1.1 We intend to rely upon the Conditions set out in this document to supply the Goods and/or Services described in the Order Form which has been signed by you. If you request any changes to these Conditions and we agree to make them, we will record such changes in writing and send you a copy. This Contract will be concluded and become legally binding only when it has been signed by the named person(s) printed at the top of the Purchase Agreement, herein referred to as (Order Form).
2.1 Any quotation given by us is valid for 30 days from its date. However, we reserve the right to vary the Price at any time prior to confirmation of the order to take account of any delivery costs, other variations in specification, changes in exchange rate.
2.3 No Order Form shall be accepted until final measurements and other specifications have been provided by you. We will not be held responsible for any measurements provided by you or your advisers or agents.
2.4 We reserve the right to make minor or technical changes to the Goods or Services which are unavoidable deviations from the original specification.
2.5 If the supply of Goods or Services is interrupted or delayed by you we reserve the right to increase the Price to reflect any additional time our fitters are engaged in providing the Services, Goods may be stored or any changes to the specification provided in the Order Form.
2.6 The Price includes delivery to the site specified in the Order Form.
3.1 If we decide to survey your property this will be done at our sole expense and we will carry out the survey for the proposed work within 14 days of you signing this Contract at a mutually agreeable time.
3.2 Any survey we carry out shall not be a full structural survey of your property and will relate only to the installation of the Goods and to items which can be reasonably established from a non-destructive examination. The Price is calculated on the assumption that your property is structurally sound and that there are no factors that would make our performance of the Contract more difficult than might reasonably be anticipated at the time you signed the Contract. If you are in any doubt about the condition of your property you are advised to obtain your own independent survey. We reserve the right to remove, render, plaster, architraves, beading and linings at time of survey in order to establish correct manufacturing dimensions. Any damage will be made good upon installation.
3.4 If any technical problems within your property are discovered at the time of installation of the Goods which were not nor could reasonably have been found during our survey of your property, we reserve the right to increase the Price to cover any additional work required as a result by giving you notice in writing. Such notice will include an explanation of the need for the increase in the Price. If we give you notice increasing the Price under this clause 3.4 you have the right to cancel the Contract but you will have to pay us for any Services already performed and any Goods that have already been installed or manufactured in readiness for installation pursuant to the Contract and you will be obliged to take delivery of those Goods at your property. We will be entitled to retain the Deposit by way of payment or part-payment as the case may be of any amount due from you to us.
5.1 The price payable (Price) and the dates on which payments are due are shown on the Order Form and DO NOT include the cost of any scaffolding necessary to provide the Services. You will have to pay these costs in addition to the Price as set out in clause 6.6 below.
5.2 Unless stated otherwise on the Order Form, the Price takes into account any discount, rebate or offers. You will not be entitled to any reduction in Price if we make any promotional offers on Goods and Services after the date of the Order Form.
5.3 Unless expressly stated otherwise on the Order Form payment of the balance of the Price is due immediately on completion of installation of the Goods and should be made to our fitters. If you are unable to be present at completion of the installation, you will ensure that the balance of the Price is paid to the fitters upon their arrival at your property. If, with your agreement, the Goods are installed in phases, payment for each phase is due on completion of that phase.
5.4 Payment must be made by BACS, cheque or credit card (Visa or Mastercard only). For security reasons, credit card payments must be telephoned to our accounts department. Cheques should be made payable to “Enhabit Limited”.
5.5 We do not accept payments in cash.
5.6.2 use any payment made by you for any goods or services supplied under any other contract between you and us either towards a payment due under this Contract or otherwise towards any other debt owed by you to us as we see fit; and charge you interest on such outstanding sum from the due date for payment at the annual rate of 4% above the base lending rate of NatWest Bank plc, accruing on a daily basis until payment in full is made, whether before or after any judgement.
6.1 We will use all reasonable efforts to meet delivery dates we set out on the Contract but any such dates and times are intended to be estimates only. Time shall not be of the essence of any contract between us.
6.2 We will not be liable for any loss or damage resulting from a delay in the delivery of the Goods in circumstances outside of our reasonable control, such as material availability, transportation delays etc.; or the loss or damage results from a breach by you of any term of the Contract.
6.4 Shortages and damages on delivery must be notified in writing within 24 hours of receipt.
6.5 We reserve the right to make delivery by instalments and to tender a separate invoice in respect of each instalment, provided that such delivery is notified to you in writing at least 5 days prior to delivery.
6.6 Should you postpone delivery, should delivery instructions be delayed or should we be unable to deliver for any reason, you will be liable to us for the reasonable costs of any such storage.
6.7 Without prejudice to any other rights we may have in respect of any failure by you to accept delivery, if delivery is delayed for a period in excess of 10 days past the agreed delivery date, then we shall be entitled to invoice the full amount of the Goods and or Services and you will be liable to pay such invoiced amount on the due date. Thereafter we will be entitled, but not obliged to deliver the Goods to you or to notify you of our intention to dispose of the Goods at the best price reasonable obtainable in the market and remit the proceeds of sale to you.
6.8 If you engage us to provide installation services (Services), you will be responsible at your own expense for the removal, replacement (and/or alteration if required) of any fixtures and fittings or other items that we require to be moved in order to install the Goods and supply the Services including but not limited to curtains, shutters, grills, blinds, pelmets, and soft furnishings, the lifting and refitting of carpets, the repositioning of telephone or burglar alarm fittings and any other electrical connections, aerials, gas or water installations. If for whatever reason you do not comply with your obligations under this clause 6.4 we reserve the right to postpone or suspend the supply of the Services until you have done so.
6.7 By signing the Contract for Services you authorise our fitters to move items under clause 6.4 at your risk. If our fitters move any such items this may result in an increase in the Price to cover our additional time spent in doing so. We will notify you of any such increase before our fitters move any such items unless it is impractical to do so without delaying the supply the Services, in which case any such increase will not exceed 3% of the Price. If our fitters move any of your items under clause 6.4 they will use reasonable care and skill while doing so.
6.6 If scaffolding is required for the installation of the Goods, we will inform you either at the time you sign the Order Form or as soon as practicable following any survey carried out under clause 3 above. You will be required to meet the cost of the scaffolding unless we otherwise expressly agree in writing.
7.1 Risk of damage to or loss of the Goods shall pass to you at the time of despatch of the Goods. It is your responsibility to insure the Goods from the time they are despatched.
8.1.1 The timber specification is set out on the Order Form.
8.1.2 We will not decorate or redecorate any existing window/door frames, sashes, architraves, liners or window board on which we work. We will touch up any bare timber with white paint or any paint supplied by you.
8.4 We will take reasonable care to keep intact any panes or frames from old windows and doors and any secondary glazing that you tell us you wish to retain but such items are fragile and prone to breakage on removal. Accordingly we will not be liable for any damage or total loss of such items during, or following, their removal unless caused directly by our negligence.
9.2 The warranties set out in these terms and conditions are the only warranties given to you by us in relation to the Goods and Services. All other representations, warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
10.1.4 obtain and maintain all necessary licences and consents, including but not limited to planning permissions, listed building consent, building regulations consent, and comply with all relevant legislation in relation to the supply of the Goods and Services.
11.1 We may assign or subcontract the Contract or any part of it to any person, firm or company provided your rights under the Contract will not change as a result of such assignment. You shall not be entitled to assign the Contract or any part of it without prior written consent from us.
13.4.1 The Company shall be under no liability in respect of any defect in Goods arising from weather, fair wear and tear, failure to follow any instructions supplied to you in relation to the Goods (including without limitation those set out or referred to in clause 13.6), defective brickwork or render, misuse, or alteration or repair of the Goods, installation or any action or inaction by any third party installer, you, or any other end user, faulty operation or misuse, the use of incompatible spare parts, paint or accessories, failure to maintain, failure to handle and store in accordance with our instructions, general wear and tear, weathering..
13.4.2 Any claim under this warranty shall only apply if the relevant defect is notified in writing to us within the guarantee period.
13.4.3 This guarantee shall cover the repair or replacement of the defective Goods (at our sole discretion).
13.4.6 While we will take reasonable care while working on your property, inevitably the removal, repair, and installation of windows or doors creates dirt and dust and may cause chips on radiators, minor damage to surrounds, including surfaces, hinges, catches, finger and escutcheon plates and superficial damage such as tears, scrapes, scratches in or on wallpaper, woodwork, paintwork, ceramic tiles, pipes or cabling surrounding the area in which the Services including installation of the Goods or are suitably protected by covering them or otherwise protecting them before the Goods are installed, where at all possible.
13.4.7 We agree to make good to a standard which will accept redecoration any damage we cause in the course of our work to sound plaster, coving, render or brickwork, which immediately surrounds any window or door on which we work.
13.4.8 When we carry out the Services (including but not limited to the installation of the Goods), we assume that your property is structurally sound, in good condition and free from material defects. We cannot be held responsible for any damage caused or extra work required if this is not so, including but not limited to blown plaster, worn radiators, pipes or window, including dormer windows that may form an integral part of the structural support for the dormer.
13.4.9 We will take reasonable care to keep intact any panes or frames from old windows and doors and any secondary glazing that you tell us you wish to retain, but such items are fragile and prone to breakage on removal. Accordingly we will not be liable for any damage or total loss of such items on removal, or following their removal unless caused directly by our negligence.
13.6 You must maintain the Goods as set out in these Conditions and in particular, , in relation to Accoya® woodwork, in accordance with the Accoya® manufacturer’s warranty; and in relation to mechanical devices or any other Goods, in accordance with any maintenance schedule provided to you by the Company. Failure to maintain the Goods in accordance with the relevant warranty terms or maintenance schedule will invalidate any warranty given by the Company in relation to such Goods.
14.1 The validity, construction and performance of this contract shall be governed by the Laws of England and we each agree to submit to the exclusive jurisdiction of the English courts.
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