TERMS & CONDITIONS

PEERLESS WINDOWS SALES LTD TERMS AND 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 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 written agreement.

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. 3D renders of proposed installations are for illustration purposes 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’s premises. After this date, reasonable deductions for expenses paid are taken from the deposit and the remainder refunded.

5. SURVEY:

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.

D. Damaged or rotten lintels may be uncovered during installation. Peerless will not be responsible for remedying any defect existing before the installation date or any damage arising therefrom.

6. VARIATION:

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.

7. DELIVERY:

A. The time for delivery overleaf (or as varied per clause) is only an estimate and assumes payment of the deposit on the same day of signing the contract. Delay in deposit payment will result in a delay to the delivery time.

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 if 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. PURCHASER RESPONSIBILITY:

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 to make any necessary arrangements with the regulatory authorities.

C. The Purchaser shall be responsible for the removal and replacement of any blinds, pelmets and curtains, and accompanying fixtures & fittings ahead of the installation date. If the Purchaser fails to do this, Peerless window’s engineers may attempt to take down these on a best effort basis to proceed with the installation. Peerless will not be liable for damage to these items, nor be responsible for their reinstatement.

D. Where the Purchaser is not the homeowner, the Purchaser will declare this in writing to Peerless and will provide written permission from the homeowner for Peerless to proceed with the installation.

9. ADDITIONAL WORK / INFORMATION:

A. Peerless is not 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 during 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 avoid 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 structure of the property including without limitation radiators, pipes, electrics, telephone, television cables, doorbells, burglar alarms or gas pipes.

E. Peerless does not undertake any painting or finishes (internally or externally) and 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 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.

H. Existing shutters are unlikely to be able to be refit onto the new replacement windows, as the new windows will not be the same dimensions as the existing.

10. PAYMENT:

A. Unless stated otherwise, Peerless will require an advanced payment/deposit to confirm your order.

B. An interim payment is due once an installation date is confirmed with the Purchaser. Failure to pay the interim payment ahead of the installation date may result in the installation date being postponed.

C. On larger orders, an additional interim payment may be due upon survey.

D. 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.

E. Our bank details will not change throughout the execution of your contract and are as follows: Name: Peerless Windows Sales LTD, Bank: Bank of Scotland, Sort code: 12-20-26, Account number: 01648350.

11. V.A.T.: V.A.T. will be payable by the Purchaser at the appropriate rate in addition to the price.

12. GUARANTEE: 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:

A.   10 years from date of installation for window frames, window hinges, window handles and window locks.

B.   10 years from date of installation of glass sealed units, excluding internal blinds, stained glass and composite doors.

C.   5 years from date of installation for composite doors.

D.   1 year from 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. If the Purchaser chooses to retain the existing timber frames and Peerless installs their products, then it must be understood that the guarantee does not extend to the existing timber frames. A comprehensive description of the guarantee is available on our website (www.peerlesswindows.co.uk) or upon request. The guarantee start date is upon substantial completion of the installation; however, it cannot be claimed upon until the Purchaser has paid the contract in full. Any issues arising during a period of delinquency will not be covered by the guarantee. The guarantee does not extend to condensation outside of the panes of glass.

13. COMPLAINTS: Complaints must be submitted in writing to Peerless. The Purchaser hereby agrees to afford Peerless a reasonable opportunity of remedying any complaints for which Peerless are Liable. The Purchaser agrees to resolve complaints and disputes via The Glazing Arbitration Scheme.

14. DATA HANDLING: By agreeing to this order, you are consenting to your personal data being shared with third parties for guarantee purposes (i.e. FENSA) and, where necessary, to complete installation (i.e. scaffolding companies). 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.

15. LAW: 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.

NOTHING IN THESE TERMS AFFECTS THE PURCHASER’S STATUTORY RIGHTS.