Conditions of Sale

THESE TERMS AND CONDITIONS UPDATE AND SUPERSEDE ALL OUR OTHER TERMS AND CONDITIONS ISSUED.

1. DEFINITIONS
1. ‘Conditions’ means these standard terms and conditions set out in this document and any special terms  and conditions specifically agreed in writing.between the Customer and WindowWorx from time to time.
2. ‘Contract’ means the contract between the Customer and WindowWorx for the purchase and installation of  the Products incorporating these Conditions.
3. ‘Customer’ means the person described as the Customer in the Order Confirmation or Contract.
4. ‘Premises’ means the premises at which the Products are to be installed by WindowWorx.
5. ‘Products’ means the products as manufactured, supplied by third parties and/or installed by WindowWorx  and as set out in the Schedule of Works.
6. ‘Order Confirmation’ means the Order Confirmation form signed by the Customer;
7. ‘Schedule of Works’ means the work to be carried out by WindowWorx as set out in the Order Confirmation  or Contract.
8. ‘WindowWorx’ means WindowWorx whose head office is at 60 Loverock Road, Reading, RG30 1DY;
9. ‘Writing’ and ‘written’ includes email, written letter, and comparable means of communication.
2. BASIS OF PURCHASE
1. The Contract is made between WindowWorx and the Customer in accordance with any written quotation of  WindowWorx which is accepted by the Customer and which is subject to these Conditions which shall govern  the Contract (or any Variation of the Contract ( VOC ) as applicable) to the exclusion of any other terms and  conditions subject to which any such quotation is accepted or purported to be accepted or any such order is  made or purported to be made by the Customer.
2. Any illustrations in WindowWorx’s promotional literature and documentation are for guidance purposes only  and are not binding on WindowWorx or to scale. All colour-stained swatches are for the Customer’s guidance  purposes only and WindowWorx cannot guarantee exact colour matches due to the manufacturing  processes.  
3. Any typographical, clerical or other error or omission in any sales literature, quotation, acceptance of offer,  price list, invoice or other document or information issued by WindowWorx shall be subject to correction by  WindowWorx without any liability on the part of WindowWorx.
4. The Contract is personal to the Customer and the Customer shall not be permitted to assign the Contract or  any part of it without the prior written agreement of a director of WindowWorx.
3. SURVEY
1. The Contract is conditional upon a surveyor appointed by WindowWorx (the “Surveyor”) approving the Schedule of Works and specifications as contained in the Contract.
2. In the event the Surveyor believes that the Schedule of Works and specifications detailed in the Contract need to be amended in any way or additional works need to be carried out, the Contract shall be amended by WindowWorx in its sole discretion and signed by both WindowWorx and the Customer (the “Variation of Contract”).
3. The Customer agrees that WindowWorx shall not be obligated to carry out any works pursuant to these Conditions until the provisions of this clause have been satisfied.
4. In the event the Surveyor is unable to approve the Schedule of Works and/or the specifications contained in the Contract for any reason whatsoever or the Customer refuses any amended Schedule of Works or other amendments, then WindowWorx shall repay to the Customer the deposit (without any payment of interest) and the Contract will be terminated.
5. The Customer hereby acknowledges and agrees that the Surveyor, in carrying out his obligations pursuant to this clause 3, will only ascertain the feasibility of the Schedule of Works specified in the Contract. The Surveyor is not a building surveyor and will not undertake a general survey of the Premises but will survey such areas of the Premises that relate directly to the Schedule of Works. WindowWorx shall not be liable for remedying any defect existing in the Premises before the date of installation pursuant to the Schedule of Works or for any damage arising therefrom. In the event WindowWorx insists that new lintels are required where none existed previously or where existing lintels have deteriorated, any new lintels are the responsibility of the Customer and not WindowWorx. In the event WindowWorx needs to carry out any remedial works prior to carrying out the Schedule of Works, WindowWorx shall give to the Customer a written quote for such additional works. If WindowWorx is unable to carry out the remedial works or the Customer
   wishes to appoint a third party to carry out such remedial works WindowWorx shall not commence the Schedule of Works until such time as the remedial works have been completed to WindowWorx’s satisfaction and the Premises have been re-surveyed.
4. CANCELLATION
1. Where a Contract is negotiated away from WindowWorx’s business premises, the Customer is entitled to cancel the Contract for any reason and obtain a refund of any deposit paid by sending a notice in Writing to WindowWorx within seven days of the date on which the Contract was entered into. This date is considered to be the earlier of either the deposit payment being made, the contract being signed. Should the contract be cancelled after this time WindowWorx reserves the right to recover all costs incurred including loss of profits.
2. WindowWorx shall be entitled to cancel the Contract for whatever reason without penalty by giving the Customer written notice:
   1. at any time prior to the commencement of installation of any of the Products; or
   2. in the event the Customer fails to pay any payment when due.
3. It is agreed that in the event of WindowWorx cancelling the contract prior to the installation of products, all monies received by WindowWorx in relation to this contract will be returned to the client no later than 14 days after the cancellation date, save for deduction of all costs incurred by WindowWorx and loss of profits. Should the costs include finished goods, these items will be passed to the client upon receipt by WindowWorx. Should the deposits received be less than the costs and loss of profit the client shall pay any additional sums due under this addendum to WindowWorx within 7 days of the cancellation.
5. VARIATION
No variation of these Conditions or the Contract shall be binding unless agreed in writing by way of an Addendum to Contract signed by both a Director of WindowWorx and the Customer.
6. DELIVERY
1. The time of delivery, the period for installation of the Products and final completion as set out in the Contract or the Variation of Contract are approximate only and WindowWorx shall not be liable for any delay in the delivery, installation and completion of the Products however caused. Time shall not be of the essence for the purpose of these Conditions and the Contract.
2. If the work is not commenced within the estimated installation period provided post survey, the Customer may serve written notice on WindowWorx requiring the work to be commenced within a reasonable period of time but in any event no less than 8 weeks from notification to WindowWorx (the “Extended Period”). If WindowWorx fails to commence the work within the Extended Period the Customer may cancel the Contract (without liability) by providing to WindowWorx not less than 7 days written notice and will receive a refund of any monies which represent a payment for the installation of the Products by WindowWorx pro rated against the actual work carried out by WindowWorx, cost of goods manufactured and costs of goods in manufacture.
7. CUSTOMER OBLIGATIONS
1. The Customer undertakes to ensure that all applicable consents, permits, permissions and government requirements (including without limitation planning permission and building regulation approval) are obtained prior to WindowWorx commencing the Schedule of Works.
2. WindowWorx will not be responsible for moving any services, fixtures or fittings which are ancillary to the basic structure of the property including without limitation radiators, pipes, electricity, telephone, television cables, doorbells, burglar alarms or gas services. The Customer must ensure that such removal is carried out prior to WindowWorx commencing the Schedule of Works.
3. WindowWorx shall clear from the Premises any materials it has removed during the course of carrying out the Schedule of Works. The Customer acknowledges and agrees that any such materials cannot be retrieved unless it is clearly specified in the Contract that they are to be retrieved.
4. Whilst WindowWorx shall render all finishes where appropriate in one coat of sand and cement the Customer shall be responsible for all final and specialist finishes.
5. The Customer shall be responsible for the removal and replacement of any blinds, pelmets, curtains and all and any window dressings.
6. In the event the Customer wishes WindowWorx to remove any secondary double glazing WindowWorx shall charge the Customer at the current rate.
8. LIABILITY
1. Whilst WindowWorx will endeavour to ensure that the completed Schedule of Works matches the existing finishes at the premises, WindowWorx shall not be liable to the Customer in respect of non-matching due to weathering of existing materials at the premises or non-matching of existing external specialist finishes including without limitation pebble-dashing, tyrolean or similar material. Similarly, when variations occur in existing plaster lines.
2. WindowWorx cannot guarantee that equal amounts of subframe will be visible all round.
3. In the event WindowWorx needs to remove or replace existing glass, frames or secondary double-glazing units, WindowWorx shall not be liable for any damage caused as a result of such removal or replacement.
4. Whilst WindowWorx will make good any damage caused by it in the course of installation in respect of plasterwork, floors, rendering or brickwork immediately surrounding any products installed, it will not be obligated to provide matching ceramic, other tiles, timber floors or specialised finishes or be liable to the Customer in the event there is any damage to surround wall finishes or any panes of glass or frames from old windows which the Customer wishes to retain.
5. WindowWorx shall not be liable for any loss or damage suffered or incurred by the Customer as a result of any structural or other defects in the Customer’s Premises. Any complaint or claim by the Customer for compensation for damage done by WindowWorx for which WindowWorx may be liable under these Conditions must be made in writing within 7 days of installation, in default of which WindowWorx shall accept no liability thereof.
6. WindowWorx shall not be liable for any delay in the completion of the work which arises from causes beyond their reasonable control (for example fire, flooding, civil disturbances, strike action, action by suppliers, delays by suppliers, criminal damage, acts of war and pandemic). Time shall not run during any period when there is a delay on such accounts. Non acceptance of the installation will render the Customer liable for additional expenses. If within 8 weeks of the end of the estimated installation period, the Customer is unable to accept an appointment for installation, 90% of the purchase price will be payable to cover the costs incurred by WindowWorx for the manufacture and or procurement of the products. Installation or delivery will follow as soon as is reasonably practicable by agreement and the remaining 10% balance will be payable.
7. Whilst WindowWorx shall use its reasonable endeavours to fulfil its obligations pursuant to the Contract, WindowWorx shall not be liable for any delay due to, or any loss of damage occasioned by any cause arising from or attributable to acts, events, omissions or accidents beyond its reasonable control including but not limited to acts of God, strikes, lock-outs, shortage of labour or any other labour trouble, shortage of power, materials, malicious damage or obligatory compliance with any request, order or regulation of any person having or appearing to have authority in that regard whether for defence or other national or local governmental purposes or otherwise.
9. PRODUCT SPECIFICATION
1. Please refer to your contract / order confirmation paperwork for product specification. Should any further information be required we refer you to the manufacturer’s specification, which is available upon request.
2. Frames and vents manufactured outside manufacturer’s specification will not be covered by the guarantee set out in clause 15.
3. Window Energy Ratings vary from product to product and specification. It is the client’s responsibility to ensure the suitability of the product for the purpose of Window Energy Ratings.
4. WindowWorx reserves the right to provide a suitable alternative product if required and the product provided may not necessarily be the exact replica of any samples provided. In the case of manufacturer branded products, should these become unavailable WindowWorx and the customer reserve the right to cancel the contract without penalty.
10. NEW BUILD OR PREPARED OPENINGS

In the event WindowWorx is manufacturing the Products to the Customer’s specifications, WindowWorx shall not be responsible to check that any such specifications supplied by the Customer are accurate. If the specifications supplied by the Customer are inaccurate, the Customer shall indemnify WindowWorx against the cost and expense incurred by WindowWorx as a result of manufacturing the Products.

11. BUILDING WORK

Unless the Contract states to the contrary WindowWorx shall not carry out, be responsible for or supervise any building work on behalf of the Customer. If the Customer wishes WindowWorx to arrange for building work, WindowWorx shall appoint a builder and the costs of such builder will be included in the Contract, or VOC. The Customer acknowledges and agrees that WindowWorx shall not accept any liability for any claims, demands, actions, proceedings and all damages, losses, costs, and expenses (including legal expenses) suffered or incurred by the Customer as a result of any building works not carried out by WindowWorx.

12. PAYMENT
1. WindowWorx shall be entitled to invoice the Customer for the Price when it has substantially completed the Schedule of Works. Unless otherwise agreed in writing with WindowWorx, the Customer shall pay the Price immediately upon receipt of the invoice. Any sum outstanding following substantial completion will be subject to interest, which shall run from the date of the invoice to the date of actual payment at the rate of 5% above the rate for the time being fixed by Lloyds Bank plc. The parties agree that this paragraph 11 is a substantial remedy for late payment of any sum payable under the Contract in accordance with section 8(2) Late Payment of Commercial Debts (Interest) Act 1998.
2. WindowWorx is authorised to accept BACS and Debit Card Payments in favour of WindowWorx only. If there is some minor defect in the work, the Customer is still liable to pay the invoice pursuant to the terms of clause 12A but shall be entitled to rely on clause 15.
13. PASSING OF TITLE
1. Risk of damage to and loss of the Products shall pass to the Customer at the time that WindowWorx delivers the Products to the Customer. If the Customer does not allow installation to take place immediately after delivery of the Products, the Customer shall insure the Products against loss and damage accordingly. In the event there is any loss or damage to the Products prior to installation, the Customer shall hold the proceeds of any insurance as trustee for WindowWorx.
2. Notwithstanding delivery and the passing of risk in the Products or any other provision of this Contract, the property in the Products shall not pass to the Customer until WindowWorx has received payment in full (pursuant to clause 12) of the Price.
3. Until such time as property in the Products passes to the Customer the Customer shall make the Products available to WindowWorx & allow WindowWorx, its agents and employees an irrevocable licence to enter any premises in which the Products are stored in order to repossess or inspect them
14. VAT

The Customer is required to pay VAT at the appropriate rate. If the Customer believes that it is entitled to pay less than the standard rate, it must provide satisfactory proof at the time of entering into the Contract otherwise it will be invoiced at the standard rate.

15. GUARANTEE
1. In case of a repair or replacement, the period of guarantee shall extend up to the limit of the original guarantee or for 12 months from the date of the replacement whichever is later.
2. WindowWorx guarantees to repair or replace free of charge any PVCu or Aluminium frame installed by WindowWorx which develops a material fault due to defective materials or workmanship within 10 years of the date of installation, validated upon receipt of full payment. Should the manufacturer’s warranty extend beyond this then this extended period will be taken as the guarantee period. SEE TABLE.
   1. WindowWorx guarantees to repair or replace, free of charge, any double or triple glazed unit installed by WIndowWorx into UPVc or aluminium frames which develops material condensation due to manufacturing defects internally between the panes within 10 years of the date of
      installation. Units installed into timber, timber frames, composite frames or client provided frames will be guaranteed for a period of 5 years from the date of installation. Where a sealed unit is encapsulated by the client it will be the responsibility of the client to remove and replace such encapsulation so as to provide WindowWorx with ready access to the sealed unit.
3. WindowWorx guarantee the powder coating applied to the aluminium profiles for a period of 10 years, or the manufacturer’s guarantee period*, whichever is longer against the following faults:
   1. Peeling, powdering and blistering;
   2. Corrosion, except to bending or folding after the paint is applied;
   3. Chalking, fading and loss of sheen;
4. Please notify WindowWorx where the frames are to be installed within hazardous environmental conditions, such as marine, industrial or swimming pools as may affect the guarantee period which will be subject to prior agreement. The end user is responsible for maintaining and cleaning the products in line with the extruder’s requirements, failure to do so will invalidate the guarantee, details can be obtained on request.
5. All white, foiled, painted or coloured PVCu are covered by our profile suppliers’ specific guarantees and are subject to their terms and conditions of use, please ask for further details on these terms. SEE TABLE.
6. Despite the fact that the Customer’s statutory rights remain unaffected, this guarantee does not extend to:
   1. Minor imperfections with the glass, which are outside the scope of the visual quality standards of the Glass and Glazing Federation (“GGF”). The glass used in WindowWorx units is of the best available quality but may have minor imperfections. The Customer will have the benefit of the
      warranty of the glass manufacturers where applicable but WindowWorx cannot promise a higher standard of glass than currently provided.
   2. Damage due to misuse, neglect or lack of maintenance by the Customer. WindowWorx strongly advises the Customer to refer to the operation and maintenance information in the customer care pack provided
   3. Goods that have been removed or repositioned by persons other than WindowWorx;
   4. Timber that the Customer has insisted remains in situ adjacent to the Products installed by WindowWorx;
   5. Specialist items installed, other than those shown in section (vi) where the manufacturer’s normal guarantee will apply;
   6. Deterioration in finish or other conditions beyond WindowWorx’s control on door and window handles, hinges, letter plates, door knockers, and all other furniture. The manufacturer’s
      guarantee will apply only; SEE TABLE.
   7. The build-up of atmospheric debris behind the external gaskets;
   8. Matching stained glass colours as these vary from batch to batch;
   9. Double glazed units with holes cut in for extractor fans, cat flaps, dog flaps, etc;
   10. Painted door panels. The manufacturer’s 12 month guarantee will apply only.
7. For the first 12 months after installation, cracks which appear in the glass units may be covered under the guarantee. However, this will be subject to an inspection by WindowWorx to determine the cause.
8. Should the Customer subsequently sell the Premises during the lifetime of the guarantee, the new owner of the Premises must notify WindowWorx within a period of three months from the sale of the Premises. A chargeable inspection will be carried out to evaluate the condition of the installation. Providing that the installation has been maintained in accordance with the conditions of the guarantee, the guarantee may be transferred once for an additional fee.
9. The guarantee may be invalid if either full payment is not made or costs are incurred by WindowWorx recovering monies on this account.
10. In the event that the original part/item/component is no longer available and it cannot be repaired we will replace it with an equivalent original part/item/component.
11. In the event of a guarantee claim, any and all site access that was originally provided by the client or WindowWorx to facilitate the original installation is to be provided by the client at the clients cost. This includes but is not limited to scaffolding, towers, lifts and hoists.
12. In the event of water ingress the limit of any claim shall be the remedy of the defect if found to be a product installed by WindowWorx. WindowWorx will not be held liable for damage to any other product, this includes but is not limited to fixtures, fittings, furnishings and food stuffs.
16. DATA PROTECTION ACT 2018
1. The Contract may be conditional upon WindowWorx’s approval of the Contract following an agency search. The agency will keep a record of the search and share that information with other businesses. WindowWorx reserves the right to cancel the Contract with immediate effect should adverse credit information come to light which WindowWorx believes may adversely affect the Customer’s payment pursuant to the Contract.
2. By entering into the Contract the Customer consents that WindowWorx may process any personal data (including sensitive personal data) that WindowWorx collects from the Customer in accordance with the Customer’s express instructions.
17. CONDENSATION AND NOISE
1. WindowWorx double and triple glazed units are designed primarily to reduce heat loss which occurs through single glazing. The presence of condensation depends upon the environment within the dwelling and exterior atmospheric conditions. For the avoidance of misunderstanding, please refer to the GGF leaflet about condensation.
2. WindowWorx gives no warranty concerning noise reduction or the incidence, prevention or elimination of condensation following the installation of the Products, nor do its personnel have the authority to give such warranty.
3. Where trickle vents have been fitted, external noise may be louder inside the Premises following installation.
18. COMPLAINTS
1. In the interest of efficiently dealing with any query, written notice must be given to WindowWorx at its Head Office.
2. In entering into the Contract, the Customer agrees to afford WindowWorx a reasonable opportunity to respond to, and remedy, any complaint for which WindowWorx is liable.
19. AGREEMENT

The Contract and these Conditions represents the entire agreement and understanding of the parties and supersedes any previous agreement between the parties relating to the Contract. The Customer acknowledges and agrees that in entering into the Contract it does not rely on and will have no remedy in respect of any statement, representation, warranty, or understanding (whether negligently or innocently made) of any person whether or not a party to the Contract other than as set out in the Contract and these Conditions. Nothing in these Conditions or the Contract shall operate to exclude or limit liability for fraud.

20. LAW

The Contract shall be governed by the laws of England and the parties irrevocably submit to the exclusive jurisdiction of the English Courts.

TABLE 

* 5 years into single family residence, anything other is 2 years.

* 1 year on bulb end, monkey tail, wrought iron and regency handles

** Door handles – The guarantees do not apply to decorative surface finishes, or to surface corrosion that does not impair the normal functioning of the product

** 10 years on – door panels, OS-20 sliders
Marine grade products have different warranty periods and limitations, if this information is relevant to your products, please request this from your sales representative at the time of purchase.