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 / premises 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 / contract. All parties noted on the contract and subsequent documents, as customers, are jointly and severally responsible and liable for the acceptance, conclusion and verification of the substance of the contract, including, but not limited to, the details expressed in all documents. All customers must read the Terms and Conditions.
2.2 The contract is between the company and the customer and shall be binding to both parties. The customer agrees to allow us access to carry out the agreed works within the companies normal working hours (Monday – Friday, 9am-5pm). 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 windows, doors and sealed glass units are classed as a custom-made order and therefore the order cannot be cancelled once the goods 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 A survey will be carried out to ascertain the feasibility of the installation referred to in the contract. This is not a general survey of the premises and will be confined to those areas which directly relate to the proposed installation. Defects or damage existing before the installation or any damage arising thereafter to the premises are not the responsibility of the company. The survey is a surface survey only and, unless the surveyor expects ground issues will not include any penetration or exposure of ground conditions.
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. Images and illustrations in brochures, catalogues and websites are for guidance only and colour differences may occur.
3 Date of Delivery/Completion:
3.1 The company normally aims to complete works within 30 days of the goods being received by the company, 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. The company will commence, and complete works as soon as is reasonably practicable unless prevented from doing so where the company could not have avoided the delays. Illness, traffic, weather, building materials and conditions, unforeseen installation complications, human infection and natural disasters are some, but not all, reasons why a delay may occur.
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. VAT will be payable by the customer at the current rate.
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.
5 Delivery 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 two 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. We can accept cheques up to the value of £500, however, should we need to issue a refund, we are unable to do so by cheque and, therefore, the customer accepts that this will be issued via Bank Transfer.
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%. Late payment fees may also be added where applicable.
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. Where the customer has not accepted and installation date within 60 days of being advised that the company is ready to install, the company will store the goods at no cost to the customer but cannot guarantee that the goods will not become damaged whilst in storage. In these circumstances, the customer shall be responsible for the cost of replacing any damaged goods where necessary. The company will make every effort to ensure the safety of goods, but it is not liable for breakage or damage due to prolonged storage times because of the customer refusing access to carry out works. Alternatively, the customer may, at their cost, collect the goods from the company or arrange for the company to deliver the goods to them. The company may also decide to deliver the goods to the customer if this is a safer and more practicable solution.
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. When changing/removing sealed glass units, the customer understands that the removal of the old units may cause damage to the beads and frame. Although every effort will be made to minimise damage, in some cases it is unpreventable and, therefore, the company will not be liable.
10.1 The company does not agree to match existing finishes and will not be liable for non-matching due to age and weathering of existing materials. The company cannot guarantee the matching of plaster, pebble-dashing, brick or similar materials. Where there are variations to existing plaster lines, the company cannot guarantee equal subframe all round. The company will make good any damage caused during the installation process to plaster, rendering or brickwork within 100mm of any window, door or roof installed, but the company cannot guarantee the avoidance of further superficial damage beyond the aforementioned 100mm to surrounding plaster, paintworks, wallpaper and tiles and flooring. In some cases, we may use matching coloured trims to make good and tidy any damage. Whilst every care is taken to avoid such damage, the making good is the responsibility of the customer. The company cannot guarantee to replace or remove, intact, any existing glass, frames or secondary glazing without damage. Responsibility for these items lies with the customer.
11 During the survey it is not always possible to see / expose all additional works that may affect the project. 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. All works will stop until the customer agrees to any necessary works. The company will provide a cost, free from profit, to facilitate the unexpected works. Immediate payment will be required.
11.1 During the survey process it may be necessary to remove external and internal trims or plaster / render to obtain accurate measurements or to assess the existence or need for overhead supports. Whilst every care will be taken to minimise damage, they are invasive. Any damage created during this process will be rectified during the installation process. Where plasterboard or render is damaged, these areas will be made good. Making good is a patch repair of that damage and does not include final finishing such as rubbing down, painting or wallpaper repair. These elements are solely the responsibility of the customer. If you cancel the contract before installation, you will be entirely responsible for all rectification works.
11.2 The customer is responsible for obtaining any planning, legal or other permissions prior to installation. Where necessary, the customer must arrange the removal or re-siting of any pipes, cables, doorbells, satellite receivers etc before installation. If the company is unable to carry out the agreed works as a result of the customer’s failure to carry out the above, the full contract price will be payable immediately.
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. Areas in the vicinity of the installation such as gravel, patios, paths, grass, driveways and all plants, trees and bushes may be disturbed during installation. The company will take all reasonable measures to protect them but does not guarantee or take responsibility for restoring them to their original condition.
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. All materials removed during installation will be cleared from site unless the customer specifically requests otherwise. Once goods are removed, they cannot be retrieved. Any goods that the customer retains at their request cannot be collected by the company later without charge.
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 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 upon if possible. The company reserves the right to change the proposed date by giving the customer notice in writing. If 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. If 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. Once works have commenced, if the customer delays the installation, the customer will be responsible for immediate payment of all outstanding balances. The customer should not schedule any other works at the property which are dependent upon the intended installation date. The company are not responsible for delays or loss of work hours and/or holidays as a result of delays beyond its control and no claim for consequential losses with be accepted by the company. Installations are booked to fit the company schedule. If the customer rejects a date given which falls into the estimated delivery time, an alternative date outside of the estimated timeframe may be given.
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 an existing leak is guaranteed. A slight haze may be apparent in direct sunlight through sealed glass units as well as condensation on the exterior of the units in some weather conditions. This is a feature of low emission glass, and the company has not control or responsibility for this.
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 Guarantee:
24.1 The manufacturer guarantees 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 5 years from the date of fitting, conservatory roof supports and bars for a period of 10 years from date of fitting. Associated hardware is guaranteed for a period of 1 year. Sealed glass units are guaranteed against condensation forming between the panes. Glass breakage is not covered under the guarantee. uPVC frames are guaranteed against discolouration, splitting and cracking. Insulated roof panels are guaranteed against discolouration. During the guarantee period the guaranteed items will, at the choice of the company, be repaired or replaced, free of component charges but subject to a labour charge after 12 months, provided the company shall be under no liability under the guarantee. There is no consequential liability whatsoever. Any extra supplier / manufacturer guarantees or warrantees not listed above will be passed on to the customer. Goods and works are not guaranteed unless the total price of all outstanding contracts have been paid in full.
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 a defect has arisen from fair wear and tear, wilful damage, negligence, abnormal conditions, failure to follow manufacturers maintenance instructions, been misused, tampered with, altered 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. If 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 £150 +VAT.
24.3 We cannot accept guarantee claims that are damaged after delivery where this is due to the negligence of the customer or accidental damage. Problems, defects and leaks caused by storm damage, or customer’s brickwork, or insufficient or non-existent cavity trays or guttering are not covered under the guarantee. Customers must inform the company within 7 days of a defect occurring. After this time, the company may charge the customer for parts and labour as a delay in notifying a claim on the guarantee may cause the defect to deteriorate unnecessarily.
24.4 In some cases, the manufacturer / supplier may wish to inspect the goods. They usually charge an inspection fee which the customer is liable to pay. If, after inspection, it is agreed that the defect is covered under the manufacturer’s guarantee, the full inspection fee will be refunded to the customer.
24.5 For minor surface marks and blemishes which are inevitable during the manufacture and installation process, the industry standard “2 metre rule” will apply in the case of a dispute, i.e.: if the mark or blemish can easily be seen with the naked eye from a distance of 2 metres away it will be deemed unacceptable and a free of charge repair or replacement will be arranged. A “3 metre rule” applies to toughened, laminated and all coated glass.
24.6 For all guarantees to remain valid, the customer must clean all supplied goods with warm water and a mild detergent, followed by rinsing with fresh water. Chemicals and abrasives should not be used. The cleaning interval should be determined by the amount of soiling and the environment but should not exceed six months in any circumstance. Any areas with ‘touch up’ materials, additions or accessories added by the customer will be excluded from the guarantee.
Where there is pre-existing guttering above any installation or installing guttering is part of the contract, the customer must inspect and clean the guttering at least every six months, removing all debris and leaves etc. Failure to clear guttering can lead to water ingress and your guarantee will be void.
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
26 The company reserves the right to change/modify any of the above terms and conditions at any time without prior notice. If any changes are made, the revised terms and conditions will be posted on the company’s website (www.resealed.co.uk/terms-condition/). Please regularly check the latest information to inform yourself of any changes.
Resealed uPVC Ltd / PJL Scott & J Scott t/a Resealed
March 2025
Terms & Conditions