Double Glazing Repairs & Parts – Terms & Conditions
1. Definitions
1.1 Test Valley Glass & Window Company shall be called Test Valley Windows or the Company.
1.2 Written Notice where required shall be given by post to Test Valley Windows, 17-18 Glenmore Business Park, Colebrook Way, Andover, Hampshire SP10 3GZ.
1.3 Premises shall mean the installation address.
2. Parties
The agreement is made between Test Valley Windows and the purchasers and shall not be assigned without the Company’s written agreement.
3. Illustrations
Any illustrations in 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 agreed by both parties.
4.2 The estimated period of delivery will run from the date of such variation (or when the contract is financed by Bank, Building society or Finance Company, from the date the 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 The Company reserves the right to make such modifications to the schedule of work, as their Surveyor deems necessary.
6. Product
Demonstration hinges, handles and other products are used to demonstrate the working of a typical product and its composition and are sample products only. The products that are detailed on the schedule overleaf will be installed using such manner and materials as Test Valley Windows considers suitable. Pursuant to the Company policy of continuous improvement of the products, the Company reserves the right to make any minor modifications in design, specification, as it shall think fit.
7. Premises
The sole purpose of our Company’s Surveyor’s inspection is to ascertain the feasibility of the installations shown in the schedule of work. We will not undertake a general survey of the premises. The inspection will be confined to those areas of the premises which directly relate to the proposed installation or repair. Test Valley Windows will not be responsible for remedying any defect existing before the installation date or any damage arising there from.
8. Delivery
8.1 The Company will not be liable for any delay and the customer shall have no claim or recourse against the company for unavoidable circumstances, ie 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 All items from around the working area, including furniture, ornaments, plant pots, electrical goods blinds and curtains, should be removed by the client prior to installation unless otherwise stated in this contract.
9.2 The Company will protect the areas around the installation with floor protector and dust sheets. We will hoover 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.
9.3 Clients, their children and visitors must keep clear from working areas for health and safety reasons. It is the customers responsibility to ensure this happens. If you require any information or have any questions regarding the installation for the installers please find a safe opportune time.
9.4 Test Valley Windows does not undertake to move services or 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 unless specifically itemised in this written contract.
9.5 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.
9.6 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.
9.7 Should there be any damage caused to external brickwork due to any structural defect (i.e. no supporting lintel) 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 clients cost.
9.8 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.
9.9 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.
9.10 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 re-fitting of blinds etc, then this must be clearly stated in this contract. When fitting products, not supplied by Test Valley Window, 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.
9.11 Any additional work required for Test Valley Windows to complete the contract must be carried out at the customers cost and within a reasonable time span, generally six weeks.
9.12 Additional works do not have to be carried out by Test Valley Windows but this may, in certain circumstances, affect your warranty.
10. Payment
10.1 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.
10.2 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.
10.3 Test Valley Windows endeavour to arrange a suitable fitting date with the customer following an order being placed. If, after three 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).
10.4 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.
10.5 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.
10.6 Your failure to pay the balance on completion would be a breach of this agreement.
10.7 Test Valley Windows preferred method of payment is by bank transfer, or by Debit card. Cheque and cash payments are accepted provided they are given to the installer on the final day. Test Valley Windows Personnel is 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.
11. Guarantee for the Repairs and Servicing Contracts
11.1 The guarantee will commence on the date of installation or when the contract is satisfactorily completed. Any liability of the Company under the guarantee will not arise unless and until the entire contractual price has been paid. 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 readily obtainable.
11.2 The Company undertakes to repair or replace faulty materials free of all charges should any fault appear due to defective materials supplied by Test Valley Windows, for the following periods: (i) hinges, handles, locks, letter plates cat flaps and other hardware and furniture – 1 year (ii) replacement sealed units into existing frames – 5 years. (iii) Service work and repairing of leaks. There is no guarantee for this type of work and any further visits that you request us to make will be chargeable.
11.3 This warranty is subject to correct and adequate product maintenance being undertaken.
11.4 Replacement parts under guarantee will be supplied on the same basis as originally supplied. So if for example a handle was supplied but not installed then Test Valley Windows will supply a new handle but not install. Also the same delivery or collection will apply, that was on the original contract. Original faulty parts must be returned. If parts are found not to be faulty or been misused or forced then the new part and any carriage will be charged for.
12. Warranty Exclusions
12.1 Breakage of glass after installation.
12.2 Minor imperfections within the glass under guidelines by the Glass & Glazing Federation
12.3 Damage or faults due to accidents, misuse, neglect or attempted forced entry.
12.4 Premature failure of materials due to the purchaser failing to carry out adequate product maintenance.
12.5 The removal and/or repositioning of the installation or part of the installation, if carried out by persons other than authorised Company personnel.
12.6 Existing timber or materials, adjacent to the installation of Company products.
12.7 Leakage 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 lock is not fully engaged (vi) Any other building fault that may have an influence.
12.8 Scratches and marks due to general wear and tear.
12.9 Company double glazed and triple glazed sealed 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.
12.10 The company is not responsible for any consequential loss unless this affects the customer’s statutory rights.
13. Notice of the right to cancel
If this contract is signed away from our business premises then you have the 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: Test Valley Windows, 17-18 Glenmore Business Park, Colebrook Way, Andover, Hampshire SP10 3GZ. Notice of cancellation is served at the time you post or send the notice (must be by recorded delivery and backed up with phone call on 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.
14. V.A.T.
Will be payable by the Purchaser at the appropriate rate.
15. Law
Nothing in these terms affects the Purchasers 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 & Wales. Vat Registration No. 665070340