of these please request clarification from the Salesman and/or Surveyor.
The signature of this order by the Customer shall be prima facie evidence that the Customer has read and understood the companies terms and conditions. That the Customer accepts the same and considers them to be reasonable in all the circumstances and in particular in view of the fact that the Customer is at liberty to order from another supplier.
The Company shall not be liable for any consequential loss, howsoever caused.
Where a pre-booked installation date cannot be honored by the Company for reasons beyond the Companies' control, e.g. Adverse weather conditions, sickness, vehicle breakdown, industrial action, the Company reserves the right to issue the Customer with a new installation date. Such changes do not constitute a breach of contract and therefore the Contract cannot be subject to cancellation by the Customer or entitle the Customer to pursue any claim for compensation against the Company.
The Customer/Occupier agrees to accept the duty of care set down within the Occupiers Liability Act 1957, regarding the structural stability and integrity of the premises referred to over. Furthermore, the Occupier accepts that there is an implied warranty owed by the Occupier to the Company that the premises detailed overleaf are as safe as reasonable skill and care can make them. Injury to any Company representative due to a breach of the above act will deem the Occupier liable at common law.
Once the installation has commenced the Company reserves the right to continue with the installation until it is complete.
On arrival to commence installation: if there is an access issue and we need to re-book the installation with our engineers, this will incur extra charges.
Where the Company incurs any costs in enforcing its rights and remedies against the Customer (howsoever sourced or arising) then the Customer agrees that he shall indemnify the Company on a full indemnity basis against such costs the same to be a debt due from the Customer to the Company. I.E if legal proceedings are required.
The Customer 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 regulations and in particular that he has lawfully obtained every necessary license permit or authority required in connection therewith.
Where the Company undertakes associated building work, all reasonable effort will be made to ensure matching of a new to existing brick/stonework, etc. However, no guarantee can be given to this effect, particularly in regard to matching the effects of weathering.
If in future, parts (handles, hinges, etc.) and/or any of our product systems are required to be changed, they may not match exactly, as our hardware is updated regularly.
Cancellation - This agreement may be cancelled, and your deposit refunded on receipt of written notice within 7 days from the date of signing. In the interest of certainty, it is recommended that any cancellation notice be sent by recorded delivery. If cancellation is requested by the Customer after the initial 7 days, and agreed by the Company, a fee will be charged to the Customer in respect of any administration or other expense incurred by the Company.
It is the responsibility of The Customer to inform the company of any parking permit restrictions at the location of the installation. Where parking permits are required, The Customer must communicate this to The Company at the point of sale, and must make the parking permit available on the day/s of installation. Any fines relating to parking permit incurred during the time of installation will be passed on to The Customer.
It is the responsibility of the customer to ensure final documents are issued, Fensa registration is completed, and Fensa ID number advised on completion of installation, as per Fensa guidelines. (please see Fensa’s website – www.fensa.org.uk – for further information.)
All calls to our offices are recorded for training and monitoring purposes.
All Terms and conditions are subject to review, updates and maybe subject to change.
Office: 0208 345 6008
Email: [email protected]
Unit 14, Chingford Industrial Centre,
Hall Lane,
Chingford
London
E4 8DJ
Monday - Thursday: 08.00 - 16.30
Friday: 08:00 - 16.00
Weekends: Closed