Over the past couple of years we have been asked what payment methods we offer, traditionally we have only ever offered the standard payment methods; cash, cheque, bank transfer and credit / debit cards. 

 

We have been asked a few times if we offer finance, and we are now very pleased to say that we are all set up. So if you are ready to start planning your new project either call into the showroom or call 01691 650567 and start the ball rolling.

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CONDITIONS OF SALE 

Please read this document carefully before entering into any contract with us.

Definitions

1.1 In these conditions :-

“Conditions”

Means the conditions of supply set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between you and us

“Confidential information”

Means information relating to our business services and affairs which may from time to time be or be treated by us a confidential. This will include all trade secrets (including without limitation formulae, process, methods, inventions, technical data and knowhow) relating to out

business.

“Contract”

Means the Contract between you and us for the purchase and sale of the services incorporating these Conditions

“Guarantee”

Means the guarantee of up to 12 years given by us to you in respect of the Products on the terms of Condition 9

“Price”

Means the price for providing the Products and the Services including, where appropriate, VAT at the prevailing rate and set out in our order form.

“Products”

Means uPVC windows and/or doors, composite doors, aluminium windows and/or doors, soffits, fascias, gutters, Warm Roof system the details of which are more particularly set out in our quotation.

“Services”

Means the services of survey, supply, delivery and installation of the products which we are to provide in accordance with these conditions

“Survey”

Means the final measurement for Products and Services prior to manufacture, which will include an assessment as to the suitability of the Products and Services and which may recommend remedial work to your premises to any visible defect

1.2 The headings in these Conditions are for convenience only and shall not affect their interpretation.

1.3 These are the conditions upon which we, Malcolm Lewis Developments Ltd trading as Malcolm Lewis Windows (company number 4558434) deal with you, our customer. They govern all our dealings with you to the exclusion of any other terms and conditions subject to

which any order for the Services is purported to be made by you.

1.4 No variation of these Conditions shall bind us unless we agree in writing

1.5 Neither our employees not our agents are authorised to make any representations concerning the products and services unless confirmed by us, acting by an authorised signatory, in writing. You acknowledge that you do not rely on any representations which are not so

confirmed in writing on the order form or signed and dated survey form. Brochures, advertising, and other promotional material issued by or on behalf of us do not form part of the contract nor is any statement or photograph contained therein a representation or

warranty on which you have relied in entering into the contract.

1.6 If we waive any breach of the contract, it should not be considered by you to be a waiver of any further breach

1.7 If any provision of these conditions is held to be invalid or unenforceable in whole or in part the remainder if the conditions shall continue to apply

1.8 The contract shall be governed by the laws of England and Wales

1.9 We may assign our rights under the contract to any person. Subject to that, a person who is not a party to the contract may not enforce any rights under it.

Order and Designs

2.1 No order submitted by you shall be deemed to be accepted by us unless and until confirmed by us in writing

2.2 You shall be responsible to us for giving us any necessary information relating to the products and services within a sufficient time to enable us to perform the contract in accordance with its terms

2.3 If you fail to provide us with any information which we need to enable us to provide the products and/or services or if you fail to arrange a time for commencement of the provision of the services in each case within a reasonable time of being asked to do so or of you fail to

fulfil any of your obligations contained in Conditions 5.4 and 5.5, you shall be deemed to have cancelled the Contract and the provisions of the Conditions 2.4 and 2.5 shall apply

2.4 You may not cancel any order which we have accepted unless we agree to such a cancellation in writing. If we do not so agree, or if you have been deemed to cancel the Contract under conduction 2.3, you shall indemnify us in full against:-

2.4.1 All loss (including loss of profit), costs (including the cost of all labour and materials used), charges and expenses which we have incurred as a result of the cancellation;

2.4.2 The costs of any survey which we have carried out

2.5 If you cancel the contract for any reason other than our fault you shall not be entitled to the return of any deposit which you have paid to us in respect of the products and for the services

2.6 We reserve the right to make any changes in the specification or nature of the products and/or the services which are required to comply with any applicable safety or other statutory requirements or which wherever possible do not materially affect their quality or

performance, including but not limited to, any additional requirements revealed by any survey. We will notify you of such changes, and you must acknowledge in writing that we are authorised to make such changes and that you accept any additional charges for them. Failure on

your part to make such acknowledgment will entitle us to suspend the provision of the services and, in such circumstances; you will be liable for the cost of the services provided up to that date. This condition shall also apply to any changes made by you prior to or during the

survey on the strict understanding that no amendments by you to the products or services will be permitted after completion of the survey.

2.7 You are solely responsible for ascertaining whether the provision of the Services require planning consent or building regulation approval and/or any other permit, licence, approvals or consent from any body and obtaining and paying for any such consents and we shall have

no responsibility for any loss or damage which you suffer as a result of our performance of the Services in circumstances where you have failed to obtain any necessary permits, licenses, consents or approvals.

Contract Price

3.1 The price shall be that quoted on our order form and/or quotation and survey sheet

3.2 We reserve the right, by giving you notice at any time, to increase the price to reflect any increase in the costs of supplying the Products and/or providing the services due to any changes made by you or any factor made by you or any factor beyond our control, for example

alteration of duties, significant increase in the costs of labour, materials or other costs of manufacture, any change in performance date requested by you or any delay caused by any of your instructions or your failure to give us adequate information or instructions or any

changes to the products or the Services

3.3 All prices quoted by us will be subject to value added tax a the prevailing rate, which you will be liable to pay to us

Terms of Payment

4.1 Unless other payment terms are agreed at any time prior to our acceptance of your order we shall be entitled to invoice you for the Price on or at any time following the commencement of the provision of the Services. If we are unable, due to any fault of yours, to perform

the Services at the agreed time and place, we are entitled to invoice you for the price at any time after we notify you that we have attempted to effect performance of the Services or that we are entitled to effect performance of the Services in accordance with the Contract.

4.2 You must pay the Price on the day upon which the Products are installed.

4.3 If you fail to pay us on the due date then, without prejudice to any other right or remedy available to us, we shall be entitled to:-

4.3.1 cancel the Contract or suspend any further delivery of the Products or performance of the Services.

4.3.2 appropriate any payment made by you for such of the Products of Services (notwithstanding any purported appropriation by you):

4.3.3 charge you interest (both before and after judgement) on the amount unpaid at the rate of 8% per annum until the payment is made in full at any time.

4.3.4 Suspend and withhold the Guarantee and/or any other certificates until payment is made in full.

Our Services

5.1 We will perform the Services at the time(s) and place(s) agreed between us provided that we will only provide the Services between Monday to Friday during reasonable hours. In exceptional circumstances we may need to perform our services outside of these hours, which

will be agreed between you and us.

5.2 We shall not be liable for any delay of loss of damage due to our failure to perform the Services promptly, or at all, where such failure is due exclusively to matters beyond our control. Time for performance of our services shall not be the basis of the Contract under any

circumstances.

5.3 If we fail to perform the Services for any reason other than any cause beyond our control, reasonable or otherwise, or your fault (whether due to your failure to allow us access to your premises pursuant to condition 5.5 and below or otherwise), and we are accordingly found

to be liable to you, our liability shall be limited to the excess (if any) of the reasonable cost to you (in the cheapest available market) of similar products and or services subject to our approval to replace those not performed over the price, provided always that you have

previously notified us in writing of the alleged failure to perform pursuant to condition 7.6 and allowed us a period not being less than 21 days after delivery of such notice to complete the performance of the services.

5.4 You will give us, on the time (s) and date(s) agreed from time to time between us for the provision of the services for us, our employees, agents and representatives to enter onto your premises together with the free use of water and electricity in order to allow us, our

employees, agents and representatives to provide the services.

5.5 If you do not allow us access to your premises to complete the Services we will give you notice that we require access within 14 days and if you withhold access we will regard this contract as completed and any outstanding money will be payable immediately. Unpaid money

will be subject to interest as per condition 4.3.3

Property

6.1 Not withstanding delivery, installation and the passing of risk in the products or any other provision of these conditions, the property in the products shall not pass to you until we have received cleared payment in full of the price of the products and the services

Warranty & Liability

7.1 Subject to the conditions set out below we warrant that the products will be of satisfactory quality at the time of delivery and the services will be provided using reasonable care and skill and, as far as is reasonably possible, in accordance with the description contained in your

order

7.2 Notwithstanding the above warranty we shall not be liable for:-

7.2.1 Any defect in any glass or sealed units contained in the products provided that such glass conforms with the Glass Glazing Federations inspection guidelines for visual quality of insulating glass units as published from time to time, and

7.2.2 Any repairs to internal and external decoration and ceramic tiles other than damage caused buy the supplier negligence. We shall carry out the installation of goods with such care and skill so as to avoid causing damage to your property and will make good any damage

caused to plaster and cement works, floors, rendering and brickwork in the course of the installation.

7.2.3 Any materials removed during the course of the insulation which have been disposed of and cannot be retrieved unless any such items were clearly stated on the face of the Contract to be retained although we give no undertaking that any such items will be free from

damage.

7.3 We do not warrant or represent that the products will be of a uniform appearance and or quality with existing uPVC products at your premises and we shall be under no liability to you to ensure any such uniformity

7.4 We shall be under no liability to you for any failure to provide satisfactory products and/or services arising from any fault of yours in particular your failure to adequately fulfil the requirements of conditions 5.4 and/or 5.5

7.5 Subject as expressly provided in these Conditions, and except where the Products and Services are provided to a person dealing as a consumer (within the meaning of the Unfair Contracts Terms Act 1977) all warranties, conditions or other terms implied by statue or common

law are excluded to the fullest extent permitted by law. If the products and services are provided to you as a consumer (within the above meaning) then nothing in these terms and conditions or in the Contract is intended to limit rights which you may have under any statutory

provisions or other laws which may not be limited nor in any way to exclude any liability which we may have to you for any death or personal injury caused by our negligence.

7.6 You must notify us in writing, within 10 days, from the date of the completion of the Services of any claim which you make based on any defect in the quality of the Products or the Services of their failure to correspond with specification. If you do not notify us according and

(subject to Condition 9) we shall have no liability for such defect of failure. Retentions on account of any uncompleted services or alleged damage or defect to the Products or Services will not be permitted under any circumstances without our prior consent and approval as to the

amount of any retention which will be given at our absolute discretion. Any damaged Products will be repaired using recognised industry techniques or replaced at our discretion.

Notices

8.1 Any notice to be given under these Conditions shall be delivered by hand or sent by registered post to the usual address, or by email.

8.2 Notice shall be deemed to have been received:-

8.2.1 If sent by registered post;

8.2.2 If delivered by hand on the day of delivery;

8.2.3 If sent by email at the time sent.

Guarantee

9.1 The Products will be subject to the Guarantee on the following basis:

9.1.1 The uPVC profile used in the frame construction of the products in respect of the colour, stability, shape retention, impact strength retention and resistance from laden atmosphere, salt, cement mortars and certain other materials used in the building industry will be

guaranteed for up to 12 years and this will include the cost of labour.

9.1.2 Sealed glass units will be guaranteed for a period of 5 years from installation including cost of labour

9.2 All fixtures and fittings including locks, handles and hinges carry a 12 month guarantee from date of installation

9.3 The Guarantee is personal to you. The benefit of it can be transferred to the next immediate owner(s) of the premises at which the products are installed (and only to such a person or persons) provided that:-

9.3.1 The new owner provides us with such information as we require prior to the premises being transferred to him or her; and

9.3.2 Either you or the new owner pays us a fee of £200 plus vat

9.4 Our liability under the Guarantee does not include (among other things) the following:-

9.5.1 Any fault arising from fair wear and tear, deliberate or accidental damage, negligence, abnormal working conditions, failure to follow instructions, misuse or alteration of the products without our written approval

9.5.2 Any loss or costs, expenses or claims due to water ingress or storm damage as a result of (but not limited to) acts of God or extreme conditions

9.6 Hardware items can be easily replaced outside the guarantee period on a standard call out charge plus materials basis

9.7 No warranty or guarantee explicit or implied is hereby given that the installation of double glazing will reduce, eliminate or be free from condensation. We can supply a leaflet compiled by the Glass and Glazing Federation explaining condensation to you if requested

9.8 The Guarantee is dependent on you maintaining the Products properly, including following the simple maintenance procedure of regularly washing the uPVC profile with warm soapy water for the period of the guarantee