1. Parties

This contract is made between Aluminium Windows Ltd t/a Pure Trade Windows (The Company) and the customer and shall not be assigned without The Company’s written consent.

2. Variations

Any variations to this contract must be in writing and signed by both parties.

3. Survey

a) This contract is conditional upon The Company’s surveyor’s approval of the proposed work following inspection. The purpose of the surveyors inspection is to ascertain the feasibility of the works proposed by this contract. He will not undertake a general survey of the premises. His inspection will be confined to those areas of the premises which directly relate to the proposed installation. The Company will not be responsible for remedying any pre-existing defect or for any damage arising from such defect.

b) The Company reserves the right to propose such modifications to this contract as its surveyor deems necessary.

c) If the surveyor’s approval is not given for whatever reason or the customer does not accept the proposed modifications, the deposit will be refunded without interest, and the contract will be at an end.

4. Consents

The Customer shall be responsible for ensuring that all necessary consents required for the works, such as Planning, Building regulations and Restrictive Covenants, where applicable, are obtained prior to proceeding with the schedule of works on this contract. If consent is not given by the relevant authority, any deposit paid will be returned, without interest, and the contract will be at an end.

5. Illustrations

Any illustrations in The Company’s promotional literature and documentation are for the customers guidance and information only and will not be to scale.

6. Product

Demonstration windows, doors and other goods, used to demonstrate the working of typical product and its composition, are only a guide to products. The windows and other products detailed in the schedule overleaf will be manufactured and installed by The Company using such manner and materials as The Company consider suitable. Pursuant to the Company’s policy of continuous improvements of Products The Company reserves the right to make minor modifications in design, specification or composition as it shall think fit.

7. Time

a) The Estimated Installation Date is only an estimate.

b) If this contract is varied or if the contract is financed by a third party loan to the customer then The Company may extend the Estimated Installation Date by such additional time as may be reasonable.

c) If The Company fail to commence work by the Estimated Installation Date (as extended by sub clause b above or by agreement between the parties) then the Customer may serve written notice on The Company making time of the essence and requiring The Company to complete the work within such reasonable period as the Customer may specify not being less than six weeks. If the work is not completed within such period, the Customer may cancel the uncompleted work by service of written notice to that effect on The Company, and shall be liable to pay only a reasonable proportionate on The Company, and shall be liable to pay only a reasonable proportionate price for the works actually executed.

d) The Company shall not be liable for any delay in the completion of work due to causes beyond its reasonable control and in the event that time had been made the essence, time shall not run during any period of such delay.

e) Upon receipt of notice that the goods are ready for installation by The Company the customer shall afford access to the premises within a reasonable time. Non-acceptance of installation will render the Customer liable to pay the full value of the Contract without deduction of any savings that The Company may enjoy as a result of not installing the goods.

8. Exclusion of Liability

a) The Company will not be responsible for moving services such as radiators, pipes, electricity, telephone/television cables, television and radio aerials, satellite dishes, burglar alarm equipment/ wiring and fixtures or fittings, and all services and fixture and fittings must be moved by the customer to facilitate the installation of the goods.

b) The Company shall not be liable to the Customer for damage to any services and fixture and fittings.

c) The Company shall not be liable to the Customer for any interference to television, radio or satellite reception suffered during installation of the goods, and shall not be liable for the cost of realignment of television and radio aerials or satellite dishes if accidentally disturbed during installation.

d) Installation of the goods will cause disturbance to internal and external surfaces. The Company liability shall be limited to repairing such disturbances to a reasonable standard and shall not be liable for non-matching due to weathering of existing materials and cannot guarantee the matching of external specialist finishes such as pebble-dashing, tyrolean or similar material. The Company shall not be liable to carry out redecoration of any such repairs. When variations occur in existing finish lines The Company cannot guarantee that equal amounts of subframe will be visible all way round.

e) The Customer shall be responsible for making good of disturbance to any surrounding wallpaper, paintwork and ceramic tiles.

f) All materials removed during the course of installation will be cleared from the site and cannot be retrieved thereafter.

9. Guarantee

The Company undertake to extend to the customer material guarantees provided by its suppliers and to repair or replace free of charge any faulty goods where such fault arises due to defective materials or workmanship to:

a) Handles, locks and hinges within one year of installation as defined by the manufacturers;

b) Sealed units within five years of installation as defined by the manufacturers;

c) All other items within 6 months of installation.

The warranty does not extend to:

(i) Minor imperfections of the glass as defined by the glass manufacturers terms.

(ii) Damage or faults due to accidents, misuse or neglect by the Customer.

(iii) Premature failure of material due to the Customer failing to carry out adequate Product maintenance.

(iv) The removal and/or repositioning of the installation or part of the installation if it has been carried out by persons other than authorised The Company personnel.

(v) Existing timber, adjacent to the installation of The Company products remaining at the Customers request.

10. Condensation

a) Double glazing units are designed to reduce the heat loss which occurs through single glazing, and not to reduce or cure condensation.

b) The Company gives no warranty concerning the incidence, prevention or elimination of condensation following the installation of its products neither do its personnel have the authority to give such a warranty.

11. V.A.T.

V.A.T will be payable by the Customer at the appropriate rate.

12. Payment

a) This Contract is not conditional on payment of the deposit by the Customer. If The Customer fails to pay the deposit, or if deposit payment is dishonoured then The Company may at its absolute discretion;

(i) proceed with the Contract and waive the Customers failure to pay the deposit, or

(ii) suspend performance of the Contract until the deposit is paid, or

(iii) cancel the Contract.

b) The balance of the price shall be payable by the Customer to The Company immediately upon delivery of The Company’s invoice following substantial completion. Any sum not paid following substantial completion will be subject to interest from the date of invoice to the date of actual payment at the rate of 5% per annum above the base rate for the time being fixed by Lloyds TSB Bank Plc.

c) The Customer shall not be entitled to withhold payment on account of a minor defect to the goods or works.

13. Complaints

a) In the interest of efficiently dealing with complaints, written notice should be given by the Customer to The Company of any compliant as soon as practicable.

b) The Customer hereby agrees to afford The Company reasonable opportunity of remedying any complaints for which The Company are liable.

c) If any complaint is not remedied by The Company to the customer’s reasonable satisfaction, then the dispute shall be referred to an arbitrator, such arbitrator to be agreed jointly between The Company and the Customer and in default of agreement nominated by the President of the Chartered Institute of Arbitrators.

14. Cancellation

a) If this Contract has been signed upon trade premises then the Customer does not have the right to cancel the Contract.

b) If this Contract has not been signed upon trade premises then the Customer has the right to cancel the Contract by serving written notice upon The Company within fourteen days of the date of this Contract.

c) Save as set out in sub clause b) above this Contract may only be cancelled by the Customer with the written agreement of The Company and upon terms that the Customer shall indemnify The Company in full against loss of profit, costs (including the cost of administration and all labour and materials used), damages, charges and expenses incurred by The Company as a result of cancellation.

15. Statutory Rights

Nothing in these terms affects the Customer’s statutory rights.

16. Force Majeure

Neither Party will be liable to the other Party for any delay in or failure to perform its obligations (other than payment of the Price) as a result of any cause beyond its reasonable control, including but not limited to, any industrial dispute, acts of God, war and civil disturbance, strikes, riots, terrorist activity, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, or storm or disputes with suppliers or contributors. If such delay or failure continues for at least 90 days, either Party will be entitled to terminate the Agreement by notice in writing.

17. Notices and Service

a) Any notice, request, instruction or other document to be given hereunder shall be delivered by hand or sent by first class post or by fax or electronic mail (such fax or electronic mail notice to be confirmed by letter posted within 12 hours) to the address of the other party on the Quotation and any such notice or other document shall be deemed to have been served;

(i) if delivered by hand, at the time of delivery; and

(ii) if sent by post, upon the expiration of 48 hours after posting; and

(iii) if sent by fax or electronic mail, upon the expiration of 12 hours after dispatch.

18. General

a) Neither Party shall without the prior written consent of the other Party assign, transfer, charge or deal in any other manner with the Agreement or its rights under it or part of it, or purport to do any of the same, nor sub-contract any or all of its obligations under the Agreement.

b)The Agreement may be executed in any number of counterparts each of which when executed by one or more of the parties hereto shall constitute an original but all of which shall constitute one and the same instrument.

c) The Agreement contains the entire agreement between the Parties and supersedes all prior agreements, negotiations and discussions between the parties relating to it. In the event of any conflict between the Quotation and this Agreement, the terms of this Agreement shall prevail.

d) Save as expressly provided in these Conditions, no amendment or variation of the Agreement shall be effective unless in writing signed by a duly authorised representative of each of the Parties.

e) Each party acknowledges that, in entering into the Agreement, it does not rely on any representation, warranty or other provision made or given by or on behalf of the Company except as expressly provided in these Conditions.

f) The failure of a Party to exercise or enforce any right under the Agreement shall not be deemed to be a waiver of that right, nor operate to bar the exercise or enforcement of it at any time or times thereafter.

g) If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.

h) The Parties to the Agreement do not intend that any term of it shall be enforceable by a third party as defined in the Contracts (Rights of Third Parties) Act 1999 under the provisions of that Act.

i) The Agreement shall be governed by English Law and the Parties submit to the exclusive jurisdiction of the English Courts.

j) Any complaints can be raised with our staff at our business address at 3-4 Eastwood Court, Broadwater Road, Romsey SO51 8JJ.

k) Aluminium Windows Ltd t/a Pure Trade Windows Is registered in England 08581032. Registered Address 3-4 Eastwood Court, Broadwater Road, Romsey, SO51 8JJ.