In these Conditions of Sale the following terms shall have the following meanings:
“The Company is Progress Windows Roofline and Conservatories Ltd.
“The Installation” is the building, erection or structure or the parts or part thereof described in the order, including all items incidental or ancillary there to as specified in such order.
“The Customer” is the person or persons, firm or company who has agreed to purchase the Installation (s),
No variation of these conditions shall apply unless confirmed in writing by the Company from its Head Office.
The balance outstanding of the purchase price is due on satisfactory completion of the Installation. The Customer shall not be entitled by reason of any alleged minor defect to withhold more than a proportionate amount of the sum due.
An unpaid balance will incur interest rate of 2% per calendar month above the current bank rate. This condition will be waived by the Company only by prior agreement and acknowledged by the words “clause 3 waived by agreement with client” which will be appended in writing on the face of the contract. As a condition of the waiver it is required that the remaining balance be satisfied within the time agreed of completion of the Installation.
All dates and periods of time given specified by the Company in quotations and contracts are business estimates only. We will make every effort to complete the work by any time agreed with you. You must appreciate, however, that sometimes delays may occur for reasons beyond our control and we cannot be held responsible for those delays. If such delays occur we will complete the work as soon as possible. In the case of unforeseen circumstances beyond the reasonable control of the Company, we will contact the Customer and agree an alternative date. If either you or we are in reach of the arrangements under this agreement, neither of us will be responsible for any losses that the other suffers as a result unless those losses are a foreseeable consequence of the breach.
In the event of unforeseeable variations we reserve the right to cancel the contract, or increase the price. We will give you a full written explanation of any adverse structural conditions which may be encountered, together with a revised quotation. You will be entitled to cancel the contract if you do not wish to pay the higher price. If the contract is cancelled we will also refund all monies deposited by you.
The Customer shall notify the Company if there are any difficulties regarding access from the public highway to the Installation site.
After delivery and/or installation of any units you will be responsible for their safe keeping and you should make sure that you are adequately insured against any damage or loss which may occur to those items.
As it is our policy to continuously improve products, production and installation methods, we reserve the right to change specifications from time to time. We will not make significant variations without your agreement.
Samples and brochures are intended to demonstrate the workings of a typical window and the materials to be used. The windows manufactured to complete an Installation may have minor and technical changes, which are unavoidable deviations from original specifications.
Any claim by the Customer for faulty or poor workmanship must be notified to the Company as soon as reasonably practical after the fault/damage is discovered. In order to avoid any confusion or delay notification should be made to the Company in writing or confirmed in writing.
The person signing the order form shall be deemed to be the Customer unless he is expressed on the face of the order form to be signing on behalf of or as an agent from some other party, in which case such other party shall be deemed to be the Customer.
The Company will, at the Customer’s request give assistance and advice in connection with the Customer’s applications for all necessary permissions. Nevertheless, it is the responsibility of the Customer to ensure that all necessary permissions and approvals are obtained.
The Company will permit you to cancel the contract by sending written notice as below, before a 10 day cooling off period expires. Should it be discovered by technical survey or the Company surveyor that the contract should not be proceeded with then the contract is cancelled and the Company will refund any monies paid by the Customer.
Where a Customer has used finance facilities introduced by the Company a 10 day cooling off period is permitted, in keeping with good and fair business practices.
The Company accepts a duty of care but is in no way responsible for unforeseen damage to electrical wires passing through doors and windows, including phones, alarms, doorbells and wires from telegraph poles.
Until purchase price has been paid, the Company shall retain ownership of any goods that have not yet been fixed to your property.
Nothing in these conditions will reduce your statutory rights relating to faulty or misdescribed goods. For further information about your statutory rights contact your local Trading Standards Department or Citizens Advice Bureau.
The Customer accepts that the Installation may cause damage to decorations. This provision does not exclude the Company’s responsibility for damage which is beyond what is reasonably commensurate with the fitting of the window(s) in the usual way (for example damage to other areas of the premises where the window(s) are not being fitted). The Company is not responsible for further work that is not connected with this Installation.
All quotes and contracts are subject to survey.
In the unlikely event there is anything you are not completely satisfied with, please contact us as soon as you can in order that we can rectify any problems as soon as possible. Either call us on 01455 632731, or write to us at 30 Westfield Road. Hinckley. Leics. LE100QW.
Or email email@example.com and we aim to respond within 3 days of receiving your complaint and where possible, will provide you with a date to remedy any issues raised.
Where we are unable to resolve your complaint using our own complaints procedure, as a Which? Trusted trader we use Dispute Resolution Ombudsman for dispute resolution. In the unlikely event that we cannot remedy your complaint to your satisfaction you may wish to refer your complaint to them. If you wish to do so please contact Which? Trusted traders in the first instance on 0333 241 3209 or via their website http://www.disputeresolutionombudsman.org/which-trusted-traders-partnership/
If you wish to cancel the contract you MUST DO SO IN WRITING and deliver notice of your cancellation personally or send it to the Company.