1. Definitions

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, SP103GZ.

1.3     “Premises” shall mean “the installation address”.

2. Parties

This agreement is made between Test Valley Windows and the Purchasers and shall not be assigned without

Test Valley Windows’ written agreement.

3. Illustrations

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. Variation

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 variation (or when the contract is finance by a Building Society or Finance Company, from the date that confirmation of approval of the loan is received, whichever is the later).

5. Survey

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.

5.3       The survey is for the sole purpose of carrying out the installation detailed in this order and the Company does not take responsibility for the structural integrity of the existing foundations and structural elements to the building that the products may be installed on. The cost for carrying out such works before, during or after the installation is the Client’s responsibility. Any movement to building works not carried out by the Company before or after installation is the client’s responsibility.

5.4       Our Surveyor and installers will ensure that bay windows are installed with adequate support when such windows are load bearing.

5.5       If during the survey the Surveyor deems it necessary for an asbestos analysis to be taken, this will be an additional cost to the customer, directly payable to the Asbestos analysis company.

6. Planning Permission and Building Regulations

We can undertake planning and building regulations on behalf of the client, but ultimately it is the customer’s responsibility to ensure that such requirements, if applicable, are in place before the Test Valley Windows commences the work.

7. Product

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.

8. Premises

The sole purpose of Test Valley Windows Surveyor’s inspection is to ascertain the feasibility of the installations shown in the Schedule of Work. 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.

9. Delivery

9.1       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.

9.2       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.

10. Installation

10.1     All items from around the working area, including furniture, ornaments, plant post, electrical goods, blinds and curtains, should be removed by the Client prior to installation unless otherwise stated in the contract.

10.2     The Company will protect the areas around the installation with floor protector and dust sheets. We will hover up afterwards and clear away any rubbish and debris from the installation process. Due to the nature of the works, Clients may find that dust will settle. We will endeavour to keep this to a minimum. We will protect furniture around the immediate area with dust sheets as long as they are free from ornaments, lamps and breakables.

10.3     Clients, their children and visitors must keep clear from the working areas for health and safety reasons. It is the Client’s responsibility to ensure his happens. If you require any information or have any questions regarding the installation for the installers please find a safe opportune time.

10.4     Test Valley Windows does not undertake to move services or fixtures and fittings, which are ancillary to the basic structure of the property, e.g. radiators, pipes, telephone, television cables, burglar alarms or gas services unless specifically itemised in this written contract.

10.5     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 guarantee that equal amounts of frame will be visible all round.

10.6     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 avoid damage to ceramic tiles in the same area (unless caused by our negligence, the making good of this damage is the Purchaser’s responsibility). No painting or decorating will be undertaken unless specified in the contract.

10.7     Should there be any damage caused to external brickwork due to any defect (i.e. no supporting lintel not as a result of the Company’s negligence), the customer will be liable for any repair work and costs this may incur. If during the course of the survey, installation or after installation it is found that the support above a frame (the Company is going to or has installed) is required this is to be carried out at the Client’s cost.

10.8     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.

10.9     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 9.8) this must be clearly stated on the contract.

10.10   Test Valley Windows cannot guarantee that existing blinds, curtains and fixtures and fittings will fit in or around its new products. At time of survey please ask our surveyor for clarification. If it is agreed that Test Valley Windows will carry out the removal and refitting of blinds etc, then this must be clearly stated in this contract. When fitting products not supplied by Test Valley Windows, we are not liable for damage to the product or surrounds (i.e. tiles etc) caused when removing or refitting. We will however endeavour to take due care and attention to avoid such damage.

10.11   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.

10.12   Additional works do not have to be carried out by Test Valley Windows but this may, in certain circumstances, affect your warranty.

10.13   Foundations have been costed to a maximum depth of 750mm. If extra depth, structured foundation or piling is required, this will incur an extra cost. Also any unforeseen obstacles such as pipes, cables etc underground may incur extra costs which unless covered in the contract may be chargeable.

11. V.A.T.

Will be payable by the Purchaser at the appropriate rate

12. Payment

12.1     All goods supplied as per the contract remain the property and deed of Test Valley Windows until the full contract price has been paid.

12.2     The outstanding balance (after the initial deposit and any stage payments are paid), is due for payment on the day the installation is completed subject to the conditions 11.3 and 11.4 and no later than 24 hours after satisfactory completion.

12.3     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 as if in breach of contract and will recover all reasonable losses incurred (including loss of profit).

12.4     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.

12.5     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% 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 the debt.

12.6   Your failure to pay the balance at substantial completion would be a breach of this agreement.

12.7     Test Valley Windows’ preferred method of payment is by bank transfer, or by debit or card.  Cheque and cash payments are accepted provided they are given to the installer on the final day. Test Valley Windows’ personnel are authorised to accept Home Improvement Grant documents. Cheques and Grants must be 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.

13. Warranties

13.1     The warrants will commence at the date of installation, however any liability of the Company under this 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. The company will undertake the supply and installation of faulty parts (originally installed by Test Valley Windows), adjustments to locks and hinges (to maintain products functionality) for the period specified (dependant on product chosen) and subject to terms and conditions in sections 13 and 14. This warranty does not extend outside the UK. We cannot guarantee that parts replaced under warranty will be an exact match, for example where there has been a change to specification by Suppliers, products have been upgraded or parts are no longer easily obtainable.

13.2   Products will be warranted for the following periods from date of initial installation:

White uPVC products warranty against colourfastness, warping, workmanship and functionality – 10 Years (with the exception of coloured and wood grained windows and door panels which are covered by a 5 year warranty). Residential aluminium Products – 10 years. Timber Products warranty against warping, workmanship and functionality – 1 Year. Sealed Units into uPVC and aluminium products – 10 Years warranty against obstruction of vision arising from deposition of moisture or deterioration of inner glass. Sealed Units into timber products – 5 Years warranty against obstruction of vision arising from deposition of moisture or deterioration of inner glass. Double glazed units with integral blinds – 5 Years warranty against obstruction of vision arising from deposition of moisture or deterioration of inner glass or failure of the blind. Replacement sealed units into existing frames – 5 Years warranty against obstruction of vision arising from deposition of moisture or deterioration of inner glass. Furniture and locks functional warranty – 10 Years (please note, we cannot guarantee the coating on such products which will be subjected to wear and tear and corrosives and abrasives from the environment). Electrical Products – 1 year (light bulbs, batteries and such consumable products are not covered under this warranty). Cat and dog flaps – Manufacturers warranty. Commercial installations (shops, showrooms, offices, colleges, public buildings and rented accommodation) – 2 years. Fascia, Soffits, Guttering and Cladding have a product performance and workmanship warranty against any defect for – 10 Years and a colour fastness guarantee of –  1 Year. Building Work warranty against structural defects – 10 Years. This warranty does not cover minor cracks, e.g. due to movement between different materials and through the drying out process associated with building work.

13.3     Certain products supplied and installed by the Company are covered by our security warranty. Security Warranty terms:

The correct products must be specified on the order including laminated glass. Security warranty must be clearly marked in the comments box to be valid. The Security warranty covers the cost of repairing or replacing the damage product that forcible entry has been made through. The product must be fully locked at the time of forced entry. Access must have been gained through the product for which a claim is to be made, from the outside of the property. This warranty 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 simply supply Test Valley Windows 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 position. There will be no liability, by Test Valley Windows for loss due to a criminal act other than the free of charge replacement product or repair.

13.4     Product warranties are 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 13.4 will render the warranty null and void. Test Valley Windows issue an insurance backed warranty for all our supplied and installed windows and doors into residential dwellings. A FENSA certificate will be issued for all installations that require one.

14. Warranty Exclusions

Scratches or breakage of glass after installation. Minor imperfections within the glass under guidelines issued by the Glass and Glazing Federation. Damage or faults due to accidents, misuse, neglect or attempted forced entry. Premature failure of materials due to the purchaser failing to carry out adequate product maintenance. The removal and/or re-positioning of the installation or part of the installation, if carried out by persons other that authorised Test Valley Windows’ personnel. Existing timber, adjacent to the installation of Test Valley Windows products. Leakage or damp around products when it is found that (i) guttering or down pipes are blocked (ii) flooding (iii) hosepipes or pressure washers have been used on or around products (iv) faulty plumbing (v) the door or window lock is not fully engaged (vi) any other building fault that may have an influence. Scratches and marks due to general wear and tear.Furniture and hardware coatings. 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. The Company is not responsible for any consequential loss unless this affects the customer’s statutory rights. In the case of guttering and down pipes, the Purchaser is responsible for ensuring no part of the installation becomes blocked, as such a blockage has the potential to cause leakage or damp as detailed in 14.7. Test Valley Windows will make a charge for any call out to a blockage which is not caused by a fault of the Company’s installation, i.e. down pipes and guttering blocked with leaves, moss, etc. Products supplied by the customer for the Company to install. Cracks in plaster. Movement in brick work carried out by the Company that is due to work that has not been carried out under this contract.

15. Warranty Claims

The defect is to be reported as soon as reasonably practical upon which the discovery of the defect ought reasonably to have been made. Notification of claim under warranty can be by phone initially and then backed up by written notice within 14 days to the Company. This written notice can be by post or email. When making a claim, please quote your invoice number, date of invoice, full name and address and the product and room location for which you are making the claim.

16. 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.

17. Law

Nothing in these terms affects the Purchaser’s statutory rights.

Test Valley Glass & Window Company Ltd T/A Test Valley Windows

Registered office: Units 17-18 Glenmore Business Park, Colebrook Way, Andover, Hampshire SP10 3GZ

Company No. 3078190 – Registered in England and Wales. VAT registration No. 665070340