Windows Plus Roofs Limited – Terms and Conditions of sale

 

We are Windows Plus Roofs Limited a company registered in England and Wales.

Our company registration number is: 11590335 and our registered/ head office is at 182 Earlsway, Team Valley Trading Estate, Gateshead, NE11 0RQ. Our registered VAT number is 333109730.

Our trading names are “Windows Plus Roofs” and “Kitchens Plus Bathrooms”.

You can contact us by:

• Telephone: 0191 2123456 (please note that calls may be recorded for training and monitoring)
• Email: [email protected]
• Post: Windows Plus Roofs Ltd., 182, Earlsway, Team Valley Trading Estate, Gateshead, NE11 0RQ
• If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order

 

Placing your order and entering into a contract with us

We will provide you with a quotation for our windows, doors and/or roof products (“the Products”) and related Installation services (“the Services”) which will be valid for a period of 1 month from when we provide the quotation to you. We may contact you to follow up any quote provided within that timescale. Please see our Privacy Policy for details on how we process your personal data at:

https://www.windowsplusroofs.com/privacy-policy/.

Following our quotation for the Products and the Services, your order constitutes an offer by you to enter into a legally binding contract, which we will either accept or decline. The Contract comprises of the purchase order and these Terms and Conditions and will come into existence when you sign the purchase order and pay the deposit of £250 inclusive of VAT.

1. The Contract is a legal agreement between you and us for the sale and purchase of the Products and Services detailed in the purchase order.
2. We have clearly set out all Products, Services and special terms of this Contract in the purchase order so that we both know what is included in the Contract.
3. If you or we want to make changes to the terms of the Contract after it has been signed, including associated changes to price (a “Variation”), if both you and we agree to the Variation, we will do so in writing as a formal amendment to the Contract. Where you have requested a Variation, if within twenty-one (21) days, we cannot reach agreement with you, we or you may terminate the Contract without liability, and you will pay to us any costs incurred up to the date of termination.

 

Pre-Installation Survey

4. Before we install the Products, our technical surveyor will need to survey the installation address (“the Survey”). We will contact you once you have placed your order within a reasonable timeframe to arrange a date and time for the Survey to take place.
5. The purpose of the Survey is to confirm the design, size and technical specifications of the Products and to make sure that we can properly install them.
6. The Survey and your acceptance of it forms a key element of the Contract into which we are entering with you. The details contained within the Survey will form the basis of the manufactured goods provided at point of installation.
7. We will contact you after the Survey has taken place if we believe that we are unable to provide the Products and/or Services set out in the purchase order. At this stage we will either offer an alternative solution for your acceptance, or we will cancel the Contract and refund any sums paid by you to us.

 

Right to Cancel

8. The Products we sell are made to measure and made to your specific requirements and so are exempt from the right to cancel under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. However, in line with industry standards of good practice, you may cancel the Contract within seven calendar days of the date of the Contract (“Free Cancellation Period”) and we will refund any money you have paid to us.
9. Without prejudice to our other rights and remedies under this Contract, if you wish to cancel the Contract after the Free Cancellation Period has lapsed, or we cannot agree an Installation Date in accordance with condition 10 we will: (i) retain any deposit paid by you to us (ii) charge a reasonable admin fee in connection with your cancellation fee and (iii) if we have committed to the manufacturing of the Products, charge any further costs and expenses incurred by us above and beyond the fees retained or paid pursuant to (i) -(ii) inclusive above.

 

Installation Date

10. We will contact you when the Products are ready for installation and agree an installation date with you so that we can perform the Services (“Installation Date”). We will do our best to keep to the Installation Date. Sometimes, there may be a delay for reasons beyond our control for which we cannot be held responsible. In this case, we will complete the work on an alternative date as agreed with you and as soon as possible. You agree that we will not be responsible for any type of losses you suffer arising from such delay, including loss of earnings and the appointment by you of any third-party installer to perform the Services or to provide the Products. If we cannot agree an Installation Date within three (3) months of the Contract being signed, we may cancel the Contract and: (i) retain any deposit paid by you to us (ii) charge a reasonable admin fee in connection with your cancellation fee and (iii) if we have started manufacturing the Products, charge any further costs and expenses incurred by us above and beyond the fees retained or paid pursuant to (i) – (ii) inclusive above.
11. Once we have agreed the Installation Date, you should carefully read and action prior to the Installation Date any relevant conditions in accordance with condition 12 below.

 

What do I need to do before installation?

12. Please read these details in advance of your installation which set out your obligations.
    1. Before installation takes place, you must:
    2. Ensure our installers have easy access to all rooms in which work is to be carried out;
    3. Ensure our installers have full external access to the areas of work and any external trees and bushes are trimmed back and plant pots are removed from the installation area;
    4. Cover any and all pieces of furniture you wish to protect from the frame removal and installation dust. We will place dust sheets over your carpets;
    5. Ensure all loose rugs are removed from the installation areas;
    6. Ensure all alarm contacts, curtains, blinds, shutters, pelmets, and curtain rails are removed;
    7. Ensure any electrical, gas or plumbing works required to allow installation to take place have been completed;
    8. Remove all special fittings you wish to keep e.g., door knockers, numbers etc.;
    9. Ensure all personal and valuable items are removed from the installation areas and
    10. Provide adequate dry and secure storage pace for storage of the product’s pre-installation;

 

13. You must allow us access to your property, and you acknowledge and agree that if you do not allow our personnel access to your property, we will be unable to provide the Products and Services. If you do not allow us access to your property (including as required under condition 24): (i) we will be forced to terminate the Contract (ii) we will be entitled to retain any money already paid by you to us and (iii) you will be liable for the full Contract value.
14. You must ensure there is no asbestos in your property when you enter into the Contract. If our installer or technical surveyor reasonably suspects or discovers the existence of asbestos, we may immediately stop the installation for our and your safety and we will not be responsible or liable for any delays which occur as a result.
15. At our discretion and if you agree, where asbestos is found or reasonably suspected at your property, we will appoint a third party at your cost to test the property for asbestos. Where the existence of asbestos at your property is confirmed, you will need to remove it at your own cost. When we have received confirmation that any asbestos has been removed, we may, at our discretion, continue to provide our Services, however upon discovering asbestos we reserve our right to terminate this Contract without liability.
16. We will not be liable to you or responsible for any delays, loss or damage howsoever incurred by you which arises as a result of you failing to comply with any of your pre-installation obligations referred to above.
17. Delivery of the Products will take place at the address specified by you and confirmed on the purchase order. You are responsible for the Products once they have been delivered to the address specified by you when you placed your order with us. In other words, the risk in the goods passes to you when you take, or a third party notified by you takes, possession of the Products.

 

What happens during Installation?

18. When we agree an Installation Date, we will give you an estimate of how long the installation will take. This is an estimate only and although we will try to keep to those timescales, we will not be responsible if the installation takes longer than initially estimated.
19. If scaffolding and other access equipment is provided by us as part of our Services, this is for our authorised installers’ use only and you must not use the equipment or authorise anyone else to do so.
20. We will try and keep dust, noise and general disruption to a minimum, but you must take reasonable steps as outlined above in conditions 12-17 inclusive, to minimise the impact of the installation. Whilst we will clean up after the installation, there may be some dust and other minor cleaning issues. We will not be liable to you for any cleaning expenses.
21. We give no guarantee that any existing doors or windows can be removed in suitable condition for re-use. Under this Contract, all items will be considered scrap and removed with the debris.
22. We will use reasonable care and good working practices when carrying out our Services. If we substantially damage your property during the installation, we will repair certain damage, including any plaster work which was not already damaged prior to the Installation Date, however:
    1. we will not paint or decorate your property and any repairs are solely to make good any significant damage caused when we provide our Services to you and
    2. whilst we will do our best not to disturb decoration, given the nature of our services there may be some disturbance to tiles, paint and wallpaper, especially to those that surround the window. These are considered decoration, and should they be accidentally damaged they will not be replaced, and we will not be liable for the cost of any re-decoration.
23. If at any time during the installation you have any concerns about a member of our installation team or the quality of the Services being provided, please contact us immediately using the details set out in this Contract so that we can try to rectify any issues.
24. If we need to come back to your property following completion of the Services to resolve any snagging issues, once a date has been agreed, you must grant us access to the property to be able to make these amendments within a reasonable period of time taking into account the urgency of the snagging issues, but in any case, within 4 weeks. We will not be liable to you if we attend your property to resolve any snagging issues and you deny access to us.
25. We will pass details of your installation to ASSURE or another appropriate organisation which will then send you a certificate confirming we have adhered with all legal regulations. This normally takes 28 days.

 

Price and Payment

26. The price of the Products and our Services (including VAT) along with any deposit, is the price set out on the purchase order.
27. If you are using, or have arranged, your own funds for the purchase, then Payment must be made in full at least 3 days before installation work
28. If you are using credit for the purchase, you will be asked to sign a digital satisfaction note at completion of the works and once signed the finance company will release payment to us. We deem completion to mean when our operatives leave site after carrying out the contracted works, with the understanding that further snagging works may be required.
29. You must make payment of any balances due on the due dates for payment set out in the purchase order, otherwise we will not provide the Products or perform the Services.
30. If any payment is not received by the due date for payment, we will be entitled to charge interest in the sum of 4.0% per annum above the base rate of the Bank of England from time to time.
31. Windows Plus Roofs Limited is an Introducer Appointed Representative and provides a pure client Introduction through Improveasy Ltd., a company registered in England and Wales (Co. Reg. number 7807352). Registered Office: Station House, Stamford New Road, Altrincham, Cheshire, WA14 1EP. The firm is authorised and regulated by the Financial Conduct Authority (FRN 708623). The firm is authorised as a Broker, not a Lender and offers credit facilities from a panel of lenders. The credit is subject to application and status

 

What if there is something wrong with the Products and/or installation?

32. We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with the Products or Services, please contact us as soon as possible using the contact details set out at the top of this document. In entering into this Contract, you agree that we will use our Complaints Handling Procedure to deal with and escalate any complaints. If we cannot resolve the dispute, as a ASSURE registered business, you and we both agree to settle any disputes via ASSURE’s Arbitration Scheme. ASSURE’s decision will be final, but not binding on the you.
33. Subject to the terms of your guarantee, your compliance with the terms of this Contract, and specifically conditions 34-39 below, we agree to repair or replace any Products which develop a fault (in materials or workmanship) provided such fault occurs and you notify us of such fault within 10 years of the installation. Moving parts are limited to a one-year manufacturers guarantee.
34. In order for us to fulfil our guarantee commitments, you must grant us access to the property to be able to effect repairs or replacements, which in some instances this may require multiple visits.
35. Faults do sometimes occur and in accordance with our guarantee we will look to rectify these in line with these terms and conditions as quickly as possible. We however will not be held liable for any losses that were not foreseeable to us or you at the time of contracting (including but not limited to loss of earnings or income) because of a fault during the 10-year guarantee period.
36. During the period of your guarantee, product design and specification can change and we therefore cannot guarantee like for like replacements during the entirety of the 10-year period if your products are replaceable subject to the guarantee terms. We will however supply and fit the most suitable available alternative or upgraded product design and act reasonably in co-operating with you regarding the same.
37. You will invalidate your guarantee, or elements of it if:
    1. any third party we have not authorised has carried out repairs or alterations to the Products or surrounding areas or
    2. the Products have been damaged by an accident or misuse. Please note that window and door furniture can tarnish when exposed to the atmosphere. This tarnishing can happen more quickly if the surface is damaged by keys, rings or other jewelry. If this kind of damage is obvious, this will invalidate your guarantee or
    3. you do not notify us of damage to the products provided that you believe were either present at point of installation and/or as part of the installation process within 4-weeks of the installation date.
38. Sample windows show the workings of a typical window and the types of materials we will use. You acknowledge and agree that the bespoke Products we make for you may have minor technical differences to such samples.
39. We cannot guarantee against any imperfections or variations over time in the glass Products supplied to you. Glass is a natural product that can display various visual properties that are not faults and do not detract from the performance of the Products. The coatings that provide the required energy rating may cause a coloured hue or haze in certain lighting conditions, these are unavoidable consequences of the glass making process and not faults.

 

Insurance

40. As an ASSURE registered business, it is a condition of our Contract that you enter into a contract of insurance in respect of the guarantee. The insurance contract provided to you insures you if we cease trading and cannot honour the guarantee, subject to exclusions and restrictions set out therein. The policy is provided through The Consumer Protection Association, an appointed representative of CPA Consumer Guard Ltd., authorised and regulated by the Financial Conduct Authority (FCA) No. 3006009, who will issue policy documents directly to you following the completion of installation.

 

Limits on our liability

41. Nothing in this Contract limits or excludes in any way liability for death or personal injury caused by negligence, fraud, or fraudulent misrepresentation, and any other losses which cannot be excluded or limited by applicable law.
42. We will not be liable for any consequential, special or indirect losses or damages such as loss of income or revenue (including loss of wages or salary), loss of business or loss of anticipated savings.
43. We will not be liable to you where: (i) we have expressly stated in this Contract that we do not take responsibility for such losses and/or costs (ii) any losses are caused by your failure to take any steps required under the Contract or the Installation Preparation Guide or (iii) any losses not caused by our breach of Contract.
44. Subject to conditions 41,42 and 43 above, our total liability to you under the Contract or otherwise will be limited to the total price you have paid for the Products and Services under the Contract.

 

Finance

45. If you have entered into one of our linked finance agreements, you have additional rights under this contract under the Consumer Credit Act 1974. Windows Plus Roofs Limited is an Introducer Appointed Representative and provides a pure client Introduction through Improveasy Ltd., a company registered in England and Wales (Co. Reg. number 7807352). Registered Office: Station House, Stamford New Road, Altrincham, Cheshire, WA14 1EP. The firm is authorised and regulated by the Financial Conduct Authority (FRN 708623). The firm is authorised as a Broker, not a Lender, and offers credit facilities from a panel of lenders. The credit is subject to application and status.

 

General

46. No one other than a party to this Contract has any right to enforce any term of this Contract.
47. English law will apply to this Contract. Subject to condition 32, if you wish to issue Court proceedings, the Courts of the region of England and Wales shall have exclusive jurisdiction in relation to this Contract.
48. If, after reading this Contract, you are not sure of your rights and obligations under the Contract, you should contact our office on 0191 2123456.

 

Notice of your right to cancel

Please read clause 8 & 9 of the terms and conditions provided. You have placed an order for goods that are made to measure and to your specific requirements and as such, are exempt from the right to cancel.   However, if you want to cancel the contract in line with clause 8 & 9 of these Terms and Conditions you should do so via one of the contact methods as indicated below within seven calendar days, starting from the day after you receive this notice (day number 1).   We will treat the notice of cancellation as being served on the day of posting or, in the case of electronic requests, on the day it is sent, and for telephone requests on the day it is received.   A linked credit agreement will be automatically cancelled if you cancel this contract.   If you write and ask us to place the order and manufacture the goods before the end of the cancellation period and you then cancel the contract, you will have to pay for those goods and services

Contact Details Postal Address To: Customer Service Manager Windows Plus Roofs Ltd, 182 Earlsway, Team Valley Trading Estate, Gateshead, NE11 0RQ OR: Telephone: 0191 2123456 Lines are open: Monday to Friday 9am to 5pm   For written cancellations, please use the format suggested below: I want to cancel the agreement with Windows Plus Roofs.   Your name:________________ Contract Number:____________   Your Signature: :________________    Date: ____________

Quality Control

As part of our commitment to the services we offer, you may receive a call from our Quality Control Department following the completion of your installation.

We always try to give our customers the best possible service and so we would be grateful for any feedback you could provide.

We would be grateful for your cooperation and thank you in advance for your help.

 

Customer Charter

We have grown to be become one of the Northeast’s leading home improvement companys because of:

• our commitment to our customers
• the quality of our products and
• customer care

 

Our Customer Charter sets out the minimum standards that you can expect from all of the people involved in our business. Our customers are at the centre of our business and we will do our best to always deal with you honestly, reasonably and with respect.

 

1. We will always carefully consider all enquiries from our customers with total confidentiality and do our best to deal with them in a reasonable manner and within a reasonable timescale.
2. Our staff will always identify themselves first.
3. We will carefully consider customers’ requests and give priority to the most urgent.
4. Our staff will offer advice on our products and services clearly and simply, though as we are authorised and regulated by the Financial Conduct Authority, we cannot provide financial advice.
5. We realise that sometimes a customer may be vulnerable as a consequence of mental or physical infirmity, age, credulity, learning difficulties, illiteracy and/or if English is not their first language. Should this situation arise and it becomes obvious that the information we provide to the customer is not being understood then we will ask the customer to seek the involvement of a trusted friend or relative before proceeding. We will then make a new appointment to visit the customers home at a time when the trusted friend or relative can be present.
6. If we have agreed dates of visits, we will do all that we can to ensure that we meet them.
7. If you write to us, we will acknowledge your correspondence.
8. If we need to take action to resolve an issue, we will do our best to take this action within 14 days of receiving information about the issue.
9. We will do our best to return phoner calls within 24 hours, where possible.
10. We will do our best to deal with all complaints as quickly as possible and in line with our procedure for handling complaints, which includes access to the Financial Ombudsman Service as appropriate. You can get a copy of this by calling 0800 111 4445 or online at: https://www.kitchensplusbathrooms.co.uk/files/pdf/Complaints-Policy-Kitchens-Plus.pdf. You agree to notify us and to give reasonable opportunity to remedy any complaint you may have.
11. We will consider all compensation requests fairly and sympathetically.
12. We will handle and deal with all our customers in line with all relevant laws.
13. We will monitor our complaints and quality management systems and review them regularly.
14. If we have fallen below the standards set out in this charter, we will apologise.

 

The charter has been approved by our board of directors.

 

Customer Declaration:

• I understand that I am entering into a legally binding contract for the purchase of made to measure goods and associated installation services
• If I am self-funding the purchase, I agree to pay the balance at least 3 (three) days in advance of the installation;

OR

• If paying by finance, agree to provide a signed satisfaction note (as appropriate) immediately when the items are delivered or when the installation is complete;
• I understand it is my responsibility to make sure there are no restrictions preventing replacement conservatory roof, porch, plastic windows or doors to be installed in my property. If I fail to do so I will still have to pay for the goods;
• I have agreed to the sale price as below, however I understand that all orders remain subject to a technical survey in accordance with the terms and conditions of sale;
• I confirm I have read, understood and agree to the terms and conditions of sale, as set out in this document and that I am entering into a contract for goods made to measure and to my specific requirements;
• I confirm that I have been told about all the available methods of payment and having considered my options have decided to pay using the method specified in the contract document. Please see your credit agreement for full details (if applicable).
• I confirm that if I have chosen to pay by credit, I have had the key features of the loan explained to me and will be given a copy of the Pre–Contract Credit Agreement (PCCI). I understand there is a 14 day right to withdraw from the finance agreement if the method of payment is not right for me, and I will arrange an alternate method of payment.

 

 

Customer Signature:                                Sale Price: £XXX.00                                 Date: