TERMS & CONDITIONS OF SALE
Note: these Terms are constantly under review and are subject to change.
1. GENERAL
1.1 Acceptance of orders. Orders are accepted only on condition of the terms listed below.
1.2 The Terms. These terms and conditions (referred to as “the Terms”) apply to all our activities and should be read alongside any additional terms we provide relating to any particular activity (referred to as “Specific Terms”). Any Specific Terms will override the Terms to the extent there is any conflict between them. 1.3 Legally bound. When you take part in any of our activities you agree to be legally bound by the Terms and any Specific Terms in addition to any terms and conditions of sale that apply to any related purchase.
1.4 Change. We can change the Terms or otherwise withdraw or alter any activity at any time.
1.5 Availability. All products included in any activity are subject to availability.
1.6 Right to decline. We can decline your order if we find issues at survey that cause unexpected increases in costs that you do not agree to or we suspect fraud. 1.7 Your data. If we collect any of your personal data in relation to an activity, we will process that personal data in accordance with our privacy policy
(https://www.shirewindowsolutions.co.uk/privacy-policy/).
1.8 Media. If you submit or we take a photograph, video clip or any other media as part of your/our participation in any activity then you
warrant that you/we have the right to do so and that they have been legally obtained or created. You further agree that we can use, publish and communicate that media an unlimited number of times for an unlimited period in any of our promotional materials, including without limitation our website and on social media.
1.9 Law and jurisdiction. These Terms and any Specific Terms shall be governed by English law and the courts of England and Wales shall have exclusive jurisdiction over any disputes or claims (including, without limitation, non-contractual disputes or claims) arising out of or in connection with them.
1.10 Any oral representations made are excluded unless they are in a new Contract and signed by the Customer and Shire Window Solutions Limited.
1.11 Once surveyed, bespoke window and door contracts cannot be cancelled without incurring sales, marketing, and manufacturing costs in full.
1.12 Any request for cancellation should be submitted by recorded delivery or email.
1.13 In the formulation of the contract the use of abbreviations, technical terms and product codes may be unavoidable. If you are uncertain as to the meaning of any of these please request clarification from Shire Window Solutions Limited.
1.14 Any alterations to the Contract must be authorised by the Customer and Shire Window Solutions Limited and a new Contract reflecting these alterations will be issued for signing.
1.15 For the purposes of monitoring staff performance, phone-calls may be recorded from time to time.
1.16 Shire Window Solutions Limited’s acceptance of supply and installation of the order may be subject to a further survey or local approval.
1.17 Shire Window Solutions Limited reserves the right to cancel the Contract any time by serving due notice on the Customer and the liability in these circumstances is limited to a refund of any payments made by the Customer in connection with the Contract.
1.18 The purchaser hereby agrees to allow access to the premises during normal working hours for installation purposes, and free use of electricity to enable the work to be carried out and completed.
1.19 Shire Window Solutions Limited reserves the right to enforce payment of the Contract balance if an appointment for delivery and installation, or completion, has not been agreed within a period of twenty-eight days following a request by the Company for such an appointment.
1.20 The contract price includes the standard specification as noted on the face of the order based on the assessment by the Company’s Representative and acting on information given by the Customer.
1.21 Only the works listed on the written order are the works covered in the Contract price. If any additional unforeseen work is required and there is a variation in cost, this will be notified to the Customer.
1.22 Any alteration required to the order after manufacture shall be deemed to constitute a separate Contract.
1.23 Unless specified otherwise on the written order, the Customer shall provide a clear working area to enable the work specified to be carried out including the removal of blinds, curtains, ornaments, furniture, any shrubs, plants, or other products.
1.24 If access is unavailable on the agreed date of installation preventing Shire Window Solutions Limited carrying out the agreed work, Shire Window Solutions Limited will charge the client for all losses incurred.
1.25 Unless specified otherwise the works carried out do not include any surface decoration by paint or other products.
2. ESTIMATED PRODUCT INSTALLATION TIMES
2.1 How do these terms apply? These Specific Terms are additional to the ‘General Terms and Conditions’ section above and apply to the
estimated installation time of your chosen products. The Company reserves the right to amend these Specific Terms at any time.
2.2 Estimated installation time definition. When the Purchaser enters into a contract with Shire Window Solutions Limited for the supply and installation of goods, an estimated time is provided. This period refers to the amount of time that elapses between placing your order and its final installation at your property. Installation times will vary dependent upon the product you have ordered, any third-party approvals that may be required, and the area within the UK that you live.
2.3 Withdrawal of installation times. Shire Window Solutions Limited reserves the right to void, cancel, suspend, or amend estimated installation time periods at any point, for any reason, not limited to, manufacturing and installation capacity.
2.4 Shire Window Solutions Limited are not liable for penalties incurred by others for late, or non-supply/installation without written acceptance of such penalties at the time of ordering or quotation. Installation dates promised on enquiry or quotation are conditional on current conditions and may change by the time of ordering.
3. PRICES AND PAYMENT OF ACCOUNTS
3.1 All prices and quotations are based on current costs and may be changed without notice should costs vary.
3.2 Any quotation given will remain “firm” for 30 days only unless specified in writing otherwise by Shire Window Solutions Limited.
3.3 When a quote is accepted and a Contract has been signed, or a Purchase order received stating the agreed price, the price agreed is conditional on Shire Window Solutions Limited being able to install without hinderance or delay. Should our installation be delayed or hindered in any way Shire Window Solutions Limited reserve the right to charge additional costs, as necessary.
3.4 Payments of accounts are due on receipt of our Invoice.
3.5 Should the customer default in any payment, Shire Window Solutions Limited reserve the right to cancel or suspend any further supply or installation without prejudice to their right of payment for any outstanding debt. Once a customer is in default of payment all amounts owed to Shire Window Solutions Limited become due.
3.6 Shire Window Solutions Limited reserves the right to charge interest on overdue accounts at the rate of 4% above Bank base rate.
3.7 If Shire Window Solutions Limited have to resort to legal action to recover overdue debts, the debtor will be liable for all costs, interest, and Solicitors fees. 3.8 Shire Window Solutions Limited shall retain the title for all goods supplied by them until such goods are paid for in full. In the event of
insolvency and where goods supplied by Shire Window Solutions Limited have been resold, we shall retain the title to any goods which have not been paid for. 3.9 The VAT due on the Contract has been calculated at the prevailing rate at the time of order. If Government instituted changes occur after the order, the rate prevailing at the date of actual invoice will be charged.
4. GUARANTEE
4.1 Acceptance of Installation. Once the Installation is complete Shire Window Solutions Limited will ask the customer to sign a Satisfaction Note, either physically or electronically. On receipt of a signed Satisfaction Note Shire Window Solutions Limited will be deemed to have successfully completed their part of the Contract, an Invoice will be issued, and payment will become due. On receipt of full payment of the balance of the works a Guarantee will be issued.
Until full payment has been received Shire Window Solutions Limited will not Guarantee any product or Installation.
4.2 Defects. All defects must be reported in writing to Shire Window Solutions Limited as soon as possible.
4.3 Validation. The guarantee is invalidated if the installation has been altered or disturbed after the installation was completed or if damage or faults occur due to accident, misuse, or neglect by you or by the use of improper cleaning materials.
4.4 All products installed under this guarantee must be serviced and maintained in accordance with the manufacturer’s instructions, guidelines, and servicing periods. Failure to do so will invalidate this guarantee. Please ensure you have received a copy of the manufacturer’s instructions. Please contact Shire Window Solutions Limited for any copies you require.
4.5 The guarantee is assignable. We may ask to inspect the installation before agreeing to reassignment to ensure that it has not been neglected or misused. The charge for a reassignment and inspection fee is currently £100.00 plus VAT but can vary dependent on market forces.
4.6 These conditions set out the entire financial liability of Shire Window Solutions Limited in respect of the guarantee. Shire Window Solutions Limited shall have no liability if the terms of this guarantee are not complied with, nor for any indirect loss, damage, costs or expenses. Nothing in these conditions shall limit or exclude Shire Window Solutions Limited from any liability to the extent that such exclusions or limitation is prohibited by law. Any dispute arising, out of or in connection with this guarantee which cannot be settled by negotiation shall be referred to a single arbitrator to be agreed by both parties or in the absence of agreement within 21 days to an arbitrator reasonably determined by Shire Window Solutions Limited and the decision of the arbitrator shall be final and legally binding on both parties.
4.7 Shire Window Solutions Limited cannot be held responsible for damage or faults due to accident, misuse, or neglect by you or using improper cleaning materials.
4.8 Our Liability under warranty in the case of leaks or other failure of the installations is limited to taking action to cure the problem but does not include any consequential damage caused thereby.
5. CONTINUOUS IMPROVEMENT
5.1 Under the Company’s policy of continuous improvement to its products and installation methods, the Customer shall have the benefit of any modifications the Company makes to the design or specification without notice to the Customer. All drawings and illustrations in the Company’s catalogues, sales and promotional literature are intended as a guide only.
6. REGULATIONS
6.1 The purchaser shall be responsible for ensuring that the supply and fitting of the products complies with every applicable statute order in council regulation or direction of Government, local or other authority and that they have lawfully obtained every necessary license, permit or authority in connection therewith. 6.2 Any advice by a Company Representative regarding the likelihood of planning permission etc being required is an estimate only.
7. ACCEPTANCE
7.1 The receipt of any official purchase order placed, or Contract signed with Shire Window Solutions Limited, will be regarded as confirmation that the customer has read, understood, and fully accepted the above Shire Window Solutions Limited Terms and Conditions of Sale.