Terms and Conditions of Sale.
The quotation or invoice for any order placed following such quotation are subject to the following conditions of sale in which RJR Joinery is referred to as "the company"
1. Validity of quotation
No order received from a customer by the company shall constitute a contract until accepted in writing (email is accepted) by the company and a deposit of 25% of the total cost of the order is received by the company.
2. Prices
Prices quoted by the company are firm for 30 days only or until previously withdrawn. VAT is applicable to each job and will be detailed on the quote.
3. Delivery and lead times
Delivery periods and dates are given in good faith, but are not subject of any warrant or condition, other than any implied by consumer protection legislation, and time shall not be of the essence of the contract in these respects.
3.1 Any problems or difficulties with access to the delivery address, for example narrow roads, low bridges, end of a dirt track road, farm buildings etc, must be notified by the customer, to the company at the time of ordering, so that the type of vehicle required to make such a delivery can be selected. If special vehicles and staff are required to make the delivery then an additional charge will be advised prior to goods being dispatched. We may decline delivery if:
3.1.1 we believe that it would be unsafe, unlawful or unreasonably difficult to do so; or
3.1.2 the premises (or access to them) are unsuitable for the delivery vehicle.
3.2 Any delay in customer decisions on specifications etc (ie paint colour, ironmongery choices), or any delay in paying any one of the 4 staged payments (over the timeframe for payment specified on the invoice.) may delay the jobs completion date and therefore delivery date.
3.3 If an attempt to deliver goods is made, and this date and approximate time had been agreed upon by the customer and the company prior to dispatch, and the customer or a representative is not available to receive the goods, or the delivery is not possible due to access issues or any other reason which means the goods can not safely be delivered, the customer shall be charged the cost of delivery, by the company for a second delivery.
3.4 The customer will be informed of estimated lead times after the first 25% deposit invoice has been paid, and the customer has confirmed all specifications of the windows and doors including, but not limited to, paint choices, ironmongery choices and obscured glass patterns. Any changes to these specifications after the confirmation will result in additional costs and delays to the lead times previously given.
4. Payment
4.1 Unless otherwise agreed in writing, the customer shall pay the final invoiced amount, in full, prior to dispatch of the goods. Invoices for goods will be issued 7 days prior to dispatch, If payment is not made prior to the dispatch of the goods for delivery, the goods will not be delivered and the customer shall pay the company interest at the rate of 4% per annum above the base lending rate of Barclays bank PLC from the due date until the date of actual payment.
4.2The company reserves the right to demand a non refundable deposit of 25% of the total price of the goods supplied (inclusive of the VAT)
4.3 All prices are subject to VAT at current rate (20% as of January 2016)
4.4 A pricing structure to include deposit/ staged payments to be discussed with the customer at the point the job is agreed upon, this will typically be
25% deposit, 25% on commencing manufacture, 25% near completion of manufacture and 25% prior to dispatch of goods to the customer. These staged payments will include VAT detailed on the invoice.
4.5 If any services are cancelled or the contract is terminated by the customer before completion of the services the company shall be entitled to be paid on a quantum merit basis for the part of the services performed. The customer will be invoiced accordingly and monies shall be immediately due and payable.
5. Warranty
5.1 The company shall be under no liability in respect of any defect in the goods arising from any drawing, photograph, design or specification supplied by the customer.
5.2 The company shall be under no liability if the defect or failure arises from wilful damage, misuse or negligence by the customer or any third party, failure to follow the company's instructions, or alteration or repair of the goods without the company's prior approval. A full list of warranty exclusions can be found on the website, or in print if requested.
5.3 The company warrants that the Goods supplied will, at the time of delivery, correspond to the description given by the company.
5.4 All goods supplied will be of satisfactory quality and will be fit for purpose as required by consumer rights law.
5.5 The above warranty does not extend to parts, materials or equipment not manufactured by the company, in respect of which the customer shall be entitled only to the benefit of any such warranty or guarantee as is given by the manufacturer to the company.
5.6 Except in the case of death or personal injury caused by the company's negligence, the company shall not be liable for any consequential loss or damage (whether loss of profit or otherwise) or other claims for consequential compensation
5.7 Claims must be notified in writing to the company within 7 days of delivery or (where the defect is not apparent on reasonable inspection) as soon as practicable after discovery of the defect.
5.8 In the event of the customer refusing to pay monies owed to the company, all warranties on supplied products shall be void.
5.9 Ironmongery supplied by the company is guaranteed for 10 years against functional failure, Any replacement ironmongery that has a functional failure will be supplied and fitted by the company under the warranty for 12 months from the date of delivery. From 1 year - 10 years from the date of delivery the ironmongery will be supplied by the company to the customer, for the customer to fit.
5.10 Standard double glazed units are guaranteed for 10 years against failure (any moisture that has penetrated to the space in between the panes of glass.) In this instance the company will replace the glass unit under the warranty for the first 5 years from the date of delivery. If the failure occurs within 5-10 years from the date of delivery then the company will supply the glass unit only. If the the company are replacing the glass unit, they may reserve the right to replace the entire sash. Slimline glass is guaranteed for 5 years, supply only.
5.11 Paint and stain is guaranteed as per the following conditions
Non coastal property: Joinery is sheltered 10 years for paint, 5 years for stain. Joinery is partly sheltered 8 years for paint, 5 years for stain. Joinery is not sheltered 7 years for paint 5 years for stain
Exposed location or within 0.5 miles of the coast: Joinery is sheltered 8 years for paint 5 years for stain. Joinery is party sheltered 7 years for paint 4 years for stain. Joinery is not sheltered 6 years for paint 4 years for stain.
High altitude or coastal location: Joinery is sheltered 7 years for paint 5 years for stain. Joinery is partly sheltered 6 years for paint 3 years for stain. Joinery is not sheltered 5 years for paint 3 years for stain.
(Sheltered: underneath a canopy or roof. Partly sheltered: windows built back into a reveal. Not sheltered: on the face of the building with no reveal)
5.12 If the company is only supplying the windows or doors, the company will not be responsible for any faults or damage to the windows or doors that have occurred as a result of poor instillation, or movement/ any structural issues with the building. If the company are called out to a site visit and these issues are established at the site visit, then a call out charge of £165.00 + VAT at 20% will be made for the first 2 hours (including travelling time) and then £45.00 + VAT at 20% per hour thereafter, if the 2 hours is exceeded.
6. Carriage
Packaging and carriage and insurance charges in respect of delivery of goods to the customer will be charged to the customer at the time of the initial quote, any changes to the delivery address or date may be subject to an additional cost.
7.Damage in transit
If the goods are not delivered by the company, then the company does not accept any liability for loss or damage to the goods whilst in transit to the customer.
8. Risk and Title
The goods shall be at the customers risk as from delivery.
8.1 Without prejudice to condition 10 and in spite of delivery having been made property of the goods shall not pass from the company until:
8.1.1 The customer has paid the price in full; and
8.1.2 no other sums whatsoever shall be due form the customer to the company
8.2 Until property of the goods passes to the customer in accordance with clause 8.1 the customer shall hold the goods on a fiduciary basis as bailee for the company. the customer shall store the goods (at no cost to the company) separately from all other goods in its possession and marked in a way that they are clearly identified as the company's property.
9. Force Majeure
The company shall not be liable to the customer, or deemed to be in breach of any contract with the customer, by reason of any delay in performing, or any failure to perform, any of the company's obligations in relation to the goods if the delay or failure was due to force majeure or any other cause beyond the company's reasonable control.
10. Reservation of Title
The goods sold under these conditions shall remain the absolute property of the company and legal title in the goods shall remain vested in the company until payment in full, of all amounts invoiced or due to the company in respect of the goods is made. If the customer shall enter into liquidation, have a winding-up order made against them, or have a receiver, administrator or administrative receiver appointed over their assets, income or any part thereof before the property of the goods has passed in accordance with this condition, the company shall be entitled, immediately after giving notice of to intention to repossess the goods, to enter upon the premises of the customer with such transport as may be necessary and to repossess any goods to which it has title under this condition. No liquidator, receiver, administrator or administrative receiver of the customer shall have authority to sell goods to which the company has title without the prior written consent of the company
11. Insolvency of the customer
If the customer shall suspend payment, propose or enter into any composition or arrangement with his/her or their creditors, or have a bankruptcy order made against him/her or them, then the company shall have the right, without prejudice of any other contract with the customer, not to proceed further with the contract. The company shall be entitled to charge for work already carried out (whether completed or not) and for goods and materials already purchased for the customer, such charge will be an immediate debt due from the customer.
12. Patent rights etc
The acceptance of a quotation includes the recognition by the customer of the right of the company under any agents, trademarks, registered designs or other intellectual property rights relating to the goods, and the customer undertakes that patent numbers, trademarks or other trade markings on goods supplied shall not be obliterated, altered or defaced. Any Computer-aided design drawings supplied by the company for an individual job, or as part of our standard window range, are the property of the company. Drawings that are labelled ‘to scale’ are for proportional reasons only, for the purposes of planning applications. These scaled drawings must not be used for any direct measurement references.
13.Applicable law
These conditions shall be governed by and construed in accordance with English law and the parties acknowledge and accept the exclusive jurisdiction of the English courts.
14.Conditions applicable
These conditions shall apply to all contracts for the sale of goods by the company to a customer to the exclusion of all other terms and conditions which a customer may purport to apply under any purchase order, confirmation of order or similar document and all orders for goods shall be deemed to be an offer by the customer to purchase goods subject to these.
15. Complaints
Although our aim is to provide the best possible service to our customers, if you wish to make a complaint in relation to goods supplied or services rendered, you may make a formal complaint to the company in writing at 153 Windermere Way, Stourport-on-Severn, Worcestershire. DY13 8QH