TERMS AND CONDITIONS OF FIRST CHOICE DOORS & WINDOWS LTD.
AGREED TERMS
1. INTERPRETATION
1.1 The definitions in this clause apply to these Terms:
Force Majeure Event: shall have the meaning given in clause 9.
Goods: the products that we are providing to you as set out in the Order.
Order: your order for the Goods and/or Services as set out overleaf.
Order Confirmation: shall have the meaning set out in clause 2.5(b).
Services: the installation of the Goods that we are providing to you as set out in the Order.
Terms: the terms and conditions set out in this document.
We/us: First Choice Doors & Windows Ltd. (Company number 105 484 37) whose registered
office is at Unit 9, Fordhouse Industrial Estate, Steel Drive, Wolverhampton, WV10 9XA
Writing or written: written notice sent by recorded delivery to the address of First Choice Doors &
Windows Limited excluding faxes and e-mail.
1.2 Headings do not affect the interpretation of these Terms.
2. BASIS OF SALE
2.1
(a) We consider these Terms and the Order to set out the whole agreement between you and us for the supply of
the Services. These Terms only apply to our contracts with consumers.
(b) Please check that the details in these Terms and on the Order are complete and accurate before you commit
yourself to the contract. If you think that there is a mistake, please make sure that you ask us to confirm any
changes in writing, as we only accept responsibility for statements and representations made in writing.
(c) Please ensure that you read and understand these Terms before you sign and submit the Order, because you
will be bound by the Terms once a contract comes into existence between us, in accordance with clause .
(d) All Orders are subject to confirmation by a surveyors report after placing of the Order. If the Order cannot
be completed following a surveyors report due (without limitation) to the nature of the work or incorrect
pricing then you shall within 5 days be entitled to either cancel the Order or agree an amendment to the
nature of the work and/or the pricing in writing. Any monies paid as a deposit shall be refunded to you in
full.
2.2 Any samples, display models, drawings, descriptions or advertising we issue, and any descriptions or
illustrations contained in our catalogues or brochures, are issued or published solely to provide you with an
approximate idea of the Goods and/or Services they describe. They do not form part of the contract
between you and us or any other contract between you and us for the supply of the Goods and/or Services.
Fascias, soffits and guttering shown in the Order will be measured and manufactured in the most
appropriate way pursuant to our policy of continuous improvement to our products and we reserve the right
to make any modifications. Goods supplied do not necessarily correspond to such display models.
2.3 If any of these Terms are inconsistent with any term of the Order, the Order shall prevail.
2.4 The Order is an offer by you to enter into a binding contract with us, which we are free to accept or decline at
our absolute discretion.
2.5 These Terms shall become binding on you and us when:
(a) we issue you with written acceptance of an Order; or
(b) we notify you that we are able to provide the Goods and/or Services,
whichever is the earlier, at which point a contract shall come into existence between us.
2.6 We shall assign an order number to the Order and inform you of it in the Order Confirmation. Please quote
the order number in all subsequent correspondence with us relating to the Order.
2.7 You may within 14 calendar days of placing an Order cancel an Order by providing us with written notice
without any liability and any deposit paid by you shall be repaid in full. Subject to clause 2.1 (d) above, if
you amend an Order at any time after placing the Order, your liability to us shall be limited to payment to us
of all costs we reasonably incur in fulfilling the Order until we receive your amendment. Subject to clause
2.1 (d), above if you cancel the Order after 14 calendar days of placing an Order and a survey has not taken
place on the date of receipt of the notice of cancellation we shall be entitled to 55% of the value of the Order
as liquidated damages. Subject to clause 2.1 (d) above, if you cancel the Order after 14 calendar days of
placing an Order and a survey has taken place before or on the date of receipt of the notice of cancellation
we shall be entitled to 75% of the value of the Order as liquidated damages. We and you agree that payment
of liquidated damages pursuant to this clause 2.8 are a genuine pre-estimate of our loss and not a penalty.
However, where the amendment or cancellation is solely due to our failure to comply with these Terms you
shall have no liability to us for it.
2.8 We have the right to revise and amend these Terms from time to time to reflect changes in market conditions
affecting our business, changes in technology, changes in payment methods, changes in relevant laws and
regulatory requirements and changes in our system's capabilities. You will be subject to the policies and
terms in force at the time that you order the Goods and/or Services from us, unless any change to those
policies or these Terms is required by law or government or regulatory authority in which case it will apply
to orders you have previously placed that we have not yet fulfilled. If the services are ongoing, we will give
you prior notice of any changes to these Terms and you can choose to cancel the Order without penalty
before the new Terms affect you.
3. QUALITY OF SERVICES AND GOODS
3.1 Unless we are prevented from doing so by a Force Majeure Event, we will provide Services which:
(a) conform in all material respects with their description; and
(b) are carried out with reasonable care and skill.
3.2 We warrant that on delivery, the Goods shall:
(a) conform in all material respects with their description subject to any qualification or representation
contained in the brochures, advertisements or other documentation;
(b) be of satisfactory quality;
(c) be fit for any purpose we say the Goods are fit for or for any reasonable purpose for which you use the
Goods; and
(d) be free from material defects in design, material and workmanship.
3.3 Materials. We will extend the benefit of a ten-year manufacturing guarantee in respect of the materials to
you.
Workmanship. We will guarantee for a period of ten years our workmanship from the date of practical
completion. Please note that for the purpose of Insurance Backing all hardware and ancillaries are
restricted to twelve months. If any defect develops in the installation and is immediately reported in
writing within the guarantee period and is proven to be due to either faulty material or poor workmanship,
we will rectify the defect without charge to the customer. Our liability under this guarantee shall be limited
to the price paid by the customer for the installation. There shall be no liability under this guarantee in
respect of the following:
a) Fair wear and tear or the action of sunlight.
b) Any defect arising in the installation or affected section of the installation if any work has been executed by
a third party other than appointed or approved by First Choice Doors & Windows Ltd.
c) Consequential loss of any kind.
d) Any damage or defect caused by peril capable of being insured under a household or similar policy of
insurance whether such insurance is effective or not.
e) Cost resulting from the use of lifting plant, access plant, scaffolding or other types of equipment.
The following conditions to the guarantee also apply
f) Normal and reasonable maintenance is undertaken
g) Any alleged defect is reported to First Choice Doors & Windows Ltd in writing immediately upon discovery
h) This guarantee is transferable
It is the responsibility of the owner of the property to maintain the gutters and downpipes on a regular basis;
i.e. gutters should be free from moss, leaves and debris to enable rainwater to run freely. Should First
be notified of a problem and subsequently find that the performance
of the rainwater system in inhibited, due to any of the above, a call out charge of £49 +VAT (if applicable)
will be incurred.
This guarantee is not Insurance Backed unless a certificate of insurance accompanies it
3.4 This warranty is in addition to your legal rights in relation to Services which are not carried out with
reasonable skill and care or for faulty Goods or which otherwise do not conform with these Terms. Advice
about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
3.5 These Terms apply to any replacement Services we supply to you in the unlikely event that the original
Services do not conform with these Terms. These Terms apply to any repaired or replacement Goods we
supply to you in the unlikely event that the original Goods are faulty or do not otherwise conform with these
Terms.
3.6 This warranty does not apply to any defect in the Goods arising from fair wear and tear, wilful damage,
accident, negligence by you or any third party, if you use the Goods in a way that we do not recommend,
your failure to follow our instructions, or any alteration or repair you carry out without our prior written
approval.
3.7 We will take reasonable steps to pack the Goods properly and to ensure that you receive your order in good
condition.
3.8 You must provide us, in sufficient time, with any information and instructions relating to the Services that is
or are necessary to enable us to provide the Services in accordance with these Terms.
3.9 If you do not, or you provide us with incomplete, incorrect or inaccurate information or instructions, we
may cancel the Order by giving you written notice, or we may make an additional charge of a reasonable
sum to cover any extra work that is required. You are responsible for obtaining any necessary licences,
permissions, permits or authority or other consents required by law or regulation for the installation of the
Goods. You are responsible for the removal of all external fittings that are reasonably necessary to enable
the performance of the Services to be carried out. You are responsible for providing any necessary power
supply, access and egress over a neighbours property or land in order to perform the Services.
3.10 You shall grant to any of our employees, agents, contractors or sub-contractors access to your premises for
the purposes of taking measurements and carrying out the delivery of the Goods and the performance of the
Services.
3.11 We only supply the Goods and/or Services for domestic and private use, and you agree not to use the Goods
and/or Services for any commercial purpose. We accept no responsibility for any pre-existing damage to
any property including structural or other defects at which the Services are performed whether the damage
is discovered before or after the services are performed.
4. DELIVERY OF GOODS & PROVISION OF SERVICES
4.1 We will deliver the Goods to you on the date set out in the Order or on which we notify you that they are
ready. We will supply the Services to you on the date set out in the Order or on which we notify you that the
Services are ready to be performed. If after 6 weeks of the date set out in the Order or on which we notify
you that we are ready to deliver the Goods and/or perform the Services you do not agree a date for delivery
of the Goods and/or performance of the Services we shall be entitled to 75% of the Order value upon
demand and the balance shall be payable on completion of delivery of the Goods and/or performance of the
Services.
4.2 Delivery of any Order for Goods shall be completed when we deliver the Goods to you.
4.3 We will take reasonable steps to meet the delivery date set out on the Order or as otherwise agreed between
us in writing. However, occasionally delivery may be affected by factors beyond our control and so cannot
be guaranteed. We will let you know if we become aware of an unexpected delay and will arrange a new
delivery date with you and/or complete the Services as soon as reasonably possible.
4.4 If you fail to take delivery of an Order within 7 calendar days of the date on which we notify you that the
Goods are ready, then, except where this failure is caused by our failure to comply with these Terms or by an
event beyond your control:
(a) we will store the Goods until delivery takes place and may charge you a reasonable sum currently £75 a day
to cover expenses and insurance; and
(b) we shall have no liability to you for late delivery.
4.5 If you have not taken delivery of the Goods within two weeks of our notifying you that they are ready, we
may, after giving you reasonable prior notice in writing, resell or otherwise dispose of part or all of the
Goods and, after deducting reasonable storage and selling costs, pay you for any excess over the price of the
Goods already paid by you or charge you for any shortfall below their price.
4.6 If we are not able to deliver the whole of the Order at one time due to operational reasons or shortage of
stock, we will deliver the order in instalments. We will not charge you extra delivery costs for this. If you
ask us to deliver the Order in instalments, we may charge you extra delivery costs. If we are late delivering
an instalment, that will not entitle you to cancel any other instalment.
4.7 We may have to suspend the Services if we have to deal with technical problems, or to make improvements
to the Service. We will let you know in advance where this occurs, unless the problem is urgent or an
emergency.
5. DEFECTIVE GOODS & SERVICES
5.1 In the unlikely event that the Goods do not conform with these Terms, please let us know within 7 day after
delivery. We will collect the Goods on a date agreed between us and once we have checked that the Goods
are faulty, we will at our discretion:
(a) provide you with a full or partial refund; or
(b) replace the Goods; or
(c) repair the Goods.
5.2 These Terms will apply to any repaired or replacement Goods and/or Services we supply to you.
5.3 In the unlikely event that the Services do not conform with these Terms, please let us know as soon as
possible after we have carried them out. We will:
(a) provide you with a full or partial refund ,depending on what is reasonable; or
(b) re-perform the Services.
6. TITLE & RISK
6.1 The Goods will be your responsibility from the time of delivery.
6.2 Ownership of the Goods will only pass to you when we receive payment in full of all sums due for the
Goods, including delivery charges, storage and interest. Until payment is made you shall hold the Goods on
your premises as bailee and will not move the Goods from the place they have been installed or delivered.
We shall be entitled to recover the Goods if payment is not made or is overdue, you become bankrupt or you
make any arrangement with your creditors or you are subject to any proceedings analogous to bankruptcy
or you have a receiver appointed over your assets or estate or if you die. You hereby irrevocably authorise
us or our employees or agents or subcontractors to enter your premises where the Goods are installed and
we or our employees or agents or subcontractors may remove the Goods.
7. INTELLECTUAL PROPERTY RIGHTS
7.1 The copyright, design right and all other intellectual property rights in any materials and other documents
or items that we prepare or produce for you in connection with the Services will belong to us absolutely.
7.2 You may not use the materials, documents or other items detailed in clause 7.1 for any commercial purpose.
8. PRICE AND PAYMENT
8.1 The price of the Goods and/or Services will be as set out in the quotation we provided to you or, if we have
not provided a quotation or the quotation has expired, in our price list in force at the time we confirm your
Order. Prices are liable to change at any time, but price changes will not affect Orders that we have
confirmed in writing.
8.2 These prices include VAT (if applicable). However, if the rate of VAT changes between the date of the Order
and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Goods and/or
Services in full before the change in the rate of VAT takes effect.
8.3 We shall invoice you upon acceptance of the Order for Goods and/or Services. The invoice will quote the
Order Number.
8.4 Payment for all Goods and/or Services must be made upon delivery, installation or completion, whichever
is agreed, of the Goods and/or performance of the Services by bank transferor cash. We do not accept
personal cheques.
8.5 If you do not make any payment due to us by the due date for payment (as set out in clause 4), we may
charge interest to you on the overdue amount at the rate of 8% a year above the base lending rate of HSBC
Bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of
actual payment of the overdue amount, whether before or after judgment. You must pay us interest together
with the overdue amount.
8.6 Without limiting any other remedies or rights that we may have, if you do not pay us on time, we may cancel
or suspend delivery of the Goods and/or our performance of the Services or any other outstanding Order
until you have paid the outstanding amounts.
8.7 You shall not be entitled to withhold payment for Goods and/or Services provided by reason of any alleged
defect. We will repair, replace or re-perform the Goods and/or Services in accordance with these Terms
after full payment.
9. LIMITATION OF LIABILITY
9.1 Subject to clause 9.2, if either of us fails to comply with these Terms, neither of us shall be responsible for
any losses that the other suffers as a result, except for those losses which we or you could reasonably
foresee would result from the failure to comply with these Terms subject to a limit of the price paid by you
for the Goods and/or Services.
9.2 Neither of us shall be responsible for losses that result from our failure to comply with these Terms
including, but not limited to, losses that fall into the following categories:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of anticipated savings; or
(d) loss of data.
However, this clause 9.2 shall not prevent claims for foreseeable loss of, or damage to, your physical
property.
9.3 This clause does not include or limit in any way our liability for:
(a) death or personal injury caused by our negligence; or
(b) fraud or fraudulent misrepresentation; or
(c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply
of Goods and Services Act 1982; or
(d) losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability; or
(e) any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our
liability.
10. EVENTS OUTSIDE OUR CONTROL
10.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our
obligations under these Terms that is caused by events outside our reasonable control (Force Majeure Event}
10.2 A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our
reasonable control and includes, in particular (without limitation), the following:
(a) strikes, lock-outs or other industrial action; or
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or
threat or preparation for war; or
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; or
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private
transport; or
(e) impossibility of the use of public or private telecommunications networks.
10.3 Our obligations under these Terms are suspended for the period that the Force Majeure Event continues,
and we will extend the time to perform these obligations for the duration of that period. We will take
reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations
under these Terms can be performed despite the Force Majeure Event.
11. TERMINATION
11.1 Termination will not affect either party's outstanding rights or duties, including our right to recover from
you any money you owe us under these Terms
12. ASSIGNMENT
You may not transfer any of your rights or obligations under these Terms to another person without our
prior written consent, which we will not withhold unreasonably. We can transfer all or any of our rights and
obligations under these Terms to another organisation, but this will not affect your rights under these
Terms.
13. NOTICES
All notices sent by you to us must be sent recorded delivery to First Choice Doors & Windows Ltd
Unit 9, Fordhouse Industrial Estate, Steel Drive, t a s i e c i f f o d e r e t s i g e r e s o h w ) 7 3 4 8 4 5 0 1 . o n y n a p m o C (
Wolverhampton, WV10 9XA. We may give notice to you at the postal address you provide to us in the Order.
In proving the service of any notice, it will be sufficient to prove that the letter was properly addressed,
stamped and placed in the post.
14. DATA PROTECTION
14.1 We will only use the personal information you provide to us to provide the Services, or to inform you about
similar services which we provide, unless you tell us that you do not want to receive this information.
14.2 You acknowledge and agree that we may pass your details to credit reference and assign this contract to
debt collection agencies for the purposes of managing our debts.
15. GENERAL
15.1 If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful
or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms,
which will continue to be valid to the fullest extent permitted by law.
15.2 If we fail, at any time while these Terms are in force, to insist that you perform any of your obligations under
these Terms, or if we do not exercise any of our rights or remedies under these Terms, that will not mean that
we have waived such rights or remedies and will not mean that you do not have to comply with those
obligations. If we do waive a default by you that will not mean that we will automatically waive any
subsequent default by you. No waiver by us of any of these Terms shall be effective unless we expressly say
that it is a waiver and we tell you so in writing by a director of First Choice Doors & Windows Ltd.
15.3 A person who is not party to these Terms shall not have any rights under or in connection with them under
the Contracts (Rights of Third Parties) Act 1999.
15.4 These Terms shall be governed by English law and you and we both agree to the non-exclusive jurisdiction of the English Courts.
First Choice Doors & Windows Ltd, Unit 9, Fordhouse Industrial Estate, Steel Drive, Wolverhampton, WV10 9XA, Freephone: 0800 083 0939
Company Reg. No. 105 484 37 V.A.T. No. 259 426 183