9.1 Subject to the conditions set out below the supplier guarantees that the goods and services will correspond with the specification as stated in the suppliers survey sheet.
The secondary units shall be guaranteed for a period of 10 years, providing the maintenance procedures are adhered to. This time span shall include all parts and components including fixings. Sealants and seals used in the units’ installation shall be subject to a 10 year guarantee. Any products provided on a supply only basis are only covered by a 1 year guarantee. This also applies to commercial (non domestic) installations, which again only carry a 1 year warranty.
Glass breakages will not be honoured if a secondary glazed unit has been installed for longer than 30 days. The powder coat finish on aluminium may eventually fade.
This guarantee is in addition to and shall not affect the customers statutory rights.
9.2 The above guarantee is given by the supplier subject to the following conditions.
9.21 The supplier shall be under no liability in respect of any defect in the goods arising from any drawing, design or specification supplied by the customer.
9.22 The supplier shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the suppliers instructions (whether oral or in writing), misuse or alteration or repair of the goods without the suppliers approval.
9.23 The supplier shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price of the goods has not been paid by the date for payment.
9.3 Subject as expressly provided in these conditions, all warranties, conditions or other terms implied by statute or common law in relation to the goods or services are excluded to the fullest permitted by the law. Guarantees are not transferable to any further party ,only to the contracted customer.
9.4 In the event of any dispute the maximum compensation the company will consider for any contract or installation is 1 % of the order value.
10 INSOLVENCY OF CUSTOMER
10.1 This condition applies if the customer makes any voluntary arrangement with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction of a solvent company) or an encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the customer or the customer ceases or threatens to cease to carry on business or the supplier reasonably apprehends that any of the events mentioned above is about to occur in relation to the customer and notifies the customer accordingly.
10.2 If this condition 10.1 applies then, without prejudice to any other right or remedy available to the supplier, the supplier shall be entitled to cancel the contract or suspend any further deliveries under the contract without any liability to the customer, and if the goods or services have been supplied but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
11 MINOR IMPERFECTIONS
The supplier does not warrant that the glass used will be free from minor imperfections resulting from the process of manufacture.
Whilst patios, windows and doors when fitted with “sealed unit” double glass will normally reduce condensation they will not do so in all circumstances. For this reason the supplier does not warrant that the installation will necessarily reduce or eliminate condensation.
All drawings, photographs, illustrations, specifications, performance data, and the like, whether contained in the contract or made by way of representation have been provided by the supplier in the belief that they are as accurate as reasonably possible, but they do not constitute a description of the goods, shall not be taken to be representations made by the supplier and are not warranted to be accurate.
14 FORCE MAJEURE
14.1 The supplier shall not be liable to the customer or be deemed to be in breach of the contract by reason of any delay in performing , or any failure to perform, any of the suppliers obligations in relation to the goods or services, if the delay or failure was due to any cause beyond the suppliers reasonable control.
14.2 If the supplier fails to perform the contract for any reason other than any cause beyond the suppliers reasonable control or the customers fault, and the supplier is accordingly liable to the customer, the suppliers liability shall be limited to the excess (if any) of the cost to the customer (in the cheapest available market) of similar goods or services to replace those not delivered or not performed over the price of the goods or (as the case may be) the services.
15.1 The supplier may licence or sub-contract all or any part of its rights and obligations under the contract.
15.2 No waiver by the supplier of any breach of the contract by the customer shall be considered as a waiver of any subsequent breach of the same or any other provision.
15.3 If any provision of these conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provision of these conditions and the remainder of the provision in question shall not be affected thereby.
15.4 Contracts are not subject to cancellation without the suppliers written consent.
15.5 The contract shall be governed by and construed in accordance with English law.
NOTE: The suppliers prices are calculated on the basis that these conditions will apply. Customers requiring prices to be quoted on a different basis should inform the supplier.
Cancellation by Customer (Cooling Off Period)
The customer may cancel the order without penalty during the cooling off period which shall run for 7 days from midnight on the day on which the order was signed or agreed by the customer. (not including Sundays or Bank Holidays) Any cancellation must be given by written notice by either party.
An administration cost may be incurred if the customer cancels the order once the supplier has received a deposit, particularly if a surveyor has visited the customer to take exact measurements.
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