Terms & Conditions

1. Definitions

The Agreement shall consist of the schedule of goods and services detailed in the Quotation, together with these Conditions of Sale and the written payment schedule.

The Customer shall be the person who pays a deposit to the Company in respect of the goods and services detailed in the Quotation. In the event that the Customer is not an individual the person signing the order, or making payment of a deposit, or requesting goods or services from the Company in writing shall be deemed to have the requisite authority to bind the Customer to the agreement and alter or cancel orders on behalf of the Customer,.

The Company shall be The Original Box Sash Windows Company

The Quotation shall be the final version of the written description of Products and/or Goods provided to the Customer by the Company.

The Price shall be the total sum shown in the Quotation.

The Product/Goods shall be the goods and services detailed in the Quotation.

The Warranty shall be the Company’s product warranty as detailed in section 9 of these Conditions of Sale.

2. Order of goods

2.1 By paying a deposit the Customer confirms that:

a) They agree to pay the Price shown for the Product.

b) They agree to the Company’s Conditions of Sale as detailed herein.

c) They have obtained or will obtain any consents or planning permissions necessary for the installation of the Goods

3. Cancellation or variation of orders

3.1 Any order can be cancelled during a 7 day cooling off period, commencing from the date on which the deposit is received by the Company (Day 1) up the end of Day 7. No order which has been accepted by the Company may be cancelled or varied by the Customer unless the Company receives written confirmation within 7 days from the deposit being received, or with the written agreement of the Company and, at the Company’s absolute discretion, on the condition that the Customer shall indemnify the Company in full against any losses, costs, damages, charges and expenses incurred by the Company as a result of the cancellation or variation including loss of profit, labour and materials.

3.2 All orders are provisionally accepted by the company subject to confirmation by survey. The deposit paid for any order rejected by the company will be repaid in full (less any costs incurred by the Company including but not limited to survey and drawing costs) and the company will have no further obligation or liability to the customer.

4. Price

4.1 The Price stated on the Quotation may be increased due to any additional cost to the Company resulting from any factors beyond the control of the Company, including but not limited to increases in labour costs, materials, transportation and currency fluctuations. The Company will inform the Customer of any such increase as soon as is reasonably practicable.

4.2 Parking is excluded from the price. During installation the Company expect you to provide parking space or permits for street parking for our vans, if required. The Company have a standard £30 plus VAT per day charge in the case that permits have not been supplied, which is estimated as an average across London’s boroughs.

5. Payment

5.1 Payment shall be made as agreed in writing between the Company and the Customer. The agreed payment schedule shall automatically form part of this Agreement.

5.2 If the Customer fails to make any payment in accordance with the Agreement then without prejudice to any other right or remedy available to the Company the Company may:

a) Rescind the Agreement or suspend any further deliveries and

b) Charge the Customer interest (both before and after any judgement) on all amounts outstanding at the rate of 3.5% per annum above the base lending rate for the time being enforced by the Bank of England or any other Bank of the Company’s choice and

c) Appropriate any payment made by the Customer to such goods as the Company may in its absolute discretion think fit

5.3 The Company reserves the right to refuse to execute any order if the Customer’s credit standing is not satisfactory to the Company

5.4 The Customer may not withhold payment of any invoice or any other sum due to the Company by reason of set off or counter claim for any reason whatsoever

5.5 If the Agreement states that delivery is to be by instalments, each such instalment shall be deemed to be a separate contract and the terms herein shall apply to each such contract accordingly.

6. Delivery and acceptance

6.1 Where the Customer has placed an order on a “Supply Only” basis the Customer is responsible for providing the necessary labour to unload and stack the goods from the transportation used for delivery.

6.2 Where the Customer has placed an order on a “Supply Only” basis and the Company is to deliver the goods to a designated site or location the Company’s obligation is limited to delivering the goods to a site safe for unloading as near to the designated site as is reasonably practicable.

6.3 If the Customer fails to take delivery of the goods or fails to give the Company adequate delivery instructions in accordance with the terms herein (otherwise and by reason of the Company’s fault) then without prejudice to any other right or remedy available to the Company the Company may:

a) Store the goods until actual delivery is rearranged and charge the Customer for the reasonable cost (including insurance and transport) of storage and/ or

b) Sell the goods at the best price readily obtainable and after deduction of all expenses and costs account to the Customer for any excess over the price or charge the Customer for any shortfall below the price such sums being due in accordance with the terms hereof.

6.4 Unless otherwise agreed in writing, the goods shall be paid for in full prior to delivery.

6.5 Where the Customer has placed an order on a “supply only” basis, the Customer shall be deemed to have accepted the goods if the goods are installed or modified in any way whatsoever.

6.6 Where the Company is contracted to install the Product in an area where building or associated works are being carried out:

a) Acceptance of each individual item shall be carried out immediately upon completion of the individual installation task and no further work shall be carried out until such individual Acceptance has been completed.

b) The Company shall not be held liable for any damage to the Product, howsoever caused, once it has been installed.

6.7 The Company will not be responsible for the removal and/or refitting of curtains, nets, curtain rails or rail fittings, shutters or blinds and similar items. You will be required to remove these items prior to the installation at your expense.

6.8 Any alarms and/or wiring that may be affected by the installation works must be removed prior to the first day of installation and any reconnected after the installation has been completed will be the responsibility of The Customer. The Company will not work at any location where an alarm is installed.

6.9 If scaffolding is required for the installation of the Goods, we will inform you either at the time you sign the Order Form or as soon as practicable following any survey carried out.

6.9.1 The contract for provision of any such scaffolding will be between you and the supplier. Accordingly, you will be directly responsible for any additional cost associated with the access equipment supplied.

7. Product Specifications

7.1 Unless otherwise confirmed in writing by the Company, all Products offered for sale by the Company shall be manufactured as detailed in the relevant product specification document.

7.2 The Company may alter Product specifications without notice as follows:

a) As a result of improvements to Product design, performance or construction.

7.3 Whilst every effort is made to ensure that the appearance of Products meets Customer expectations, the bespoke nature of the Company’s Products means that minor details may vary.

7.4 Whilst every effort is made to ensure paint colours are uniform, and where we may have supplied product previously, that new orders match these products, the Company cannot guarantee this due to pigment variations in different batches of paint supplied to us.

8. Making Good

Making good to aperture reveals is limited to restitutive work required as a direct result of the installation process and is limited to the repair of the surfaces immediately surrounding the installation work, as follows:

a) Internally – to pre-decorative standard.

b) Externally – to sand/cement pointing or silicone seal, as appropriate.

Refinishing work to extended aperture surrounds (e.g. but not limited to internal or external timber, plaster or shingle reveal coverings) is not included within making good.

9. Warranty

The Company warrants that the goods will correspond with the agreed specification at the time of delivery and will be free from defects in material and workmanship as detailed below.

The Warranty is applicable from the date goods are ready for delivery and is subject to the Company’s Conditions of Sale.

The Warranty may be transferred to any third party who assumes ownership of the property

A transferred Warranty shall remain valid for the remainder of its original duration as detailed below.

Where installation takes place whilst building works are in progress at the installation address, the Company shall not be liable for any damage to the Product resulting from detrimental environmental conditions on site, including but not limited to extremes of humidity or temperature, harmful fluids, coatings or other substances, or the activities of other on-site trades.

9.1 Timber Frame & Sash/Casement/Door

9.1.1 The Company guarantee the window/door frames and/or sashes, casements and/or doors against materials defects caused by faulty workmanship or materials for 30 years.

9.1.2 The Guarantee covers the cost of any faulty window frames or parts supplied and installed by us. The Guarantee covers glass unit failure up to a maximum of 10 years. The first 5 years includes both parts and installation. The second 5 years covers parts only.  All locks, handles and ironmongery items carry the Manufacturer’s Warranty only.

9.2 The Guarantee does not cover:

9.2.1 any labour charges or travelling expenses necessary to replace the faulty Part;

9.2.2 any Part supplied during any repairs, overhaul, renovation or part-replacement of any window or door.

9.2.3 natural movement or colour changes in timber, natural emissions of wood resins, wet rot and/or dry rot and/or any effects of rot;

9.2.4 non-standard window furniture, fittings, locks which are not usually supplied by us, but have been purchased by us at your specific request;

9.2.5 non-standard or like-for-like units;

9.2.6 tarnishing of brass or other metal finishes;

9.2.7 any draught-proofing, painting, coating or sealant;

9.2.8 condensation, unless it occurs within a sealed glass unit.

9.2.9 any natural and/or varnish finishes

9.3 The Guarantee shall not be binding upon us unless:

9.3.1 you notify us in writing within 6 weeks of the defect(s) occurring;

9.3.2 we have received the Total Cash Price as set out in The Order Schedule;

9.3.3 our manufacturing surveyors, workmen, agents or servants are allowed access to the

delivery and/or installation premises at all reasonable times;

9.3.4 you regularly clean and maintain the Goods where reasonably necessary;

9.3.5 you make applications of preservative paint and/or filler to all timber at periods of sufficient regularity to ensure good maintenance and weather protection;

9.3.6 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;

9.3.7 you do not use any part of the Goods or replacement Part that has not been supplied by us or on our behalf.

9.4 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)

9.4.1 where any Part or component is no longer available or is out of manufacture;

9.4.2 for the loss of use of any of the Goods while works of repair or replacement are being

carried out pursuant to the Guarantee;

9.4.3 by reason of the non-attendance of our employees or agents at your premises that is

caused by circumstances outside our control;

9.4.4 by reason of you or your agents attendance at your premises while works of repair or

replacement are being carried out pursuant to the Guarantee.

9.5 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.

9.6 The Guarantee is an addition to your statutory rights under Consumer Rights Act 2015.

9.7 Ironmongery

The Company warrants that ironmongery items are free from functional failure for a period of two (2) years. Surface finishes for handles and catches are not covered by this warranty.

9.8 Surface Treatment

The Company warrants that standard three coat opaque finished joinery is free from cracking, flaking or blistering (excluding natural resin exudation and movement around knots) for a period of three (3) years. Maintenance inspections and cleaning must be undertaken by the Customer in accordance with the Company’s published guide to Maintenance.

9.9 Sash Window Spring Balances, Weights and Pulleys

The Company warrants that spring balance mechanisms, weights and pulleys will be free from functional failure for a period of ten (10) years. If a failure occurs then the Company’s obligations hereunder are limited to supplying the replacement item and do not include the cost of installation.

Double Glazed Unit

The Company warrants that glass will comply with Glass and Glazing Federation visual quality standards. The Company warrants that seals on double glazed units will be free from failure (here “failure” meaning failure of the insulation unit resulting in penetration of moisture into the gas space and appearance of moisture on the glass inside the gas space) for a period of ten (10) years. If failure occurs in the first five years the Company will be responsible for the supply and installation of the replacement unit. If the failure occurs in the second five years the Company’s obligations hereunder are limited to supplying the replacement unit. No other glass defect or phenomena are covered by this warranty.

Silicone Seals

The company warrants that silicone seals will be free from failure (here “failure” meaning the failure of the silicone seal to prevent the ingress of water) for a period of two (2) years.

Front Entrance Doors

The Company warrants that all Front Doorsets are free from workmanship or material defects that would affect performance for a period of five (5) years

Stained and Leaded Glass

The Company does not warrant the thermal, weathertight or acoustic performance of authentic stained or leaded glass items.

Claim Procedure, Validation & Warranty Transfer

To make a claim under the Warranty, or to effect the transfer of the Warranty to a third party, the Customer must contact the Company’s Registered Office in writing at the following address:

The Original Box Sash Windows Company, 89-90 High Street, Eton, Berks, SL4 6AF

If necessary it rests with the Customer to substantiate the date of delivery and provide proof of purchase.

10. Liability

10.1 The Company shall have no liability in respect of any defect in the goods arising from:

a) Any drawing, design or specification supplied by the Customer contrary to the Company’s advice.

b) Fair wear and tear, wilful damage, negligence including storage in adverse conditions, abnormal working conditions, misuse or alteration of the goods.

c) Failure to follow the Company’s written instructions contained or referred to in any brochure, catalogue or specification issued by the Company in relation to the goods .

10.2 The Company shall not be held liable for any existing structural defect to the Customer’s property, or for any damage resulting from an existing structural defect which becomes apparent at the time of installation e.g. blown plaster or loose brickwork.

10.3 The Company will make every effort to minimise the disruption resulting from the removal of existing windows and doors or the fitting of its Products, which may include but is not limited to dust, water egress, stains or other marks to decor. The Company shall have no liability whatsoever in respect of damage to the Customer’s property or contents resulting directly or indirectly from removal or fitting works.

10.4 The Company shall have no liability in respect of loss or damage resulting directly or indirectly from the Company’s inability to fulfil its obligations under this Agreement, where such inability is caused either directly or indirectly by events outside the Company’s control, including but not limited to severe weather or other natural disaster, acts of terrorism, strikes or the negligence of third parties.

10.5 Any dates and times quoted for delivery of the goods are approximate only and the Company shall not be liable for any delay in delivery however caused. Time for delivery shall not be of the essence unless previously agreed by the Company in writing.

10.6 Where any valid claim in respect of any goods which is based on any defect in the quality or condition of the goods or their failure to meet specification is notified to the Company in accordance with the terms herein the Company shall be entitled to replace the goods free of charge or at the Company’s absolute discretion refund to the Customer the price (or a proportionate part thereof if applicable) but the Company shall have no further liability to the Customer

10.7 Where the Product is supplied for use within, or is to be fitted by the Company within a building under constraint (including but not limited to Listing or Article 4 Conservation Area Directive), it is the Customer’s responsibility to secure such permissions as may be required in order for installation to be lawfully carried out. The Company shall have no liability whatsoever for costs incurred directly or indirectly as a result of failure by the Customer to secure appropriate permissions prior to placing an order with the Company.

10.7 For the avoidance of doubt, the Company shall not be liable for any indirect losses to the Customer howsoever caused.

10.8 In any event the Company’s total liability to the Customer under this Agreement shall not exceed the Price.

11. Exclusions

The Product Warranty shall be void where:

11.1 Damage has occurred as a consequence of any circumstances outside the Company’s reasonable control, including but not limited to accident, fire, disaster, burglary, careless handling, abrasion (eg window cleaners ladders), pet damage, chemical damage, poor maintenance or poor design of the building.

11.2 Where non-standard paint finishes were ordered by the Customer

11.3 Damage has occurred as a result of faulty installation by a third party, repairs, alterations or work processes or pollution from the surrounding area.

11.4 Damage has occurred as a result of excessive cleaning processes or hosing down of product.

11.5 Products have been stored prior to fitting in inappropriate areas, including but not limited to damp or unventilated areas, or areas which have been unventilated during the construction process.

11.6 Products have been used in swimming pool enclosures.
11.7 Where surface wear has gradually been caused by natural elements.

11.8 Where products have been exposed to unusual physical conditions.

11.9 Where cill projections exceed 85mm.
11.10 Where any sums remain due to the Company.

PROVIDED ALWAYS all warranties are subject to environmental conditions of the site, location and adherence to the care and maintenance procedures stated in the Company’s Guide to Installation and Maintenance provided to you.

12. Agreements and Declaration

12.1 This Agreement shall be governed by and construed in all respects in accordance with the Laws of England and each party hereby submits to the exclusive jurisdiction of the English Courts.

12.2 All terms, conditions and warranties (whether implied or made expressly, whether by the Company or its servants or agents or otherwise) relating to the quality and/ or fitness for purpose of the goods or any of the goods and any services provided (other than those expressed in the terms, conditions and warranties set out in this Agreement) are excluded to the maximum extent permitted by law.

12.3 In the event that one clause or part of a clause is deemed by a Court of competent jurisdiction to be unenforceable or void then that shall not affect the enforceability of the remainder of the document.

12.4 The Company’s employees or agents are not authorised to make any representations concerning the goods unless confirmed in writing by the Company. In entering into this Agreement the Customer acknowledges that they do not rely on and waives any claim for breach of any such representations that are not so confirmed.

12.5 This Agreement forms the entire agreement between the parties.

b) As required by changes to relevant legislation.

 

Glossary

Complete Window – 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 soffit.

New Sashes – 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 sub-frame).

Sashslide –  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.

Sashsave – 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.

Wide Glaze/Bars – 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.

Narrow Glaze/Bars – 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.

Casement – 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.

Classic –  a Casement using modern metal friction hinges which slide to swing any opening leaf / leaves sideways or upwards.

Storm Proof –  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.

Traditional – 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.

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.

the Parts – the sealed glass units, timber and standard locks pulleys handles fittings and springs manufactured and supplied by us which are covered by the Guarantee;