These Terms and Conditions explain your rights, obligations and responsibilities and those of The Box Sash Window Company Ltd. A contract is a two-way arrangement and it is important that everyone knows where they stand. It is important, therefore, for you to read these Terms and Conditions carefully. Where we use the word ‘you’, it means you the customer or your assignees; ‘we’ or ‘us’ means The Box Sash Window Company Ltd. Our registered office is 2 Victoria House, South Street, Farnham GU97QU. ‘The Order Schedule’ means the document which you sign to indicate that you agree to enter into a contract with us for the Goods specified in The Order Schedule subject to these Terms and Conditions (‘the contract’).
1. WORDS OR TRADING NAMES
The words or trading names which we use to describe our Goods are as follows:
1.1 ‘the Goods’ means the windows, doors, units, goods, materials and works to be supplied by us to
you as specified in The Order Schedule.
1.2 a ‘Complete Window’ means a window that comprises both a frame (or sub-frame) and sashes or
leaves made to fit each other without inclusion of any window board (interior cill) or any reveal or
1.3 ‘New Sashes’ means sashes or leaves for fitting directly into your existing frame (or sub-frame).
The working capability of the result will be dependent upon the condition of your existing frame (or
1.4 ‘Sashslide’ means (i) the attachment to the existing window or door of strips made of timber
and/or U.P.V.C. and/ or metal that incorporate a method of resistance to the passage of air through
the window and door; and (ii) ensuring that the window opens and closes properly. In the event
that the window was originally designed and constructed to slide then Sashslide will include
replacing the cords with new cords and adjusting the existing weights to counterbalance properly.
Sashslide does not include any renovation to the timber of the window.
1.5 ‘Sashsave’ means Sashslide plus treating rotten timber, renewing broken glass and filling missing
putty on the same window. Cutting out existing timber is at the discretion of our site operative who
undertakes the Sashsave and the performance of new timber is reliant upon the existing timber to
which it abuts. New timber and bare existing timber will be primed only. Sashsave does not mean
a full repainting job or any top coat paint application.
1.6 ‘Wide Glaze/Bars’ means glazing bars constructed in timber that pass from the outside through the inside of the window and support a sheet of glass or glass sealed units. These bars may have
dimensions and/or moulding different to the original or existing window.
1.7 ‘Narrow Glaze/Bars’ means glazing bars constructed in timber with a sheet of glass or glass sealed unit separating the bars on the outside of the window from the bars on the inside of the window and these bars being bonded onto the glass on each side. These bars may have dimensions
and/or moulding different to the original or existing window.
1.8 a ‘Casement’ means a hinged window, or a part fixed/part hinged window or a fixed window of the same profile as a hinged window, with any opening leaf/leaves using outward opening hinges, swinging the leaf/leaves sideways or upwards.
1.9 a ‘Classic’ means a Casement using modern metal friction hinges which slide to swing any
opening leaf / leaves sideways or upwards.
1.10 ‘Storm Proof’ means a Casement in which a flange around the frame holding the glazing overlaps externally over the frame (or sub-frame) to effect storm proof performance.
1.11‘Traditional’ means a Casement in which the leaves holding the glazing are set flush (or set inside
the flush line) to the frame (or sub-frame). If the leaves open, this will be effected by utilising
traditional butt hinges, and secured by peg and peg stay when open.
1.12 Windows which incorporate sealed glass units (sealed unit double glazing) and/or incorporate
Narrow Glaze/Bars cannot be Like-for-Like. Like-for-Like does not comply with the current British
Standard and Building Control.
1.13 ‘the Parts’ are the sealed glass units, timber and standard locks pulleys handles fittings and springs manufactured and supplied by us which are covered by the Guarantee;
1.14 ‘soffit’ means an attachment to the underside of a part of a building or structural component, such as an arch, beam or stair;
1.15 ‘reveals’ means the vertical side of an opening in a wall, including the side of a window;
1.16 ‘flange’ means a raised or projected part of a building;
1.17 ‘trade customer’ means a company or person who enters into the Contract in the course of, for the purposes of or in connection with his or her business.
2. MAKING THE CONTRACT
2.1 You are entitled to place an order for the Goods specified in any written estimate or quotation at
the price shown in the estimate or quotation within 28 days of the date shown on it.
2.2 The Contract will be formed when you sign The Order Schedule. These Terms and Conditions
form part of the terms of the Contract. Once you have signed The Order Schedule both we and
you will be bound by The Order Schedule and by these Terms and Conditions.
2.3 If one of our salesmen, surveyors or other employees tells you something before signing The
Order Schedule that you want to form part of the Contract, you must request that the matter is
recorded in writing and signed by us or you otherwise it will not form part of the Contract and we
will not be responsible for what was said to you. This is because they do not have permission or
authority to change these Terms and Conditions.
3.1 Once you have signed The Order Schedule you are bound by the Contract and you cannot cancel
the Contract unless one of our Directors agrees in writing. This does not affect your entitlement to
cancel the Contract at law if we commit a serious breach of contract.
3.2 The terms of the Contract as set out in The Order Schedule and these Terms and Conditions can
only be varied in writing signed by one of our Directors and by you.
3.3 Once you have signed The Order Schedule you may ask us to change your order or the
specification of the goods you have ordered. If we agree to the changes you request we will send
you a revised estimate/quotation, which may include a change in the price. If the revised estimate/quotation is acceptable to you, you should sign and return the revised estimate/quotation.
If the revised estimate/quotation is not acceptable to you, you will still be bound by the original
3.4 Minor deviations by us shall not constitute a breach of the Contract on our part. If the part or
material to be supplied or used is not available we reserve the right to substitute the nearest
alternative without notice. If the substitute will materially change the appearance of the Goods, we
shall notify you and obtain your consent before making the substitution. If you do not consent to
the substitution, the Contract will come to an end and we shall refund to you all monies that you
have paid us under the Contract.
3.5 The company is aware of the Consumer Rights Act 2015. In the event that this contract is made
for standard size products, then you have a 14 day period after signing the contract in which to
cancel it in writing without incurring a penalty. For bespoke products cancellation will require
payment. In the unlikely event of an unresolved dispute, it will be passed to the Dispute Resolution
4.1 The price of the Goods which you have ordered is shown on The Order Schedule.
4.2 Unless otherwise stated on The Order Schedule, the prices shown take into account any discount,
conditional credit note, or offers which we have agreed with you. You shall not be entitled to a
reduction of the price if we subsequently make any promotional offer.
5. TERMS OF PAYMENT
5.1 The “Cash Price”, “Total Price”, “First Instalment”, “Second Instalment” and “Balance due on
delivery(COD)” are set out in the Order Schedule.
5.2 To earn the rebate set out in the Order Schedule, you must pay in full the relevant sums set out in
the Order Schedule on the dates shown in the Order Schedule. Furthermore, if you are more than:
5.2.1, 14 days late in making any of the payments we shall be entitled to charge you interest on any late payment at the rate of 3% above the base lending rate of National Westminster Bank plc (to assist with the interest we have to pay on our bank borrowings); and
5.2.2, 28 days late in making any of the payments we shall be entitled to cancel the Contract and (subject to clause 5.4) you will have to pay the Total Price, less any payments you have already made.
5.3 You must immediately pay the whole of the Total Price, less any payments you have already
made, if you cancel the Contract without the written consent of one of our Directors (subject to
5.4 If the Contract is cancelled under paragraph 5.2.2 or 5.3 above
5.4.1 we shall take reasonable steps to sell the Goods to someone else. If the Goods were made to your order, it is not always possible to sell the Goods to anyone else. If we are able to do so, and save money by not having to produce the Goods for them, we shall pay to you the amount of the money that we save.
5.4.2 In the event that installation (if specified in the Order Schedule) has not commenced we undertake to mitigate as far as possible the on-site installation costs, and any reduction in those costs will be deducted from the Total Price.
5.4.3 In the event that the delivery has been made or the installation has commenced then the Price is due from you.
5.5 Any payments that you:
5.5.1 make by cheque or bill of exchange payment will take place once the cheque or bill of exchange has cleared;
5.5.2 send by post are sent at your own risk. We suggest that you do not send cash in the post.
5.6 This Sub-Condition only applies if you are a company. If you suffer distress or execution against
your property, go into liquidation, have a petition presented for your winding-up or you pass a
resolution for voluntary winding-up (otherwise than for the purposes of a bona fide amalgamation
or reconstruction) or you compound or make a voluntary arrangement with your creditors or you
have a Administrator or Receiver or Administrative Receiver appointed over all or any part of your
assets (or you carry out or suffer a similar act or event under foreign law) or you commit a
material or serious breach of the Contract(which you fail to remedy within 7 days of us telling you
to remedy it) you will be deemed to have repudiated the Contract.
5.7 This Sub-Condition applies if you are an individual or individuals. If you or, if there is more than
one of you, one or more of you, are made bankrupt or a Petition for your bankruptcy is presented
or you enter into an Individual Voluntary Arrangement or any other composition or scheme of
arrangement with your creditors (or you carry out or suffer a similar act or event under foreign law) or you commit a material or serious breach of the Contract other than failure to make payments by the dates shown in the Order Schedule (which you fail to remedy within 7 days of us telling you to remedy it) you will be deemed to have repudiated the Contract.
5.8 If you are a company or a trade customer, we reserve the right at any time at our discretion to
demand security for payment before continuing with the manufacture, delivery or installation of
5.9 This Sub-Condition 5.9 applies if it is specifically stated on the Order Schedule that the Contract is
subject to you being provided with loan finance for all or part of the Full Price:
5.9.1 You agree to use your best endeavours to obtain the necessary loan finance (“the Loan Finance”) and to co-operate with us and provide such information to us as we may request in connection with applications to obtain the Loan Finance.
5.9.2 If all the applications which are made by you or on your behalf are refused in writing and you have tried to obtain the Loan Finance from all the reasonable sources which offer such finance on the prevailing commercial terms, you shall (despite what is said in Condition 6) be entitled to cancel the Contract without further liability and we will refund any Instalment or Instalments paid by you.
5.9.3 Any dates or times which apply to the Contract, whether in the Order Schedule or otherwise, will only commence on the date when you are granted the Loan Finance.
5.9.4. If you are a company or a trade customer and the Loan Finance for the Contract is offered to you but you refuse or subsequently cancel it then the Contract will become an ordinary cash Contract and the Terms and Conditions which apply to an ordinary cash sale will apply.
6.1 Unless we specifically agree in writing, dates for delivery (or delivery and installation) of the Goods that are set out in The Order Schedule, we will deliver (or deliver and install) them within a
reasonable time after:
6.1.1 You have paid the instalment/s in full; and
6.1.2 We have received your written answers to any questions we may have following the second fitting (when detailed measurements are taken and the specification is confirmed).
6.2 The length of time that is reasonable under Condition 6.1 will depend upon all the circumstances,
including the nature and conduct of the works being carried out at the premises. You will not be
entitled to cancel the Contract or claim compensation if we do not meet these guideline dates, you
will only be entitled to bring the Contract to an end at law for failure to deliver or install if we do not
deliver or deliver and install the Goods within a reasonable time under Condition 6.1.
6.3 Where installation of the Goods is specified in The Order Schedule:
6.3.1 we will take reasonable care when removing existing windows and doors but we shall not be liable for any damage caused to existing plaster, decorations and finishes (whether internal or external) or to the structure of the building unless it is caused by the lack of reasonable care. Some damage to existing plaster, decorations and finishes is inevitable in the installation of new windows and doors;
6.3.2 we will make good any plaster or rendering in the area immediately surrounding the Goods but this shall be limited to bonding plaster or rendering. The application of the finishing or skim plaster coat and redecoration will be your responsibility;
6.3.3 unless stipulated in The Order Schedule all removed material will be treated as scrap of no value
6.4 You are responsible for obtaining and promise to us that you have obtained or will obtain any
consents or planning permissions necessary for the Goods. If you fail to obtain the necessary
consents or planning permissions we shall be entitled to terminate the Contract and you will pay to
us any reasonable loss we may suffer as a result.
6.5 The number and size of any opening vents in the Goods (whether for internal or external use) is
as specified on The Order Schedule. We do not accept any responsibility for the breach of any
covenant or bye-law covering the premises that the vents might cause.
6.6 We will not be responsible for the removal and/or refitting of curtains, nets, rail fittings and similar items. You will be required to remove these items prior to the installation at your expense.
7. RISK AND OWNERSHIP OF THE GOODS
7.1 The Goods will be at your ‘risk’ immediately on delivery. This means that you are responsible
should they be lost, stolen or damaged after delivery and so we suggest that you ensure that they
are covered by a suitable insurance policy to cover loss and accidental damage.
7.2 Ownership of the Goods will only pass to you once you have paid in full for them. This means that we will continue to own the Goods until you have paid in full for them.
7.3 Until you have paid in full for the Goods, you should ensure that you store the Goods in such a
way as enables them to be identified as our Goods and you must return the Goods to us or allow
us to collect the Goods if we ask.
7.4 If you have made part-payment for the Goods, you shall be deemed to have paid in full for the
Goods only if you return or we collect some of the Goods and sell them to receive money to pay
the balance owed by you. If we receive more money that you owe to us, we shall pay that extra money to you after deducting any expenses incurred in collecting, insuring, storing and selling the
7.5 To enable us to collect the Goods, you agree to allow us to enter your property.
8. STOPPING DELIVERY
8.1 Until ownership of the Goods passes to you, we have the right to withhold delivery if any of the
circumstances mentioned in Conditions 5.7 or 5.8 apply.
9.1 The specifications of the Goods shall be those set out in The Order Schedule and these Terms
and Conditions unless other specifications are agreed in writing.
9.2 All glass supplied will be flat transparent unless specified otherwise in The Order Schedule. Flat
transparent glass is never perfect; it may include and shall be deemed acceptable if the following
are neither obtrusive nor bunched; totally enclosed seeds, bubbles or blisters, hair lines or blobs,
fine scratches not more than 25mm long and minute embedded particles.
9.3 Obtrusiveness of blemishes in glass shall be judged by:
9.3.1 looking through the pane of glass and focusing on an object on the other side, and not by looking at the glass itself;
9.3.2 viewing panes of glass from inside the room, standing at a distance of not less than 3 metres, in natural daylight and not in direct sunlight. The area to be viewed is the normal vision area with the exception of a 50mm wide band around the perimeter of the unit.
9.4 Any sealed glass unit supplied will be hermetically sealed in the factory within British Standards
and the thickness of such units and glass will be at our discretion.
9.5 Flat transparent glass used in the manufacture of sealed units is identical to that used for single
glass and is of similar quality.
9.6 Where aluminium is applied it will comply with the relevant prevailing British Standards. In the
event of aluminium being supplied for exterior use without a protective coating it will be anodised
to an average minimum of 22 microns. We do not accept any responsibility for any chemical action
where aluminium is not installed into a timber sub-frame.
9.7 Unless otherwise expressly stipulated in The Order Schedule:
9.7.1 all existing sub-frames, cills, window boards, soffits, architraves and similar will be left in place and re-used;
9.7.2 we will fit new windows or doors into the existing apertures. Goods with square corners will be constructed using right-angled corners, and where your existing sub-frames or surrounds are not square, we shall use filler or sealant to fill the gaps and/or cut back or pack out the existing sub-frames or surrounds;
9.7.3 We do not paint the customer’s own timber or decorate walls, any new timber will be of standard good quality, which will be either coated with preservative or primed only. It will be your responsibility to make further application of water-based preservative or water-based primer, varnish, paint and filler at periods of sufficient regularity to ensure good maintenance of the timber;
9.7.4 all or any parts or the whole of the chassis, beads, cills, window boards, soffits, panels, architraves and similar may be of medium density fibreboard (MDF) and/or plastic (UPVC) and or plywood (WPB)and/or metal. Adjoining parts may be butt jointed and not tongued and grooved.
9.8 You agree that the Goods may be constructed within tolerances applicable to standard practice
carpentry and site joinery. You also agree that there is no guarantee regarding matching of grains
and/or colours of natural and/or finished timbers whether painted, bare or varnished.
9.9 In the event that you request any of the Goods to be in whole or in part oversize and/or overweight according to the manufacturer’s recommendations then neither our nor the manufacturer’s guarantee will apply to those specific items.
9.10 We do not undertake or represent that the Goods will reduce external noise and or will reduce
condensation. We rely upon the technical information issued by the glass manufacturers.
9.11 If any burglar alarm, lock, blind, fan or other device (‘the Items’) used in conjunction with the
Goods are to be installed by us as specified in The Order Schedule then our obligation is limited to
installation of the Items in accordance with the manufacturers instructions. Please note that:
9.11.1 we obtain and fit the Items as your agent and our liability is limited to the cost of the installation only;
9.11.2 we do not accept any responsibility whatsoever for the performance of the Items (whether or not they are included in The Order Schedule) and we will not be liable for any loss or damage you may suffer by the performance or non-performance of the Items. For servicing, adjustments, repairs, guarantees or any other query relating to the Items you must contact and deal with the manufacturer or distributor(other than us);
9.12 We will supply any or all glazing bars in a width (as viewed at right angles to the glass) sufficient in our opinion properly to support glass or sealed glass units and such width may differ from the
width of glazing bars contained in the existing or original window. Narrow Glaze/Bars are bonded
onto the glass and do not pass through the glass. We will determine the size and format of all
9.13 If you request your products to be painted in a specific colour of your choice. (i.e.not our standard white), you must specify the brand and paint colour reference in writing to us. We will create an exterior quality paint to match your specified colour as close as possible. We are not responsible for any ‘perceived’ colour differences to your specified colour. Different types of paint can appear different when painted on different materials.
9.14 When we supply and install the Goods, we shall not be obliged to counterbalance sliding sashes,
and if we provide new timber or new glass to be fitted into a sliding sash, it may be reasonably
necessary for us to amend counter weights which may then restrict or impede movement of the
10. LIFETIME PARTS GUARANTEE
10.1 We guarantee the window frames against materials defects caused by faulty workmanship or materials for the duration of your lifetime (‘the Guarantee’).
10.2 The Guarantee covers the cost of any faulty window frames or parts supplied and installed by us as part of a window complete with sub-frame (or box-frame). The Guarantee covers glass units up to a maximum of 10 years from the date of installation.
10.2.1 First 5 years parts and labour coverage
10.2.2 Second 5 years covering parts only, the cost to replace them (labour charges) being borne by you.
10.3 The Guarantee does not cover:
10.3.1 any labour charges or travelling expenses necessary to replace the faulty Part;
10.3.2 any Part supplied during any repairs, overhaul, renovation or part-replacement of any
window or door.
10.3.3 natural movement or colour changes in timber, natural emissions of wood resins, wet rot and/or dry rot and/or any effects of rot;
10.3.4 non-standard window furniture, fittings, locks which are not usually supplied by us, but have been purchased by us at your specific request;
10.3.5 non-standard or like-for-like units;
10.3.6 tarnishing of brass or other metal finishes;
10.3.7 any draught-proofing, painting, coating or sealant;
10.3.8 condensation, unless it occurs within a sealed glass unit.
10.3.9 any natural and/or varnish finishes
10.4 The Guarantee shall not be binding upon us unless:
10.4.1 you notify us in writing within 6 weeks of the defect(s) occurring;
10.4.2 we have received the Total Cash Price as set out in The Order Schedule;
10.4.3 our second fitting surveyors, workmen, agents or servants are allowed access to the
delivery and/or installation premises at all reasonable times;
10.4.4 you regularly clean and maintain the Goods where reasonably necessary;
10.4.5 you make applications of preservative paint and/or filler to all timber at periods of sufficient regularity to ensure good maintenance and weather protection;
10.4.6 you do not permit any person or persons other than those approved or authorised by us to replace any part of the Goods, to attempt to repair, maintain or adjust the Goods;
10.4.7 you do not use any part of the Goods or replacement Part that has not been supplied by us or on our behalf.
10.5 We shall not be liable for any costs incurred, loss or damage or consequential damage (including but not limited to loss of profits and loss of earnings)
10.5.1 where any Part or component is no longer available or is out of manufacture;
10.5.2 for the loss of use of any of the Goods while works of repair or replacement are being
carried out pursuant to the Guarantee;
10.5.3 by reason of the non-attendance of our employees or agents at your premises that is
caused by circumstances outside our control;
10.5.4 by reason of your or your agents attendance at your premises while works of repair or
replacement are being carried out pursuant to the Guarantee.
10.6 All materials manufactured by others are expressly excluded from the Guarantee but are covered by the Guarantee provided by each respective manufacturer and such guarantees are assigned by us to you.
10.7 The Guarantee may be assigned by you to a subsequent owner of the property where the Goods are installed.
10.8 The Guarantee is an addition to your statutory rights under Consumer Rights Act 2015.
11.1 We shall not be liable to you for any loss and damage you may suffer if we breach these Terms
and Conditions of the Contract. This does not mean that we may not be liable to you for the
breach of any term implied into the Contract by statute and you are advised to seek legal advice to
assist you in determining whether we may be liable to you. You may obtain free or inexpensive
legal advice from a number of sources, including a solicitor or a Citizen Advice Bureau.
11.2 If we are liable to you for any breach of the Contract or pursuant to the Guarantee our negligence or otherwise, the limit of our liability shall be £1,000,000.
11.3 Conditions 11.1 and 11.2 do not apply to claims made in respect of personal injuries or death
resulting from our negligence.
11.4 We do not accept any liability or responsibility for any defects in the Goods which arise from any defects in any drawings, data, formulae, specifications and methods supplied to us by you and
upon which we rely in the production, manufacture, adaptation or installation of the Goods.
12. UNFORESEEN CIRCUMSTANCES
12.1 We shall not be responsible for any failure to manufacture or deliver the Goods that is caused by circumstances outside our control. These may include (but not limited to), acts of God, war, riot,
explosion, abnormal weather conditions, fire, flood, lock-outs, local, national or international
government action or regulations (UK or otherwise), delay by suppliers, accidents and loss of
12.2 If we are prevented from manufacturing or delivering the Goods as a result of any circumstances beyond our control we will let you know as soon as practicable after discovering it.
12.3 If the circumstances preventing manufacture or delivery are still continuing 6 months after we have notified you pursuant to Condition 12.2, then we or you shall be entitled to cancel the Contract by giving written notice to the other.
12.4 If the Contract is cancelled under Condition 12.3 we shall refund to you all monies that you have
paid us under the Contract but we will not be liable to you for any further loss or damage caused
by the failure to manufacture or deliver the Goods.
12.5 If during our measuring and inspection prior to delivery, we ascertain that unforeseen extra work and/or extra materials which are not included in The Order Schedule are reasonably necessary in order to complete the Contract, then we have 28 days after becoming aware of the need to inform
you of the cost of these extras. If you decline to accept these extra costs then we or you shall be
entitled to cancel the Contract by given written notice to the other.
Preliminary designs, drawings, and proposals supplied by us to you whether before or after the making of the Contract are for your general information and guidance only and nothing in such literature or documents shall constitute a representation or promise by us to you unless the matter or matters are specified in The Order Schedule or otherwise specified in writing signed by you and one of our Directors.
Any notice to be served by either us or you on the other shall be in writing and sent to the last known address of the recipient or to such other address as the recipient may designate by notice given in accordance with the provisions of this Condition. Any such notice may be delivered personally or by first-class pre-paid letter, telex or facsimile transmission and shall be deemed to have been effectively served if by hand when delivered, if by first-class post 48 hours after posting and if by telex or facsimile when dispatched.
15. PROPER LAW AND JURISDICTION
The Contract is governed by English law (including the law of conflicts) and all disputes arising in
connection with the Contract shall be submitted to the jurisdiction of the English courts.
We reserve the right to take photographs and/or drawings of our work at your property both before and after the delivery and/or installation of the Goods and to use your name and address as reference if marketing to your neighbours. We will not make known your location address in broader marketing.
17. HEADINGS AND INTERPRETATION
17.1 The headings in these Terms and Conditions are for convenience only and shall have no effect on the interpretation of them.
17.2 If more than one person enters into the Contract your contractual obligations are ‘joint and several’ which means that you both promise to perform the terms of the Contract and you can both
(individually or together) be held responsible for the performance of the Contract.
17.3 Words importing the singular number include the plural number and vice versa if the context so
requires, both within the Definitions and the Terms and Conditions above.
Tell us what you are looking for, we will assess your needs, talk you through the options and provide you with an honest, clear quotation for your new sash windows.
One of our team will be in touch as soon as possible. For all enquiries please don’t hesitate to give us a call on 01753 858196 or firstname.lastname@example.org