Terms & Conditions

1 BASIS OF THE SALE

1.1 Under these terms and conditions the customer (“you”) agrees with Linwood North West Limited (“we”) to purchase the products and services specified in the Schedule set out in this Purchase Agreement.
1.2 The Purchase Price is as recorded page one.
1.3 These terms and conditions will apply exclusively to this Purchase Agreement.
1.4 You are responsible for ensuring that the details of your order as set out in the Purchase Agreement and any applicable specification are complete and accurate. Please check carefully before signing.

2 TERMS OF PAYMENT

2.1 In some cases we may require an advance payment from you either as a deposit or to cover expenses such as planning permission or building regulations fees. This shall be specified in the Purchase Agreement.
2.2 You will pay us the balance of the purchase price on the final day of installation.
2.3 Should there be any defects, you may not withhold a sum higher than the value of any outstanding defect or work, until such time as the defect or work is rectified by us.
2.4 For any overdue payments we will charge you interest at 3% above HSBC Bank Plc base rate accrued daily until full payment is made.

3 ILLUSTRATIONS

3.1 Any illustrations in our promotional literature and on the schedule of work on the Purchase Agreement are for your information and guidance only and will not be to scale. The products may vary slightly from those images.

4 DESCRIPTION AND SCOPE OF PRODUCTS AND SERVICES

4.1 The quantity and description of the Products and Services shall be limited to that specifically set out in the Purchase Agreement, unless we agree otherwise in writing.
4.2 We will make good internally and externally, but we cannot be responsible for any non-matching due to the weathering or ageing of existing finishes such as bricks, pebble dashing, rendering or tyrolean etc. We will make good to a pre-decoration standard, but will not be responsible for any redecoration, repainting or retiling. Our making good will be limited to an area not greater than 40cm (approx. 1ft 4in) around the perimeter of each item.
4.3 We will take the greatest care to avoid damage, however some may be expected due to the nature of the work. We cannot guarantee that wallpaper, tiles, woodwork or plaster immediately adjacent to the existing frames will not be damaged when the frames are removed.
4.4 We will remove and dispose of all existing doors, windows and/or frames replaced and scrap materials unless you ask us before we start installation to leave them on your premises. We cannot guarantee that any existing frames when removed will be intact for use elsewhere.
4.5 You are responsible for removing and reinstating all ornaments, furniture, electrical equipment, burglar alarms (see Clause 4.7), radiators, appliances and carpets on or adjacent to the areas where we are to install our products.
4.6 Our surveyor will advise you at the time of survey whether there are any wires, cables or other hazards or obstacles which you will need to have moved or re-routed before we install the products.
4.7 You are responsible for the relocation, removal and/or repair of alarm systems, contacts and sensors, or similar components. We recommend that you employ independent specialists to carry out this work. Our surveyor will advise you at the time of survey what items you need to arrange for.

5 SURVEY

5.1 We will ask a surveyor to contact you and arrange a mutually convenient appointment for the preparation of a survey report. Reasonable notice will be given.
5.2 The Purchase Agreement is conditional upon a satisfactory survey by us within a reasonable time following this agreement taking effect.
5.3 If in the opinion of the surveyor or our technical staff the work cannot satisfactorily or safely be carried out, we will write to you giving you the reasons. If no satisfactory alternative can be agreed then you or we may cancel the agreement in which event any deposit will be refunded.

6 PREMISES

6.1 The main purpose of our surveyor’s inspection is to obtain correct measurements for manufacture and ascertain the feasibility of the installation shown on the schedule of work. His inspection will be confined to those areas which directly relate to the proposed installation and he will not undertake, nor shall we be responsible for, a general survey of the premises.
6.2 We will not be responsible for remedying any defect that existed before the installation or for any damage arising from such a defect.
6.3 Where planning permission or building regulations approval is required, we will be responsible for obtaining these, unless stated otherwise on the Purchase Agreement. You must advise us if your property:-
Is in a Conservation Area
Is in an area covered by an Article 4 Direction issued by the local authority
Is a Listed Building

PLEASE NOTE: Other than planning permission or building regulations approval as in Clause 6.3 above, you are responsible for ensuring that the work may be carried out at the premises, including:-
Landlord approval
Party Wall Agreements
Any other neighbour or third party approvals

7 VARIATIONS

7.1 Any variation to this agreement must be agreed by you and us and for clarity should be confirmed in writing.
7.2 The price will be affected by any material changes that you request or which are agreed following the survey.
7.3 The products in the Purchase Agreement will be manufactured and installed by us using such manner and materials as we consider most suitable. We have a policy of continuous improvement of our products, so we may make minor technical changes to the specification of your products which will not be to the detriment of their function or aesthetics and will not affect the price.

your products which will not be to the detriment of their function or aesthetics and will not affect the price.

8 DELIVERY AND INSTALLATION

8.1 The estimated delivery period will run from the date of this agreement or from the date of any subsequent variation or receipt of third party approval.

8.2 You agree to accept installation within the estimated delivery period. If within 6 weeks of the end of the estimated delivery period you are unable to accept installation 80% of the purchase price is payable. Installation will then follow as soon as reasonably practicable by agreement between us.

8.3 If the installation has not taken place within the estimated delivery period, or we have notified you earlier that it will not do so, you may write to us requiring the work to be completed within six weeks. If the work is not completed within this extended period you may write to us cancelling the outstanding work. You will be entitled to a refund of any payment in excess of the value of work carried out by us.

8.4 Neither you nor we are liable for any delay in the completion of the work which arises from causes beyond our control (including but not limited to, inclement weather, fire, flooding, civil disturbance, strike action by others, criminal damage or acts of war).

8.5 You will grant access to our personnel to your premises on reasonable notice and at reasonable times to carry out the work. You will allow

us free use of water and electricity for the purposes of installing the products.

9 CANCELLATION

Products such as windows and doors, which are made to measure and made to your specific requirements are exempt from the right to cancel under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013

10 LIMITATION OF LIABILITY AND CONSEQUENTIAL LOSS

10.1 We will be liable for any damage caused to your property which was not necessary for the completion of the contract and such damage was caused by us not exercising reasonable care and skill.

10.2 Consequential loss:
We do not accept liability for any form of consequential loss arising from any circumstances whatsoever.

11 GENERAL

11.1 If any or part of these terms and conditions is held to be unenforceable, this will not affect the validity of the remaining terms and conditions.

Nothing in these terms and conditions will affect your statutory rights relating to faulty or mis-described goods. For further information about your statutory rights, contact your local Trading Standards Department or Citizens Advice Bureau.

11.3 Complaints:
You agree to notify us and to give reasonable opportunity to remedy any complaint you may have. Complaints should be sent in writing to our Head Office address or by email to sales@linwoodwindows.co.uk. Details of our complaints procedure can be found on our website.

12 THE PRODUCTS

Sound Reduction:
Please note we give no specific representation regarding sound reduction by fitting our double glazed products, however a certain reduction can be expected if single glazing is being replaced.

12.2 Condensation:
Our double glazed units are designed to reduce heat loss which occurs through single glazing. We give no guarantee concerning the incidence, prevention or elimination of condensation. Examples are:-

Internal condensation caused by excess moisture in the domestic environment
External condensation: Thermally efficient windows are so good at keeping the heat in that the outer pane can get cold as it is no longer being warmed by wasted heat. Under some
weather conditions and at certain times of the year, this can result in the formation of condensation on the outside surface of the glass. This is a positive indication of a thermally efficient window.

12.3 Glass:
Current legislation requires the use of “Low-E” coated glass to achieve reduced ‘U’ values for heat retention, therefore a slight tint may be visible in certain light conditions, this is perfectly normal. There may also be minor imperfections in the glass making process / coating procedure which are beyond our control. We cannot be held responsible for minor imperfections which are not visible when viewed in natural daylight at a distance of 3 metres from the unit – as defined by the visual quality industry standards issued by the Glass & Glazing Federation.

12.4 Retention of Existing Stained Glass:
When we restore an existing piece of stained glass, parts may occasionally break. Should this occur, we will repair the damage in the most sympathetic way possible, as some old pieces of glass are no longer being produced.

12.5 Cleaning and Maintenance:
It is recommended that you clean your uPVC frames with warm soapy water at regular intervals (generally every three months) and that all hardware, handles and hinges, etc be lightly lubricated at least once each year. Failure to properly maintain the product may invalidate the guarantee, as will misuse or abuse of the products.

13 PRODUCTS AND SERVICES GUARANTEE

13.1 The products and services are guaranteed by us against defective materials and workmanship for a set period. You will be given a Guarantee Document which contains the terms and conditions of the guarantee after installation.

13.2 We guarantee to repair where we deem it to be practicable and appropriate, and if not, to replace, free of all charges for labour and materials, any product including a glass sealed unit which develops a fault, (excluding breakage but including condensation within the sealed unit) due to defective materials or workmanship within the set period

of the guarantee after the date of the initial installation. Any repair or replacement of products will not extend the set guarantee period.

13.3 Please note that failure to pay for the product in full will invalidate the guarantee.

13.4 The guarantee of our products is not transferable to any new homeowner.