Terms & Conditions
The following terms and conditions apply to the Contract between Composite Doors Cardiff Limited and the Customer and each future request for the supply of services and/or materials received by Composite Doors Cardiff Limited unless otherwise agreed in writing. These terms shall take precedence over any terms and conditions of the Client, whether attached to, enclosed with or referred to in any purchase order of the Client or elsewhere. These terms may not be varied except by written consent of Composite Doors Cardiff Limited.
1. In this agreement the following expressions shall have the following meanings:
> Agreed Contract Price: The total price inclusive of any Value Added Tax payable for the Works shown in the Quotation.
> The Agreement: These conditions of contract and the Quotation.
> The Agreement Date: The date shown in the Quotation.
> The Customer: The Person, Firm or Company who or which is entered in the box headed "Customers Name & Address" in the Quotation.
> The Goods: The Windows / Doors Conservatory and such ancillary items as deemed necessary to be
> provided in accordance with the Quotation.
> The Premises. The installation address shown in the Quotation.
> Quotation: The enquiry order form shown overleaf.
> The Works: The Works to be carried out in installing the goods specified in the Quotation.
2. The Customer hereby instructs Composite Doors Cardiff Limited to carry out the Works referred to on the Quotation overleaf or attached to these terms and conditions.
3. In consideration of Composite Doors Cardiff Limited's undertakings in this agreement, the Customer shall pay the full Agreed Contract Price on completion of the Works to Composite Doors Cardiff Limited less any deposit already paid. All payments shall be made without set-off or deduction.
4. The Customer shall afford access to their Property during office hours in order that the Composite Doors Cardiff Limited may undertake the Works. So far as possible, the Customer undertakes to provide a safe place of work for the duration of the contract tor services.
5. For the duration of the contract the Customer warrants that the Customer is duly authorised to instruct Composite Doors Cardiff Limited to carry out the Works at the property. The Customer shall provide consent in a sufficiently timey manner that Composite Doors Cardiff Limited shall be permitted to Commence the works not later than six months from the date of contract. This period may be extended by agreement between the parties.
Payment of the Price
6. The balance of the Agreed Contract Price is due and payable at the time of completion of the works. Payment of the balance shall be made to Composite Doors Cardiff Limited either by electronic transfer to Composite Doors Cardiff Limited or to Composite Doors Cardiff Limited authorised representative on site, unless otherwise agreed in writing by Composite Doors Cardiff Limited.
7. In the event of the balance of the Agreed Contract price being payable by virtue of credit arrangements into with Composite Doors Cardiff Limited or any other organisation arranged via Composite Doors Cardiff Limited or its agents, on completion of the Works the Customer shall hand to a Composite Doors Cardiff Limited approved installer or authorised representative any certificate of satisfaction as may be required by the terms of the credit arrangements and shall show to such representative the Customer's copy of the credit arrangement. Composite Doors Cardiff Limited reserves the right to charge such costs as shall be levied on Composite Doors Cardiff Limited by its bankers in respect of the processing of the Customer’s credit card payments (if applicable).
8. If payment is not made in full on completion, then interest shall be payable at the higher rate under the Late Payment of Commercial Debts Act (applicable in respect of installations) or the rate of 4% per annum (accruing daily and compounded annually) above the base rate of Natwest Bank plc from time to time on all amounts outstanding until payment thereof, such interest to run from day to day and to accrue after as well as before any judgement.
9. Composite Doors Cardiff Limited shall guarantee the Works and Goods against faulty design, materials and workmanship for the following periods from the date of completion of works:-
> Sealed Glazing Units: 10 years
> White & Brown Woodgrain UPVC Windows & Doors: 10 years
> Custom Coloured Foils (C. Green, Cream etc...): 10 years
> Double Glazing installed into a product Other than that produced by Composite Doors Cardiff Limited: 2 years
> Dog flaps: 1 years
> Cat flaps; 1 year
> Post boxes: 1 year
> Hardware: 1 year
10. This guarantee is transferrable and will cover both the labour and the material costs incurred for any remedial work covered by this guarantee. This guarantee shall not apply if damage is caused by misuse, abuse or lack of maintenance of the installation or failure to follow the manufacturer's care and use guidelines. The benefit of the guarantee is not assignable.
11. This guarantee covers Breach of Building Regulations for 6 years.
12. Where the Customer deals as a consumer, the remedies in this clause are without prejudice to and in addition to any warranties, indemnities, remedies or other rights provided by law for the benefit of the customer.
13. The Quotation does not include redecorating any portion of the Premises disturbed during execution of the Works.
Title to Goods
14. Title in the Goods or any part thereof shall pass to the Customer when payment of the Agreed Contract Price has been made and in full. Composite Doors Cardiff Limited may enter on to the Premises during office hours (either with or without notice) to recover any of its equipment or any materials which are unpaid for. The Customer shall not sell, charge, encumber any materials before they have been paid for.
15. Composite Doors Cardiff Limited shall not be liable to the Customer for any indirect or consequential or economic loss arising out of or in connection with the carrying out of the Works.
16. The total liability of Composite Doors Cardiff Limited for any other loss of the Customer arising under the terms of the Agreement shall not exceed the Agreed Contract Price.
17. Composite Doors Cardiff Limited shall not be liable for failure to perform any of its obligations under this Agreement if such failure is due to any cause whatsoever beyond its reasonable control (including, without limitation, war, acts of terrorism, official strike) which delays or prevents it from performing any of their obligations under this Agreement.
Remedial Work to Properties
18. Whilst every care is taken to avoid unnecessary damage the Customer accepts and acknowledges the normal problems which can occur when building works are undertaken at a property which is already occupied. Where damage is caused by Composite Doors Cardiff Limited it will endeavour to ensure that any remedial work matches existing finishes but will not be liable for any alleged mismatching due to weathering of existing materials. Composite Doors Cardiff Limited cannot guarantee the matching of external specialist finishes such as pebble dashing, tyrolean or similar materials.
19. On the completion of the Works to the satisfaction of the Customer, the Customer shall sign a completion certificate provided by a Composite Doors Cardiff Limited authorised representative.
Intellectual property rights
20. Save where the intellectual property rights are vested in third parties, Composite Doors Cardiff Limited retains all and any intellectual property rights (including patents, trademarks, designs and copyright) in the materials sold and no rights are granted by the Customer to licence, copy, re-sell, reverse-engineer any products, drawings or materials created by Composite Doors Cardiff Limited.
Notice of the Right to Cancel
21. This contract may be cancelled by the purchaser by written notice within the period of 14 Days from the date shown on the order form overleaf. Written notice of cancellation must be given by sending confirmation to the cancellation department of Composite Doors Cardiff Limited at the address provided.
22. Cancellation information
(a) The identity of the trader is Composite Doors Cardiff Limited.
(b) The Customer has a right to cancel the contract if he / she wishes and that this right can be exercised by sending in a
(a) cancellation notice to the address at the bottom of this form at any time within the period of 14 Days starting with the day of receipt of this notice in writing of the right to cancer the contract.
(c) Cancellation is deemed to be served as soon as it is posted or sent to a trader.
(d) The Customer can use the cancellation form provided it he / she wishes.
23. Without prejudice to the clause above in the event of the customer requesting the Company to cancel the contract prior to the commencement of manufacture the Company may in its absolute discretion agree to such a cancellation provided the Company is reimbursed by the customer for any costs and expenses incurred and for the anticipated gross profit which would have been yielded by the contract. The Company reserves the right to cancel the contract if; in the opinion of the Company the installation cannot be satisfactorily carried out.
24. Time for delivery is not of the essence of the contract. The anticipated delivery period quoted is that anticipated at the time of the order and whilst Composite Doors Cardiff Limited undertake to make every effort to maintain or improve upon it, no guarantee is given that the delivery period will be maintained. Time shall be of the essence in respect of payment.
Nature of Product
25. Double glazing sealed units are designed primarily to reduce the heat loss which occurs through single glazing. The presence of condensation is dependent upon the environment within the dwelling. The guarantee covers only the non penetration of moisture within the sealed unit.
26. Composite Doors Cardiff Limited gives no warranty concerning the incidence, prevention or elimination of condensation following the installation of its products, neither do its personnel have authority to give such warranty.
27. Representative and showroom samples are used to demonstrate typical products, their composition and general appearance. The window(s) and/or door(s) scheduled overleaf will be measured, manufactured and installed in the way the Company considers most suitable. Under the companies policy of continuous improvement it reserves the right to make any necessary modifications without notice.
28. Due to the nature of the products being installed it is acknowledged that very minor variations can occur in respect of materials between the products ordered and those installed (in respect of materials used, colours and sizes). It is expressly agreed that such variations shalt not mean that the installation is not of 'satisfactory' quality.
29. This Agreement together with the attached form constitutes the entire agreement and understanding of the parties and supersedes any previous agreement and understanding between the parties relating to the undertaking of the Works by Composite Doors Cardiff Limited. Subject to the customer's statutory rights under Part V of the Consumer Credit Act 1974, no variation of these terms shall be considered unless agreed in writing by Composite Doors Cardiff Limited.
30. The Client acknowledges and agrees that in entering into this Agreement it does not rely on any statement, representation of warranty of Composite Doors Cardiff Limited (other than which are expressly set out in this Agreement). Nothing in this clause shall operate to limit or exclude any liability for fraud.
31. By entering into this Contract the Customer confirms that the Customer has read and understood all of these terms and conditions.
32. Any provision herein which is void or unenforceable shall be severed from this agreement. In this contract the singular shall include the plural and vice versa.
33. All claims must be submitted in writing to Composite Doors Cardiff Limited within three months of the relevant circumstances coming to Customer's attention and any claims proceedings issued within 12 months of the relevant circumstances coming to the customer's attention, In the unlikely event of a defect with the installation. It is agreed between the parties that Composite Doors Cardiff Limited shall be allowed at least one opportunity to rectify the problem before any proceedings shall be pursued. In the event of any claims arising out of any alleged defects or shortcomings in the materials supplied, or Composite Doors Cardiff Limited’s workmanship the Parties shall refer the dispute to mediation prior to the commencement of proceedings.
34. The Parties shall treat all information supplied to the Customer (including without limitation pricing information) supplied as confidential between the parties. No press announcements will be made in relation to any disputed matter between the parties without the written agreement of the parties.
35. No-one who is not a party to this Agreement has any benefit or any right to enforce any term of this Agreement for the purposes of the Contracts (Rights of Third Parties) Act 1999.
36. Apart from the Guarantees referred to in paragraph 9 of this Agreement and the prohibition against assignment thereof as set out in paragraph 10, neither party can assign its rights under this Agreement without the consent of the other party, which consent shall not be unreasonably withheld.
Applicable law and dispute resolution
37. This Agreement, and any disputes which may arise in connection with it, shall be governed by and construed in accordance with English and Welsh law and the Parties shall submit to the exclusive jurisdiction of the English and Welsh courts. Save in respect of claims tor non-payment of invoices the parties shall seek to mediate any dispute before issuing proceedings.
38. Any written notice required by this Contract should be sent to the address of the intended recipient shown overleaf. Notices can be sent by hand, by post or by email.
39. Composite Doors Cardiff Limited reserve the right to apply a 20% storage surcharge on all goods not installed within six months of the date overleaf.
NOTICE OF RIGHT TO CANCEL
If you wish to cancel this order you must confirm in writing within 14 days of the date shown overleaf (Recorded post is recommended) to Cancellations, Composite Doors Cardiff Limited, Unit 3a Palmers Vale Business Centre, Barry CF63 2XA or an email sent to email@example.com.
PLEASE NOTE: The value of products of a bespoke nature is not covered by the 14 day cooling off period.