TERMS & CONDITIONS
1. DEFINITIONS: In this agreement the following definitions apply:
a. “Peerless Windows Sales Limited” shall be called “Peerless”.
b. “Installation” – in the case of supply only contracts “Installation” shall mean “delivery”
c. Written notice where required shall be given either by prepaid Recorded Delivery post addressed to Peerless Windows Sales Limited, 129 Northfield Avenue, Ealing, W13 9QR or be delivered by hand during office hours to any Peerless branch and a written acknowledgement obtained.
d. “Premises” shall mean “the installation address”
2. PARTIES: This agreement is made between Peerless and the Purchaser and shall not be assigned without Peerless’s
3. ILLUSTRATIONS: Any illustrations in Peerless’s promotional literature and in this agreement will not be to scale and are for the Purchaser’s guidance only.
4. CANCELLATION: This agreement may be cancelled without penalty by written notice of cancellation given by the end of the seventh day, except for any contract signed on Peerless Windows Sales Limited premises.
a. This agreement is conditional upon Peerless’s surveyor’s approval of the Schedule of Work following inspection.
b. Peerless reserve the right to make such modifications to the Schedule of Work as their surveyor deems necessary.
c. If the surveyor’s approval is not given for whatever reason or the Purchaser does not accept the proposed modifications,
the deposit will be refunded, without interest, and the agreement will be at an end.
The sole purpose of Peerless’s surveyor’s inspection is to ascertain the feasibility of the installations shown in the Schedule of Work. 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 installations. Peerless will not be responsible for remedying any defect existing before the installation date or any damage arising therefrom.
a. Any variation of this agreement must be in writing and signed by both parties.
b. The estimated period of delivery will run from the date of such variation (or when the contract is financed by a Building Society or Finance Company from the date that confirmation of approval of the loan is received, whichever is the later).
a. The time for delivery overleaf (or as varied per clause 6 above) is only an estimate.
b. If the work is not substantially completed within the estimated delivery period stated in this agreement, the Purchaser may serve written notice on Peerless requiring Peerless to complete the work within such reasonable period as the Purchaser may specify (in general the Company would accept six weeks as being reasonable). If the work is not completed within such extended period, the Purchaser may cancel the uncompleted work covered by this agreement without penalty to the Purchaser by written notice to that effect on Peerless.
c. Notwithstanding the foregoing, Peerless shall not be liable for any delay in the completion of the work which arises from causes beyond its reasonable control and in the event that time had been made the essence of the contract, time shall not run during any period when delay on that account is operating.
d. Upon receipt of notice that goods are ready for installation by Peerless, the Purchaser shall by arrangement afford access to the premises forthwith. Non acceptance of installation will render the Purchaser liable for further charges.
8. CUSTOMER RESPONSIBILITY: The customer is responsible for:
a. Obtaining any necessary planning, legal, or other permissions prior to the installation.
b. Where necessary, the removal or re-sitting prior to the installation of any pipes and cables and also to make any necessary arrangements with the regulatory authorities.
c. The customer shall be responsible for the removal and replacement of any blinds, pelmets and curtains, and accompanying fixtures & fittings.
9. ADDITIONAL WORK / INFORMATION:
a. Peerless will endeavour to ensure that the works match the existing finishes but will 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.
b. Peerless will make good of any damage caused in the course of installation to plaster, floor, rendering, brickwork or pointing immediately surrounding any window or door installed but Peerless cannot guarantee to avoid causing superficial damage to surrounding wallpaper and paintwork or to avid damage to ceramic tiles in the same area. The making good of that damage is the Purchaser’s responsibility.
c. Peerless cannot undertake to remove intact any existing glass, frames or secondary double-glazing units or guarantee to remove or replace existing secondary double-glazing units without causing damage.
d. Peerless 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, door bells, burglar alarms or gas.
e. Peerless does not undertake any painting or finishes (internally or externally), and hence have not charged for such services. Peerless will however prepare your surround so that it is suitable for you to decorate.
f. All materials removed during the course of installation will be cleared from site and cannot be retrieved thereafter. If any materials are required to be retained (but see clause (c) above) this must be clearly stated on the contract.
g. Information used to generate the quote is not stored. Quote breakdowns will not be available after signing the contract.
a. Unless stated otherwise, Peerless will require an advanced payment/deposit to confirm your order.
b. Interim/stage payments (if applicable): Unless stated otherwise, Peerless will require an interim payment for larger contracts orders or Split Installations (products supplied in phases). The interim payment will become due when goods have been manufactured and Peerless has issues and confirmed installation dates with client.
c. Peerless has quoted its price to you on the footing that you will pay it in full when the job is substantially completed. Accordingly Peerless rely on you to pay the whole of the balance of the price when given notice of substantial completion
by way of an invoice. Any sum outstanding representing the whole or part of the balance of the price following substantial completion will become liable for the imposition of interest which shall run at the rate of 5% above the base
rate for the time being fixed by National Westminster Bank PLC until actual payment.
11. V.A.T.: V.A.T. will be payable by the Purchaser at the appropriate rate in addition to the price.
a. The Guarantor guarantees to repair or replace without charge any frame which develops a fault due to defective materials or construction if written notice of defect is given within:
(i) 10 years of date of installation for window frames
(ii) 10 years of installation of hinges, handles and locks
(iii) 10 years of date of installation of glass sealed units, except for composite doors
(iv) 5 years of date of installation for composite doors
(v) 1 year of date of installation on all products that were “supply only”.
The guarantee does not extend to damage or faults due to accidents, misuse or neglect.
b. If the Purchaser chooses to retain the existing timber frames and Peerless install their products, then it must be understood that the warranty does not extend to the existing timber frames.
a. In the interest of efficiency dealing with any query, written notice of any enquiry should be given.
b. The Purchaser hereby agrees to afford Peerless a reasonable opportunity of remedying any complaints for which Peerless are Liable.
14. LAW: NOTHING IN THESE TERMS AFFECTS THE PURCHASER’S STATUTORY RIGHTS.
a. By agreeing to this order, you are also consenting to your personal data being shared with third parties for guarantee purposes and for the purpose of fulfilling the requirements of the Competent Person Scheme for self-certification under Building Regulations. Personal data includes title, name, address, phone number and email address. This data will be used to provide essential documentation and will be retained on file for the lifetime of our guarantees, which do not exceed 10 years.
Peerless Windows Sales Ltd.
129 Northfield Ave, Heritage Quarter, Ealing, W13 9QR
Tel: 0208 567 6000