These Terms and Conditions shall apply to the provision of services by Oakland View Ltd of 6 Sandy Road, Narborough, Norfolk PE32 1WF (“the Company”) to customers that require its services.
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Agreement” means the contract into which the Parties will enter on the Customer’s acceptance of the Quotation and of these Terms and Conditions which shall incorporate, and be subject to, these Terms and Conditions [and which is attached hereto as Schedule 1];
“Agreed Date” means the date on which the provision of the Services will commence as agreed by the Parties [as evidenced in Schedule 1];
“Agreed Times” means the times which the Parties shall agree upon during which the Company shall have access to the Property to complete the Job [as set out in Schedule 1];
“Business Day” means any day (other than a Saturday or Sunday) on which ordinary banks are open for their full range of normal business in the UK;
“Company” means Oakland View Limited
“Customer” means the customer that requires the Services subject to these Terms and Conditions and the Agreement;
“Final Fee” means the total of all sums payable which shall be shown on the invoice issued in accordance with Clause 4 of these Terms and Conditions.
“Job” means the complete rendering of the window fitting Services;
“Model Cancellation Form” means the model cancellation form attached as Schedule 2;
“Order” means the Customer’s initial request to acquire the Services from the Company as set out in Clause 2 of these Terms and Conditions;
“Products” means the products required for the completion of the Job which the Company shall procure and supply;
“Property” means the Customer’s home, as detailed in the Order and the Agreement, at which the Job is to take place;
“Quotation” means a quotation detailing proposed fees and services supplied to the Customer in accordance with Clause 2 of these Terms and Conditions;
“Quoted Fee” means the fee which will be quoted to the Customer following the Order which may vary according to the actual work undertaken as set out in Clause 4 of these Terms and Conditions;
“Services” means the window fitting services provided by the Company as detailed in Clause 6 of these Terms and Conditions; and
“Visit” means any occasion, scheduled or otherwise, on which the Company shall visit the Property to render the Services.
1.2 Unless the context otherwise requires, each reference in these Terms and Conditions to:
1.2.1 “writing”, and any cognate expression, includes a reference to any communication effected by electronic or facsimile transmission or similar means;
1.2.2 a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
1.2.3 “these Terms and Conditions” is a reference to these Terms and Conditions and each of the Schedules as amended or supplemented at the relevant time;
1.2.4 a Schedule is a schedule to these Terms and Conditions;
1.2.5 a Clause or paragraph is a reference to a Clause of these Terms and Conditions (other than the Schedules) or a paragraph of the relevant Schedule; and
1.2.6 a “Party” or the “Parties” refer to the parties to the Agreement.
1.3 The headings used in these Terms and Conditions are for convenience only and shall have no effect upon the interpretation of these Terms and Conditions.
1.4 Words imparting the singular number shall include the plural and vice versa.
1.5 References to any gender shall include the other gender.
1.6 References to persons shall include corporations.
2.1 The Company accepts orders for his Services through telephone, order form, email and fax
2.2 When placing an Order the Customer shall set out, in detail, the Services required. Details required include the location and size of the Property, number and type of rooms in which work is required and the type(s) of windows (e.g. double glazing, glass replacements and repairs etc.). The Company shall provide an order form to the Customer that shall provide prompts for all required information. All such details are set out in the Agreement.
2.3 Once the Order is complete and submitted The Company shall prepare and submit a Quotation to the Customer either by email or first class post which shall set out the required Deposit and fee, detailed in Clauses 3 and 4 respectively.
2.4 The Customer shall be free to make changes to the Order and Quotation prior to acceptance. The Customer may accept the Quotation by telephone, email or first class post.
2.5 An Agreement will be formed between The Customer and The Company when The Customer provides confirmation of acceptance of the Quotation by telephone, email or first class post. Upon formation of the contract, The Customer will be bound by these Terms and Conditions.
2.6 Sample units carried by the Company’s representative are intended only to demonstrate the construction and typical materials. The Products fulfilling the Order will be manufactured in the way The Company considers most suitable, after inspection and measurement of the Property by its representative.
2.7 Descriptions and illustrations of goods in our publicity materials are approximate for general guidance only; and any term implying sale by sample is excluded.
3.1 Within 7 days of the acceptance of the Quotation the Customer shall be required to pay a Deposit to the Company. The Deposit shall be 50% of the quoted fee or some other figure that the Customer and Company agree in writing. Orders shall not be deemed confirmed until the Deposit is paid in full.
3.2 Subject to the provisions of Clause 9 the Deposit shall be non-refundable.
4. Fees and Payment
4.1 The Quoted Fee shall include the price payable for the Services and for the estimated Products required to render the Services and is further detailed in Schedule 1.
4.2 The Company shall use all reasonable endeavours to use only the Products (and quantities thereof) set out in the Quotation and the Agreement; however if additional Products are required the Final Fee shall be adjusted to reflect this. Any such increases shall be kept to a necessary minimum.
4.3 In the event that call out is required by an employee of The Company, the fee for this call out will be payable by The Customer in addition to the Final Fee previously quoted. A confirmation of this will be supplied by The Company.
4.4 The Company, according to its policy of continuous improvement, reserves the right to modify the product by variation of design and/or specification without prior notice.
4.5 In the event that the price of Products or services increases during the period between the Customer’s acceptance of the Quotation and the commencement of the Services, the Company shall inform the Customer of such increase and of any difference in the Final Fee.
4.6 The Company shall invoice the Customer when the provision of the Services is complete and the fee will remain payable whether or not there are faults with the Products or Services which are covered by the Guarantee and which will therefore be remedied by the Company in due course
4.7 All invoices must be paid on completion of work unless an agreement otherwise is reached between the Company and the Customer.
4.8 Any sums which remain unpaid following the expiry of the time period set out in sub-Clause 4.7 shall incur interest on a daily basis at 8% per annum
5. Risk and Retention of Title
5.1 Risk of damage to or loss of the Products shall pass to the Customer at the time they are fitted to the Property.
5.2 Notwithstanding the passing of risk in the Products under sub-Clause 5.1, or any other provision of these Terms and Conditions, legal and beneficial title in the Products shall not pass to the Customer until the Company has received in cleared funds payment in full of all Fees due.
5.3 Until payment has been made to the Company in accordance with these Terms and Conditions and title in the Products has passed to the Customer, the Customer shall be in possession of the Products as bailee for the Company and the Customer shall, wherever possible (i.e. where they have not already been fitted to the Property), store such Products separately from any other property or materials belonging to the Customer or a third party.
6.1 The Services shall be rendered in accordance with the specification set out in the accepted Quotation and in the Agreement (as may be amended by mutual agreement from time to time).
6.2 The Company may provide sketches, impressions, plans or similar documents in advance of the Job. Any such material is intended for illustrative purposes only and is not intended to provide an exact specification of the Job nor to guarantee specific results.
6.3 The Company shall use all reasonable endeavours to ensure that the Products used match those chosen by the Customer and are consistent throughout the Property (or relevant areas thereof). Notwithstanding this the Company cannot guarantee the quality, tint, colour, pattern or finish of the glass or other Products; nor can consistency be guaranteed throughout due to unavoidable variances that may arise in the manufacturing process of the glass.
6.4 The Company shall ensure that the Services are rendered with reasonable care and skill and to a reasonable standard that is commensurate with best trade practice.
6.5 With the exception of instances of unavoidable damage as set out in clauses 7.1, 7.3 and 7.6
6.6 The Company shall ensure that they complie with any and all relevant codes of practice.
6.7 The Company shall properly dispose of all waste that results from his rendering of the Services.
6.8 The Company shall, where necessary, provide temporary glazing and / or boarding for the Property and shall ensure that such temporary glazing or boarding protects the interior of the Property from the elements. The Company shall also advise the Customer of any and all security risks that such temporary materials present.
6.9 In the situation where a Job is near completion and an employee of the Company believes it can be completed within that day, The Company may remain for a reasonable period of time beyond normal working hours (9.00am – 6.00pm) to ensure completion. This is to avoid charging an additional fee the following day should the Customer prefer the employee to leave the premises and return the following working day. the Customer will be charged for this additional full days work.
7. Additional Work
7.1 The Company will not move services, fixtures or fittings which are ancillary to the basic structure of the property, e.g. radiators, pipes, boiler flues, electricity, telephone or television cables and are not liable for any damage caused to these mechanisms. Television and telephone cables can be worked around but no liability is accepted for damage which is at the Customer’s risk
7.2 The Company will endeavour to ensure that the works match 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. When variations occur in existing plaster lines the Company cannot guarantee that equal amounts of sub-frame will be visible all round.
7.3 The Company will make good any damage caused in the course of installation of plaster, flooring, rendering, brickwork or pointing immediately surrounding any window or door installed but the Company cannot guarantee avoiding superficial damage to the surrounding wallpaper, paintwork, plaster and timber linings and cannot guarantee preventing damage to ceramic tiles in the same area. The making good of any decorative or superficial damage is the customer’s responsibility.
7.4 The Company cannot guarantee that the removal of any existing glass, frames or secondary double glazed units will be done without causing damage.
7.5 All Materials removed during the course of installation will be cleared from site and cannot be retrieved thereafter. If any materials need to be re-stained this must be clearly stated on the contract.
7.6 The Company will advise on the likelihood of condensation forming on the products. Condensation will not be the fault of the product installed and can be a result of the condition of the building. As such, the Company accepts no responsibility for condensation.
8. Technical Warranties
8.1 The type of individual panes of double glazing, and their arrangement shall, in the absence of any special arrangement detailed in the contract, be determined by the Company. Glass used by the Company in the goods shall be of thickness and weight determined by the company’s technical surveyors. The Company excludes liability for optical defects attributable to natural phenomena.
8.2 Only glass of the highest standard will be used in the Company’s goods but no guarantee is given for minor imperfections. In the absence of specific dimensions or drawings from the customer, leaded and Georgian sealed units will be designed in accordance with the manufacturer’s standard.
8.3 The customer shall grant to the Company’s representative access to the property at all reasonable times for the purpose of taking measurements and the viability of completing the contract remains at the representative’s discretion.
8.4 The Company’s Surveyor will survey all contracts before work is put in hand at the Company factory. The details of the order as entered by the Company’s sales representative may be varied on survey. The Surveyor will ask the customer to sign the survey sheet as a correct record of work to be carried out. It may be necessary on survey to re-price a particular contract but in the event of such price increase the customer will be given the right not to proceed.
8.5 Whilst the Company and its Surveyor will take every care in assessing all work necessary in connection with the installation of the units subject to the terms of this contract, the Company is not responsible for ensuring that, in particular, all lintels, cavities and brick or stonework are capable of supporting the units ordered. Should any work be necessary in this regard it will be charged accordingly and be payable in accordance with the terms of this agreement.
8.6 The Technical Surveyor will have absolute discretion as to whether the installation is viable and if in his opinion the work cannot be concluded to an acceptable standard for any reason, then the Company reserves the right to cancel the agreement.
8.7 The colours of white gaskets and ancillary trims cannot be guaranteed to be identical to window and door frames as they are made from differing compounds.
8.8 Brass, lead and coated components are acknowledged by the Customer as being materials that will tarnish, wear and weather with time.
9. Customer’s Obligations
9.1 If any consents, licenses or other permissions are needed from any third parties such as landlords, planning authorities, local authorities or similar, it shall be the Customer’s responsibility to obtain the same in advance of the commencement of the Services.
9.2 Should the replacement window breach any property covenant the breach will be entirely the responsibility of The Customer. The Company fee will remain payable in full for the work carried out.
9.3 The Customer shall ensure that the Company can access the Property at the Agreed Times to render the Services.
9.4 The Consumer will ensure that the work area is clear and unimpeded to allow sufficient space for the work to be completed.
9.5 The Customer shall have the option of giving the Company a set of keys to the Property or being present at the Agreed Times to give the Company access. The Company warrants that all keys shall be kept safely and securely.
9.6 The Customer is under an obligation to inform the Company in writing, prior to work beginning, of any security grilles, shutters or other measures installed around or attached to windows at the property. If the Consumer does not inform the Company of such measures being in place and the devices prevent installation of the Products, the Company is not responsible for failure to commence or complete and the Consumer remains liable for the fee.
9.7 The Customer will provide adequate space for the delivery of materials and be responsible for the protection of the surfaces which they are stored on i.e. lawns, driveways, patios etc.
9.8 The Customer will accept delivery, or provide reasonable access to enable installation to be completed, as soon as advised that the units are ready.
9.9 The Customer shall ensure that the Company has access to electrical outlets, a supply of hot and cold running water and lighting
9.10 The Customer must give the Company at least 5 days’ notice if they will be unable to allow the Company to provide the Services on a particular day or at a particular time. The Company will not invoice for cancelled Visits provided such notice is given. If less than 5 days’ notice is given the Company shall have the right to invoice the Customer at his normal rate.
9.11 It is a condition of this contract that the customer undertakes without charge to the Company to comply with the Status Order in Council, Decree, Regulations, Bye-law or other requirements for the time being in force of any government department, Municipality or other competent Authority. If owing to the Purchaser’s failure to comply with any of the aforementioned Departments conditions, The Company is put to any loss or expense by the Purchaser, the Purchaser will be responsible to reimburse The Company for the full account thereof.
9.12 It will be the Purchaser’s responsible to ensure that adequate protection is provided to all areas of the site to avoid damage which may be caused by the execution of the works. No liability will be accepted for damage to unprotected carpets, wall coverings, household goods, wall decorations or any such terms which could reasonable have been removed or protected by the Purchaser before the commencement of the works.
10. Cancellation of Contract During the Cooling Off Period
10.1 The Customer has a statutory right to a “cooling off” period. This period begins once the contract between the Company and the Customer is formed and ends at the end of 7 calendar days after that date.
10.2 If the Customer wishes to cancel the contract within the cooling off period the Customer should inform the Company immediately by a clear statement sent by recorded delivery or by hand delivery to the Company’s address. The Customer may use the Model Cancellation Form, but it is not obligatory.
10.3 To meet the cancellation deadline, it is sufficient for the Customer to send his or her communication concerning the exercise of the right to cancel before the cancellation period has expired.
10.4 If the Customer exercises the right to cancel he/she will receive a full refund of any amount paid to the Company in respect of the contract.
10.5 The Company will refund money using the same method used to make the payment, unless the Customer has expressly agreed otherwise. In any case, the Customer will not incur any fees as a result of the refund.
10.6 The Company will process the refund due to the Customer as a result of a cancellation without undue delay and, in any case, within the period of 14 days after the day on which the Company is informed of the cancellation.
10.7 If the Agreed Date falls within the cooling off period the Customer must make an express request for provision of the Services to begin within the 7 calendar day cooling off period. By making such a request the Customer acknowledges and agrees to the following:
10.7.1 If the Services are fully performed within the 7 calendar day cooling off period, the Customer will lose the right to cancel after the Services are complete.
10.7.2 If the Customer cancels the Services after provision has begun but before it is complete the Customer will still be required to pay for the Services supplied up to the point at which the Customer informs the the Company of his/her wish to cancel. The amount due shall be calculated in proportion to the full price of the Services and the actual Services already provided. Any sums that have already been paid for the Services shall be refunded subject to deductions calculated in accordance with the foregoing. Refunds, where applicable, will be issued within 14 calendar days after the Customer informs the the Company of his/her wish to cancel.
10.7.3 If the Consumer cancels the services after provision has begun but before it is complete the Consumer will still be required to pay for orders of materials placed by the Company in accordance with the quote provided.
11. Cancellation after the Cooling Off Period
11.1 The Customer may cancel or reschedule the Job at any time before the Agreed Date. Subject to the provisions of clause 8, the following shall apply to cancellation or rescheduling:
11.1.1 If the Customer cancels the Job more than 28 days before the Agreed Date the Company shall issue a full refund of all sums paid, including the Deposit.
11.1.2 If the Customer reschedules the Job more than 28 days before the Agreed Date the Company shall retain all sums paid, including the Deposit and shall deduct all such sums from any related balance payable on the rescheduled Job.
11.1.3 If the Customer cancels the Job less than 28 days but more than 14 days before the Agreed Date the the Company shall refund any sums paid less the Deposit.
11.1.4 If the Customer reschedules the Job less than 28 days but more than 14 days before the Agreed Date the the Company shall retain any sums paid including the Deposit and shall deduct all such sums (excluding the Deposit) from any balance payable on the rescheduled Job. A new Deposit shall be payable on the rescheduled Job.
11.1.5 If the Customer cancels the Job less than 14 days before the Agreed Date the Company shall retain all sums paid and any outstanding sums shall become immediately payable. No refund shall be issued.
11.1.6 If the Customer reschedules the Job less than 14 days before the Agreed Date the Company shall retain all sums paid and any outstanding sums shall become immediately payable. No refund shall be issued and no sums paid will count toward the fees and Deposit payable on the rescheduled Job.
11.2 The Company may cancel the Job at any time before the Agreed Date and shall refund all sums paid, including the Deposit.
12. Liability, Indemnity and Insurance
12.1 The Company shall ensure that it has in place at all times suitable and valid insurance that shall include public liability insurance and personal injury insurance up to a value of £5 million.
12.2 The Company is not liable for any loss or damage suffered by the Customer that results from the Customer’s failure to follow any instructions given by the Company.
12.3 Nothing in these Terms and Conditions shall limit or exclude The Company’s liability for death or personal injury.
12.4 The Company shall indemnify the Customer against any costs, liability, damages, loss, claims or proceedings arising out of the Company’s rendering of the Services or any breach of these Terms and Conditions.
12.5 The Customer shall indemnify the Company against any costs, liability, damages, loss, claims or proceedings arising out of the Customer’s failure to meet any of its obligations or any other breach of these Terms and Conditions.
13.1 The Company guaranties UPVC aluminium, crittle and timber products for the term of 10 years
13.2 The Company guaranties moving and working parts for two years
13.3 If any defects in the product of the Services appear during the guarantee period set out in sub-Clause 12.1 or 12.2 the Company shall rectify any and all such defects at no cost to the Customer.
13.4 Payment of the Final Fee is due regardless of any defects covered by the guarantee appearing after the work is complete. The guarantee simply provides that the Company will remedy certain defects
14. Data Protection
The Company will not share the Customer’s personal data with any third parties for any reasons without the prior consent of the Customer. Such data will only be collected, processed and held in accordance with the Company’s rights and obligations arising under the provisions and principles of the Data Protection Act 1998.
15. Force Majeure
15.1 No Party to the Agreement will be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that Party. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Party in question.
15.2 [In the event that a Party to the Agreement cannot perform their obligations thereunder as a result of force majeure for a continuous period of 28 days, the other Party may at its discretion terminate the Agreement by written notice at the end of that period. In the event of such termination, the Parties shall agree upon a fair and reasonable payment for all Services completed up to the date of termination. Such payment shall take into account any prior contractual commitments entered into in reliance on the performance of the Agreement.]
16. Effects of Termination
Upon the termination of the Agreement for any reason:
16.1 any sum owing by the Customer to the Company under any of the provisions of the Agreement shall become immediately due and payable;
16.2 all Clauses which, either expressly or by their nature, relate to the period after the expiry or termination of the Agreement shall remain In full force and effect;
16.3 termination shall not affect or prejudice any right to damages or other remedy which the terminating Party may have in respect of the event giving rise to the termination or any other right to damages or other remedy which any Party may have in respect of any breach of the Agreement which exist at or before the date of termination; and
16.4 subject as provided in this Clause 17 and except in respect of any accrued rights neither Party shall be under any further obligation to the other.
17. No Waiver
No failure or delay by either Party in exercising any of its rights under the Agreement shall be deemed to be a waiver of that right, and no waiver by either Party of a breach of any provision of the Agreement shall be deemed to be a waiver of any subsequent breach of the same or any other provision.
18. Further Assurance
18.1 Each Party shall execute and do all such further deeds, documents and things as may be necessary to carry the provisions of the Agreement into full force and effect.
18.2 In the event that the Customer has not signed these terms their continued instruction will amount to acceptance of them.
Neither Party shall be entitled to set-off any sums in any manner from payments due or sums received in respect of any claim under the Agreement or any other agreement at any time.
20.1 The Parties agree that the times and dates referred to in the Agreement are for guidance only and are not of the essence of the Agreement and may be varied by mutual agreement between the Parties.
21. Relationship of the Parties
Nothing in the Agreement shall constitute or be deemed to constitute a partnership, joint venture, agency or other fiduciary relationship between the Parties other than the contractual relationship expressly provided for in the Agreement.
22. Third Party Rights
No part of the Agreement is intended to confer rights on any third parties and accordingly the Contracts (Rights of Third Parties) Act 1999 shall not apply to the Agreement.
23.1 All notices under the Agreement shall be in writing and be deemed duly given if signed by, or on behalf of, a duly authorised officer of the Party giving the notice.
23.2 Notices shall be deemed to have been duly given:
23.2.1 when delivered, if delivered by courier or other messenger (including registered mail) during normal business hours of the recipient; or
23.2.2 when sent, if transmitted by facsimile or e-mail and a successful transmission report or return receipt is generated; or
23.2.3 on the fifth business day following mailing, if mailed by national ordinary mail, postage prepaid; or
23.2.4 on the tenth business day following mailing, if mailed by airmail, postage prepaid.
In each case notices shall be addressed to the most recent address, e-mail address, or facsimile number notified to the other Party.
24. Entire Agreement
24.1 The Agreement contains the entire agreement between the Parties with respect to its subject matter and may not be modified except by an instrument in writing signed by the duly authorised representatives of the Parties.
24.2 Each Party shall acknowledge that, in entering into the Agreement, it does not rely on any representation, warranty or other provision except as expressly provided in the Agreement, and all conditions, warranties or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
The Agreement may be entered into in any number of counterparts and by the Parties to it on separate counterparts each of which when so executed and delivered shall be an original, but all the counterparts together shall constitute one and the same instrument.
In the event that one or more of the provisions of the Agreement and/or of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provision(s) shall be deemed severed from the remainder of the Agreement and/or these Terms and Conditions. The remainder of the Agreement and/or these Terms and Conditions shall be valid and enforceable.
27.1 In the interest of efficiently dealing with any query, written notice of any query should be sent to the address below by recorded delivery and the Customer hereby agrees to afford the Company a reasonable opportunity of remedying any complaints
28. Law and Jurisdiction
28.1 The Agreement and these Terms and Conditions (including any non contractual matters and obligations arising thereof or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.
28.2 Subject to the provisions of Clause 29, any dispute, controversy, proceedings or claim between the Parties relating to the Agreement or these Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of England and Wales.