TERMS OF SALE
TERMS AND CONDITION OF CONTRACT
1. DEFINITIONS
1.1 THE MEANING OF SOME WORDS USED IN THESE TERMS AND CONDITIONS
“We, ‘Us or Our’ is a reference to Multitrades Windows & Doors Limited
‘You or Your’ is a reference to the person of whom we are providing our Services or Supplying Goods;
‘Goods’ means the goods we shall buy for you and which you will pay for;
‘Material means any materials, goods, parts or items we need to buy necessarily in order to perform the Services but does not include the Goods we will be purchasing for you;
‘Premises’ means the place where we will provide the Services as set out overleaf’
Services’ means the installation at the Premises of windows, doors, or other products specified overleaf;
2. ENTERING INTO A LEGALLY BINDING CONTRACT
2.1 These are the terms and conditions on which We supply Goods, or Services, or both Goods and Services to you.
2.2 Please ensure that you read these terms carefully, and check these terms are complete and accurate before you sign the contract letter. If you think there are any mistakes or require any changes, please Contact Us to discuss. We will confirm any changes in writing to avoid any confusion between You and Us.
2.3 When you submit the Order to Us, this does not mean We have accepted your order for Goods and/or Services. Our acceptance of the Order will take place as described in clause 2.4. If we are unable to supply you with the Goods/or Services, We will inform You of this and We will not process the order.
2.4 These Terms will become on You and Us when We issue you with a written acceptance of the Order, at which point a contract will come into existence between You and Us.
2.5 If a Contract is for supply only, then you shall inform the assigned Estimator about any finishing products (ie. Architraves, screws, trims, silicon) You require, and they shall be added at a cost to your order. Otherwise, no sealants or fixings will be included in this Contract.
2.6 Supply-only Orders are anticipated dates and this date can change at any time, ie. Delays by our suppliers and delivery, we reserve the right to be not held accountable for the above in signing the Supply only order you are accepting these terms.
We need to emphasize that all lead times are only estimates and currently all components’ deliveries remain affected due to nationwide supply chain disruptions and raw materials shortages (until further notice).
Due to the current supply chain conditions, we can only confirm your final date of installation once we have physically received all components. If your installation/delivery dates changes, please be assured we are working fast as we can to have your order with you as soon as possible, maintaining the high quality that you associate with our product.
3.0 THE SURVEY
We will try and carry out the survey after the deposit payment has been made within 2 weeks of the date of the contract. Please understand, however, that this period is not a condition of the Contract between Us.
When we carry out the survey at the Premises, our Surveyor may find existing defects that will have to be remedied before we carry out the Contract. The Surveyor may also find that sizes are not correct as given and this may affect the cost that You have been quoted for and any addition will have to be added to your Contract and be updated and signed by You.
There is one survey that is included in the Contract and therefore free of charge.
Any additional Surveys costs £250 plus VAT, depending on location and number of units to be measured.
The Customer or Representative signing this Contract must be present during the final Survey to provide us with the required details/otherwise we reserve the right to leave the premises without taking any measurements and apply charges for consecutive surveys. Site openings must be ready for our Site Survey, if we attend the site and this is not completed then we reserve the right to charge you for any consecutive surveys.
If we attend the site and there is unforeseen additional work being required at an extra cost to You or your property being unsafe or unsuitable for work to be carried out, or if work would not comply with Building Regulations, both You or We have the right to cancel the Contract.
4.0 Installation
Once, We and You have entered a legally binding contract We will provide an anticipated Start date for the Installation at the Premises.
Please note:
4.1That the Installation date provided at the point of Order is an anticipated date based upon the size and nature of the Order and should not be deemed a definite Installation date. Any changes to signed-off Orders will delay the dates quoted. Should we become aware of any potential delay in the supply of your Order, We will advise you in writing by email at the earliest opportunity.
4.2 During Installation You will provide us with free and uninterrupted access to the premises to enable us to carry out our Installation.
4.3 Our fitters will be happy to answer any questions after they have completed the Installation.
4.4 We do not give permission for you to record our Installation team during or after Installation.
4.5 Parking, if our Install team cannot park outside on your driveway and you are in a restricted area (eg. Resident parking only) you are required to provide us with a relevant parking permit to park with convenient and close access to the Installation site. If you require our registration plate for the team, please contact the office and we can provide this for you. We have the right to refuse installation if this is not arranged.
If we have to pay for pay and display charges, then you will be charged an additional cost of parking and this will be added to your final balance plus VAT daily depending on location cost.
4.6 You will take full responsibility for the safety of all person (s), and in particular children and animals and residents at the Premises.
4.7You will obtain all necessary consents, permission, and approvals (including not limited to Freeholders/Managing agent’s consent. LA Planning approvals, where applicable) before we Start to Manufacture goods and perform the services.
4.8 We finish Installation by applying filler, sand and cement where necessary and with plastic architraves around windows and doors.
We don’t plaster, do pointing, paint or decorate walls and surroundings.
4.9 You should discuss all finish options with your Estimator before signing the Order.
4.10 Any other finish, if the finish is not specified in the contract, we will only install the windows and doors with expanding foam. We assume third party will perform further finish works.
4.11 Goods will only be Installed if Pre-Installation requirements have been fully met.
4.12 In the event that you or your builder have not prepared the site for us to be ready for Installation or if you attempt to cancel the Installation without 48 hours’ notice, We reserve the right to charge you an attendance fee of a minimum of £300.00 per person plus VAT calculated based on the number of Install team attending and any significant factors and costs that Multitrades may incur and agree on another date for Installation, please note that this could be one or two weeks delay as we are working to a Schedule of works.
4.13 If you wish to split the installation into stages, please note that we require full balance payment on completion of stage 1 and prior to stage 2
4.14 You will allow installation to commence within the estimated installation period.
4.15 Please note that after 6 weeks £20/day storage fees apply plus VAT
5.0 Cancellations
5.1 We do not accept cancellations by phone or email on Saturdays and Sundays as we are closed.
5.2 Any cancellation must be given within 48 hours Monday to Friday only.
5.3 If only part of the site is ready for Us we will carry out the services where possible and you have to allow us to return within 14 days. If this period is longer than 14 days then we will send you storage fees being £20 plus VAT per day.
6.0 Completion of Installation
6.1 We will let you know how many days the Installation will take and please note this is an estimate as sometimes Installation can take longer due to unforeseen circumstances, We will ask You or Your representative to be present at the Completion of the Installation to Inspect it along with our Team, please check all windows and doors handles and our team will show you how to use the window and doors and locking mechanism.
6.2 We will ask you to sign our Satisfaction Note and if you would like to fill in our feedback form.
Please note: Sometimes it is necessary to carry out finishing service and we will try to accommodate you in our Schedule as early as possible.
7.0 Third party on site
If a third party is involved in building works at the property during our Installation, we will not take responsibility for any damage, cleaning or maintenance on our products once we have left the site, it is Yours and Your builder’s responsibility to cover glass, door frames, thresholds with protection, our Installation Team will take Photos once they have completed the Installation.
8.0 PROVISOS
8.1 We do not warrant that additional or replacement windows will eliminate or control condensation.
8.2 All reasonable care will be taken but we shall not be responsible for damage caused to internal and external decoration, ceramics or other tiles other than rendering or plastering necessary to complete the contract installation
8.3 You are responsible for removing carpets, furniture, tiles, brickwork, electrical connections, radiators, telephone boxes, window and door alarms, and cables and you have to make sure that no cars or other valuables just in front/side of your property relevant to the area of Installation as we will not be responsible for any damage caused in this respect. You are additionally responsible for removing and reinstalling any affected blinds/curtains/curtains poles and hooks/cables. Door and window connection for alarms (you must arrange this prior and after with your Alarm company) window boxes prior to and upon completion of Installation. We are not responsible for such removal or reinstatement.
8.4 We will not replace sills or internal window boards except where specified in the contract.
8.5. Any time or date specified by Us at the time or date on which goods will be delivered and/or installed is given in good faith but is intended as an estimate only and we shall not be liable for any loss, damage, or expense whatsoever arising, from delay in delivery and/or installation/maintenance.
8.6 We cannot accept liability for any delay in delivery or attendance caused by our or your third-party contractors.
8.7 We reserve the right to update the specifications of the materials and components of the system. Such modifications may be incorporated without prior notice.
8.8 We shall only be liable for any loss or damage suffered by You which is reasonably foreseeable as a consequence of a breach of this Agreement. In the event that any loss or damage suffered by you relates to your business activities or use of the Premises for commercial purposes then we exclude all liability and in particular, we exclude all liability for loss of profit or other economic loss arising out of breach of this contract.
8.9 Showroom samples and representatives are used to demonstrate a typical window and its composition. Windows and door (s) shown in the contract will be measured and manufactured in the way considered suitable by us and pursuant to our policy of continuous improvements to our product. Surface coating are provided in a batch process only and maybe subject to colour variance to any colour swatches/samples. Colour swatches/samples are expressly provided for guidance only and do not form an enforceable part of the contract.
8.10 If the Order is for supply only then please note that we will deliver it to the site in a kit form and the customer will be responsible for assembling frame (s)/glass on site. Installation manuals are available upon request.
8.11 Drawings in the contract/quotation are for shown for design guidance only. We can provide standard cross section/CAD drawing at the Customers’s request. Any non-standard technical drawings reflecting the product will be charged additionally. We require an upfront payment for producing drawings and will commit to providing them within 10 working days depending on number of items.
8.12 Multitrades Windows & Doors will photograph the installation of the Goods before, during and upon completion of the installation services for internal administration purposes. The photographs remain the property of Multitrades Windows & Doors. We also may occasionally use the images in company literature and all types of marketing- if you do not wish your property pictures to be used for these purposes please let us know in writing to info@multitradeswindows.co.uk before installation.
8.13 The images of products on our website and other marketing materials are for illustrative purposes only and do not form part of our Contract. We cannot guarantee that they accurately reflect the colour of the products that will be delivered to you as there are many factors that can affect colour and product viewed in print or digital media for example change in lighting. device used to view images and the screen display is configured print setting and fading of print materials.
8.13 We will only use your personal information as set out in Privacy policy.
6.0 STANDARD OF WORK
1. Our aim is to always provide you with the Goods and Services: 1.1 Installed in accordance with the relevant Building Regulations and British Standards. 1.2 In compliance with PWF (The Plastic windows and doors Federation).
6.1 PAYMENT
1. The ‘deposit’ payment shall be paid upon placing of this Order The second payment is due 2 weeks before the installation. The balance payment of 10% Is due on the date of Installation, We ask you or your representative to be present on the final day of installation, We reserve the right not to complete installation if there is no one present on the final day of installation and We will charge you further day rate for our fitters team to come back and complete the installation. All goods remain the property of Multitrades Windows & Doors until they are paid for.
2. You will not refuse to pay any amount owing to us where there is only a minor or inconsequential defect or error in the performance of the Services.
6.2 SITUATIONS OR EVENTS OUTSIDE OUR REASONABLE CONTROL
1. There are certain situations or events which occur which are not within our reasonable control (some examples are given in the next numbered paragraph). Where one of these occurs, we will normally attempt to recommence performing the Services as soon as the situation which has stopped us from performing the Services has been resolved. In such circumstances, there may be a delay before we can start or continue performing the services.
2. The following are examples of events and situations that are not within our reasonable control.
2.1 Where weather conditions make it impossible or unsafe for us to perform any of the Services.
2.2 If the materials or Goods are not delivered on the date or at the time agreed with the supplier of the Materials and/or Goods (and it is not possible to obtain a replacement from an alternative supplier at all or within a reasonable amount of time, or the price charged by the alternative supplier is excessively higher than by the original supplier if ordered at short notice).
2.3 Where you make a change in the Services you wish us to perform (and this results in, for example Materials and/or Goods, Us having to do further work or wait for new or different Materials and/or Goods.
2.4 Where we have to wait for other providers or services (who have been engaged by you) to complete the work before we
GUARANTEES & WARRANTIES
Guarantee documents relevant to your particular product will be issued upon completion of Installation, provided that all outstanding monies that are due to us are paid in full and you signed a satisfaction note on completion of the Installation.
All other products/components supplied by third parties are covered by Manufacturers Guarantee ie. Rooflight and Skylights, Integrated blinds, please refer to our Guarantee document on our website multitradeswindows.co.uk if you would like a copy please let us know. We reserve the right to replace any supplied original products, with alternatives, if the original product is no longer available.
We will use only good glass manufactured to, and in accordance with standards in the window and door industry.
Any defect in the glass area will be examined and inspected in accordance with common double glazing standards. Spontaneous Breakage of Toughened Glass : These breakages can occur months and even years after the glass has been installed. The presence of nickel sulfide (NIS) inclusions may cause toughened glass to spontaneously break after installation. This is rare but naturally occurring phenomenon in the float glass manufacturing process. We (Multitrades Windows & Doors Ltd) shall not be liable for any losses, claims damages, liabilities, cost or expense incurred by the Client or by and End User as a consequence of any defects existing in toughened glass (whether heat, treated or not) caused by its manufacturing process”.
Despite the fact that your statutory rights remain unaffected, this guarantee does not extend to:
Minor imperfections within the glass and outside the scope of the visual quality standards of the supplier; 6.1 Damage due to misuse, neglect or lack of maintenance by You, damage by gardening machinery ie lawnmowers that a stone has hit the glass, wear and tear on ancillary products used for finishing such as cement/mortar/silicone/architraves or caused beyond our control )for e.g. fire. Flooding. civil disturbance, criminal damage or acts of war.
Any work (s) carried out by other associated with this Installation or to those parts of this installation affected by work (s) by others, other than work (s) carried out by this company or its employees and subcontractors .
Internal condensation is caused by excess moisture in the domestic environment, not external condensation which can occur in certain climate conditions in spring or autumn.
Guarantee documents will only be issued to the person/company who signs the contract with us. Any alterations to warranties with be chargeable at £25 plus VAT fee after a specific procedure is followed
Due to data protection policy we cannot discuss or disclose any details of the order with third parties, we are only able to speak to the contract account holder ( person who signed the contract). All aftersales service visits will be carried out only at the request of the contracted person or permission in writing needs to be given to authorize someone else so we can deal with a non-account holder.
We are not responsible for emergency service calls and do not cover the cost of third parties called to attend to do such services. Any alterations done to our products by third parties will invalidate the warranty.
CANCELLATION BY YOU
Once We and You enter a binding contract you will normally not be able to cancel this contract, except where we are as otherwise provided for in this contract.
You may cancel the Contract without penalty during the cooling-off period, which shall run for seven days from midnight on the day on which the Contract was signed or otherwise entered into by You (excluding Sundays or Bank Holidays).
Any such cancellations must be written notice to Us, and may be affected by sending to us the Cancellation Form provided.
If you allow us to carry out a survey or any other services within the cooling off period, we will accept our confirmation as an express consent and we will not refund the cost of the survey (£250 plus VAT) or other services from money you already paid to us,
After seven days and up to 14 days after signing the contract/15% of the contract price will be charged as a cancellation fee.
If we agree to cancel the contract after 14 days, then you will be responsible for the cost of 6.1 Any of our time in performing Services up to the date we stop providing the Services; We reserve the right apply an administrative weekly charge of £20 plus VAT. 6.2 Any Materials we are contractually committed to buying up to the date of termination (whether or not we need to pay for them before or after the date the contract between Us and you is cancelled). Any Materials we have purchased (but not used in performing the Services) will be delivered to you.
In the circumstances stated in clause 2 we will first deduct the amounts for which you are responsible from any deposit you have paid, Any remaining deposit will be returned to you. If the amount owing is greater than the deposit paid, we will invoice you for the amount in excess of the deposit.
If you purport to cancel the contract or give notice purporting to cancel, or otherwise do not fulfill your obligations (such as not pay any sums due to be paid to us) in a way which amounts to you cancelling the contract, we do not have to accept your cancellation except as provided in clause 2 or as otherwise provided for in this contract.
However, we may choose to accept a cancellation, and if we choose to do so you will be required to pay us a reasonable amount for the losses and costs (including loss of profit) we have suffered. If you have paid a deposit, this will be retained and if our reasonable losses and costs (including loss of profit) are greater than the deposit we have retained we will require you to pay for our losses and costs in excess of the deposit retained.
Value of this order is subject to current material and components cost. If you wish to resume your project after cancellation by you or by Multitrades Window & Doors, we cannot guarantee to keep the same prices in the future.
CONTRACTS (Rights of Third Parties) ACT 1999
For the purpose of the Contracts (Rights of Third Parties) Act 1999 this contract is not intended to. And does not give, any person who is not a party to it any right to enforce any of its provisions.
COMPLAINTS PROCEDURE
Multitrades Windows & Doors is committed to providing the highest quality window and/or door, rooflight, sky lights, conservatories service to all our customers. When something goes wrong, we need you to tell us about is.
If you have a complaint of any kind, please contact us with the details in writing. We will send you a confirmation acknowledging receipt of your complaint within seven days of receiving it.
We will then investigate your complaint. This will normally involve passing your complaint to our Customer Care Manager who will review your complaint and speak to the team that worked on your Installation. We will then arrange a visit to your home or premises to discuss and hopefully resolve your complaint. We will do this within 14 days of you sending you the acknowledgment letter. Within 5 days of the visit, we will write to you to confirm what took place and any solutions that were agreed with you. We will send you a detailed written reply to your complaint within 21 days of sending you the acknowledgment.
A complaint will be considered closed, if you write to accept the findings of our response or fail to respond within 14 days of receiving the communications from Multitrades Windows & Doors detailed in points above.
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