Terms and conditions
1 Definitions of these Conditions:
1.1 In these conditions of sale “The Company” means Resealed / Resealed uPVC Ltd. “The Customer” means the person, firm or company from whom an order is accepted by the Company. “Goods” means goods or services which are the subject of such an order, be it placed verbally or in writing. “The place of delivery” shall mean the place of delivery indicated in the order, or so near thereto as the delivery vehicle can safely get.
2 Order Acceptance:
2.1 The Customer agrees to purchase and have installed the Goods specified in the form of an order.
2.2 Notwithstanding any conditions printed or written on customer’s official orders, all orders are accepted on the understanding of compliance with our General Conditions of Trading.
2.3 All replacement units are classed as a custom-made order and therefore the order cannot be cancelled once the units are ordered from our supplier (your statutory rights are unaffected). Orders that are individually manufactured, and any Goods not used in their intended location in the Customer’s premises, cannot be credited against the contract price.
2.4 For sealed unit replacement, measurements taken are of the frame, and a deduction of between 5 and 10 mm is taken off these measurements when ordering the glass. This is an industry standard to allow for expansion and movement.
2.5.It is the company’s responsibility to provide you with goods that meet your consumer rights. If you have any concerns that we have not met our legal obligations, please contact us.
2.6 The Customer hereby acknowledges that the items and/or diagrams in the contract have been checked and are correct.
3 Date of Delivery/Completion:
3.1 The company normally aims to complete works within 30 days, however the date or dates of delivery/completion quoted or agreed by the Company are given in good faith but without obligation. Once the company are in receipt of the goods, we will contact the customer to arrange a date for delivery/completion. The Company will not be liable for any loss, damage or delay due to the failure of the Company for any reason whatsoever to deliver or arrange for the delivery of the goods on or by the date or dates of delivery. If the Company is hindered or prevented from obtaining, transporting, delivering or arranging for the delivery of the goods by war, strikes, riots or any other cause whatsoever beyond the control of the company, the time for delivery shall, at the Company’s option, be extended accordingly and this clause shall apply to the new date or dates of delivery. In the event that time has been made the essence of the contract, time shall not run during such delay or when a delay on the Customer’s account is operating. Due to Covid-19, manufacture is often delayed and, therefore, timeframes may be extended by several weeks.
4 Prices and Cancellation:
4.1 All prices quoted by the Company shall be subject to change without notice. Prices quoted include fitting with access as on day of quotation. Any change to access or any goods or work not specified in the contract will involve an increase in the price.
4.2 In the event a product is listed at an incorrect price due to typographical error or error in pricing information, the company shall have the right to refuse or cancel any orders listed at the incorrect price whether or not the order has been confirmed.
4.3 All products are subject to availability and may be withdrawn at any time. If the company does not supply the goods for any reason it will not charge for this and we will refund any money already paid. However, it will not be responsible for compensating for any other losses the customer may suffer.
4.4 The Company reserves the right to cancel this order in the event that the surveyor/company 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.
4.5 Custom made orders cannot be cancelled once ordered from the Company’s supplier.
4.6 Non-custom goods can be cancelled, in writing, within 14 days using the cancellation form, email or by post. Work carried out / goods supplied within the 14 day cooling off period must be paid for in full upon completion.5Delivery Notes and Claims:
5.1 Where goods are delivered by our approved carrier or our own transport, no claims for damage, shortage, or breakage will be allowed unless advised to the Company in writing within five days of receipt of the goods by the Customer.6
Payment:
6.1 Unless otherwise agreed in writing the Customer will pay an agreed deposit (usually 50% of the agreed price) on order, the balance paid in full upon fitting / completion. Where discounts are previously agreed and applied, then accounts not paid on the due date are strictly nett and all discounts will be lost.
6.2 The Company accepts all major credit and debit cards, BACS, cheques and cash.
6.3 The customer must provide the company with the exact billing address and a contact phone number, being the address and phone number your credit/debit cards bank has on file for you. Incorrect information will cause a delay in processing the customer’s order. The customer’s order will only be processed once authorisation of your card has been properly received.
6.4 The total outstanding balance is payable immediately after the Goods have been properly installed or delivered in accordance with the terms of the contract. Payment is to be made to the installer by cheque, cash, BACS transfer or by credit card. Any outstanding balances not paid in full by the Customer on the date of the installation will be compounded at a monthly interest rate of 2.5%.
6.5 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.
6.6 The goods remain the sole and absolute property of the Company as the legal and equitable owner until such time as the customer shall have paid the Company all sums due under a contract together with all sums due to us under any other contract with us. Until such time as title in the goods passes to the customer, the goods can be recovered. For the purpose of recovery of our goods, we shall be entitled to enter upon any premises where they are and repossess them.
7 Liability:
7.1 The liability of the Company in respect of goods which are damaged shall be limited to the supply of a new part or the making good of the defective part and the Company shall not be liable for any cost whatsoever.
7.2 The Company shall not be liable for any loss, damage or delay whatsoever and howsoever the same may arise or be caused.
7.3 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.
8 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 product supply cost becomes payable.
9 The Customer will provide the free use of a reasonable amount of water and electricity.
10 The Company will take all reasonable care of the Customer’s property when carrying out the work but cannot accept liability for damage or re-decoration. Where The Company are carrying out repairs which are in close contact with existing glass or require existing glass to be removed to carry out the repair, the customer understands that there is a small risk of glass breakage and that the customer is responsible for the cost of replacement and temporary repairs.
11 The contract price does not include 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 of 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.
12 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 and the Customer shall remove all internal and external household fixtures, plants, lights, furniture, ornaments, decorations, pictures, curtains, nets and blinds, before the installation is due to commence.
12.1 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. The company reserves the right to charge for the time taken to move any items not removed by the customer.
13 No undertaking can be given that the Customer’s existing doors, windows and/or frames can be removed so as to be fit for re-use or any other purpose. 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.
14 The Company reserves the right to make minor variations in the specification of any of its products at its discretion and without prior notice to the Customer, in keeping with the Company’s policy of continuous development and improvement.
15 The Customer shall be deemed to have accepted the Goods if not rejected within twenty-four hours of delivery or collection or immediately in the event of the Customer having signed a note of acceptance or delivery. Rejection subsequently will not be acceptable to the Company.
16 Any product guarantee will come into effect immediately upon completion of the works provided that the full price has been received (less any appropriate amount in the event of defects) by the Company on the due date. Goods and services are not guaranteed or certified until paid for in full. Any goods or services that the company provides without charge will not be guaranteed.
17 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 is not completed within such expended period, the Customer may cancel the uncompleted work covered by the contract without penalty on either side and without loss of any deposit paid by serving written notice by post to the Company. 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 on the Customer’s account is operating.
18 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.
19 The Company does not claim or guarantee that its products eliminate or even reduce the incidence of condensation. The Company does not claim or guarantee that its products or services will eliminate or reduce the incidence of pre-existing leaks. No attempt by The Company to repair a leak is guaranteed.
20 The Company will repair or replace all goods which are or become defective by reason of faulty materials or workmanship in line with our written guarantee. Goods / services not supplied by the Company are not guaranteed.
21 Nothing in these terms and conditions shall be interpreted as excluding or restricting the statutory rights of the Customer.
22 The formation, construction and performance of this agreement shall be governed in all by English/Welsh Law.
All implied conditions and warranties and other terms whether implied by statute or at common law or otherwise and whether as to quality, fitness for purpose, performance or otherwise in respect of the products and to the sale or supply thereof by the Company are hereby excluded.
23 The rights and obligations of the Company and of the Customer shall be governed by the Law of England and Wales and the Customer shall submit to the determination of the disputes by the Courts of England & Wales.
24 Warranty:
24.1 The Company guarantee our sealed units for the period of 5 years from the date of fitting, uPVC windows and door frames for a period of 10 years from the date of fitting, insulated roof panels for a period of 10 years from the date of fitting. Associated hardware is guaranteed for a period of 1 year. There is no consequential liability whatsoever.
24.2 In the event of a claim under your warranty, contact The Company and we will arrange to visit the property and inspect. If it is deemed after a visit from a company representative that our product has been misused, tampered or damaged in any way etc, we will render the guarantee null and void, leaving any remedial work to be carried out at a pre-arranged fee, which shall be payable before any work commences. In the event that no faults or errors are discovered which are covered within the terms of the guarantee, the customer agrees to pay the Installer’s inspection fee of £50 +VAT.
24.3 We cannot accept warranty claims that are damaged after delivery where this is due to the negligence of the customer or accidental damage.
25 Complaints procedure:
25.1 In the unlikely event that you are dissatisfied please follow our complaints procedure below.
25.2 If there are any queries with the job while the filter is on-site, please address them with him/her, who will be able to sort out most issues.
25.3 Making a complaint Post-installation. Complaints should be made in writing by post or email. Our policy is to acknowledge all complaints within one working day (Monday-Friday, 9am-5pm) and respond within 14 working days. If appropriate we will provide you with a date to remedy any issues raised.
25.4 Urgent complaints. If the complaint is a security risk, a hazard or a safety issue, then this is given priority. Where possible these will be dealt with the same working day.
25.5 We aim to resolve all complaints within 60 days.
25.6 We will try to put things right the first time, but if you are not satisfied with the way your complaint is handled and wish to take the matter further, you can contact our Competent Person Scheme –
Assure Certification Ltd
.If you are still dissatisfied having followed all the stages of our internal complaints procedure, you may apply to Assure Certification Ltd for an independent investigation of your complaint. Please write to the following address or complete the complaints form on the website.
Assure Certification Ltd
103 High Street
Lees
Oldham
OL4 4LY
Tel: 0161 669 6211
www.assurecertification.com
Resealed uPVC Ltd / PJL Scott & J Scott t/a Resealed Terms & Conditions April 2021