Terms & Conditions

In these Conditions all references to ‘the Company’ shall mean 1st Choice Windows NE Ltd and the expression ‘the Customer’ shall mean the party with whom the Company is contracting for the supply of goods or provisions of services.

Applicability

Unless -otherwise expressly agreed by the Company in writing, these Conditions shall apply to all contracts for the sale of goods and/or provision of services entered into by the Company with the Customer. No servant or agent of the Company acting on his own shall have the power to alter or in any way vary these Conditions. Any attempt by the Customer to vary these Conditions or substitute alternative Conditions whether in writing or otherwise shall be of no effect.

Orders

Any order received by the Company in pursuance of a quotation or otherwise and whether made orally or in writing shall be deemed to be an offer to contract and no binding and valid contract shall be effected unless and until the Company accepts the Customer’s offer.

a. The contract shall be conditional upon a satisfactory report being received by the Company from its surveyor. Upon receipt of this report the Company reserves the right to cancel the contract. Such cancellation shall be notified to the Customer in writing.

b. The Customer shall be entitled to cancel any order placed provided notice of cancellation is received by the Company within 14 working days of the date of the placement of the order.

Payment

a. The balance due shall be paid forthwith on demand by the Company in the form of a final notice on completion of works.

b. Any amounts unpaid at the expiry of 14 days from the date of invoice shall bear interest at 5% above the base rate for the time being Barclays Bank plc, such interest accruing on a daily basis from the date of the invoice until payment.

Access

a. The Customer agrees to allow the Company access to the premises at all reasonable times to allow the Company to complete the work in accordance with this contract.

b. Where access to adjoining property is required to allow the completion of the works it shall be the responsibility of the Customer to arrange such access and the Company shall be entitled to assume that such arrangements have been made.

Specification

While every effort will be made by the Company to carry out the work to the original specification, the Company reserves the right to change the specification without prior notice. However, this clause shall not be construed so as to allow the Company to render contractual performance substantially different to that envisaged at the date of the contract.

Work included in the contract price

a. The contract price is calculated to include all work that is readily detectable at the date of the quotation by the Company.

b. Any remedial work that may subsequently prove necessary to roof timbers, cement verges, roofing tiles or other work of a like nature which may be required to facilitate installation shall be carried out by the Company and chargeable as an addition to the contract price.

c. All reasonable site clearance and general making-good to disturbed brickwork pointing, ground connections, etc are included in the contract price unless specific instructions to the contrary are received from the Customer at the time of quotation.

d. Any defects must be reported to the company within 48 hours of installation to include but not limited to scratches in glass or profile.

Dates and times

Any installation dates or times for completion of work given by the Company are estimated only and time shall not be the essence of the contract.

Exclusions

a. The Company shall take reasonable precautions to minimise the risk of damage to the Customer’s premises, but shall not be held responsible for any deterioration of the fabric of the building during or after the completion of the work.

b. The Company shall not be held liable for any losses arising to the Customer out of delays in the commencement or completion of the contract, or failure to perform the contract for any reason outside the control of the Company including (but without prejudice to the generality of the foregoing) illness or incapacity, Act of God, fire, inclement or exceptional weather conditions, official or unofficial industrial action, hostilities (whether war is declared or not), shortage of labour, materials, power or other supplies, mechanical breakdowns, governmental order or intervention or any other cause whatsoever beyond the Company’s control or of an unexpected or exceptional nature.

c. The liability of the Company in any case shall be limited in accordance with clause 11 hereof to the replacement of goods that are defective or damaged and shall not extend to any losses consequential thereto provided always that this clause shall not be construed as an attempt to exclude the liability of the Company for death or personal injury arising as a result of the Company’s negligence.

Title to goods

Ownership of any goods supplied by the Company shall not pass to the Customer until payment in full for all goods and services including extras due from the Customer has been received by the Company and the Company shall not be required to hand over any items until such payment has been received. Goods shall however pass to the Customer immediately upon completion of the work.

Guarantee

All work done and materials supplied by the Company in accordance with this contract shall be guaranteed for a period of 10 Years as Guarantee (Our Guarantee) from the date of completion of the contract provided that:

a. Payment in full has been received by the Company;

b. The fault in the installation has not arisen as a result of intervention of a third party or inadequate maintenance by the Customer.

In either of the foregoing circumstances the guarantee shall be void and remedial work shall be chargeable at the Company’s normal rates. This guarantee is in addition to the Customer’s statutory rights.

Applicable law

These Terms and Conditions shall be governed and construed in accordance with the law of England.

GDPR

By agreeing to this quotation / agreement you are also consenting to your personal data being shared with third parties for the purposes of fulfilling the requirements of the Competent Person Scheme for self-certification under the Building Regulations. Personal data includes title, name, address, phone numbers and email address. This data will be used to provide essential documentation and will be retained on files for the lifetime of the guarantees which do not exceed 10 years PVC and 20 Years Aluminium.

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