ENLIGHTENED WINDOWS AND DOORS LIMITED

Terms and Conditions of Sale

Unless otherwise stated, our quotations are on the basis of supply only.

We do provide an installation service and can supply and fit where required, subject to availability.

Our installation quotations where provided assume all scaffolding, mechanical handling equipment and access will be provided by the site as required. Any adjustments to scaffolding, cranes, glass lifting equipment and other access equipment are not arranged or included in our quotations.

Where we have quoted for installation, this is strictly quoted on the basis of a single uninterrupted visit to install – as one visit over one or multiple days. We will check to ensure that the site is ready one week prior to installation and, should the customer or appointed agent confirm that the site is ready, then we will make firm arrangements with our installation team to attend the site. Subsequent cancellation or rearrangement after this point will incur additional charges as set out below:

– 10% of fitting contract value – less than 7 calendar days’ notice given
– 25% of fitting contract value – less than 3 calendar days’ notice given
– 50% of fitting contract value – less than 24 hours’ notice given

In the event that we reach the site and discover that the site cannot be fitted, despite being told that it can, then we reserve the right to charge 50% of the fitting contract value as an inconvenience fee.

Our fitting costs quoted are strictly based on an uninterrupted continuous fit unless agreed at the time of contract.

Where we quote installation, we will only use Compriband to seal our window and door units. Where mastic is required, we will not apply this and do not include this in our quotes. We will not apply mastic in any circumstances, as this is a specialist job. We are happy to provide details of companies who can apply mastic but we do not recommend this as a method of installation, despite this being a common UK building practice.

Should we encounter issues with the building that do not allow us to complete any element of our work during our fitting visit then we will happily return to the site to complete the work once the building has been corrected, but this will be deemed chargeable work and not part of the contract sum. As a guide, we will charge £250 + VAT for a skilled fitter, £180 + VAT for a skilled labourer and £350 + VAT for issues requiring a company director. Travelling expenses will be also charged in addition at the Automobile Association’s recommended rate of pence per mile, as stated on their website.

Fitting Warranty

In addition to the manufacturers guarantee, we also offer a one year guarantee on the fitting service we provide.

This does not include adjustments and regular maintenance, which is the customers responsibility once the fitting work has been completed.

Once all fitting work has been completed, we will conduct a snagging period during which any adjustments and minor issues that haven’t been noticed can be resolved. Once the snagging is completed and fitting work is guaranteed one year from the date of commencement of fitting.

Deposits

Where we supply and fit our product, deposits taken prior to survey are strictly non-refundable.

Access

It is the customer’s responsibility to maintain an accessible safe site with adequate access and safe working conditions. In our quotations, we make no allowances for any additional costs to provide extra equipment or materials where we feel it necessary to provide additional equipment in order to provide our services safely.

It is also the customer’s responsibility to ensure that we are made aware of site restrictions and access issues. Where smaller vehicles or mechanical offload is needed, we reserve the right to make appropriate charges. It is also the customer’s responsibility to ensure that the site can accept delivery as storage charges and abortive costs will apply if the vehicle is unable to reach the site and offload on the nominated day of delivery. On order, an expected delivery week will be nominated.

Storage

Storage charges are approximately £125 per pallet per week
Aborted delivery costs are charged at cost from the transport provider.

Quotations

Unless specifically stated, our quotations do not provide for installation labour or materials and assume that installation services and associated materials will be provided by others. As long as manufacturer installation guidelines have been followed, the product guarantee is identical when you organise your own installation to when we install ourselves.

As so many installations have cills integrated into the building fabric, we have not allowed for a factory fitted cill attachment to the base of all windows, and if doors are included in the quotation, any extras (such as angles) will be included in the quotation only if requested.

When viewing the window schedule, please note the European notation method which depicts the chevron pointing to the handle. Please also note the information that establishes whether the unit opens inwards or outwards. Please check the quote for this detail, as we do supply quotations from different factories that use different ways of displaying this information.

The prices quoted are net prices exclusive of VAT. In respect of all German or European windows, the quotation and payment will be made in British pounds at the rate prevailing on the day of the transaction.

The quoted price will show the cost of delivery of the products to your UK address on non-returnable pallets with protection on vulnerable corners and adequately wrapped and braced and offloaded at destination. Extra costs may be incurred where the site has restricted access.

An accurate delivery date will be given on receipt of a detailed order, subject to any unforeseen problems.

A warranty in respect of the manufactured windows and doors will be given in respect of defects in the materials and workmanship for a period of 5 years for the windows and 5 years for the doors, provided that they are installed and maintained in accordance with the manufacturer’s instructions. The maximum liability under this warranty shall be the purchase price including VAT prevailing when the product was purchased. It does not cover consequential damage, nor does it cover damage arising from incorrect handling, storage, installation or use and impact or mechanical damage caused on or after delivery. Attempted repairs by a non-qualified or non-competent individual shall invalidate the warranty.

For the avoidance of doubt, optical phenomena (such as interference colour bands known as “Brewsters Fringe”) seen in the glass are not to be regarded as affecting the merchantable quality of the same. Only inherent defects are covered by this warranty, which does not extend to any other defect or fault whatsoever, nor to any damage or injury arising out of any breach of contract, negligence or other tortious liability howsoever arising which liability is hereby expressly excluded. Any replacement will not necessarily be identical to the original but shall be such an item as will constitute an adequate replacement at the discretion of the company.

The price, delivery and specification details of the quotation are based upon the supplied contract information and variations may occur with respect to changes in design, size or quantity and other changes affecting the cost of the works.

Specialised assessments should be obtained by the customer where it is anticipated that extra loads may be placed on the structures for which they were not expressly designed. It is the responsibility of the customer to provide adequate structural support and suitable fixings and to obtain local authority building control approval for these. Corner posts are not structural, and the products are not to be utilised as structural elements and no loads should be imposed on them other than those for which they were expressly designed. Their own dead weight and the wind loads acting upon them require them to be transferred back to the supporting structure or interface materials to which they are fixed.

This quotation does not include formal calculations for wind loading or containment of glazing. It remains the responsibility of the customer to obtain local authority building control approval.

When the customer is ready to proceed with an order, they must arrange to pay 100% of the quotation including VAT and, at this point, an accurate date will be given for delivery of the order.

Following the placement of the order, we will check and confirm every aspect of the contract with the customer or their representative, including structural opening sizes, colour and material choices, fittings including installation lugs and trickle vents and any other fittings. At this point, a final order will be sent to you for approval and signature. Any changes to the order after this point may incur additional costs and affect delivery times.

We are required to provide a seven-day cooling-off period. This means that, unless you choose to waive this right, we will wait seven days before placing the order.

Our insurance-backed guarantee is provided by GGFi.

Sample windows, colour charts, wood and aluminium samples are provided on a loan basis at no cost to the client. We will provide free delivery and if requested, free collection of all samples. Clients are loaned samples for a period of 30 days unless a longer loan period is agreed upon. By accepting or borrowing samples as above, the client is required to keep these in good condition as received. Clients are urged not to keep these on-site, as dust and debris of construction can damage the product.

Any samples not returned, or returned damaged, will be chargeable to the client at the following rates:

Chop samples – Bottom rail of window £98
Corner samples – £150
Wood sample chart – £42.00
K8 RAL colour chart – £15
Aluminium samples – £22
Full window samples – £480

All of the above costs exclude VAT at 20%

Installation payments

Our normal terms of business are to require payment as per the contract paperwork issued. We require payment for fitting as indicated in the contract signed by the customer, and the final payment will be due once the final window/door is fitted into position. Full payment for our fitting service will become due at this point.

A snagging process will then follow, where the client will be asked to produce a list of issues that require rectification. This list must be complete and thorough as, once all snags on this list are completed, contractual obligations are completed and the job is finished. In circumstances where the customer’s project has other issues outside the control of Enlightened Windows, which prevent Enlightened Windows from completing the job, or even fitting the last window/door, then fitting charges will still become due. In circumstances where the customer withholds payment once the last unit is fitted, then Enlightened Windows shall have the right to charge interest at the rate of bank base rate +2%. The snagging process indicated shall be conducted with the original contract signatory only.

It is the customer’s sole responsibility to ensure all windows and doors are adequately protected from building activity once installed.

We recommend that doors and windows are kept closed during building work so that they are not used by site operatives for carrying in building materials. We recommend that one means of access is used and this is protected from building damage by the customer’s builder, where other building trades are to carry on once windows are installed.

Customers must check all windows and doors once the last window/door is installed, and any reports of damages must be notified to us in writing within 3 days of the final unit being put into position in the building.

Unpaid debts

We reserve the right to add interest at the rate of 2% per month for any unpaid invoices which are unpaid after 60 days.

Quotation language

Many of our quotations are in German or another foreign language. We are happy to translate any terms or details of any foreign language documentation either in the quotation or order confirmation.

By signing any order confirmation documentation, the customer is confirming acceptance of the order as detailed and confirming a complete understanding of the documentation provided. The customer also confirming suitability for purpose and confirming that all relevant authorities have been contacted to ensure that the customer has permission to install the product ordered. It is the customer’s responsibility to seek relevant planning or building control approvals.

Surveys

Where requested, we will take survey measurements of a site on the basis that the customer is thus stating an intent to proceed with the sale. Should the sale not proceed for any reason once a survey (defined as the customer requesting Enlightened Windows to measure structural openings with a view to placing an order) has been instructed by the customer then a survey fee of £450 will be chargeable. By instructing a survey or site measurements, the customer is thus agreeing to this. This is in addition to the 10% deposit we take prior to the survey.

Where we are replacing windows in an existing building, it must be understood that we will measure windows to make the most appropriate size for the building. We cannot be held responsible for the inherent imperfections of walls, woodwork or any other part of the building not being originally true and plumb. We will make decisions on behalf of the customer and, should the customer wish to be involved at that level of detail, they must make it known at the time of the survey. Where we are making good following fitting, we will perform only basic making good as our standard service. Decoration and flatting of the window will be required post fitting. We do not offer a re-plastering service and, where hollow plaster is present, we will remove this. But we do not repair or make good in these areas.

Storage of Received Products

Where products are stored on site, they must be stored in suitable conditions: in a cool and dry environment with no other products leaning up against them. Products should not be stored under tarpaulins or in any situation where direct sunlight can cause the product to overheat. It should be recognised that the product is made out of natural timber and this must not be exposed to excesses of heat. Storage in vehicles and storage containers must not occur under any circumstances, as this has potential to create an environment where it can get very hot and then very cold. These cycling daily temperatures will cause damage and warping of the product. We recommend, if you are uncertain about the storage conditions, then you should seek our advice.

Claims

In the event of supply later than expected, or incorrect supply requiring re-order, which is deemed as a mismeasure or misspecification, we will rectify and resupply where the error is ours. Under no circumstances will we accept claims for consequential loss, or claims for items such as additional property rental or plant/scaffold rental. This is a strict term of sale.

Customers living in a property whilst we are replacing windows must understand that this is building work: items that can be damaged by building dust or dirt should be removed/taken down before our work commences. We will provide some protection for areas in which we are working, but this will be limited to the direct area of work. Customers should put dust sheets on furniture and remove valuables and breakables. We will carry out basic cleaning after completion in our direct area of work. We do not remove or clean airborne dirt and dust.

Charges for late payment

In accordance with The Late Payment of Commercial Debts (Amendment) Regulations (SI 2018/117) which came into force on 26 February 2018 and amends the Late Payment of Commercial Debts Regulations 2002 (SI 2002/1674), late payment may incur an additional:

· Compensation charge of £40.00 for invoices up to £999.00 / £70 for invoices in excess of £1000.

· Late payment interest charge of 8% over The Bank of England base rate.

· Reasonable debt recovery charge.

All invoices past 28 days of the payment due date stated on the invoice may be passed on to a 3rd party collection agent.

An invoice will be deemed as late once past the payment due date stated on the invoice.

Late payment will negate any discounted rate offered to the Client by the Contractor. Any Payment due past 14 working days of the payment due date will be charged at the Contractor’s standard rate for Services.

Where C.I.S deductions have been deducted from invoice payments, the deducted amount will remain as an outstanding balance until a valid C.I.S Deduction Certificate has been received. Outstanding C.I.S deductions past 28 days of the date of the invoice due date will be charged accordingly as stated in section 39.

We assume you the customer are the end-user for the purposes of section 5 5 A VAT act 1994 reverse charge for building and construction services and we will charge VAT at the appropriate rate unless you inform us otherwise.