Terms & Conditions
1. In these conditions of sale, the “Company” means DL Windows Ltd; whose office is at 1a Clark Avenue, Calne, Wiltshire SN11 9BS. The “Customer” means the person, firm, or company from whom an order is accepted by the Company. “Goods” or “Products” means goods or services which are subject of such an order be it placed verbally, electronically or in writing.
2. The total outstanding balance is payable immediately after practical completion or delivery in accordance with the terms of the Contract. In the event of a remedial visit being required 10% of the outstanding balance shall be held until completion. Payment is to be made to the installer on the day of completion in cash or by cheque made payable to the Company, by bank transfer or over the phone on the day of completion. Any outstanding balances not paid in full by the Customer on the completion day of the installation will be compounded at a monthly interest rate of 4% above base rate. With Conservatories and Building Contracts, there will normally be stage payments as stated in the Contract, these payments will be due when invoiced and cleared payments made before proceeding to the next stage. Late payments will result in loss of any guarantee and FENSA or build control registration.
3. This order is accepted by the Company subject to a final technical survey, which will be carried out in daylight hours. Lead times quoted commence once final sign off and deposit has been received.
4. In order for the Survey of any apertures to be carried out: • Window systems must be satisfactorily complete (including, but not limited to, having a masonry sill present with a reveal either side and a fixed lintel across the head of such aperture). If we determine that a window system aperture is incomplete and/or incorrectly formed to the extent that we cannot accurately complete the survey, we reserve the right to reschedule the Survey until such time that the apertures are of a satisfactory standard. We will charge a rearrangement fee of £75 plus VAT for each aperture. • Floor systems must be at least to a screed level finish. If it is not possible to obtain an accurate floor level measurement you must provide a datum in respect of an existing floor level within the property and you take full responsibility for these If we determine that this is not sufficiently accurate we reserve the right to reschedule the Survey until such time that the apertures are of a satisfactory standard. We will charge a rearrangement fee of £100 plus VAT. • Rooflight systems must be pre-formed and In the event that the Survey is not able to be carried out you must either: a) provide a final size dimensions and take full responsibility for these measurements; or b) reschedule the Survey until such time that the apertures are of a satisfactory standard and we reserve the right to charge a rearrangement fee of £150 plus VAT. • Tolerances need to be allowed when forming apertures for the Goods which we can make available to you on request. We will not be liable for any incorrect apertures, internal or external finishes and floor heights. • Once the Survey has been completed the Survey report will be sent to you for your approval. Once we have received your confirmation that the Survey report is satisfactory, we will process your order. • If it becomes apparent that there are aspects that were not identified at the time of the original quote, the Survey identifies problems with the structure, dimensions, access to the Site or other technical problems, or in the event that the proposed works are contrary to Building Regulations and/or other relevant legislation or in the event that the surveyor’s measurements differ from those of the salesman which results in the requirement to increase the Price, then we may, at our option: ° quote a price for any additional work required to enable us to carry out the proposed installation work and issue you with a variation form to sign, without obligation on your part; or ° quote to carry out works in stages, which may result in stage payments and/or additional contracts; or ° give you notice to terminate the Purchase Order and refund your Deposit
5. If you wish to alter any of the details on the Purchase Order, you must give us written notice no later than two working days after the Survey.
6. The Company reserves the right to cancel this order in the event that the surveyor is not entirely happy that the Company can fulfil its obligations to the Customer within the Contract price. In this event, any deposit or monies in respect of the contract will be refunded in full by the Company.
7. The Customer hereby acknowledges that the items and diagrams in this contract and subsequent survey have been checked and are correct. Any samples, drawings, descriptive matter or advertising issued by the supplier and any descriptions of the goods or illustrations/descriptions of the services in the supplier’s catalogues, brochures or online content are issued or published for the sole purpose of giving an approximate idea of the goods/services described in them. They shall not form part of the order nor have any contractual force. Technical drawings relating to glass and profile specifications can be sent on request. The survey supersedes the original contract.
8. Risk shall pass to the Customer when Goods leave the Company’s premises where the Customer collects. Risk shall pass to the Customer when Goods have been installed by the company. Damages or shortages must be reported within 48 hours.
9. Notwithstanding that the risk in the Goods has passed to the Customer, the ownership of the Goods shall remain with the Company which reserves the right to possession and to dispose of the goods until such time that payment has been received in full by the Company and cleared through the Company’s bank account.
10. The Customer agrees to permit access to the Company, its servants, and workmen to the installation address at all reasonable times in order that the Company may carry out the works scheduled. If, within 28 days of being advised that the Company is ready to install, the Customer has not agreed to an installation date, the balance of the bespoke product* cost becomes immediately payable. A bespoke product is one that has been designed and manufactured to the Customer’s specification and/ or made to measure. For example, including, but not solely; glass, frames, bricks, stone, bespoke accessories.
11. The Customer will provide the free use of a reasonable amount of water and electricity.
12. The Company will take all reasonable care of the Customer’s property when carrying out the work but cannot accept liability for re-decoration upon carrying out normal duties of installation. Your project manager & point of contact will be the senior fitter on site who will also have the backup of the office management and team
13. The contract price does not allow for the repair or replacement of any rotten timber, defective lintels, hidden services or hazardous materials such as asbestos found during the course of carrying out the works or for the repair otherwise of any other structural defects unless such work is specified in the schedule of work. Any such work found to be necessary will be brought to the attention of the Customer and will be the subject of a separate quotation and additional payment.
14. The Company does not undertake to move services, fixtures or fittings which are ancillary to the basic structure of the property, e.g. radiators, pipes, electricity, telephone or television cables unless specified within the contract. The Customer shall remove all household fixtures, including curtains, nets and blinds, before the installation is due to commence. The Company does not take any responsibility for damage caused to any of the above, if not removed by the Customer whilst work is executed. The Company reserves the right to charge for wasted time if it is unable to carry out work due to site specific restrictions/conditions.
15. In the event that a third-party contractor instructed by you has carried out work that affects us carrying out Installation Services we reserve the right to immediately leave the Site. We will rearrange an installation date at our convenience only when the Site is safe, or we have made any necessary alterations to the Goods We will charge a rearrangement fee of £600 plus VAT.
16. No undertaking can be given that the Customer’s existing doors, windows or other materials can be removed so as to be fit for re-use or any other purpose and they will be removed from the site and disposed under license, unless the Customer instructs the installer to leave them. Every effort will be made to protect and clean working areas as best as practicable, but the Company cannot be held responsible for small fragments /splinters/ particles, which may still be present.
17. It should be clearly understood that no alteration or cancellation of the order, if signed by the Customer “subject to building society/bank/finance company approval”, can be made, unless written confirmation of the refusal of finance received from the building society/bank/finance company concerned is provided to the Company. At that time, this Contract will be deemed to be null and void and any deposit which has been paid will be returned to the Customer, less expenses incurred by the company such as but not solely; a survey.
18. The delivery or installation period quoted is that anticipated at the time of the order and will be improved on if possible. In the event that this Contract is not completed within the specified delivery period, the Customer may serve notice on the Company in writing, requiring that the work be carried out and completed within six weeks. If the work has not started within such extended period, the Customer may cancel the Contract without penalty on either side and without loss of any deposit paid by serving written notice by recorded delivery post to the Company. If works have been started but not completed within the extended period, a pro-rata charge will be made by the company and once paid the Contract will be deemed complete. Notwithstanding the foregoing, the Company shall not be liable for any delay in the completion of work which arises from causes beyond the reasonable control of the Company; In the event that time has been made the essence of the Contract, time shall not run during such delay or when a delay due to the Customer.
19. The Company’s liability to the Customer in respect of the direct or indirect consequences of any breach or non-performance howsoever caused or of the strikes or of lock-outs or of any other circumstance beyond the Company’s control or of non-supply by a third party or arising out of negligence or of any misrepresentation or of force majeure or of any other tort or breach of statute by the Company, its employees or its agents shall be limited to the price of the goods which are subject matter of the particular order. The Company reserves the right to treat the contract as at an end with no compensation payable to the Customer.
20. Conditions may exist or develop causing condensation to arise or persist and no guarantee against the reduction of condensation is implied or given; due to lifestyle, heating and ventilation of the Customers property or premises. In certain atmospheric conditions due to the superior insulation qualities of modern glazing the outside pane may become temporarily misted. It is important that this phenomenon is not considered to represent poor-quality double-glazed units, but rather proof of good thermal insulation. Further advice and information can be found on SaintGobain’s website.
21. The Company will, at its sole discretion, repair or replace all goods that are or become defective by reason of faulty materials or workmanship in line with our written guarantee. This guarantee is given in addition to and not in substitution for all the Purchaser’s rights under common law and by statute, provided that written notice of any such claim is given within that period. The Guarantee becomes void if the full price is not paid on the due date, or regular maintenance has not been carried – this includes but not limited to greasing of moving parts and cleaning with the correct products.
22. Quality of Glass and Glass imperfections: Whilst the Company will ensure that the quality of glass supplied is of a first-class standard, the Company cannot accept any liability whatsoever for defects arising from the glass suppliers normal manufacturing processes. Customers will not be entitled to reject units on account of any imperfection’s inherent of the manufacturing process of glass as set out by The Glass and Glazing Federation’s guidelines.
23. V.A.T. will be calculated on the agreement at the rate in force at time of order. In the event of change in V.A.T. rate, the Company will amend the rate to that which applies on the date of supply and /or installation and alter the balance due as necessary.
24. Whilst we as a Company may undertake planning applications, it is the Customers responsibility to make all relevant checks to seek if any consents are required i.e., planning permission, conservation areas, listed building consent, party wall act or such like. In the event of work having commenced without consent the Customer will be solely liable for any cost incurred and will be invoiced for the full bespoke price and cost of additional products and materials and labour carried out to that date.
25. Nothing in these terms and conditions shall be interpreted as excluding or restricting the statutory rights of the Customer.
26. DL Windows Ltd cancellation of contract and company policy can be found on our website or by request.