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Terms & Conditions

Our standard terms and conditions of sale and installation.

Version 1

These Terms & Conditions form part of the Contract & Order Form entered into between Thames Frames Ltd (“the Company”) and the Customer.

1. Contract Formation

1.1

The Contract shall consist of:

  1. a)The Thames Frames Contract & Order Form;
  2. b)Any product specifications, drawings, schedules, images or attachments referenced therein;
  3. c)These Terms & Conditions.
1.2

In the event of any inconsistency between documents, the Contract & Order Form shall take precedence.

1.3

No amendment to the Contract shall be binding unless agreed in writing by both parties.

2. Product Specification

2.1

The Customer acknowledges that all colours, designs, hardware finishes, glazing specifications, opening configurations and product selections detailed within the Contract have been reviewed and approved prior to manufacture.

2.2

Product images, brochures, samples, renderings and visual representations are intended for illustrative purposes only.

2.3

Minor variations in colour, finish, grain effect, texture or appearance may occur between samples and manufactured products and shall not constitute a defect.

2.4

The Company reserves the right to substitute components with equivalent products where necessary due to manufacturer availability, provided that such substitution does not materially alter the agreed specification.

3. Survey and Measurements

3.1

All products shall be manufactured in accordance with the final survey conducted by the Company.

3.2

Any dimensions contained within initial discussions, estimates, drawings or customer-provided information shall be superseded by the final survey measurements.

3.3

The Customer shall provide reasonable access to enable an accurate survey to be undertaken.

3.4

Should site conditions require amendments to the specification following survey, the Company reserves the right to revise the Contract accordingly.

4. Deposits and Payments

4.1

No products shall be ordered, manufactured or reserved until the required deposit has been received in cleared funds.

4.2

The payment schedule detailed within the Contract shall form part of these Terms & Conditions.

4.3

Where staged payments are specified, such payments shall become due immediately upon the relevant milestone being achieved.

4.4

Final payment shall become due immediately upon practical completion of the installation.

4.5

The existence of minor defects, adjustments or snagging items shall not entitle the Customer to withhold payment.

4.6

The Company reserves the right to charge statutory interest and recovery costs on overdue accounts.

5. Installation Dates

5.1

Any installation date provided by the Company is an estimated installation date only.

5.2

The Company shall use reasonable endeavours to meet agreed installation dates but shall not be liable for delays arising from:

  1. a)Manufacturer delays;
  2. b)Supply chain disruption;
  3. c)Adverse weather conditions;
  4. d)Labour shortages;
  5. e)Site conditions;
  6. f)Circumstances beyond the Company's reasonable control.
5.3

Delays shall not entitle the Customer to cancel the Contract or claim compensation unless otherwise required by law.

6. Access and Site Preparation

6.1

The Customer shall provide safe and unobstructed access to all working areas.

6.2

The Customer shall remove furniture, ornaments, curtains, blinds, valuables and personal possessions from the working area prior to commencement of installation.

6.3

Whilst reasonable care shall be taken, the Company accepts no liability for damage to items not removed from the working area.

6.4

The Customer shall ensure that suitable electrical power is available during installation where required.

7. Removal of Existing Products

7.1

Removal of existing windows, doors, garage doors and associated materials may expose defects that were not reasonably visible during survey.

7.2

Such defects may include, but are not limited to:

  1. a)Rotting timber;
  2. b)Corroded steelwork;
  3. c)Defective lintels;
  4. d)Structural movement;
  5. e)Damp;
  6. f)Inadequate support;
  7. g)Concealed services.
7.3

Any remedial works required as a result of such conditions shall constitute additional works and may be subject to additional charges.

8. Making Good

8.1

The Company's installation service includes standard making good directly associated with the installation process.

8.2

The Contract does not include:

  1. a)Redecoration;
  2. b)Plastering beyond minor localised repairs;
  3. c)Tiling;
  4. d)Flooring repairs;
  5. e)Structural alterations;
  6. f)Electrical works;
  7. g)Specialist finishing works;

unless expressly stated within the Contract.

9. Ownership of Goods

9.1

Ownership of all goods supplied shall remain vested in the Company until all monies due under the Contract have been paid in full.

9.2

The Company reserves the right to recover unpaid goods where lawful to do so.

10. Guarantees

10.1

Product guarantees shall be provided in accordance with the relevant manufacturer's warranty.

10.2

The Company's workmanship guarantee shall apply only to installation works carried out by the Company.

10.3

Guarantees shall become effective only upon payment of all sums due under the Contract.

11. Customer Cancellation

11.1

The Customer may have statutory cancellation rights where the Contract is entered into away from the Company's business premises.

11.2

Where applicable, cancellation rights shall be governed by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

11.3

Following the expiry of any applicable cooling-off period, or where the Customer has expressly requested manufacture to commence, cancellation charges may apply.

11.4

Where products have been manufactured, ordered, customised or otherwise committed by the Company, the Customer shall be liable for all costs reasonably incurred by the Company up to the date of cancellation.

11.5

Bespoke and made-to-measure products cannot be returned once manufactured except where defective.

12. Snagging and Remedial Works

12.1

Any defects, omissions or snagging items identified upon completion shall be recorded by the Company and rectified within a reasonable period.

12.2

The existence of minor snagging items shall not constitute grounds for withholding payment.

12.3

The Customer shall provide reasonable access to enable remedial works to be carried out.

12.4

The Company shall not be liable for defects arising from third-party interference, misuse or unauthorised alterations following installation.

13. Glass and Glazing

13.1

All glazing shall be inspected by the Customer upon completion of installation.

13.2

Any concerns relating to glass quality, scratching, visual defects or manufacturing defects must be reported within fourteen (14) days of installation.

13.3

Glass shall be assessed in accordance with relevant industry standards and viewing criteria.

13.4

The Company shall not be responsible for accidental damage, impact damage or breakage occurring after installation has been completed.

13.5

Condensation on the external surface of glazing is a natural occurrence and shall not be considered a defect.

14. Customer Maintenance Obligations

14.1

The Customer shall maintain products in accordance with any maintenance guidance supplied by the Company or manufacturer.

14.2

Failure to undertake reasonable maintenance may invalidate applicable guarantees.

14.3

Hardware, moving components, hinges, locks, mechanisms and weather seals may require periodic adjustment or maintenance during their service life.

15. Force Majeure

15.1

The Company shall not be liable for any failure or delay in performing its obligations where such failure or delay results from circumstances beyond its reasonable control.

15.2

Such circumstances include, but are not limited to:

  1. a)Adverse weather conditions;
  2. b)Flooding;
  3. c)Fire;
  4. d)Industrial disputes;
  5. e)Supply chain disruption;
  6. f)Material shortages;
  7. g)Government restrictions;
  8. h)Acts of God;
  9. i)Pandemics or public health emergencies.
15.3

In such circumstances, the Company shall be entitled to a reasonable extension of time for performance.

16. Photographs and Records

16.1

The Company may take photographs of products and installations before, during and after installation for quality control, record keeping and warranty purposes.

16.2

The Company shall not publish photographs identifying the Customer or property owner without consent.

16.3

The Customer may separately grant permission for the use of photographs for marketing purposes.

17. Customer Complaints Procedure

17.1

Any complaint relating to products or installation works shall be submitted to the Company in writing.

17.2

The Customer shall provide reasonable details of the issue together with supporting photographs where appropriate.

17.3

The Company shall be afforded a reasonable opportunity to inspect and, where applicable, remedy any defect before the Customer engages third parties.

17.4

The Company shall not be liable for costs incurred by the Customer through third-party contractors unless expressly authorised in writing.

18. Limitation of Liability

18.1

Nothing within these Terms shall exclude liability for death, personal injury, fraud or any liability which cannot lawfully be excluded.

18.2

Subject to Clause 18.1, the Company's liability shall be limited to the repair, replacement or rectification of defective products or workmanship.

18.3

The Company shall not be liable for indirect losses, consequential losses, loss of profits, loss of revenue or loss of enjoyment.

19. General

19.1

If any provision of these Terms & Conditions is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

19.2

Any failure by the Company to enforce any provision of these Terms & Conditions shall not constitute a waiver of its rights.

19.3

These Terms & Conditions, together with the Contract & Order Form and any attached specifications, constitute the entire agreement between the parties.

20. Governing Law

20.1

This Contract shall be governed by and construed in accordance with the laws of England and Wales.

20.2

Any dispute arising from the Contract shall be subject to the exclusive jurisdiction of the courts of England and Wales.

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