Conditions Of Sale
A - The customer agrees to purchase and have installed and the company agrees to supply and install the units and materials as specified in the form of order.
B - All Orders are manufactured on a ‘made to measure basis’ and cannot be returned. However this does not affect your legal rights as a consumer in relation to made to measure goods that are faulty.
C - All prices are subject to VAT at the current rate at the point of invoicing. Payment of the total outstanding balance shall be made by the customer, immediately on completion of the installation.
D - All installations are subject to a technical survey in respect of which the customer agrees to allow access to the company surveyor.
E - The company reserves the right to cancel this order in the event that the surveyor is not entirely happy that the company can fulfil its obligations to the customer within the contract price. In this event, any deposit or monies in respect of the contract will be refunded in full by the company.
F - Title in the goods will not transfer until final payment of the contractual price.
G - The customer will arrange to clear the working area of all personal furniture and belongings prior to installation. The customer will not hold the company liable in the event of any damage to property that has not been cleared away unless caused by the company’s negligence. The company will not accept any liability for making good any interior or exterior finishes unless caused by the company’s negligence.
H - The contract price does not include any brickwork or timber which is found to be defective during the installation other than that stated on the contract, where this arises, the problem will be bought to the attention of the customer and will be the subject of a separate quotation.
I - The customer agrees to arrange for the removal of any fixtures or fittings that require specialist knowledge for their removal such as door bells, electrical fittings, radiators, telephone or electrical cables and will not hold the company liable for any consequential damage to the same in the event that they have failed to do so unless caused by the company’s negligence. The customer agrees to co-operate with the company and allow access to the premises for the purpose of carrying out the contractual works.
J - The company reserves the right to make variations in the specification of any products at its discretion and without prior notice to the customer, in keeping with the company policy of continuous development and improvement. If the specification changes materially the customer must be given the opportunity to agree to any change and will be allowed to cancel the contract without penalty.
K - The company acknowledges that they have been shown and understand the design plans and specifications for work and that they are happy for the company to proceed using the same. On conservatory contracts it may be necessary to add or remove tie bars, this will be determined by the conservatory roof manufacturer and will be adhered to by the company.
L - The Company is only able to provide a guarantee in respect to goods that it has manufactured. Any goods supplied by third party Suppliers are subject to the Suppliers guarantee/warranty.
M - Where a contract is negotiated away from business premises, if the customer is unhappy with the contract for any reason, the contract can be cancelled and a full refund of any deposit obtained by giving notice in writing to the company at 39 Melchett Road, Kings Norton, Birmingham, B30 3HP within fourteen days of the date on the contract. Any cancellation notice should by Recorded Delivery.
N - The company does not claim that its products eliminate or even reduce the incidence of condensation in all cases. After installation, condensation may form on glass externally, this is positive proof that heat is being retained inside the building and in no way points to proof of a defective product. After installation condensation may form internally where no condensation has been noted previously – this is because new, air-tight windows trap moisture-laden air which was previously escaping. Again, this is no way points to proof of a defective product.
O - The company will not accept any liability for minor imperfections in glass or small surface scratches on any product resulting from its handling and/or fabrication.
- If an imperfection cannot be seen from a distance of 1m away for Standard glass or profile, and 2m away for Toughened and Laminated glass, in normal daylight (not direct sunlight) with the naked eye it is defined as minor. See our Cleaning & Maintenance Guide for further information.
- Kite marks will be present on Toughened and Laminated glass however they are not required to be present in the same corner within a single unit, they also maybe on different corners on each unit even if they are fitted next to each other, therefore they are not defective and will not require replacements.
- Leaded, coloured lights and bevelled units are all handcrafted, it is expected that minor imperfections will be present, small surface scratches on lead and small bubbles are classified as minor imperfections and do not warrant replacement units
- Flemish obscure patterned glass can have a milky appearance when it is toughened, this is unavoidable and any units displaying this will not be changed.
P - The customer should not rely upon any verbal representation made by any of the company’s representatives, agents or employees prior to the signing of this contract unless the same has been included in writing in this contract.
Q - The 10 year guarantee is only transferable upon sale of the Customers property with the written permission of the Company. Such permission will not be unreasonably withheld but an administration fee for the transfer will have to be paid.
R - Electrical items such as fans etc are guaranteed for a period of 12 months. Wiring will form part of the 10 year guarantee.
S - Brick. The Company cannot guarantee to provide exact matching brickwork, current brick supplies are metric and differ to old imperial brick sizes. Colour matching cannot be guaranteed as bricks age and the colour fades over the years. New bricks will be similar but not an exact match.
T - The Customer accepts that in the event the Company has carried out any plaster work or brickwork in the installation that minor defects are likely due to settlement conditions and will not hold the company liable for the same.
U - General. The Company accepts no liability for damage or deterioration to the product arising out of fair wear and tear. Windows and door handles used regularly will become ‘loose’ with use and is not covered within the guarantee.
V - The Customer accepts that the company cannot be held liable for the condition of existing fittings such as downpipes, stench pipes and manhole covers which have been part of the customer’s premises prior to the commencement of works.
- If the Company have to box in such pipes or cover such manholes for a better appearance it will not be liable in the event that the customer has to have work carried out which requires the removal of the box covering or flooring in the future.
- The company is not responsible for any damages caused to a Finesse installation by issues in the fabric of the existing property; specifically, faulty rendering or a defective roof.
- It is the customer’s responsibility to ensure that any part of the property connected to the company’s product is not defective before any work begins.
W - The Purchaser shall grant the Company’s Representative unrestricted access to the premises at all reasonable times for the purposes of taking measurements, or carrying out the works forming the subject of the Contract and for any subsequent remedial work if required. In some cases the Company may need to site skips, ladders, scaffolds or vehicles on the premises in order to complete its contractual obligations.
X - Subject to the following exclusions the Company undertakes to repair or replace free of charge any units manufactured by it, which prove defection as a result of fault material or workmanship within 10 years from the date of installation. Provided that notice of the defect is given as soon as is reasonably practical. Removal and / or re-positioning of the installation by persons other than the Company’s personnel will invalidate the warranty. The company’s formal written guarantee will be sent to the Purchaser upon receipt of the balance payable on completion. Any repair work carried out or replacement units supplied within the 10 year guarantee period under the terms of the Company’s guarantee will also be covered by the guarantee, but only for the remainder of the guarantee period. In relation to the following exclusions the Purchaser’s attention is drawn to the instruction found on the reverse of the Company’s guarantee. The company accepts no liability in respect of the following.
- Damage or defects caused by rain, storm, sun, snow, hail and pollution.
- Fair wear and tear.
- Damage due to subsidence, underground or mine workings.
- Work carried out by a third party of the customer or such other party acting on the customers instructions without the written consent of the Company.
- Broken glass and broken conservatory roof panels are not included.
- The Company can only guarantee the colour stability of white UPVC products and foiled products only. The Company cannot guarantee that all components in any non-white, non-foiled, products will not fade or discolour over the 10 year period. This is due to the fact that the materials used in the different components may react to pollution and weather conditions such as sun, rain snow and hail. For this reason the Company can only guarantee any discolouration of non-white, non-foiled products for 2 years.
Y - Garage Doors only; Door fabric & mechanisms guaranteed for 10 years. Colour guaranteed not to fade for 2 years, electrical motors guaranteed for 5 years.
Z - Stage Payments. Where a contract is broken down into stage payments the following applies: Deposit = payment made at point of order. Stage 1 = completion of building work. Stage 2 = completion of framework and roof structure including glazing. Balance = completion of all items of work described in contract. Payment must be made as per the structure outlined, The Company reserves the right to stop work at any stage if payment are not received.
Complaints – Where we cannot resolve any complaints using our own complaints procedure, as a Which? Trusted trader we use TGAS (The Glazing Arbitration Scheme) for dispute resolution. In the unlikely event of a complaint arising and you wish to refer the complaint to them please contact Which? Trusted Traders in the first instance on 0117 456 6031.
(as at 27/02/2020*)
*Please note we do keep this page updated, however a Customers signed contract which includes the Conditions of Sale, supersedes any version of the Conditions of Sale available online.