Terms & Conditions of Sale

Definitions

In these terms and conditions “First Class Windows” or ‘The Company” refers to First Class Windows, Doors & Conservatories Limited and “You” or “Customer” refers to the purchaser named on the contract. “The Order” or “The Work” refers to the goods and services shown on the contract. “Practical Completion” shall mean the stage of installation whereby the goods may reasonably be used for the purpose intended, even if there are some items of work still outstanding.

Plain English

Although the terms and conditions of this contract are legal and binding they are written in “Plain English” in the interest of clarity and customer service.

The Contract

In placing the Order with First Class Windows, Doors & Conservatories Limited you irrevocably agree to be bound entirely by the terms and conditions stated in this contract which shall be the only terms and conditions applicable to the contract any proposed amendment shall have no validity unless agreed in writing by the Managing Director of First Class Windows.

Survey

This Contract is accepted by the Company subject to a technical survey by the Company’s Surveyor which will be carried out during normal working hours Monday to Friday (other times and days may be possible for an additional charge).

The First Class Windows office will arrange a company surveyor to carry out the initial site survey within 30 days of signing the contract unless otherwise agreed in writing or on the contract.

In the event that the surveyors report reveals any complications, additional work, or work that has not been priced then First Class Windows may increase the total price for goods or services. If the new total price is not accepted by you First Class Windows reserves the right to cancel the contract in 30 days from this date and any deposit paid will be refunded less expenses to date.

If the surveyor is prevented from completing a full technical survey within 30 days then First Class Windows is entitled to treat the contract as cancelled and you must pay an amount equal to 30% of the total purchase price together with First Class Windows reasonable expenses to date.

Cancellation

Unless you have signed the Contract at First Class Windows place of business you have the right to cancel the Contract within seven days of signing by serving written notice. The Notice of Cancellation slip on the back of the contract can be used and posted to the company’s address; it is recommended this is sent by recorded delivery to prove receipt.

Preparing for the Installation.

You are responsible for ensuring that all relevant permissions, approvals and licenses have been granted prior to work commencing, and notify First Class Windows if you know of an approval which may be required , for example but not limited to “the permitted development being removed from the property, land that is leased , and any other third party approvals required” .

You are entirely responsible for obtaining planning permission, unless you request First Class Windows to apply for Planning Permission on your behalf by stating it clearly on the contract and by presenting a separate payment to First Class Windows for the equivalent to the present days planning fee plus expenses incurred for maps and copying. In the event that Permission is declined this payment is non-refundable. First Class Windows will then appeal on your behalf to the Welsh Office at a cost agreed which is non refundable. If you decide not to appeal or the appeal fails First Class Windows will refund your deposit less our expenses to date.

You must remove and replace at your expense all furnishings and fixtures that are required for installation to be carried out for example but not limited to furniture, curtains, pelmets, blinds, cables, ornaments etc, if these are not removed by start date delays may be caused and First Class Windows will charge for the extra time required.

You must remove or re-site at your expense any alarms, electrical, gas, plumbing or any such similar installation and connections as necessary if not part of the contract.

You must ensure that the premises are a fit and safe working environment for First Class Windows workmen and agents ensuring that you, your family and other persons and pets are kept away from the area where work is carried out or materials are stored.

Installation

You shall grant the company’s workmen or agent’s access to the premises during normal working hours for the purpose of carrying out the works forming this Contract and for any subsequent remedial work if required. It is assumed that you will supply all Electric, Water and Toilet facilities during these works to First Class Windows and their agents, if this is not the case First Class Windows will hire all or some of these and charge you accordingly.

First Class Windows will not be liable for any damage caused by structural defects to the property that are apparent or become apparent during or after installation, nor will First Class Windows be liable for any damage caused by settlement, subsidence, underground mine workings, soil shrinkage, poor drainage, poor ventilation in the property or other factors outside First Class Windows control.

In the event that the property or walls are not square or plumb First Class Windows will use trims to cover gaps and due to levels brick course may not line through with the existing property.

In the event that First Class Windows workmen or agents are prevented from carrying out their work by intervention by you, then you will be liable to an additional charge of £500 per day.

If you are having a solid roof structure with more than 70% of the roof area solid with no glazing, then you can remove the adjoining doors subject to the completion of a SAP approved report. If you are installing your own doors to create a physical barrier between the house and a conservatory (which may mean the installation does not require building regulations), these doors must be installed immediately upon practical completion of the Living space extension and must meet current regulations for an external door, if you choose not to install these doors then you are entirely responsible for any future building regulation retrospective notice.

Installation Dates

Time is not of the essence of the Contract. Although First Class Windows cannot under any circumstances guarantee installation commencement or completion dates it is anticipated that installation will commence within 10 weeks from you signing the Survey Approval unless First Class Windows delays installation, because for example but not limited to;

There is a discrepancy with the contract (e.g. incorrectly completed, incorrect finance documents, or other inconsistency).

If You have requested a delayed installation period on the contract.

iii. If the work requires specialist outside contractors, the use of special equipment or if special materials need to be purchased, or brick or building material shortages and availability cause delays out of First Class Windows control.

iii. In the event of a dispute arising between First Class Windows and you.

• You will allow installation to commence within the anticipated installation period. If you are unable to accept an appointment for installation during the installation period then a total of 85% (inclusive of deposits already paid) of the total contract price shall become due and payable immediately, if payment is being made through finance, finance document must be signed. Installation will then follow as soon as is reasonably practical by agreement between both parties, and you agree to pay any difference in cost that may occur due to supplier price rises, wage increases etc.
• First Class Windows shall not be liable for any delay which arises from causes beyond our control. for example but not limited to fire, flooding, civil disturbances, strike action, criminal damage, Pandemics, acts or threats of war, terrorism or threat of terrorism, fuel shortages, weather, material shortages or reliance on third parties.

Payment methods

A minimum deposit as indicated and agreed on the contract is payable on signing the agreement.

• The stage payment “Payment on completion of build” stated on the contract is required upon practical completion of any building work to a stage where a First Class Windows surveyor can measure for the frame element and or roof for production. This payment must be cleared before the goods can be manufactured or ordered.
• The stage payment “Payment Before manufacture” as stated on the contract is required following survey.

iii. The staged payment “Payment on Water Tight” this payment is due as soon as the goods are installed before plastering etc; funds must be cleared before the installation can proceed.

• The “final payment on completion” must be made upon request of Practical Completion of the order as per definitions in paragraph 1 of these terms and conditions.

If payment has not been received in accordance with the payment terms.

In the event that you fail to make your payments in full in accordance with the payment terms above you accept full liability for all costs and expenses incurred in recovering payment together with accrued interest. If any staged payment Is not made in accordance with 7a(I), 7a(ii) or 7a(iii) above then the balance of the contract shall become immediately due and payable and only when this has been received (and cleared) will the balance of work commence on a revised date to be agreed. compound interest at the rate of 2% per month will be added to your balance until paid in full.

Payment using our Finance Account

A minimum deposit as indicated and agreed on the contract is payable on signing the agreement.

• Any non financed element of the agreement is to be paid on completion of the build or following frame survey “Payment Before manufacture” if no building work is required prior to installation.
• A finance note must be signed on request of practical completion, Finance should be activated and paid out to First Class Windows within the finance provider’s terms and conditions currently 12 months from acceptance, it will be the purchaser’s responsibility to arrange alternative funding, if this expires due to delay.

Risk and Legal Rights

• You shall be responsible for any loss or damage to the goods from the date that the goods are delivered. However you will not own the goods-until First Class Windows has received payment in full of the Total Purchase Price.
• Until you own the goods they are held for the benefit of First Class Windows and cannot be dismantled, moved, altered or resold.
• In the event that your property is sold you will still be responsible for any loss or damage and ownership of the goods shall not pass to the new owner of the property until you have paid for the goods in full.

General Points

• Demonstration products, brochures, computer drawings, quotations or promotional material are for general guidance only and to give a typical illustration and composition of the product.
• First Class Windows operates a policy of continuous product development and therefore reserves the right to change specification without prior notice.
• No verbal agreements, offers or claims of any description are valid.
• The full installation is covered under First Class Windows warranty which shall be activated only upon receipt of full payment.
• Please be aware that UPVC timber effect frames and composite timber effect doors can vary slightly in their colour from one item to another including the outer frame.
• While floor coverings will be used to cover carpets and wooden flooring to prevent them being damaged, you accept that the installation work will create dust and dirt and we will not be responsible for the costs of cleaning in the event that dirt and/or dust is transferred onto your carpet or wooden flooring etc.

The company accepts no liability in respect of the following:

• a) Damage due to accident, storm. flood, neglect or misuse;
• b) First Class Windows make every effort to ensure that the glass we use is free from defects, however you accept that the glass used in double glazing is a processed glass and as a consequence, some blemishes are to be expected, First Class Windows will inspect any reported defects in line with Glass and Glazing Federation guide lines laid out in their Quality of Vision document for insulated glass units.
• c) Damage resulting from subsidence due to soil shrinkage, underground or mine workings
• d) Minor defects to plaster work or brickwork due to settlement, imperfections in production, staining due to weather, salt, or to match render, discolouration or frost damage to brickwork
• e) Damage to the frames or roof attributable to the failure of foundations or structure where these have not been constructed by First Class Windows.

If First Class Windows replaces the roof or frames to an existing conservatory or living space, and there is no evidence of subsidence or movement , we will assume the existing foundations are built correctly, First Class Windows do not accept any liability of any future movement to these foundations, First Class Windows offers a test pit service at a current price of £750 if you want an investigation before work commences , you must notify First Class Windows in writing if you wish to carry out this test before the goods are surveyed and pay the current fee.

• g) Internal and external surface condensation, First Class Windows will inspect any reported defects in line with Glass and Glazing Federation guide lines laid out in their Condensation document.
• First Class Windows may take photographs before and/or after installation. Such photographs are the property of First Class Windows and you hereby give permission for First Class Windows to use these photographs for promotional or other reasons as required, unless you request otherwise.
• First Class Windows reserves the right to publish comments or extracts of correspondence from customers for promotional or other purposes.
• We treat your information you pass to First Class Windows seriously, and follow the principals contained within our Privacy Policy.

Jurisdiction

• These conditions and all quotations, offers and acceptances shall be according to English Law and the Customer and the Company hereby submit to the exclusive jurisdiction of the English Courts.
• In respect that any provision of these Terms and Conditions is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable, the remaining provisions of these Terms and Conditions shall remain in full force and effect.
• A copy of the company warranty is available on request.

PRODUCT AND WORK SPECIFICATION

The price on the contract is for the work indicated on the contract only in accordance with the product specification and work procedures below. Any requirements other than those stated below must be stated on the Contract or the Company’s “Variation of Contract Form”, as no verbal agreements of any kind are valid product and installation specifications are subject to change without notice in accordance with First Class Windows policy of continuous product and installation development.

Measurements

• Measurements are shown as external sizes. Where there is a brick cavity dwarf or gable wall, this means the outside face of the outer wall. If full height frames are specified (no dwarf or gable wall) the measurement is taken from the external face of the frame (ignoring sill, opening vents, guttering, or other projections)
• The Eaves height (from the internal Living Space floor level to the top of the Living Space frames excluding the Eaves Ring Beam) and the pitch of the Living Space is determined by the Company’s Technical Surveyor
• All measurements indicated on the contract are approximate and for general guidance only. The Technical Surveyor will determine the final dimensions.
• The finished installation will be subject to variances and tolerances in line with general building practice, brick courses, manufacturing limitations and site conditions.
• Roof System, Frames, and Glass are supplied to the manufacturers specific guide lines, further details of the individual product technical specifications are available on request.

Roof

• Important: Roof rafters may not line up with the frames underneath.
• For technical reasons it may be necessary for additional structural support. This may include 3-way and 5-way tie-Bar assemblies, pillars or brackets, or a steel portal frame assembly. It may not be apparent before manufacture that additional support is required.
• If a roof vent is specified, the company will determine the size and final position in the roof. A pole is supplied to mechanically operate the roof vent.
• On certain installations, an aluminium box gutter may be required which adjoins the house or other wall and the Living space.
• Orangery roofs are constructed using engineered timber, insulated and have a rubber roof coating or alternative top surface as indicated.
• The Living Space is fitted with a PVCu gutter system and a downpipe. The company may determine that additional downpipe outlets are required and the location of downpipes and outlets are specified by the Technical Surveyor. It is normal for water to rest in the gutter until enough volume builds up to escape through the downpipe.
• Roof replacements use various tiled effect options, these will not be a match to the existing house roof tile or slate covering , if a glazed areas is required in a solid roof, the company will determine the size and final position within the roof.

Living Space Frames

• Frames are PVCu or Aluminium in a colour indicated on the contract.
• Frames will sit on an external Sill. The Sill is generally welded into a single piece (but) will often be cut for transportation. The company will determine where to make the Sill cut(s).
• Where a Dwarf Wall is specified, a window board is fitted as standard.
• It is recommended that outward opening doors/French doors are specified with the optional door restrictors if adjoining a dwarf wall, as opening is restricted by the wall. “Hook and Eye” mechanisms are not supplied as standard.
• Casement window handles. tilt & turn handles, door handles. hinges and other hardware are produced by different manufacturers and will vary in appearance, colour and finish.

Frame Glazing

• Clear glass incorporated into a 28mm thick sealed unit with glass toughened to current regulations where required
• If specialised glass is specified, this relates to one pane of glass only.
• Georgian bar and leaded light design layouts and spacings are determined by the Company. Georgian bar (18mm width is standard) is fitted inside the glass sealed leaded lights (9mm width is standard) have lead strips with adhesive backing attached to the inside of the outside pane of glass and the outside of the outside pane. Note that lead is a natural product subject to weathering conditions.
• First Class Windows cannot guarantee to match lead, Georgian, or stained/bevelled glass designs or colours exactly, and examples and brochures are for general guidance only. Some designs may not suite every Living Space due to differences in frame sizes and glazing apertures.
• If First Class Windows is replacing glass or polycarbonate in existing frames or roof, whilst every care will be taken to remove and replace existing beads and components without damage we will not be held responsible for damage caused due to aging that can cause items to become brittle. If damage occurs replacement items or repairs to existing will be charged for.

If First Class Windows is carrying out Building Work

• First Class Windows recommend fitting cavity trays to face-brick properties, or properties which have been externally rendered for more than ten years ,if you decide not to have them fitted we accept no responsibility for any issues arising. If they are required in future you agree to pay all costs. Cavity trays are not fitted as standard to rendered properties unless expressly specified on the contract,
• Extractor fan outlet or vents will not be removed or re-routed outside the conservatory unless specifically highlighted on the contract overleaf.
• First Class Windows cannot guarantee to match the conservatory floor level with the internal house floor level.
• First Class Windows cannot guarantee to match existing brickwork. Bricks may be discontinued, not available from our usual supplier, or we may experience difficulties identifying the brick. In such cases First Class Windows will offer a close alternative or a complimentary brick. Even when the correct brick match is found, variations in batches and the natural weathering process means that an identical match is not possible.
• First Class Windows cannot guarantee to make good or match external rendering with an identical render due to variations in materials, colours and application.
• As with brick matches, it is not possible to match the mortar between bricks. Mortar is made and coloured in batches and is subject to the weathering process.
• If First Class Windows undertakes to move a manhole this relates to a standard depth (up to 1m) manhole which will be relocated on the same drain run. Any variation to this will incur additional charges.
• Adopted sewers will require a Build Over Sewer Agreement, which will incur additional costs, some to Welsh Water. It is the homeowner’s responsibility to make First Class Windows aware of an adopted sewer on site.
• The builder will determine the specification of the foundations depending on ground conditions, Living Space type, and whether the site is level.
• Foundations are charged for to a maximum of 1m in depth unless indicated on the front of this contract, actual depth to be determined on site and on some occasions it may be necessary to instruct a structural engineer to calculate a foundation plan or raft detail, in this event we will inform you and any additional charges required will be agreed between you and First Class Windows before the work commences.
• Some properties are built on piles as part of the foundation detail, it is your responsibility to check with the properties house builder, your solicitor or the properties deeds if this is the case with the existing house foundation or you suspect that this may be the case you must inform First Class Windows before we survey or work commences. First Class Windows cannot take any responsibility of any future subsidence if we were not informed of this fact or it is not apparent during the build.

Installation Procedures

• No guarantees can be made to remove existing framework, architrave, windows, doors, glass or obstructions in one piece.
• First Class Windows will make good interior and exterior reveals when removing window/door frames but will not be responsible for painting or redecorating.
• The internal walls (including dwarf, gable and house walls) are not plastered unless stated on the contract overleaf. When First Class Windows undertakes plastering work the wall needs to dry out fully before the customer decorates or paints.
• First Class Windows fits a standard pvc skirting board to plastered walls if other skirting is required an extra charge may occur. If First Class Windows is installing flooring, the skirting board will normally be fitted after the flooring.
• First Class Windows will construct the Living Space extension only. A path around the conservatory is not included (unless specified on the contract). Patio areas, paths or other obstructions that are removed will not be replaced (unless specified on the contract). After completion of the Living Space, the customer should make good any landscaping.
• Some customers purchase a ceiling fan or light fitting for an electrician to fit. Please note however that if a tie-bar assembly or other support is required for structural reasons it may not be possible to fit, Customers are therefore advised to check with the Technical Surveyor before purchasing any items.

Contacting us

Please do not hesitate to contact us regarding any matter relating to these terms via email to sales@firstclasswindowsanddoors.co.uk or in writing to

REGISTERED DETAILS
First Class Windows, Doors & Conservatories Limited
Unit A The Showroom,
Nantgarw Road, Caerphilly
Wales, CF83 1BW

Company No. 15460108
VAT No. 464840278