Terms & Conditions of Sale
In these Terms and Conditions the “Company” means Bramley Window Systems Ltd or any Subsidiary or associated companies.
- These terms and conditions override any terms and conditions which may appear on customers own documentation.
- All terms of the contract between the customer and the Company are contained in this document. No representation is given or made to the work specified in the Schedule overleaf shall have effect unless agreed in writing under the signature of a duly authorised officer of the Company.
- The customer shall grant the Company’s employees access to the premises at reasonable times for the purpose of taking measurements.
- The customer will accept delivery, or provide reasonable access to enable installation to be completed as soon as advised that the units are ready. If within 6 weeks of such advice an appointment for installation or delivery in accordance with the contract has not been fixed the balance of purchase price is then due and payable and installation or delivery will follow at a mutually convenient date.
- Bramley has quoted its price to you on the footing that you will pay it in full when the job is substantially completed. Accordingly, the Company rely on you to pay the whole of the balance of the price when given notice of substantial completion by way of an invoice. Any sum outstanding following substantial completion will be subject to interest, which shall run from the date of the invoice to the date of actual payment at the rate of 5% per annum above the base for the time being fixed by National Westminster Bank PLC. Bramley personnel are authorised to accept cash, a cheque or Home Improvement Loan documents in favour of Bramley Window Systems Ltd. If there is some minor defect in the work, Bramley expects you to rely on its assurance that it will be rectified in accordance with the terms of its guarantee. Your failure to pay the balance at substantial completion would be a breach of this agreement.
- It is to be the sole responsibility of the customer to ascertain whether or not the works to be the subject of this order require planning consent, by-law approval, and/or listed building consent or other consent and to obtain such approval or consent.
- Representative samples are used only to demonstrate a typical window and its composition. Window(s) and door(s) shown in the schedule overleaf will be measured and manufactured in the way considered suitable by the Company and the right is reserved to make appropriate modification.
- The Company guarantees to repair or replace free of charge any defective unit supplied by the Company which within ten years of the contract date proves to be defective due to defective materials, construction or installation by the Company and written notice of such defect is given to the Company within the ten year period with the exception of door, window, furniture and catflaps which are subject to fair wear and tear and the manufacturer’s guarantee. This guarantee does not extend to damage or faults due to accident, misuse or neglect or breakage of glass. This guarantee is given in addition to and not in substitution for all customers rights under the common law statute which are not affected
- In the case of new building works where the Company is unable to complete cosmetic finishing because of third party involvement, the full balance is due on substantial completion of installation, and the Company reserves the right to levy a surcharge for any follow up visits.
- Where white or grey glazing gaskets are used, the customer accepts that water ingress behind the gasket could result in minor discolouration to the gaskets. In this event, the Company cannot be held responsible.
- The Company is not responsible for any failure due to delay in installations caused within limitation by accidents, fires, strikes, lockouts, shortages of labour, shortages of materials or without prejudice to the generality of the foregoing any causes beyond the Company’s reasonable control.
- Where telephone or electrical wires have been passed through drilled existing frames, the Company cannot take responsibility to remove and replace without damage, although we would endeavour to release and replace at customer’s risk. The Company will make good any damage caused in the course of installation to plaster, floor, rendering or brickwork immediately surrounding the window or door installed. The Company cannot guarantee not to damage tiling to reveals and window ledges. Although every care will be taken, the Company cannot be responsible to replace tiling. Subject as aforesaid the Company accepts no liability or responsibility for any loss or damage resulting from structural or other defects in the property at which the installation is done. Without prejudice to the limitations of this paragraph any claim by the purchaser for compensation for damage done by the Company (whether under this paragraph or otherwise) must be made in writing to reach the Company within seven days of such damage occurring in default of which the Company will accept no liability therefore.
- Development by the Company is continuous and the customer will have the benefit of any minor changes the Company may make in the design/specification of its products up to the time of completion of the manufacturing process.
- Save as 15 below, subject to the Company’s formal letter of acceptance this is a binding contract, not subject to cancellation by the customer. If cancellation is requested and agreed by the Company, a fee covering any expenses incurred to the date of cancellation will be payable.
- Where contracts are negotiated away from business premises, if you the customer are unhappy with your contract for any reason it can be cancelled and a refund of the deposit can be obtained by giving notice in writing addressed to the Company received within seven days of the date on which the contract was signed. In the interest of certainty, it is recommended that any cancellation is sent by recorded delivery. Notwithstanding the above where a call is made at the request of the customer for emergency work, then the cooling off period shall not apply.
- Rubbish and rubble will be removed from site on completion of the installation. Any items to remain on site must be shown on the additional detail section overleaf.
- a) All glass is the best available, but glass manufacturers will not guarantee against any minor imperfections and the Company cannot be held responsible for such imperfections.
b) Unless the contract otherwise states, safety glass will be used only in units extending below a height of 800mm from floor level, doors and windows adjacent to doors, in accordance with . . .
c) No guarantee, warranty or other representation is given by the Company concerning the incidence, prevention or elimination of condensation (save between the panes of sealed units) nor have its agents authority to give such representations or warranties. - The delivery date or installation period quoted is that anticipated at the time of the order and will be improved on if at all possible. If the work is not completed within the period stated in the contract, the customer may serve notice on the Company in writing, requiring that the work be completed within such reasonable period as the customer may specify (in general the Company would accept six weeks as being reasonable). If the work is not completed within such extended periods, the customer may cancel the uncompleted work covered by the contract without penalty to himself by the service of a written notice to that effect on the Company. Notwithstanding the foregoing, the Company shall not be liable for any delay in the completion of the work which arises from causes beyond the reasonable control of the Company or any other matter covered in clause 10, and, in the event that time has been made the essence of the contract, time shall not run during a period when delay on that account is operating.
- No variation cancellation or waiver of these conditions shall be valid unless made in writing by an authorised signatory of the Company. Typing/clerical errors or omissions shall be subject to correction.
- These terms set out the entirety of the Company’s liability and save as expressly provided in them all other terms including any implied by statute, common law or otherwise are excluded.
