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TERMS AND
CONDITIONS
1. All terms
of the contract between the Purchaser and the Company are contained
in this document. No representations or warranties are made or
given by the Company save as appear herein and in particular no
guarantees or warranty is given that the installation will reduce,
eliminate or be free from condensation. No variation of or addition
to the work specified inthe Schedule overleaf shall have effect
unless agreed in writing under the signature of a duly authorised
officer of the Company, INVICTA WINDOWS LIMITED.
2. Take notice
that pursuant to the Consumer Credit Act 1974, you have the right
to cancel your order within 5 clear days. If you wish to cancel
your order you may do so by sending notice of cancellation to
the Company.
3. Although
time for delivery is not of the essence of the contract, the delivery
period quoted is that anticipated at the time of order and INVICTA
WINDOWS LIMITED. will make every effort to maintain quoted time.
4. The customer
will accept delivery, or provide reasonable access to enable installation
to be completed as soon as advised that the unit is ready and
will notify INVICTA WINDOWS LIMITED. of a suitable appointment
on being advised that the unit is available. If within 28 days
of such advice an appointment has not been fixed, the balance
of the purchase price is then due and payable.
5. The balance
payable on completion referred to overleaf shall be paid to the
Company upon delivery of the installation or upon the fixing of
the installation being completed where fixing is part of the Contract.
Payment shall be in cash or by way of cheque or money order payable
to INVICTA WINDOWS LIMITED. The purchaser shall not be entitled
to withhold payment by reason of any alleged minor defect. The
Company will investigate any alleged defect after payment in full
of the balance payable on completion. When payment is not made
on due date in accordance with this condition, the Company shall
have the right to require payment of interest on the outstanding
amount at a rate of 2.5% per month from the due date until the
date of actual payment. Failure to comply will result in termination
of guarantee.
6. It is impossible
to install replacement windows and doors without minor defect.
7. All glass
used is the best obtainable, but INVICTA WINDOWS LIMITED. will
not give guarantee against minor imperfections which is not given
by the glass manufacturer.
8. No undertaking
can be given to remove existing doors and frames for re-use.
9. Representatives
and showroom samples are used to demonstrate a typical window
and its composition. Window(s) and door(s) shown in the Schedule
overleaf will be measured and manufactured in the way considered
suitable by the Company and pursuant to the Company's policy of
continuous improvement to its products it reserves the right to
make any necessary modifications.
10. The Company
will make good any damage caused in the course of installation
to plaster, floor, rendering or brickwork immediately surrounding
any window or door installed but does not undertake to provide
matching ceramic or other tiles or specialised finishes such as
tyrolean or pebble-dash, or to avoid damage to surrounding wallpaper
or paintwork or to remove intact any panes of glass or frames
from old windows required to be retained by the purchaser. The
Company accepts no responsibility for any damage done by the Company
for which it may be liable under these terms and conditions, claims
must be made in writing to reach the Company within 14 days of
installation in default of which the Company will accept no liability
thereof.
11. Upon full
balance paid, our 10 year guarantee will be issued (10 years on
frames, discolouration, glass units). Moving parts as per manufacturers
guarantee. Guarantee is fully transferable providing the company
is informed of new ownership in writing 2 weeks after moving in
together with cheque for £25.00 for administration
12. Upon the
signing by the Purchaser and a duly authorised representative
of the Company of the form of acceptance overleaf a binding contract
will be created in respect of the order, details of which are
given overleaf and such contract shall not be subject to cancellation
by the Purchaser although the Company reserves the right to cancel
any order by refunding all monies paid upon receipt of an unsatisfactory
survey report from its Surveyor or in the event of unsatisfactory
credit references being obtained in respect of the Purchaser.
Without prejudice to its right to claim damages for breach of
contract the Company may at its sole discretion in appropriate
cases agree to the cancellation of an order by the Purchaser upon
the payment to the Company of all expenses incurred by it prior
to the date of cancellation. The goods remain the property of
the Company until fully paid for.
13. If the
work specified is not completed within the delivery period quoted
to the Purchaser the Purchaser may serve notice on the Company
requiring that the work be completed within such reasonable period
as the Purchaser may specify (in general the Company would accept
six weeks as being reasonable). If the works are not completed
within such extended period the Purchaser may cancel the uncompleted
work covered by the Contract by the service of written notice
to that effect on the Company. Notwithstanding the foregoing (i)
the Company shall not be liable for any delay in the completion
of the work which arises from causes beyond the reasonable control
of the Company and in the event that time has been of the essence
of the Contract, time shall not run during any period when delay
on that account is operating and (ii) cancellation of any uncompleted
work shall be without prejudice to the Purchaser's liability to
pay for the work as has been completed.
INVICTA WINDOWS
LIMITED
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