William Richards Sash Windows Ltd Terms & Conditions
1. Application of Conditions
1.1 In these Terms and Conditions “We” “Us” and “Our” refers to William Richards Sash Windows Ltd. The term ‘You’ “Customer” and “Client” refers to the purchaser of goods, or the user or viewer of our website.
1.2 These Terms and Conditions should be read in conjunction with our operation and maintenance manual and warranty guidelines, a copy if which can be supplied upon request.
1.3 By placing an order with us you are thereby agreeing to these terms and conditions.
2.2 Any quotation produce and given by us is valid for the period stated on the quotation. After this period we will produce a new quotation in accordance with the prevailing price file and any discounts will be removed.
2.3 It is your responsibility to ensure the accuracy of the items described in the quotation and inform us of any amendments required in writing to your allocated Sales Manager. Any amendments may result in changes in price.
2.4 Our quotations are an interpretation of your requirements, upon finalising of specific details the price may change.
2.5 If the supply of the complete goods or services is delayed by you for more than one calendar year after the order has been placed we reserve the right to update the quotation in accordance with the prevailing price file.
2.6 Due to the ever increasing energy and material costs we reserve the right to increase the price of orders after they have been placed proportionate to increased costs. You will be notified of any increases in final balance value in writing.
2.7 Verbal agreements between an employee of William Richards Sash Windows and you will not form any part of the contract. If a verbal agreement is made, you must assume it is not included in our contract until it is confirmed in writing.
2.8 If an order value increases post quotation you may be charged a second deposit to bring the deposit paid to 30% of the increased order value.
3.1 Any survey we carry out is not a full structural survey of your property and will relate only to the installation of the goods and to items. The assumption is made that your property is structurally sound and that there are no unknown factors that would hinder our capability or increase the difficulty of an installation.
3.2 Our technical surveys are non-destructive examinations and as such we cannot fully guarantee the accuracy of our technical surveys nor can we rely on them as method of removing unexpected issues during installation. Should you have any doubt regarding the structural condition of your property, you are advised to obtain your own independent survey. We reserve the right to remove render, plaster, architraves, beading and linings at time of survey in order to establish correct manufacturing dimensions. Any damage occurring during the survey process, excluding decoration, will be made good upon installation.
3.3 All site surveys are chargeable at discretionary rates. Rates will depend on the size and complexity of the project that requires the survey. Surveys carried out prior to an order being placed will be credited to the order, if an is not placed then the survey fee will not be refunded.
3.4 If we discover technical problems that increase the cost or require a change to the specification of the quoted goods or service we will inform you of such problems as soon as reasonably practicable following the survey. In these circumstances or similar we reserve the right to cancel the order or to adjust the price accordingly.
3.5 Following on from our technical survey you will receive details and drawings of each item you have ordered. You are responsible for confirming and approving the specification of these details and drawings, this confirmation and approval is required in order to commence manufacture. Changes to specification after approval may be subject to extra charge.
4. Payments & Cancellations
4.1 Payments are to be made via BACS, debit card, credit card or Cheque. Please note that each payment made via cheque will be subject to additional £50 +VAT admin charge. Cheques should be made payable to ‘William Richards Sash Windows Ltd’
4.2 We do not accept payments in cash.
4.3 If it is agreed that the goods are to be installed in phases then the payment for each phase is due on completion of that phase.
4.4 If, upon completion of the work, you are unhappy with the quality of the installation and finished product you are required to pay 90% of the final balance invoice. Any concerns should be discussed with our installation manager or your sales manager who will arrange a visit to inspect the work. Any remedial work will be booked and completed in at the earliest opportunity, the outstanding balance payment will be due upon completion of the remedial work. In the event of remedial work being required, you will not be eligible for compensation or discount.
4.5 Unless otherwise agreed and stated on your quotation, all orders of supply & install products and services require a deposit payment of 30% of the total order value. A second payment of 30% of the total order value is required one week prior to installation. If we do not receive the second payment we reserve the right to delay installation until it is received. A third payment of the remainder of the balance including any additional charges is required upon completion of the work.
4.6 All orders of a supply only nature require a deposit payment of 40% of the total order value. A second payment of 40% of the total order value is required one week prior to delivery. If we do not receive the second payment we reserve the right to delay delivery until it is received. A third payment of the remainder of the balance including any additional charges is required upon delivery of the goods to your property.
4.7 A 14-day cooling off period is provided once a deposit has been taken. You may cancel your order in writing within this cooling off period and you will receive a refund of your deposit, subject to a deduction for the cost of any work already undertaken such as sales and technical surveys.
4.8 If you do not cancel under clause 4.7 above, you have no right to cancel your order unless we agree to cancel the order at your request which should be given by you in writing to your assigned sales manager. If we agree to cancel your order you must pay any reasonable losses and costs we suffer because of your cancellation, including but not limited to any work already undertaken, manufacturing costs, any loss of profit and we will be entitled to retain part or all of your deposit to cover any such losses and costs.
4.9 If you cancel your order due to a failure to secure planning permission or listed building consent we will refund your deposit in full, subject to a deduction of the quoted listed building consent fee.
4.10 All invoices are due for payment upon receipt unless otherwise specified explicitly on the invoice.
4.11 If you fail to make payment within 10 days of the invoice due date you will be charged an additional 5% of the outstanding balance. If you fail to make payment within 30 days of the invoice due date the matter may be referred to a debt collection agent whose charges will be payable with the invoice debt.
4.12 Due to the nature of the work we carry out delays and mistakes can occur, in these circumstances you will not be eligible for a compensation or a discount.
5.1 As a result of an order you may receive confidential or market sensitive information. You agree that you will treat all such information as confidential and will not directly or indirectly disclose it or use it for any purpose other than to fulfil your obligations to us as the purchaser of goods and services.
6. Delivery & Installation
6.1 All installation dates, delivery dates or timescales are given in good faith and are accurate at the time of the dates being given. Whilst we endeavour to meet these date this is not always possible and as such the dates may be subject to change at short notice. We endeavour to inform you of any changes to the estimated dates at the earliest opportunity. If dates are changed or installation is interrupted for any reason, the company will not be held liable for any losses incurred nor will this be satisfactory reason for the withholding of any payment nor will a delay in delivery justify any discount.
6.2 Prior to our arrival, you may be required to prepare the pathways leading to and areas surrounding the area our operatives will be working in. This includes the area being free of furniture, curtains and belongings swell as any other items that could cause a trip hazard or obstruct our operatives from carrying out the installation. If upon our arrival there are obstructing items then our installers can move them for you at their own discretion, in this circumstance the company or any employees do not accept liability for loss or damage to the items that are moved. If there are a large number of items (that would require a large amount of time to move) or items of a delicate nature obstructing our installers from working, we will have to re-arrange installation until the obstructions are cleared, should this happen this day will be charged to you at the wasted day rate.
6.3 You will be responsible at your own expense for the removal, replacement (and/or alteration if required) of any fixtures and fittings or other items that we require to be moved in order to install the goods and supply the services including but not limited to curtains, shutters, grilles, blinds, pelmets, and soft furnishings, the lifting and refitting of carpets. We will not re-position any furniture that may have been moved or re-hang any curtains or blinds, but we will leave the site in a clean and tidy state.
6.4 Our products are bespoke and made to your specifications and manufacture is timed in order to accommodate installation dates agreed with you in advance. If you postpone an agreed installation date less than 4 weeks before the agreed installation date we reserve the right to charge you at the wasted day rate per installer for every day of installation lost in the event that no other suitable work can be found for the installers.
6.5 If our installers are prevented from carrying out the installation by the client’s actions or non-actions, including but not limited to, non-payment of the stage payment, not allowing access, not clearing a suitable work area; we reserve the right to remove our staff from your property and postpone the installation and to charge you for time lost through our installers visiting your property and being unable to work at the wasted day rate. This will be payable before any further installation dates are booked.
6.6 Our installers are not permitted under the terms of our insurance to reposition telephone or burglar alarm fittings or any other electrical connections, aerials, gas or water installations. If you do not comply with your obligations to organise this in advance we reserve the right to postpone or suspend the supply of the services until you have done so. If our installers are unable to continue to supply services on another item you will be charged accordingly at the wasted day rate.
6.7 We do not tolerate abuse of our staff in the office or on site and reserve the right to cancel your contract in the event that this occurs, in which case you must pay the whole of the outstanding balance immediately and we will deliver the goods to site without carrying out any installations.
6.8 Our installers will leave their working areas as tidy and clean as possible, however, dust will still linger in the air for several days after completion of the work which will inevitably come to rest on the floor and on items. We recommend opening the windows and doors as often as possible to increase ventilation and cleaning as much as possible to reduce dust.
6.9 We take the health and safety of all staff seriously and for this reason members of staff will not be required to remove shoes when working or visiting your property. If this is a concern for you, they will be supplied with plastic shoe coverings.
6.10 If you make any request to an operative that they deem to infringe or put their health and safety at risk, they have the right to decline this request.
6.11 Risk of damage to or loss of the goods shall pass to you at the time of delivery of the goods to your property. It is your responsibility to insure the goods from the time they are delivered to your property. You are responsible for protecting the goods from other trades who may be on site.
6.12 Ownership of the goods will pass to you once we have received payment in full from you. Until then, the goods remain our property but that will not prevent us from recovering payment from you of any amounts due.
7.1 We do not redecorate any existing doors or windows unless our work has exposed any timber, in which case we will apply 1 or 2 coats of primer undercoat to this area.
7.2 Painting of existing frames is carried out no further than but including the interior staff bead unless specified otherwise.
7.3 Dual colour paint finishes will be subject to an extra charge of £150 +VAT per item. Natural finishes will also be subject to an extra charge of £150 +VAT per item. Charges for natural finishes are additional to charges for dual colour finishes.
7.4 All hardware, designs and finishes are subject to client approval before manufacture, application or fitting. All window hardware from our collections are included in our cost – hardware sourced from a third party will be subject to extra charge. Our doors only include hardware specified on the quotation. Extra/different hardware from alternate suppliers can be sourced by WRSW subject to extra charge.
7.5 We retain the option of fixing any sash if weight cavity is not sufficient for both sets of new weights in an existing frame.
7.6 We will make good any damage that has resulted directly from our work including remedial work to sound plaster, render or brickwork which immediately surrounds the item we have worked on but we will not redecorate the areas surrounding the item. The work will be completed to a pre-decorative standard. To avoid doubt, damaged plaster will be filled but will require sanding and painting, damaged render will be re-rendered but we will not apply any decorative patterns or pebble dash. We are not responsible for any blown plaster as this is a pre-existing issue.
7.7 You are responsible for ensuring that your property is structurally sound, in good condition and free from defects. We will not be held responsible for any damage caused or extra work required if this is not so.
7.8 We cannot guarantee that existing shutters, blinds, curtains or ironmongery will still fit after the installation of complete new windows and doors and as such we will not be responsible for re-fitting these items or liable for any costs incurred in sourcing and installing their replacements.
7.9 We cannot guarantee that panes of glass from existing windows and doors will be remain intact during our services. Accordingly we will not be liable for any damage or total loss of such items.
7.10 When re-glazing broken window panes, putty requires a minimum of one month to fully dry out. Unless prior agreement has been made, we do not paint putty for re-glazed panes. If we are manufacturing items that require putty glazing the putty will not be painted unless otherwise agreed.
7.11 Any glass supplied and fitted by us will be in line with glass quality standards set out by the Glass and Glazing Federation, no other standards will apply.
7.12 It is your responsibility to obtain and maintain all necessary licences and consents including but not limited to building regulations consent, listed building consent, planning permissions in relation to the goods and services. However, we can supply you with necessary documents and offer advise during the application process which will be charged as a an additional service. Any advice given to you by a representative of us is an opinion and you should check if any planning is required. We do not accept any liability if any windows, doors or other items that are installed contravene any planning laws, conservation area rules or listed building regulations. It is the customer’s responsibility to ensure that the work we carry out is within regulations.
7.13 If we manufacture and supply the goods and services prior to you obtaining any of the necessary licences or consents the full balance will be payable upon completion even if said licences and consents are subsequently not granted. We will only manufacture and supply your order prior to obtaining the necessary licences and consents if you make the request to do so in writing.
7.14 Following on from our technical survey you will receive specification details and drawings of each item you have ordered. You are responsible for confirming and approving the specification of these details and drawings, this confirmation and approval is required in order to commence manufacture. Changes you wish to specification after approval may be subject to extra charge.
7.15 Due to progressive development, material shortages or to comply with relevant laws and regulations we reserve the right to modify or change product specification without prior notice.
7.16 We reserve the right to use sub-contracted labour in order to fulfil our order obligations, in any such case you will be notified of this. We also reserve the right to use third-party suppliers and products in order to fulfil our order obligations.
7.17 With exception of any remedial work under the Consumer Rights Act 2015, any guarantee and warranty will only be validated and activated once full payment has been received by us.
8.1 You agree to allow us access to your property to deliver the ordered goods and to provide the services as soon as you have been advised that the goods are ready for delivery. If you have not given us access to your property for this purpose within 4 weeks of being informed that the goods are ready for delivery, then (without affecting any other rights we may have) you must immediately pay the remaining outstanding balance of your order. We will be entitled to recover from you any reasonable losses, costs and expenses we incur as a result of your failure to take delivery of the Goods including (without limitation) any costs of storage of the goods.
8.2 It is your responsibility to pay for and provide suitable parking and any required parking permits before work commences. Failure to do so will result in any parking costs being added to the final invoice. Where appropriate, congestion charges will also be added to the final invoice. Failure to supply suitable parking for our installers and delivery drivers may result in your order delivery being postponed and you may be charged at the wasted day rate.
8.3 If we deem scaffolding to be required for the installation of the goods we will inform you at the earliest opportunity following any of our surveys. Our quotations doe not include the cost of any scaffolding required to fulfil your order.
8.4 The contract for provision of any such scaffolding will be between you and the supplier, accordingly you will be directly responsible for payment to the supplier.
8.5 As the health and safety of our installers is a priority, if you refuse to arrange scaffolding prior to our installation start we reserve the right to cancel your installation. In such circumstances we will deliver the goods to site without carrying out any installations. Any days on site where our installers have been unable to carry out any work due to lack of access will be chargeable at the wasted day rate.
8.8 Access equipment, excluding fixed scaffolding, will be hired and supplied by us. Hire costs will be added to your final invoice.
9. Wasted Days
9.1 If our installers are prevented from carrying out the installation by the client’s actions or non-actions, including but not limited to, non-payment of the stage payment, not allowing access, not clearing a suitable work area; we reserve the right to remove our staff from your property and postpone the installation and to charge you for time lost through our installers visiting your property and being unable to work at the wasted day rate of £500 +VAT per installer per day. This will be payable before any further installation dates are booked.
9.2 You will be charged for any further days in which we are unable to occupy our installers with suitable work up to the number of days your project was scheduled for at the same wasted day rate.
10.1 The following provisions set out the limits on our liability (including any liability for the acts or omissions of our employees, agents and sub-contractors) to you in respect of any breach of the contract or these conditions, any use made by you of any of the goods, or of any product incorporating any of the goods; any representation, statement or act or omission of the company including negligence arising under or in connection with the contract.
10.2 Nothing in these conditions excludes or limits our liability for death or personal injury caused by our negligence; or under Part 1 of the Consumer Protection Act 1987; Consumer Rights Act 2015; or for any matter which it would be illegal for us to exclude or attempt to exclude its liability; or for fraud or fraudulent misrepresentation; or for any liability incurred by you as a result of any breach by us of the condition as to title or the warranty as to quiet possession implied by either section 12 of the Sale of Goods Act 1979 or by section 2 of the Supply of Goods and Services Act 1982.
10.3 If the performance of our obligations under the Contract is prevented or delayed by any act or omission of yours or your agents, subcontractors, consultants or employees, we shall not be liable for any costs, charges or losses sustained or incurred by you arising directly or indirectly from such prevention or delay.
Subject to Clauses 10.1 and 10.2:
10.2.1 Our liability for any breach of the contract or negligent act or omission or any other claim you may have against us relating to the contract shall be limited to reimbursing the full contract balance (or that part of the balance that has been received by us) together with any reasonable losses, costs and expenses incurred by you as a direct result of our breach of the contract or negligence or other act or omission.
10.2.2 We will not be liable to you for any pure economic loss, loss of profit, loss of business or depletion of goodwill whether direct or indirect, or for any loss or damage which was not reasonably foreseeable or contemplated by us at the date of the quotation.
11. Your Obligations
11.1 In order for us to perform our obligations and carry out the work under the contract you will, at your own expense:
11.2 Comply with reasonable requests made by us, our agents or subcontractors, relating to the supply of the ordered goods and services, including but not limited to any requests relating to health and safety rules and regulations.
11.3 Prepare and maintain you property in accordance with these terms and conditions for the delivery of the ordered goods and services. This includes but is not limited to, ensuring the property is structurally sound, ensuring adequate parking is available, ensuring scaffolding is in place where required, ensuring our installers have direct unobstructed access to the windows and doors, ensuring there is adequate space for our installers to work in, ensuring there is adequate indoor space to store the goods.
11.4 Inform us of all health and safety rules and regulations and any other reasonable security requirements that apply to your property.
11.5 Obtain and maintain all necessary licences and consents including but not limited to building regulations consent, listed building consent, planning permissions in relation to the goods and services. If we manufacture and supply the goods and services prior to you obtaining any of the necessary licences or consents the full balance will be payable upon completion even if said licences and consents are subsequently not granted. We will only manufacture and supply your order prior to obtaining the necessary licences and consents if you make the request to do so in writing.
12. Your Privacy
12.1 Unless you make the specific request for us not to, we may use photographs of your property displaying the good and services we have carried out in advertising material including but not limited to our web site. All of your details as-well as general location of your property will remain private.
12.2 We collect personal information when you knowingly provide it, including when you contact us or request information. We us your personal information to send communications, respond to you, to verify your enquiry and to fulfil your order. We will also use your personal information in line with GDPR regulations to send you promotional materials and updates of company information.
13.1 If you have a formal complaint relating regarding our product or service please email firstname.lastname@example.org and copy in your relevant sales manager. Please quote your quote or order reference number within your correspondence and please provide as much detail as possible so we can be better equipped to help resolving the issue.
14. Force Majeure
14.1 We will not be in breach of our obligations under the contract if we are prevented from or delayed in the carrying on of our business or the performance of our obligations under the contract by any circumstances beyond our reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes, whether or not relating to either party’s workforce or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, provided that, if the event in question continues for a continuous period in excess of 60 days, you will be entitled to give notice in writing to us to cancel the contract.