Composite Door – Terms & Conditions
1.1 “Test Valley Glass and Window Company Limited” shall be called “Test Valley Windows” or the company.
1.2 Written notice where required shall be given by prepaid post to Test Valley Windows, Units 17-18 Glenmore Business Park, Colebrook Way, Andover Hampshire SP10 3GZ or via email from contacts page on website www.testvalleywindows.co.uk
1.3 “Premises” shall mean “the installation address”.
This agreement is made between Test Valley Windows and the Purchasers and shall not be assigned without Test Valley Windows’ written agreement.
Any illustrations in Test Valley Windows promotional literature and documentation are for the Purchaser’s guidance and information only and will not be to scale.
4.1 Any variation to this agreement must be in writing and signed by both parties.
4.2 The estimated period of delivery will run from the date of such change (or when the contract is financed by a Building Society or Finance Company, from the time that confirmation of approval of the loan is received whichever is the later).
5.1 This agreement is conditional upon Test Valley Windows Surveyor’s approval of the Schedule of Work following inspection.
5.2 Test Valley Windows reserves the right to make such modifications to the Schedule of Work, as their Surveyor deems necessary.
Demonstration windows, doors and other products are used to demonstrate the working of a typical product and its composition and are sample products only. The windows or other products detailed in the schedule overleaf will be manufactured and installed, using such manner and materials as Test Valley Windows considers suitable. Pursuant to the Company policy of continuous improvement of the products, Test Valley Windows reserves the right to make any minor modifications in design, specification or composition, as it shall think fit.
The sole purpose of Test Valley Windows Surveyor’s inspection is to ascertain the feasibility of the installations shown in the Schedule of Work. He will not undertake a general survey of the premises. His inspection will be confined to those areas of the premises which directly relate to the proposed installation. Test Valley Windows will not be responsible for remedying any defect existing before the installation date or any damage arising there from.
8.1 The Company will not be liable for any delay beyond its control and the customer shall have no claim or recourse against the company for unavoidable circumstances, i.e. sickness, transportation problems, weather, delay due to building regulations or planning applications, schedule changes due to such prior delays, or rejection of products due to our quality control etc.
8.2 Upon receipt of notice that the goods are ready for installation by Test Valley Windows, the Purchaser shall by arrangement afford access to the premises. The Purchaser will not be liable for any delay, and the Company shall have no claim or recourse against the customer for unavoidable circumstances. The Company can, however, ask for a fair balance to be paid for, less the installation costs, which would be 85% of the order value.
9. Additional Work
9.1 Test Valley Windows 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, television cables, burglar alarms or gas services.
9.2 Test Valley Windows will endeavour to ensure that the works match existing finishes but will not be liable for non-matching of existing materials and cannot guarantee the matching of external specialist finishes such as pebble-dashing, Tyrolean finish or similar material. When variations occur in existing plaster lines Test Valley Windows cannot ensure that equal amounts of the frame will be visible all round.
9.3 Test Valley Windows will make good, ready for decorating, any damage caused in the course of installation to plaster, floor, rendering or pointing immediately surrounding any window or door installed. Test Valley Windows cannot, however, guarantee to avoid causing superficial damage to surrounding wallpaper and paintwork or to prevent damage to ceramic tiles in the same area (the making good of this damage is the Purchaser’s responsibility). No painting or decorating will be undertaken unless specified in the contract.
9.4 Should there be any damage caused to external brickwork due to any defect (i.e. no supporting lintel) the customer will be liable for any repair work and costs this may incur.
9.5 Test Valley Windows cannot undertake to remove intact, any existing glass, frames or secondary double glazing units or guarantee to remove or replace existing secondary double glazing units without causing damage.
9.6 All materials removed during the course of installation will be cleared from the site and cannot be retrieved thereafter. If any materials are required to be retained *(but see clause 9.5 above) this must be clearly stated on the contract.
9.7 Any additional work required for Test Valley Windows to complete the contract must be carried out at the customer’s cost and within a reasonable time span, generally six weeks.
9.8 Additional works do not have to be performed by Test Valley Windows, but this may, in certain circumstances, affect your guarantee.
Will be payable by the Purchaser at the appropriate rate.
11.1 All goods supplied as per the contract remain the property and deed of the title of Test Valley Windows until the full contract price has been paid.
11.2 The outstanding balance (after the initial deposit and any stage payments are paid), is due for payment on satisfactory completion subject to the conditions 11.3 and 11.4.
11.3 Test Valley Windows endeavour to arrange a suitable fitting date with the customer following an order being placed. If, after 3 such attempts, the customer refuses to accept a fitting date, the Company will treat the customer is in breach of contract and will recover all reasonable losses incurred (including loss of profit).
11.4 In the event of any outstanding issues after practical completion of the contract, the customer may withhold a reasonable sum of the contract value or the value of the issues (whichever is the lesser) until they are resolved.
11.5 Any sum outstanding following completion will be subject to interest, which shall run from the date of the invoice to the date of actual payment, at the rate of 3% per month above the current base rate set by National Westminster Bank. The customer will be liable for any costs incurred by Test Valley Windows in the recovery of any debt.
11.6 Your failure to pay the balance at substantial completion would be a breach of this agreement.
11.7 Test Valley Windows personnel are authorised to accept cash, cheque or Home Improvement Grant documents in favour of Test Valley Glass and Window Company Limited only. If cash is paid, you must request a written and signed receipt from Test Valley Windows personnel to whom you hand the cash over to and retain for your record.
12.1 Subject as expressly provided in these Conditions, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
12.2 The Company warrants that (i) on delivery the Goods will be of satisfactory quality and in accordance with its Specification and be free from material defects in design, material and workmanship; and (ii) it shall provide any services relating to the provision of the Goods using reasonable skill and care.
12.3 The Company further warrants that, for a period of 5 years from the date of installation in accordance with Condition 6 and subject always the Goods being handled, stored and applied in full compliance with any guidelines that are issued by the Company its woodgrain foils shall maintain (i) colour stability (ii) impact strength and (iii) shape retention subject to condition 12.10.
12.4 The Company warrants that, for a period of 10 years (except for the dark wood and Oak finish which will be 5 years) from the date of installation, its composite door, door set and door slab for domestic use as follows: (i) will not fade outside accepted tolerances contained within GRS (Grey Scale Rating) 3-4 according to BS EN ISO 11341 for paints and varnishes; and (ii) in respect of door leafs only (ii) in regular use the doors will not crack, chip, blister, flake or peel. Thermal Movement will occur as with UPVC and Timber products and is normal, as the product will revert back to within its natural flat plane tolerance as long as the installation guide lines are observed. Subject to Condition 10.5, liability for Thermal Movement is therefore excluded. Condition 12.4 is subject to correct product maintenance see 12.10
12.5 Subject to the provisions of this Condition 10.5 the Company warrants that (i) for a period of 5 years from the date of installation, for those part of the Goods which are hardware (including door hinges, lock sets, handles) and (ii) for a period of 10 years from the date of manufacture, its stainless steel furniture and ERA Vectis locking system, shall continue to function satisfactorily. These warranties shall not apply where handles, hinges and locking system have been subjected to stresses and operating forces beyond recommended levels as stipulated by the GGF guidelines and British Standards Code of Practice.
12.6 The Company warrants that, for a period of 10 years from the date of installation, its composite door glass units will be free from (i) obstruction of vision arising from deposition of moisture or deterioration of inner glass, subject always to such units being maintained in accordance with any guidance provided by the Company. This warranty excludes any breach caused by (i) undue impact or any neglect; (ii) misuse; (iii) building subsidence; (iv) willful or neglectful damage or excessive wear and tear; (v) modifications/alterations made post installation; (vi) any Act of God.
12.7 The company will undertake the supply and installation of faulty parts (initially installed by test valley windows), adjustments to locks and hinges (to maintain products functionality) for the period specified (dependant on the product chosen) and subject to terms and conditions in sections 12 and 13. This warranty does not extend outside the UK.
12.8 If the Goods supplied by the Company are not in accordance with Condition 12.2 above, the Customer should notify the Company within 72 hours of delivery, or as soon as reasonably practicable, by telephone (followed by confirmation in writing within 48 hours of the initial phone notification), in writing or via the Company?s web notification facility within 7 days of delivery or as soon as reasonably practicable in respect of Conditions 12.3 to 12.7 inclusive. The Company may, within 15 days of receiving such notice inspect the Goods; the Customer, if so required by the Company, shall take all steps necessary to enable the Company to do so.
12.9 Where any valid claim in respect of a breach of warranty given under Conditions 12.2 to 12.7 inclusive the Company shall be entitled at the Company?s sole discretion to (i) repair or replace the Goods (or the part in question) free of charge; or, (ii) refund to the Customer the price of the Goods (or a proportionate part of the price), and in each case, the Company shall have no further liability to the Customer. In UK Mainland only, any repaired or replaced Goods shall be delivered installed free of charge to the premises of the Customer (as agreed by the Customer and at the reasonable convenience of the Company) or outside of UK Mainland, be made available to the Customer for collection from the Company?s premises.
12.10 This warranty is subject to correct and adequate product maintenance being undertaken. A Product Maintenance Guide will be issued upon completion of installation and is also available on request. All warranty work must be undertaken by the Company. Failure to carry out terms in 12.10 will render the warranty null and void.
12.11 The warranty will commence from the date of installation. However, any liability of the Company under warranty will not arise unless and until the entire contractual price has been paid however customers may be able to seek redress by exercising their rights under the Consumer Rights Act 2015.
12.12 All Test Valley Windows Composite doors are covered by an insurance backed guarantee.
13. Warranty Exclusions
13.1 Breakage of glass after installation.
13.2 Minor imperfections within the glass under guidelines by the Glass & Glazing Federation
13.3 Damage or faults due to accidents, misuse, neglect or attempted forced entry.
13.4 Premature failure of materials due to the purchaser failing to carry out adequate product maintenance.
13.5 The removal and/or repositioning of the installation of part of the installation, if carried out by persons other than authorised Test Valley Windows’ personnel.
13.6 Existing timber, adjacent to the installation of Test Valley Windows products.
13.7 Leakage around products when it is found that (i) guttering or down pipes is blocked (ii) flooding (iii) hosepipes or pressure washers have been used on or around products (iv) faulty plumbing (v) the door lock is not fully engaged (vi) Any other building fault that may have an influence.
13.8 Scratches and marks due to general wear and tear.
13.9 Test Valley Windows double glazed units are designed primarily to reduce heat loss, which occurs through single glazing and less insulated double glazing. The presence of condensation is dependent upon the environment within the dwelling. For the avoidance of misunderstanding, please refer to the Plastics Window Federation’s leaflet about condensation. Test Valley Windows gives no warranty concerning the incidence, prevention or elimination of condensation following the installation of its products neither do its personnel have authority to give such a warranty.
13.10 The company is not responsible for any consequential loss.
14. Security Guarantee
14.1 In the unlikely event of a break-in succeeding through the failure of our Composite doors, we will repair or replace the damaged door through which access was gained, free of charge. The guarantee lasts for 10 years from the date the product was first installed. To qualify for this guarantee, the following criteria must be adhered to when ordering these products: (i) all glazing must be 6.4 or 6.8 laminated glass to one pane (ii) Era Vectis door lock must be specified.
14.2 All doors must be fully locked and not just closed on the latch. They must be purchased and installed by Test Valley Windows. Access must have been gained, through the product for which a claim is to be made, from the outside of the property. This guarantee does not cover forced entry by the emergency services or police. The forced entry must be a criminal act. In the unlikely event of a claim, you only supply us with the relating crime reference number and allow us access, to inspect the product to confirm compliance with the terms and conditions. The guarantee lasts for 10 years from when the product was first installed. The guarantee will be void if the product is moved from its original installation position. This Guarantee covers Test Valley Windows composite door only and does not extend to any other damage or loss. Test Valley Windows decision regarding the validity of any claim is final.
15. Notice of the Right to Cancel
If this contract is signed away from our business premises then you have a right to cancel this contract at any time within the period of 14 days starting from the date this contract is signed; notice of cancellation must be sent to the department named in the notice attached. Notice of cancellation is served at the time you post or send the notice (must be by recorded delivery and backed up with a phone call on the day of cancellation) or on the day you send it electronically (read receipt must be requested and received). Any contract signed in our premises is deemed a legally binding contract and is not subject to the above right to cancel.