Updated Terms & Conditions
1. GENERAL
1.1 Signature Windows & Doors® Ltd the Company ‘You” means the person, firm or company to whom a purchase order is addressed or whose order is accepted by Signature Windows & Doors® “the Goods* means the goods referred to in the purchase order or order; the Delivery address means the property at which the goods are to be installed; the contract means the contract made between Signature Windows & Doors® and you incorporating these terms and conditions, terms and conditions “means these conditions of sale together with all other terms and/or conditions set out-on the purchase order the “Purchase Order* means the document to which these terms and conditions are attached and ‘the Guarantee” means the guarantee set out in clause 12 of these terms and conditions.
1.2 All prices quoted by Signature Windows & Doors® based upon these terms and conditions and reflect the limitations upon Signature Windows & Doors® liability, which they contain. Should you wish to contact Signature Windows & Doors® otherwise than on the terms of such conditions of Sale special arrangements can be made and a revised price quoted by Signature Windows & Doors®
1.3 In the absence of any such special arrangement which shall not bind Signature Windows & Doors® unless made in writing and signed on Signature Windows & Doors® behalf by a person duly authorized for that purpose ail quotation given and all contracts made by Signature Windows & Doors® in respect of the sales installation of the goods and any changes made to those quotations and contracts shall be subject to these terms and conditions place of any other terms or conditions proposed by You or printed on Your stationery.
1.4 No agent or salesman of Signature Windows & Doors® has authority to give any guarantee or warranty on behalf of Signature Windows & Doors® or to transact business other than on the (un-amended) form of these terms and conditions,
2. LIMITS OF CONTRACT
2.1 A Contract will only be created when a Purchase Order is signed by you and is accepted by Signature Windows & Doors®
2.2 Any special terms of your Contract with Signature Windows & Doors® shall be set out on the Purchase Order and (unless expressly referred to on the Purchase Order) all other correspondence or oral communications between you and Signature Windows & Doors® shall not form part of the Contract.
2.3 Any changes to the terms of the Contract shall be agreed by Signature Windows & Doors® and You and set out on Signature Windows & Doors® Order Variation form and shall not be binding on either party until signed by Signature Windows & Doors® and by You.
3. TECHNICAL DATA AND REPRESENTATIONS
3.1. All drawings, brochure, descriptive matter, price lists or advertisements, whether supplied with these terms and conditions, are approximate only, are intended merely to give a general idea of the Goods and shall form part of the contract.
4. PRICES
4.1. The price of Goods shall be the price set out on The Signature Windows & Doors® Purchase Order.
4.2 Signature Windows & Doors® sends a quotation to tender to You it will accept orders which are received within the time limit set out in that quotation tender at the price stated in that quotation or tender.
4.3 The price of the Goods shall be subject to the addition of Value Added and/or other applicable Taxes.
4.4 Any increase in cost or expenses arising from any changes to the Contract requested by you, or any act or commission or any special requirements of you, may at Signature Windows & Doors® option, be charged to You.
4.5 Should you, after the date of the contract, make (or contact with another person or company) to make any alterations at the Delivery Address, which Signature Windows & Doors® consider will result in change being required to the Goods. Signature Windows & Doors® may. At Signature Windows & Doors® option, charge any resulting increase in cost or expenses to you.
5. VARIATIONS TO SPECIFICATION
5,1 Signature Windows & Doors® may make changes to the Goods by substitution of items of similar or improved quality as part of Signature Windows & Doors® policy of continually improvement of its products,
5.2 Substitute other components or materials of equivalent strength and quality when the components or materials specified are not readily available.
5.3 Cancel the Contract in accordance with clause 7.1 if modification to the Goods becomes necessary for statutory, safety or security reasons.
6. SURVEY
6.1 The Contract is subject to a survey of the Delivery Address by Signature Windows & Doors® technical surveyor, which will be carried out at a time and date convenient to you.
6.2 The purpose of the surveyor is only to ensure that existing windows and/or doors at the Delivery Address can be successfully removed and replaced by the Goods. The surveyor is not a structural survey and is only intended to identify defects at the Delivery Address which would ordinarily be revealed by a survey limited to establishing whether existing windows and/or doors can be removed and replaced by UPVC windows and/or doors, any other defects are referred to as “Hidden Defects” in these terms and conditions.
6.3. Signature Windows & Doors® strongly recommended that You obtain an independent structural survey of the Delivery Address before installation if the Delivery Address is a older property or if building work (such as an extension) has been carried out at the Delivery Address or if You suspect that there may be Hidden Defects at the Delivery Address or if you have any doubts at all about the structural integrity of the Delivery Address, You should note that Signature Windows & Doors® may cancel the Contract under clause 9.5 if any Hidden Defects became apparent after the date of the Contract
7. CANCELLATION BY SIGNATURE WINDOWS & DOORS®
7.1 The Contract is subject to the survey of the Delivery Address by (technical survey referred to in clause 6). Following the survey, should Signature Windows & Doors® consider that the Goods couldn’t properly be installed at the Delivery Address, Signature Windows & Doors® at any time prior to installations of the Goods cancel! The Contract without Signature Windows & Doors® incurring any liability to you other than to return to you any deposit, Survey fee or other monies paid to Signature Windows & Doors®. Signature Windows & Doors® will use all reasonable endeavours to notify You, in writing, as soon as possible after the survey if the results of the survey are such that Signature Windows & Doors® considers it necessary to cancel Contract
7.2 If You fail to pay any amounts due from You to Signature Windows & Doors® on the due date for payment, or if You have a receiving order in bankruptcy made against you, or make any arrangement with your creditors, or if You are a company and you have receiver appointed or if any order should be made or any resolution passed for winding you up Signature Windows & Doors® may. In addition to its other rights, demand immediate payment by You of all unpaid amounts due from You at the date except those amounts relating to costs not already incurred by Signature Windows & Doors® and suspend or cancel the order without any liability to You.
7.3 If under clause 2.3 of these Terms and Conditions, agreement cannot be reached between you and Signature Windows & Doors® In relation to the terms of an Order Variation within 21 days of the identification of the requirement for an Order Variation, then Signature Windows & Doors® may cancel the Order by giving written notification of the cancelation to you,
8. CANCELLATION BY YOU
8.1 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 at:
Signature Windows & Doors®, Rupert House, Union Street East, Stockton on Tees TS18 2HH
8.2 The notice must be sent within fourteen days of the date on which the contract was signed. The cancellation form in your welcome pack may be used for this purpose. In the interest of certainty, it is recommended that any cancellation be sent by recorded delivery. The following costs will be incurred on cancellation after survey: 10% total costs, The following costs will be incurred on cancellation during or after manufacturing: the cost of manufacturing and materials that can not be used or re-sold up to 70% of the total cost of the contract.
8.3 Any prepared building work already carried out on your behalf by Signature Windows & Doors® must be paid in full
9. ACCESSES AND INSTALLATION
9.1. You will provide reasonable access to the Delivery Address to enable Signature Windows & Doors® to install the Goods as soon as practicable after You are advised by Signature Windows & Doors® that the Goods are ready for installation. If an appointment for reasonable access has not been fixed within 14 days of Signature Windows & Doors® advising You that the Goods are ready or if installation of the Goods is delayed due to Your fault, You must pay the balance of the purchase price immediately and Signature Windows & Doors® shall be entitled to put the Goods into storage and change You for the cost of storage and the cost of any damage to the Goods while in storage if at the end of the 21 days from the date when the Goods are placed into storage. You have failed to agree a date for installation of the Goods, or the installation appointments have been cancelled by You, then Signature Windows & Doors® will be released from its obligations under the Contract and may dispose of the Goods in any manner which if sees fit.
9.2 You will be responsible for cleaning the area where the Goods will be installed of any objects, (including furniture and soft furnishings which could be damaged during installation of the Goods), You will also be responsible for removing any curtains blinds, shades, and curtain rails and also for ensuring that the area (and any furniture) is property covered with dust sheets.
9.3 Signature Windows & Doors® will take all reasonable care during the installation of the Goods. However, by its very nature the process of installation of replacement windows and doors may cause some damage internal or external decoration and Signature Windows & Doors® will not be response for damage to internal or external decoration, or for any other items in the immediate vicinity of the installation, caused by the installation of Goods. In addition, Signature Windows & Doors® will not be responsible for refitting blinds, shades, curtain rails, you should note that no guarantee can be given that your old windows or doors will be removed in one piece.
9.4 Unless supplied or approved by Signature Windows & Doors®, Signature Windows & Doors® undertakes no responsibility for sites or foundations, for any framework or support for compliance with any local byelaws or Statutory Regulations, or for the fulfilment of any special requirements witch you may be bound to observe or fulfil
9.5 If at any time following Signature Windows & Doors® acceptance of the Contract any Hidden Defects (as defined in clause 6.3) at the Delivery Address becomes apparent, Signature Windows & Doors® shall have the right to suspend the performance of the Contract immediately and to require you to repair the Hidden Defects at Your own expense. You are also to pay Signature Windows & Doors® the price of Goods less any costs not yet incurred by Signature Windows & Doors®. As soon as reasonably practicable after the Hidden Defects have been repaired subject always to the prevision of cause 4.5 of these terms and conditions. Signature Windows & Doors® shall complete its obligations under the Contract, and you shall pay all other monies due to Signature Windows & Doors®. If the Hidden Defects cannot be repaired, then your liability to Signature Windows & Doors® shall be limited to the price of the Goods less any cost not yet incurred by Signature Windows & Doors® and upon payment of this amount to Signature Windows & Doors® the Contract shall be deemed to be fulfilled
10. DELIVERY
10.1 Any time or date given by Signature Windows & Doors® for installation of the Goods (whether specified in Signature Windows & Doors® quotation or otherwise), shall be taken as an estimate made by Signature Windows & Doors® in good faith but shall not be Binding upon Signature Windows & Doors® either as a term of the Contract or otherwise. If Signature Windows & Doors® is unable to install the Goods on the date originally given for installation, Signature Windows & Doors® will use ail reasonable endeavours to offer you the earliest possible alternative date for installation convenient to you. In no circumstances shall Signature Windows & Doors® be liable for any loss or damage sustained by You because of the consequence of any delay in the installation of the Goods by Signature Windows & Doors® Should Signature Windows & Doors® be unable to install the goods within 3 months of the date originally given, then You may cancel the Contract by giving written notice of cancellation to Signature Windows & Doors® and shall refund to You any deposit, survey fee, or other monies paid by You to Signature Windows & Doors®.
10.2 You will be responsible for the safety of the Goods and for any damage to the Goods from the completion of installation or from the date when Goods are placed into storage in accordance with clause 9.1 of these terms and conditions, whichever the sooner
11. PAYMENTS
11.1 If this Contract is entered into otherwise than with a linked finance agreement arranged by Signature Windows & Doors®. If paying by cash or bank transfer the funds need to be cleared 3 working days before delivery. Cheques and money orders shall be made payable to Signature Windows & Doors® by agreeing a date for installation of the Goods You are deemed to have warranted that You will have sufficient monies available to pay Your account in full 3 days before delivery of goods. On agreement of the contract a deposit will be taken, on delivery of goods to the agreed installation address the remainder of the total payment cost must have been paid before work will continue and on completion of the work carried out by Signature Windows & Doors®, the customer must sign a satisfaction note to say the work is complete and the contract is then fulfilled by Signature Windows & Doors®. If a problem arises after the satisfaction note is signed by the customer, this will be passed to our remedial department for them to correct any problems.
11.2 If this contract is subject to a linked finance agreement arranged by Signature Windows & Doors® by the relevant finance company.
11.3 All goods remain the property of Signature Windows & Doors® until the remaining balance is paid upon completion of works carried out or otherwise stated.
11.4 By signing this contract you give us the right to remove all goods and charge costs for the fitting and removal and subsequent damage through fitting and removal of the goods we have provided. You also agree you will not hold us responsible for the security of your home should you not wish to pay for the goods we have provided and are subsequently removed.
12. GUARANTEES
12.1. Signature Windows & Doors® undertakes to repair or replace, at the option of Signature Windows & Doors® any Goods which are shown to be defective in materials or workmanship within 120 months of installation (other than perimeter seals) on double glazed units and softwood and hardwood frames which are guaranteed for 60 months) PROVIDED THAT Signature Windows & Doors® shall not be under any liability under this guarantee if:
12.1.1 you have not paid in full for the Goods and/or.
12.1.2 any person not authorized by Signature Windows & Doors® has carried out or attempted to carry out repairs or alterations to the Goods and/ or.
12.1.3 You do not follow Signature Windows & Doors® recommendations for care and maintenance of the Goods, or you otherwise fail to take proper care of the Goods; and/or,
12.1.4 you do not notify Signature Windows & Doors® of any defect within one month of the defect becoming apparent.
12.2 All claims made under the Guarantee must be made to the Signature Windows & Doors® Helpline on 03330115474 A notification will be not valid unless you obtain a Claims Reference Number from the Signature Windows & Doors® Helpline.
12.3 You should note the following important information about the Goods.
12.3.1 Although double glazed units normally reduce condensation on glass, there can be variation in different types of property and therefore no guarantee of reduction in condensation can be given.
12.3.2 All glass used by Signature Windows & Doors® is of suitable quality for installation in domestic properties. Due to the nature of the manufacturing process, however, the glass cannot be guaranteed to be completely free of minor blemishes and imperfections, which will in no way affect the performance of the double-glazed units.
12.3.3 Signature Windows & Doors® draws to Your attention the fact that glass has a soft surface and reasonable care should therefore be taken when cleaning the windows to prevent any damage to the surface from abrasive cloths, detergents etc. Any damage found to be caused by inappropriate cleaning would invalidate this Guarantee.
123.4 All leaded glass windows produced by Signature Windows & Doors® are individually made by hand. Signature Windows & Doors® will use reasonable endeavour to ensure that the coloured designs on the glass match as closely as possible the shades of colour depicted in any of Signature Windows & Doors® brochures or samples shown to you. However, due to the nature of the production process and the inherent properties of the glass, Signature Windows & Doors® does not warrant that a perfect colour match will be made.
12.3.5 Whilst Signature Windows & Doors® takes all reasonable steps to preserve the appearance of the brassware and lead ware used in its products, by their nature both brass and lead will tarnish when exposed to the atmosphere. Signature Windows & Doors® guarantee does not therefore extend to cover either brass or lead ware. Signature Windows & Doors® recommends that you regularly maintain such fitting by cleaning and polishing to reduce, as far as possible, the effects of tarnishing.
13. EXCLUSIONS OF LIABILITY
13.1 Signature Windows & Doors® Guarantee is provided by Signature Windows & Doors® and accepted by you in substitution for all other statements conditions and warranties under or in respect of the Contract which may be made either expressly to you or would be implied by law into the Contract as to:
the state, quality, fitness for purpose or performance of the Goods, and/or.
13.1.1 The standard of Signature Windows & Doors® workmanship and the state, quality, fitness, or performance of any materials used by Signature Windows & Doors® and all such representations conditions and warranties are hereby expressly excluded.
13,2 Except for any liability which Signature Windows & Doors® may incur for death of personal injury resulting from negligence. Signature Windows & Doors® shall not be liable to you for any losses except those, which are a foreseeable consequence of a breach by Signature Windows & Doors® of these terms and condition
14. CONDITIONS BEYOND THE CONTROL OF SIGNATURE WINDOWS & DOORS
14.1 If the performance of the Contract by Signature Windows & Doors® shall be delayed by any circumstance or conditions beyond the control of Signature Windows & Doors® you will not be able to claim that Signature Windows & Doors® is in breach of these terms and conditions
14.1.1 Signature Windows & Doors® shall have the right at its options:
14.1.2 To suspend further performance of the Contract until such time as the cause of the delay shall no longer be present or,
14.1.3 To be discharged from the further performance of the Contract in which case Signature Windows & Doors® shall return to you any monies, deposit or survey fees paid.
15. SEVERANCES
15.1. If the contents of any of the clauses of these terms and conditions shall be deemed void for any reason whatsoever but would be valid if part of the wording of that clause was deleted, any such clause shall apply with such modifications as may be necessary to make it valid and effective.
16. ‘DEALS AS CUSTOMER’
16.1. Nothing in these Conditions shall affect your statutory rights if you are a person who “deals as consumer” as defined in Section 12 of the Unfair Contract Terms. Act 1977 or any amendment or modify action thereof.
17. LEGAL CONSTRUCTIONS
17.1. This Contract shall be governed by English law and shall be subject to the exclusive jurisdiction of the English courts. Please notify us by letter if you do not wish to receive correspondence from other parties regarding products, we think may interest you. By signing this contract, you agree with and will keep up to date with our term and conditions that may supersede these that you have signed
FOR UP-TO-DATE TERMS AND CONDITIONS PLEASE SEE OUR WEBSITE AS OUR T’s & C’s ARE UPDATED TO KEEP WITHIN CURRENT CONSUMER REGULATIONS AND MAY CHANGE AT ANYTIME
If after reading Clause 8 you are in any way unsure of your rights and obligations under this agreement, please ring our helpline 03330115474
If you have the right to cancel this agreement under clause 8, then you can do so by sending Registered post or taking a written notice of Cancellation to: