Terms and Conditions

1. DEFINITIONS

Exeter Window Store  Ltd., company number 07060537 .

1. 1. 1.1.‘Buyer’ means the person, company or firm who places an order with the company for the manufacture or supply of Goods.
   2. ‘Goods’ mean the products manufactured and/or supplied by the Company.

1. PARTIES
   1. 2.1.This agreement is between the company and the buyer, the terms of which shall not be changed without written confirmation from both parties.
2. ORDERS AND APPLICABLE CONTRACTUAL TERMS
   1. 3.1.These Terms and Conditions shall apply to all tenders, offers, quotations, acceptances, deliveries or contracts relating to the sale of Goods entered into by the Company.  In the event of any conflict with the Terms and Conditions of Business of the Buyer, the Company’s Terms and Conditions shall prevail.
   2. 3.2.The Company will accept ‘as fact’ specifications as received. Any alteration to an order or specification may only be made by the Buyer, in writing, and should the items in question be partly or fully manufactured, any extra charge is to be agreed by the Buyer before the alteration will be accepted by the Company.
3. NOTICE OF RIGHT TO CANCEL
   1. 4.1.You have the right to cancel this contract if you want to;
      1. Products such as windows 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.
      2. Your right(s) of cancellation referred to above can be exercised by delivering or sending a cancellation notice to the company mentioned in the next paragraph within the time periods indicated or by email.
      3. The cancellation notice must be given in writing to Exeter Window Store Ltd, 10-11 Apple Lane, Sidmouth Rd, Exeter, EX2 5GL
      4. The notice of cancellation is deemed to be served as soon as it is posted or sent to Exeter Window Store Ltd or in the case of an e-mail or fax from the day it is sent to Exeter Window Store Ltd.

1. PRICE AND PAYMENT TERMS
   1. The company has quoted its price based on the payment terms shown below or as otherwise stated on the quote.  Accordingly the company rely on the buyer to pay the whole of the balance when given notice of completion by way of a payment reminder.  Should remedial work be required the buyer will pay a sum proportional to the total value of the works and the remainder according to the terms stated.
   2. VAT will be payable by the buyer at the appropriate rate in force at the time the invoice is raised.
   3. Each consignment of supply only goods will be invoiced separately and payment against the invoice shall fall due, in full, according to the standard terms shown below.
   4. If for any reason the Buyer is unable to accept delivery when due, the Goods will nevertheless be invoiced and payment will be due according to the standard terms shown below. In such cases the Company will, if facilities permit, store the Goods at the Buyer’s risk until delivery, and reserves the right to make additional charges for such storage and any extra handling or transportation.
   5. Faulty goods will not be accepted as a reason for non-payment of invoices as the Company guarantees to replace any unit found to be defective on delivery.
   6. Anticipated delivery and completions dates notified to the Customer are the Company’s best estimate at the time.  The Company will not accept claims or deductions in respect of late delivery of goods or late completion work.
   7. If payments received from the Buyer are not stated to refer to a particular invoice, the Company may appropriate such payments to any outstanding invoice.
   8. If the Buyer fails to make any payments in the time specified the Company reserves the right, and without prejudice to any other rights, suspend further deliveries until payment is made. The Company is entitled to charge interest on the outstanding balance of the overdue account from the time of default to the time of payment, calculated on a daily basis at a rate of 2.5% per month.
   9. Payment terms are as follows:
      1. All customers – 10% deposit and remainder outstanding before collection or delivery day.
      2. All customers – Any stated terms on customers specific quotation

The buyers’ failure to pay the balance on satisfactory completion would be a breach of this agreement.

1. VARIATION OF CONTRACT
   1. Any variation of this agreement must be in writing and signed by both parties.  Should the items in question be partly or fully manufactured, an extra charge will be agreed before the alteration is made.
   2. A contract with all variations will be required from the buyer and must be signed by the buyer.
   3. The estimated period of delivery/installation will run from the date of the contract or the date when both parties have agreed all variations of contract.
2. COMPLAINTS
   1. In the interest of efficiency, dealing with any query, written notice of such queries must be given to the company.
   2. The company must be afforded every reasonable opportunity to remedy any complaint for which it may be liable.
3. RETENTION OF TITLE
   1. The Company shall retain title to and ownership of the Goods until it has received payment in full of all sums due for all Goods supplied by the Company to the Buyer.
   2. Pending payment in full by the Buyer of all sums due to the Company, the Buyer will store the Goods separately from any goods belonging to the Buyer or any third party, in a manner clearly marked and readily identifiable as the Company’s property. The Company shall be entitled to enter the Buyer’s premises upon 24 hours notice to verify the Buyer’s compliance with this clause.
   3. If the Buyer fails to make payment when due of all monies owed to the Company on whatever account or becomes insolvent or commits an act of bankruptcy of if a receiver is appointed over any part of the Buyer’s business or property, the Buyer’s right to possession of Goods unpaid for shall cease immediately. The Buyer acknowledges that the Company may for the purpose of recovery of Goods pursuant to this condition enter upon any premises where the Goods are stored or where they are reasonably thought to be stored and the Company may repossess the Goods.
   4. In the event of the Buyer requiring the Goods for sub-sale, the Buyer will so inform the Company at time of order and will provide the Company with details of the intended sub-purchaser’s identity and address so that the Company may notify such intended sub-purchaser of the Company’s retention of title in and ownership of the Goods pending payment by the Buyer of all monies due from the Buyer to the Company.
   5. If the Buyer, not having paid all monies due to the Company in full, has not received the proceeds of any sub-sale of the Goods, the Buyer will, within four working days of being called upon by the Company so to do, assign to the Company all rights against the person or persons to whom the Buyer has sub-sold the goods.
4. DELIVERY AND RISK
   1. Any time or date for the despatch or delivery of Goods or for the completion of works whether specified in a quotation or otherwise given by the Company shall be an estimate in good faith but shall not be binding upon the Company either as a term of the contract or otherwise. In no circumstances shall the Company be liable for any loss or damage sustained by the Buyer in consequence of a failure to deliver within such time or by such date.
   2. Failure to deliver or complete the Work shall include, but not be limited to, errors in manufacture, errors in measurement by the Company, strike action by the Company’s suppliers, loss of labour through illness, unforeseen circumstances not reasonably identifiable at survey.
   3. The Company will endeavour to accommodate the Buyer’s preferred supply dates,. In the event that the Buyer delays the supply date, for whatever reason, of any goods supplied by the Company for a period in excess of 4 weeks from the date of procurement by the Company, then the Company reserves the right to make additional charges for the storage and protection of the goods.
   4. All supply only goods are to be inspected by the Buyer on delivery. No claims for incomplete orders or damage will be permitted or accepted by the Company after delivery.
   5. The Buyer acknowledges that the Buyer is in possession of the goods solely as bailee for the Company until such time as the Buyer has paid in full all sums owing to the Company, but that the risk in the Goods shall pass to the Buyer either when the Goods are delivered by the Company to the Buyer or in all other cases on the Company’s despatch of the Goods.
   6. The handling, working or carrying of the Buyer’s own materials by the Company shall be entirely at the Buyer’s own risk.
5. 10.SURVEY
   1. This agreement is conditional upon the company surveyors’ approval of the schedule of work following inspection.
   2. The company reserve the right to make such modifications to the schedule of works as their surveyor deems necessary.
   3. If the surveyors’ approval is not given for whatever reason or the buyer does not accept the proposed modifications the contract will be automatically cancelled.
6. Exclusions and qualifications to the proposal
   1. The following conditions are generic and some of them may not be applicable to the Work.
   2. The Company does not accept any liability for errors that may arise due to the Buyer’s failure to examine all the documents forming part of the agreement.
7. The description of the Goods is as set out in our website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in colour or size.
   1. If it has not been possible to make a site visit this quotation/price proposal is subject to any site visits deemed necessary to ascertain the full scope of the Work, and if required the price may be varied accordingly..
   2. The quotation/price proposal is based solely on the conditions and specifications either referred to or included as part of the proposal and said conditions and specifications shall take precedence over any other conditions, specifications or instructions that may have been given by the Buyer to the Company, either verbally or in writing.
   3. Frame measurements are as per those shown or annotated on the drawings supplied by the Buyer. Where sizes are not clearly shown then frame sizes have been scaled off the drawings. Where frame designs are not clearly shown or if proposed sizes exceed the manufacturer’s design parameters, then alternative designs may  have been made based on good practice. The Company does not accept liability for any assumed sizes or designs shown on the line drawings supplied as part of the quotation/price proposal.
   4. The quotation/ price proposal is subject to agreement of the final sizes and specifications of the frames to be supplied.
   5. Toughened glass has been allowed for in doors and adjacent frames to doors only or where it is clearly shown on the drawings and included in the specifications attached. The proposal is subject to identification of glass in critical areas.
   6. Textured glass has been allowed for where clearly identified on the drawings and specifications supplied by the Buyer.
   7. Please note that any line drawings that form part of this proposal are for visual purposes only and should not be construed as being representative of the goods supplied. In the event that this proposal does not adequately describe the Work or goods to be supplied then the Buyer should request the Company for any available information appertaining to said Work or goods. It is the Buyer’s responsibility to ensure that all aspects of design, aesthetics and visual aspects of the Work or goods included in this proposal are satisfactory. The Company does not accept any liability for replacing said Work or goods as a result of the Buyer’s failure to make adequate enquiries regarding the foregoing.
   8. Fire escape windows have been included where clearly shown on the drawings. It is the Buyer’s responsibility to ensure that windows/doors specified in this proposal meet with requirements of document B of the building regulations. The Company accepts no liability for failure to comply with this regulation.
   9. With new building it is the Buyer’s responsibility to ensure that the windows/doors specified in this proposal meet with the requirements of document F of the building regulations. The Company accepts no liability for failure to comply with this regulation. If trickle vents are not specifically referred to in the proposal or shown on the drawings accompanying this proposal then trickle vents will be charged extra.
   10. 12.10.All necessary planning/building regulations approval are deemed to have been applied for by the Buyer. The Camel Group does not accept any liability for any subsequent claims that may arise due to the Buyer’s failure to comply with statutory and/or local bye laws. Should you require planning approval, then we would be happy to forward the name of a reputable agency to handle your application.
   11. 12.11.
   12. 12.12.Quotations/ price proposals are valid for 30 days from the date of the proposal

1. 13.Loyalty points scheme

13.1   Customers must opt into and be accepted into the point scheme.

13.2   Points are issued to customers based on the value of purchases. (Currently 1 point per £1.00 spent)

13.3   The value when claimed is 1p per point.

13.4   Points may only be redeemed in multiples of £50

13.5   Points earned in a transaction, cannot be redeemed on the same transaction.

13.6   Points cannot be used retrospectively to any past order, nor can we make a price adjustment on an order where points were not applied.

13.7   There is no minimum spend to collect points.

13.8   Only points from the invoiced customer may be claimed, no combining different customer points.

13.9   Exeter Window Store Ltd, retain the right to remove points from a customer for returns, refunds, credits, declined card payments or goods exchanged.

13.10 Points awarded at the time of sale may be removed or cancelled, if Exeter window Store Ltd determines that the points were collected in breach   

          of terms and conditions or awarded in error.

13.11   Points have no monetary value until redeemed against as part of a purchase of goods at Exeter Window Store Ltd.

13.12 Points are not valid on VAT or shipping costs.

13.13 Points may be redeemed against the purchase of any goods purchase at Exeter window Store.

13.14 Once a customer leaves the scheme at any time, they forfeit their accrued points.

1. 14.STATUTORY RIGHTS

No terms and conditions shall affect the statutory rights of the buyer.

Warranties & guarantees

PVCu windows, doors and sliding patio doors

10 year warranty for defects in material or manufacture with White PVCu 5 years on foiled profile, for shape, dimension and resistance to weathering and light.

5 year warranty on sealed glass units from the date of original manufacture against condensation or dust forming between the unbroken panes of glass within the sealed unit.

12 months warranty on hardware & gaskets (hinges, handles & locking gear, etc) for the functioning and reliability. (We bring to your attention the need for regular maintenance in accordance to the O&M guide & exclusions below)

Roofing systems carry a 10 year warranty, for defects in material, or manufacture with the PVCu profile for shape, dimension and resistance to weathering and light.

Aluminium windows, doors, patios, bi-bolds, secondary glazing, composite aluminium/timber products. Patent glazing bars. Aluminium roofing systems.

We offer a 10 year warranty for defects in material, or manufacture with the aluminium profile for shape, dimension and resistance to weathering and light. In harsh environments such as Marine (500mtr from the high tide mark), 5 year. (We bring to your attention the need for regular maintenance in accordance to the O&M guide & exclusions below).

Industrial locations and Swimming Pools we are able to offer performance guarantees based on site specific analysis. Marine Guarantees must be applied for prior to coating commences and a Request Form should be completed and returned to our Sales Team in order for this to be approved.

5 year warranty on sealed glass units from the date of original manufacture against condensation or dust forming between the unbroken panes of glass within the sealed unit.

12 months warranty on hardware (hinges, handles & locking gear, etc) for the functioning and reliability. . (We bring to your attention the need for regular maintenance in accordance to the O&M guide & exclusions below)

Roofline, guttering, fascia, cladding

5 year warranty for defects in material or manufacture with the PVC profiles for shape, dimension and resistance to weathering and light.

Exclusions

The customer’s attention is drawn to the installation guides, user Guides and recommended maintenance documentation.  Failure to follow the steps outlined will render the above warranty invalid. Installation must be to GGF or other leading association recommended methods.

Routine cleaning and normal cosmetic and mechanical wear are not covered under the terms of this warranty.

Stainless steel fittings in exposed marine locations can be subject to surface /spot rusting, the cleaning of this is not covered under the warranty.

The warranty will be invalidated immediately should the product be misused, damaged or dismantled by the customer, or any unauthorized person, or any alteration to the original specification or should the product show evidence of impact, mishandling or tampering, unnatural chemical corrosion or use contrary to its intended purpose.

The limitation of the company’s warranty is to the goods and services provided only and excludes any product or service (including installation and building work) not supplied by the vendor nor any other consequential damage or loss arising. Products must be fitted and maintained in accordance to manufacturers or Glass & Glazing Federation (GGF) recommended methods of installation, incorrect fitting by the customer or third party installers will invalidate this warranty.

All products should be operated and maintained in line with the operations and maintenance manuals (O&M), In severe and harsh environments  such as marine (500mtr of the high tide level), this will include weekly washing of frames and lubrication of moving parts and the recording of this.

If replacement goods are supplied it is not always possible to match the original and we will supply a standard product current at the time of replacement to as closely match that originally supplied, this may not always match with the original.

The warranty applies to replacement goods up to the limit of the warranty period covering the original item.

Sealed glass units displaying the optical phenomenon, occasionally seen as interference colour bands, known as Brewster’s fringes, or any other naturally occurring optical phenomenon.

Breakage of glass, through Nickel Sulphide inclusion.

Sealed glass units that have small defects such as seeds, blemishes, roller pick up, shall be inspected and GGF guidance used to asses if it falls within accepted standards or should be replaced.

Glass units in service conditions such as (but without limitation) use in transport vehicles, ships or temperature cabinets or use at altitudes over 800 meters or transportation of units over such elevations unless the warranty has been specifically extended in writing to cover the relevant special service.

Polycarbonate roofing sheets periodically forming condensation between the sheets.

Any goods or services not fully paid for under the company’s terms and conditions of sale.