Terms and Conditions

SUPPLY AND FIT

a. In these conditions of sale ‘St Helens Windows Ltd’ is referred to as ‘The Company.’ The Customer is referred to as ‘you’, ‘yours’, ‘their’, ‘they’ or ‘the customer’.

b. The Company offers only two types of contract- Supply and Fitted goods which are installed by The Company and Supply Only goods which are not fitted by The Company.

c. Where the contract is a ‘fitted’ contract the customer agrees to purchase and have installed the products and the materials specified in this contract. The customer agrees to give reasonable access to the property to surveyors and installers to carry out the work.

d. All contracts are subject to site survey and price checks. The customer will be informed of any discrepancies found prior to installation.

The Company will take all responsible care during the installation of the products. However, by its very nature the process of installation of replacement windows and doors may cause some damage to internal or external decoration, or to any other items in the immediate vicinity of the installation, caused by the installation of the products. In addition The Company will not be responsible for the removal or re-fitting of blinds, shades or curtain rails, or alarm contacts- unless specifically detailed in the contract. You should note that no guarantee can be given that your old windows or doors will be removed in one piece, or that curtain rails, blinds and other ancillaries will fit to the new frames exactly as they did to those that were replaced.

a. The customer shall provide a clear working area to enable all work to be carried out including the removal of shrubs, plants, trees, telephone cables and burglar alarm contacts (unless already quoted for) and it will be the customers responsibility to provide light, water and electricity without charge to The Company. Certain decor items such as tiles brick wallpaper covings etc. May not always be able to be replaced like for like and we reserve the right to refuse to replace or compensate for any such items especially in light of any certain items that could not be fitted satisfactorily without such damage of these items dependant on their fixings age or general wear or vulnerability within the installation.

b. Alarm contacts, systems, cabling telephone or otherwise will be the customers responsibility to remove and re-fit/connect. The Company does not accept liability for any cables that cannot be seen that may become damaged during installation. This includes electrical cables or hidden pipes or any others hidden items that cannot be known or seen under any type of coverings any damage caused to these unknown it will be your responsibility to fix and pay for so doing, unless previously pointed out by you and recorded on this contract.

On Supply Only orders, it is the customers responsibility to ensure that all structural requirements are adequate and all sizes given are correct. In cases where the customer supplies The Company with measurements for conservatories and bay windows, only internal sizes will be accepted and it is your responsibility for all sizes dimensions styles given and choices design/names of products as to requirements on this contract and other supporting documentation given separately in aid of this contract.

a. The customer will be responsible for clearing the area where the goods will be installed of any objects (including furniture and soft furnishings) which could be damaged during installation of the goods.

b. If a skip is to be used at your property and we are paying for it within the contract value and ordering as part of the job we will not be responsible for any damage a skip may make or do on your land. It will be the customers responsibility to have prepared any areas where the skip would be placed by laying a suitable material to the surface. We can only give approximate times for deliveries so it is advised to prepare for this before start date.

a. Unless supplied or approved by The Company, The Company takes no responsibility for sites or foundations, for any framework or support, for compliance with local by laws or statutory regulation, or for the fulfillment of any special requirements which the customer may be bound to observe or fulfil.

b. Under The Company’s normal survey procedure jobs are surveyed and measured up from a sight and measurement point of view. No probing or extensive removal of products is done. Any defective or obstructive work found once work commences will fall under clause 7b.

c. The Company will carry out all work to a schedule that best compliments our normal working practices and conditions catering for various weather conditions and different working environments. All prices and time scales given are based on normal industry working practices unless otherwise stated in writing to the customers own requirements and signed for by an authorised Company Manager. Once works have commenced and it is at the customers wish that we do not proceed in our normal day to day working practice and there are no valid reasons, or such requests or behaviour are unreasonable which duly effects the profitability of the job – the Company reserves the right to seek adequate compensation to cover such requests/events, and also to remove any active discount, making the full contract value payable.

a. It is the customers responsibility to ensure that all heaters/boilers, manholes and outside piping conform to the required specification and use for the job to be installed, and that they are positioned correctly for the types of work they have ordered. The Company will not be held responsible for not pointing out these types of items and their specific regulations for the works undertaken in this contract. Although we will endeavour to point anything we think should be further investigated as to their use and location, we will not take any responsibility to move, remove or renew any type of appliances or ancillaries unless otherwise discussed and priced for and put on the contract as works to be carried out. Any prices given at point of sale for re-sighting products, i.e. heaters/boilers, etc. will be based on an estimation only. If it is found that any such items cannot be repositioned to an alternative site because of its suitability, age or regulations it will be the customers responsibility to find alternatives to any problems arising or price differences. It will not constitute a reason for cancellation of any other products not affected, or in relation to the aforementioned and will also fall under clause 7b.

b. If any structural defect becomes apparent during the installation, which was not and could not reasonably have been identified in the survey, which adversely affects the installation or works, The Company will quote for the necessary work. If the customer agrees the quotation, The Company will carry out the work and the amount quoted will be added to the contract price. If the customer does not agree to the quotation, the customer may instruct a third party to carry out the necessary remedial work. However, unless the necessary remedial work has been commenced, and thereafter is completed, within a reasonable time (which shall not exceed 6 working days, for more substantial work such as underpinning and full facade of rebuilding 4 working weeks) the customer will be deemed to have accepted The Company’s quotation and our time scales may differ from above.

a. When the contract is for roofline products the schedule covers the replacement of gutter/fascias/soffit and barge boards as seen without the removal of any of the above named materials. On commencement of the agreed work, if after the removal of any of the fascias/guttering/soffit and barge board, defective materials are exposed, the customer will be informed and extra cost will be agreed for any additional work to be carried out to the customers requirements.

b. Certain varieties of asbestos are considered hazardous to health and may contravene Health and Safety Regulations. Should it become apparent that any asbestos found on your property prior to or during installation falls into a hazardous health category then we reserve the right to cancel this contract or charge the going rate for removal. In some cases leaving asbestos insitu can be the best policy and can be covered over depending upon the job and circumstances.

CONSERVATORIES, PORCHES AND EXTENSIONS

a. Finished floors: due to the large variety of floor finishes available to customers we do NOT (unless specified separately and paid for as part of the contract or an extra to the contract provide) anything other than a rough concrete finish. In most cases this is level but cannot be guaranteed. Therefore customers are required to source and pay for their own pre –finish (asphalt, screeding, self level etc.) to bring it to the standard they require for their own final floor finish. Any floor products outside the dimensions of the said items, i.e. flagging, block paving, tarmac etc. will be the customers responsibility to finish such items. Foundations are priced for a depth up to 3ft if further excavation is required extra labour and skip prices will apply. No test digs are done as this can not tell us the overall picture. It is only when we start work and expose while digging on any particular job that any unruly situations will be noticed and if it is not part of our normal practise of work or something has caused unusual obstruction that we will not have had prior knowledge to and priced for. These situations we will negotiate at a reasonable going rate price if not accepted you are here notified that you will have the option of sourcing alternative prices or sorting the situation yourself if no agreement can be made and you refuse all options you will be liable for all payments The Company has incurred on the project in hand and any loss of profitability of the job in most cases the full contract value will be payable and all discounts will be removed.

b. Any prices given for conservatories, porches and/or extensions do not include the fitting of steps or skirting boards unless otherwise stated overleaf. Skirting is considered to be part of the finished floor which is not undertaken by The Company (see 9a).

MAINTENANCE OF PRODUCTS

a. All items installed must be cleaned regularly with soapy water. All metal components and moving parts must be lightly oiled periodically and a check on these must be made every three months i.e. locks, hinges. No pressure should be applied to handle operated locks or anything not functioning correctly. Any defects must be reported immediately. If all the above steps are not carried out, this will be seen as negligence and will invalidate your Guarantee. All call outs or services that are not the responsibility of The Company or have been caused by the negligence of the customer will be charged at our standard call out rate and in some cases where travel expenses may also be incurred. Where security to the property is not an issue any charges made must be paid to The Company upon receipt of which arrangements will be made for an engineer to attend the property and carry out the necessary repair work. Where security is an issue (i.e. on door locks) any charges must be paid to the engineer upon his arrival at the job. Any works carried out that do not fall under The Company’s Guarantee conditions and have been caused by the negligence of the customer will be further charged at our hourly rate for labour and a charge will be made for any parts used at their current prices. Outside steps are not priced for by The Company due to different customers requirements unless you have told us at point of sale and it has been notified on the front of the contract or on the appendix accompanying the contract and duly priced in for on the works to be carried out it will be the customers responsibility to inform us if they so wish us to include and price for any such extra to the building project at hand.

b. It shall be the responsibility of the customer to finish any timber supplied by The Company within a reasonable time from completion of the installation and The Company does not accept any liability in respect of such final finishing.

PLANNING PERMISSION AND BUILDING REGULATIONS

All planning permission and building regulations will be the responsibility of the customer unless otherwise stated on the contract and priced for. The Company will advise to the best of our knowledge whether planning permission and building regulations are required but it will be the customer’s responsibility to validate any such works that they are having done on their property with the correct planning authority. If the customer has not made The Company aware of any conditions relating to their property and their local planning authority, and works have been carried out by The Company and it has been found that such permissions were required, the full payment of the contract value will still be payable. If the customer requires the services of The Company with planning permission and building regulations, this will be charged at The Company’s current planning fees price structure. If it is found that planning is turned down for the retention of works done and we were not initially instructed to validate such permissions, payments for the contract value must be paid forthwith. In regards to building regulations if you have not supported The Company with correct technical drawings and the correct specifications for the project we are building our full contract value will be payable and if any extra work or material requirements are needed thereafter to comply you will be responsible for all payments.

TECHNICAL DATA AND REPRESENTATIONS

a. All drawings, brochures, descriptive matter, price lists or advertisements, whether or not supplied with these terms and conditions, are approximate only, and are intended merely to give a general idea of the products and shall not form part of the contract.

SPECIFICATION

a. The Company reserves the right to alter specification without notice in keeping with our policy of continuous improved quality.

b. The layout arrangement is a matter of Company design decision unless the order/drawings indicate a specified arrangement which is within the normal limits recommended by The Company. The customer hereby acknowledges that the terms specified in the order and diagrams have been checked by you and hereby acknowledges that the order and the diagrams are correct. No works shall be carried out or goods supplied by The Company, other than specified in the order and diagrams, unless previously agreed by The Company in writing. The documents referred to in clause 12 hereof do not include the said orders and diagrams.

a. Please ensure all items and particulars are correct on your contract order. The Company will accept no responsibility for any items which do not appear on the contract, whether verbally or otherwise indicated by the Company. The customer will be charged extra for any items should they agree to the charge. If not The Company is not obliged to carry out this work.

a. Any defects attributable to workmanship or faulty materials supplied by The Company, must be notified in writing by the customer to The Company within 14 days of completion of the work. Such defects will be investigated by The Company and if liability for the same is accepted will be rectified by The Company at The Company’s expense. The customer hereby agrees to allow The Company access to the product for the purpose of such investigation and repair.

b. Orders are accepted on the basis that the terms and conditions of sale will apply to the exclusion of any conditions printed on the customers own stationary. Orders given orally must be confirmed in writing; otherwise The Company accepts no responsibility for errors in interpretation or delay on proceedings with the order. The entire terms and conditions of this contract are contained in this document and the said orders and diagrams and no oral or written representations shall bind The Company unless confirmed in writing and signed by a manager of The Company.

c. This contract is accepted by The Company subject to a final costing by the Director. When the final costing has been carried out The Company reserves the right in cases where there is a substantial variation from the original costing to cancel the contract whereupon any deposit will be refunded. Unless cancelled in accordance with clause 34b this contract is legally binding on the customer.

Time given by The Company for the installation of goods whether it be on quotation or on contract will only be an estimation. For certain orders depending on their complexity or due to unforeseen circumstances from the outside forces or suppliers beyond our control, 6 months will not be seen as being unreasonable. For larger orders and installations, 12 months will not be seen as being unreasonable. Size of project to be decided by The Company.

If on the survey we cannot predetermine that you have no lintel support or it is necessary that you will require this support once we have removed the windows – this work will be quoted for as additional work and an extra price negotiated with you which will be added to the original contract price.

DELIVERY AND INSTALLATION

a. 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.

b. Subject to clause 31b The Company shall deliver the products at any time within 24 weeks from the date of this 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.

c. 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 this contract.

a. 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.

b. 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

i. The physical delivery of the goods to the purchaser at The Company’s works.

ii. The physical delivery of the goods to the purchase carrier’s agent for the purpose of transmission to the customer or their nominee.

iii. The physical delivery of the goods to the purchasers place of business or other such place as they may direct The Company, its carrier or agent, the purchaser being responsible for unloading.

c. Signature of The Companies delivery note by any employee, representative or agent of the customer shall be conclusive proof of delivery.

d. Where the contract provides for delivery by The Company, its carrier or agent:

i. 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.

ii. 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.

e. 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.

GUARANTEE

The Company undertakes to repair or replace, at their option, any goods which are shown to be defective in materials or workmanship within 120 months of installation (other than perimeter seals on double glazed units and softwood and hardwood frames all of which are guaranteed for 60 months) PROVIDED THAT:

a. The customer has paid in full for the goods and/or.

b. Any remedial alterations or repair work has been undertaken by an authorised representative of The Company. This includes all coloured composite door slabs and uPVC panels all of which are guaranteed for 12 months by The Company unless superseded by our suppliers guarantee to The Company provided they have not ceased trading.

c. The customer follows The Company’s recommendations for care and maintenance of the goods and has been seen to take proper care of the goods and/or.

d. The customer notifies The Company in writing of any defect as soon as the defect becomes apparent to you. All claims made under the guarantee must be made on The Company’s helpline on 01744 611203. A notification will not be treated as valid unless a claims reference number is obtained from the Company’s helpline. You should note the following important information about the goods.

e. Claims of minor surface blemishes must be made within 48 hours of installation or delivery in Supply Only contracts.

f. This guarantee is given in addition to the customers existing common law statuary rights.

g. The above guarantee does not apply to electric or gas appliances which will be subject to manufacturers own sales service and guarantee. When reusing customers own materials i.e. gutters, frames etc; The Company will not accept liability for parts broken or unsuitable materials. Products not supplied by The Company will not be guaranteed either for workmanship carried out or for the product itself.

h. No warranty or other representation is given by The Company concerning the prevention/elimination of condensation or noise and nor have its salesmen authority to give such representations or warranties, nor does it cover any damage caused by the customers own installations from a Supply Only contract.

i. All locks and moving parts are only guaranteed for a maximum of 5 years, the customer is advised to maintain the locks and moving parts with a light oiling every 6 months. Locks and moving parts are supplied to The Company and are made in accordance with PAS23/PAS24 endurance and security standards. The Company will not be held responsible/accountable for ANY security breaches (leading to loss of money, property etc.) whether by failure of the product or deliberate foreseeable intrusion. Unless subsequently highlighted as a remedial request, all locks etc. will be deemed as fitted properly.

j. All dark wood, greys and black panels come with the manufacturers guarantee or a maximum of 5 years with The Company. Please check the original manufacturers for the individual guarantee period as guarantee varies dependant on suppliers.

k. The Company is not an emergency repair service and your guarantee does not cover you for any emergency repairs. If you require an emergency repair an additional fee maybe chargeable. The Company is not obligated to cover any emergency repairs.

l. Hairline cracks in plaster are a common occurrence. They can occur when the plaster/board and main structure (wood/thermal block) are drying or moving due to the different temperatures within your conservatory or extension. Hairline cracks are cosmetic, and you will need to fill or cover them when painting. The Company is not responsible for maintaining any hairline or expansion cracks in your plaster.

m. Due to different colours and various suppliers of polycarbonate roofing sheets, our guarantee will be for a maximum of two years. The two-year guarantee includes the installing/fitting process due to the unstable nature of these products.

n. Your guarantee on roofline products, ancillaries, flat roofs, pitched roofs, canopies, garage doors, and windows is not covered by Acts of God. Including adverse weather, extreme winds, heavy downpours, floods, and lightning storms.

PLEASE NOTE:

i. Although double glazed units normally reduce condensation on glass, there can be variation in different types of property and therefore no guarantee of reduction in condensation can be given.

ii. All glass used by The Company is of suitable quality for installation in domestic properties. Due to the nature of the manufacturing process, however, the glass cannot be guaranteed to be completely free of minor blemishes and imperfections, which will in no way affect the performance of the double glazed units.

iii. The Company draws your attention to the fact that glass has a soft surface and that reasonable care should therefore be taken when cleaning the windows to prevent any damage to the surface from abrasive cloths, detergents etc. Any damage found to be caused by inappropriate cleaning will invalidate this guarantee.

iv. All leaded glass windows supplied by The Company are individually made by hand; The Company will use its reasonable endeavours to ensure that the coloured designs on the glass match as closely as possible to the shades of colour depicted in any brochures or samples shown to the customer. However due to the nature of the production process and inherent properties of the glass, The Company does not warrant that a perfect colour match will be made.

v. Whilst The Company takes all reasonable steps to preserve the appearance of the brassware and leadware used in its products, by their nature both brass and lead will tarnish when exposed to the atmosphere. The Company guarantee does not therefore extend to cover either brass or leadware. The Company recommends that the customer regularly maintain such fittings by cleaning and polishing to reduce, as far as possible, the effects of tarnishing.

vi. During the first twelve months any site work labour cost is also included in the guarantee. After this period a labour and call out charge will be required to attend to the fixing, replacement or remedial of any items. This fee will be set on a non-profit basis.

EXCLUSION OF LIABILITY

22.

The Company guarantee is provided by The Company and accepted by the customer in addition to all other statements, conditions and warranties under or in respect of the contract which may be made either expressly to you or would be implied by law into the contract as to:

a. The state, quality, fitness for purpose or performance of the goods.

b. The customer must ensure that any special conditions or requests must be stated on the face of this contract & signed for by a representative of The Company. In the event of failure to do so The Company will not accept liability or responsibility under the conditions of this contract to carry out any such requests or special conditions and our normal working practice and policy will stand.

c. Any advice given by a representative of The Company other than for the products being supplied will only represent his/her own opinion and not that of The Company and will have been given in good faith but will not be binding to The Company.

d. We will not be liable for any unforeseen damages caused to anything left within the area of installation that could have been moved. Please ensure that all items of this nature are moved prior to installation.

Transfer of the Guarantee from one homeowner to another is given solely at the discretion of The Company and is subject to an administrative fee.

The Company accepts no liability for any invasion/illegal entrance to your property through any of our products even if faulty or fitted incorrectly, if this case should occur please note that we hereby notify you by signing this contract you will have no rights to claim from The Company for any losses of property or cash in any such event.

SEVERANCE

If the provisions of any of the clauses of these terms and conditions shall be deemed void for any reason whatsoever, but would be valid if part of the wording of that clause was deleted, any such clause shall apply with such modifications as may be necessary to make it valid and effective.

PAYMENT

a. Payment of balances upon delivery will only be accepted in the form of a bankers draft, building society cheque, cash or debit card ONLY. Payment must be made in full on day of completion unless otherwise arranged. Failure to do so will result in the guarantee being void and all discounts given will be removed and the full contract value will become payable.

b. In the case of Supply Only orders, when more than one delivery is required to complete the order all monies due will become payable on the first such delivery and all discounts given will be removed and the full contract value will become payable no exceptions will be permitted If the customer does not pay and obstructs such payments The Company will use all powers available at its disposal to collect monies when due or overdue.

c. Interest at the rate of 5% above Bank of England base rate current at the time when payment is due will be payable on unpaid bills from the date of payment until actual payment.

d. The Company reserves the right to remove all discounts stated on the contract if payment is not promptly made upon start day/delivery/installation, unless otherwise agreed in writing by a manager of The Company.

e. No refunds or reductions will be made for any works undertaken by a third party, unless expressed permission has been granted in writing by The Company following an agreed price. (Whether this is part of the original supply and fit or subsequent remedial work, or to remedy damage caused.)

Payment of the total purchase price, less any deposit paid, shall be paid to The Company upon delivery of the units or upon the installation of the units being on the start date, where installing is part of the contract. All payments must be made payable to The Company and crossed ‘Account Payee Only’ started on the first day on staged payment projects monies will fall due for payment at each finished stage on that day. Cheques or cash may be handed to The Companies representative but this has to be cleared by head office before cash is handed to The Companies representative. A copy of this agreement must be kept by the customer with the payment duly shown thereon. Unless a receipt is so endorsed by the representative on the copy, payment shall not be deemed to have been made to The Company. The customer shall not be entitled to withhold payment by reason of any alleged minor defect or ancillary trims or minor finishing of items such as sealing, end caps, knockers, numbers, spyhole etc that would cost less than £100 sterling. The Company will look into any alleged defect after all payments due to the Company have been made. The guarantee referred to above shall be null and void if the full price is not paid on the due date final day at completing of those works. “If for any reason The Company has not fully completed the contracted works and has to wait any longer than initially anticipated for the works to be completed whether this be at the customers discretion or the Companies for whatever reason then the works that have been completed will be due for payment immediately. Outstanding works will then become due for payment on the completion of those works”.

Any increase in costs or expenses arising from any changes to the contract requested by the customer, or any act or omission or any special requirements of you, may at The Companies discretion be charged to the customer. Should the customer, after the date of contract, make (or contract with any other person or company to make) any alterations at the delivery address which The Company consider will result in change being required to the goods, The Company may at their discretion, charge any resulting increase in costs or expenses to the customer. VAT will be calculated on the contract at the rate in force at the time of the order. In the event of a change in the rate of VAT, whether up or down, The Company will be required by HM Customs and Excise (VAT Department) to amend the rate to that which rules on date of collection. This contract shall be governed by English Law and the parties agree to submit to the non-exclusive jurisdiction of the English Courts.

All cash deposits paid must show on this contract and be signed for by the recipient. If deposits or cash paid are not shown on the contract or you do not have a receipt from a member of The Company you could be liable for the payment again or alternatively this could invalidate your guarantee terms.

a. All products will remain the sole property of The Company until all sums due to The Company from the customer, whether in respect to the products or otherwise, have been paid in full by the customer. Where the customer is to obtain a private loan, e.g. Building Society further advance, or Bank Loan, etc. Insurance where you are to be reimbursed by agreement with your insurance company this will have no bearing on your obligations of paying the Company directly we hereby notify you that this contract is between the customer and The Company and not that of your insurance company you will be liable to pay us directly when monies are due and no exceptions will be made waiting for your insurance payment pursual. The customer will be responsible for arranging that payment on the due date in full. Any payments made by way of a deposit are non-returnable, save where the contract is rejected under clause 34b hereof or where the contract is ancillary to a consumer credit agreement under the Consumer Credit Act 1974 and the credit is not made available. Any concession, latitude or waiver allowed by The Company at any time shall be without prejudice to its strict and full rights under this contract and shall not prevent The Company from subsequently exercising such rights.

b. All goods and materials used remain the sole property of The Company until such time as they are paid in full. The Company reserves the right, and your signing of this contract hereby grants The Company the right following unjustifiable reasons for non-payment (the customer accepts that The Company shall determine what constitutes as an unjustifiable reason for non-payment) or following breakdown in communication- to access the property and repossess any and all materials where the security of the premises is not compromised. You hereby give The Company permission to use your credit/debit card details to take payment on all outstanding balances when due. In cases of justifiable non-payment The Company is to be allowed access to the site to resolve any faults or complaints discovered by the customer. Signing this contract shows that the customer accepts this, and that the problem (should one have arisen) may not be solved immediately. The customer must allow access to the site as many times as The Company needs to fully resolve the problem. In the unlikely event of The Company failing to solve the problem to the customer’s satisfaction after exhausting all available options, an independent and fully qualified surveyor/inspector shall be consulted to offer any other alternative solution not previously available to The Company.

APPLICATION FOR 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.

a. 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.

b. Cancellation of a contract with a credit provider does not constitute as a cancellation of the contract between the customer and The Company.

c. 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, save where the contract is terminated under clause 34b.

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.

CANCELLATION BY ST HELENS WINDOWS LTD

a. The contract is subject to an initial price check subsequent to the sales visit to verify profitability margins.

b. The Company reserves the right to cancel any contract without reason prior to commencement of any works.

c. Following the survey, should The Company consider that for any reason the goods cannot be properly installed at the delivery address or if it is found that The Company representative has mistakenly undersold the job to the extent that The Company cannot carry out the works to a good standard whilst still maintaining The Company’s lowest acceptable profit margin (this will be determined by either a full survey or based on information / conditions that come to light either pre or following the commencement of works.) The Company will negotiate

a new price. If this is declined and The Company could incur losses The Company will cancel the contract between all parties and restore any works started to their original condition. This will be addressed by a manager who will have sole discretion as to the final decision. The Company may at any time prior to installation of the goods cancel the contract without The Company incurring any liability to the customer, other than to return any deposit, survey fee, or other monies paid by the customer to The Company. The Company will use reasonable endeavours to notify the customer, in writing, as soon as possible, if the results of the survey are such that the Company considers it necessary to cancel the contract.

d. If the customer fails to pay any amounts due to The Company on the due date for payment, or if you have a receiving order in bankruptcy made against you, or make any arrangement with your creditors, or if you are a company and you have a receiver appointed or if any order should be made or any resolution passed for winding up your trading, The Company may, in addition to its other rights, demand immediate payment of all unpaid amounts due from you at that date, except those amounts relating to costs not already incurred by The Company, and suspend or cancel the order without any liability to the customer.

e. If under these terms and conditions, agreement cannot be reached between the customer and The Company in relation to the terms of an order variation within 21 days of the identification of the requirement for an order variation, then The Company may cancel the order by giving the customer written notification of the cancellation.

f. The Company will not be liable for any indirect special or consequential costs, losses or expenses that the customer may incur due to cancellations or delays during the order process. These include unaccounted absences from work, loss of pay, compensation for delays and errors in execution.

CANCELLATION BY THE CUSTOMER

a. If the contract is entered into by the customer for cash, cheque or credit agreement during a visit by The Company to their home, at the home of another person, on company premises or to your place of work, at your request constituting as a solicited call (e.g. in response to radio, recommendation or press advertisement) or you have contacted us as a result of a unsolicited call meaning you have looked for us of your own volition and at your own request to our services, then you will have fourteen days in which to cancel the agreement from the date of signing. The customer should only sign if they wish to be bound by its terms and conditions.

b. If you wish to cancel the contract you must do so in writing within the 14 day period starting with the day after signing your contract. You must inform us of your decision to cancel this contract by a clear statement (e.g. letter, email). Please use the address, email at the front of this contract. Please feel free to use the cancellation form provided, but it is not obligatory. Cancellation is deemed to be served as soon as it is sent. If it is sent by electronic communication it is deemed served from the day it is sent. The customer must also keep proof of cancellation.

c. Request for early supply of goods and service affect your right to cancel according to regulations 29(d) and 36(4).

d. If, after reading you are at all unsure of your rights and obligations under this contract, you should contact the Company’s helpline on 01744 611203.

Without prejudice to any of its rights under the contract for any reason, if this contract is terminated for any reason other than The Company failing to be able to abide to the requirements stated herein, The Company has the right to seek payment for any loss of profits and costs incurred prior to the termination of this contract.

The customer hereby gives The Company permission to contact them by various media to let you know of any discounts, promotions or new products that may be of interest. Unless otherwise expressed in writing or on this contract that you do not wish to be contacted by us.

PREVIOUS MEDIUM & 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.