Previous Medium and Correspondence:
Previous correspondence and quotations or communication can be used to determine some specifics but may not be relied upon if not stated on the contract. Any specific points from previous medium or correspondence that you want to rely on must be assigned as party to this contract and signed by a representative of the company as per the contract date or thereafter but prior to manufacture and/or installation.
Confirmation of Website, Email or Telephone Orders :
All email or non signed contracts that have been confirmed by email or by telephone through the restrictions of COVID or other will be subject to The Companies terms and conditions. For all off-premises orders installed or supply only, please make sure that you request and have received a full copy of our terms and conditions via email or post before confirming your order. From the day of your confirmed order with The Company will be the start of your cancellation period rights if eligible. For supply only of bespoke orders, the customer will have no cancellation rights.
Delivery and Installation:
Any time or date given by The Company for the installation of the goods whether specified in the quotation or otherwise shall be taken as an estimate made by The Company in good faith but shall not be seen as binding upon The Company either as a term of the contract or otherwise. If The Company is unable to install the goods on the date originally given for the installation or within the specified time frame, due to goods being incorrectly supplied or damaged or we have been affected through absence of critical staff/professional fitting teams on the said day of installations or if jobs overrun for any reason and extra time and days are needed, this will not constitute any reason to cancel or to claim compensation for loss of pay, time or inconvenience. The Company will use all reasonable endeavours to offer the customer the earliest possible alternative date for installation convenient to you. In no circumstances shall the Company be liable for any loss or damage caused by this type of inconvenience.
Subject to clause (APPLICATION FOR FINANCE) The Company shall deliver the products at any time within 24 weeks from the date of the contract. However if The Company is prevented by the customer from carrying out the delivery thereof to the customer then without prejudice to any of its rights, The Company will be at liberty to charge the customer interest at the rate of 5% per annum above Bank of England base rate current at the time, from such time as The Company is prevented from effecting delivery to the customer in accordance with the terms of this agreement. The Company in the interests of the customer, reserves the right to refer to the customer or their representative should any detail of the order be in any doubt and any delivery times deemed to commence with effect from settlement of all such details. Times shall not be deemed of the essence in the performance by the Company of the contract.
Any time or date stated for delivery is given and intended as an estimation only, and The Company shall not be liable for any loss or damage whatsoever resulting in any delay in delivery howsoever arising. Unless otherwise stated in writing, delivery shall be deemed to have taken place on the occurrence of the first in time of the following, namely
- The physical delivery of the goods to the purchaser at The Company’s works.
- The physical delivery of the goods to the purchase carrier’s agent for the purpose of transmission to the customer or their nominee.
- The physical delivery of the goods to the purchasers place of business or other such places as they may direct The Company, its carrier or agent, the purchaser being responsible for unloading.
- Signature of The Companies delivery note by any employee, representative or agent of the customer shall be conclusive proof of delivery. Where the contract provides for delivery by The Company, its carrier or agent:
- Any claims for non-delivery must be made in writing to The Company within 10 days of receipt of invoice or advice note whichever is earlier.
- Any claims in respect of goods damaged in transit or shortages in delivery must be made in writing within 7 days of delivery; shortages in delivery shall not give rise to a right to reject the goods delivered.
The Company shall be entitled to make partial deliveries or deliveries by instalments and all the provisions of these terms shall apply to such deliveries. The Company will not accept any variations or alterations to the contract unless confirmed in writing by an authorised representative. Any such variations or alterations may result in extra charges being made by the Company.
For supply only purchases it is the customer’s responsibility to collect or pick up all such orders. All prices for delivery are priced individually upon application. It is the customers’ responsibility to keep in direct contact with The Company to confirm the day that their order will be ready for collection or dispatch. Also, The Company will endeavour to inform you of the same, once you have been notified of this confirmation, it will be seen as the date of delivery on pick up or collected items.
By entering into your agreement with St Helens Windows, you give the company permission to collect unpaid payments using the credit or debit card details that you have provided. Throughout the work process, all the materials remain the property of St Helens Windows until we have received full payment for the work. As a company, with unjustifiable non-payment, we maintain the right to enter a property and repossess any materials that we have provided without compromising the security of your premises.
In some cases of justifiable non-payment, our team of experts will be allowed access to your property to resolve any faults or complaints. Entering into an agreement with St Helens Windows indicates that the customer understands that we may not be able to resolve the problem instantly. Furthermore, to professionally resolve the problem, our dedicated team may need multiple visits to the property.
If for any reason, as a company, we cannot resolve the issue, an independent surveyor will give consultation. They may be able to offer an alternative solution that was not previously available to the company.
As a company, we always aim to work closely with the customer to ensure that they are entirely satisfied. If for any reason you are not happy, don’t hesitate to get in contact with one of our team members.
Application of Finance:
Financial agreements arranged by The Company, are directed to an independent third party, and no representative of The Company has the authority to influence the final decision of the credit providers, neither are they able to guarantee acceptance of such applications. In cases whereby the customer’s application for credit is approved, and the customer decides thereafter to terminate said agreement, the contract made between the customer and The Company will still remain valid. It will then be the customer’s responsibility to find an alternative method of payment. Cancellation of a contract with a credit provider does not constitute as a cancellation of the contract between the customer and The Company. If the customer chooses to cancel an approved credit application, and thereafter claims to be unable to find alternative funding, The Company will be within their rights to seek payments as stated in clause 35 of the full contract, save where the contract is terminated under clause 34b of the full contract.
In the event of an application for credit being declined, or personal funding being unavailable, The Company will endeavour to delay the order process for up to 3 months (interest-free), until a financial solution has been reached by the customer. If however, the customer is unable to secure funding within that period, interest at the rate of 5% above Bank of England base rate current at the time will be applied to the order, until the customer gives The Company confirmation to continue processing the order.
Technical Data And Representations:
All drawings, brochures, descriptive matter, price lists or advertisements, whether or not supplied with these terms and conditions, are approximate only. They are intended to give a general idea of the products and shall not form part of the contract.