1 Quotations and Orders
1.1 Unless specified otherwise, our quotations are valid for a period of 60 days, after which time we reserve the right to re-quote. VAT is applied at the current standard rate.
1.2 Prices quoted are subject to a site survey unless specified otherwise.
1.3 Your order is officially confirmed once we have received your deposit, and you are thereby agreeing to comply with our Terms and Conditions.
1.4 It is your responsibility to ensure the accuracy of the description of the goods and services set out in our Customer Order Summary, which includes CAD drawings and specifications, which is supplied for your approval after the final survey, where applicable, and prior to manufacture, and to inform us of any amendments required, in writing, to email@example.com and/or SPS Timber Windows, 23 Wates Way, Mitcham CR4 4HR. Manufacture will not commence until drawings and specifications have been approved by you in writing.
1.5 If you instruct us to carry out any amendments to the specifications detailed in our quotation and/or Customer Order Summary, these amendments may incur additional charges. We would inform you in writing of any additional charges.
1.6 If the supply of goods or services is interrupted or delayed by you, we reserve the right to increase the price to reflect any additional time our tradesmen are engaged in providing the services.
1.7 If scaffolding is required, we would aim to include an estimate in your quotation. If it only becomes apparent on the final site survey that scaffolding is required, you would be notified in writing of the additional cost. The scaffolding will not be alarmed, unless you specifically request that it is, for which extra charges would apply. Scaffolding is provided for the sole use of SPS Timber Windows employees and cannot be accessed by others without written permission from our scaffolding contractor. Extra charges may apply for the scaffolding to be accessed by others.
1.8 Computer Aided Design (CAD) elevation type drawings of the proposed goods are supplied for your approval prior to manufacturing commencing. If additional section drawings or multiple permutations of designs are required, extra charges may apply and will be quoted for accordingly. SPS Timber Windows own the copyright on all the drawings we produce. The drawings can only be used by SPS Timber Windows. If the job is cancelled subsequent to us producing scaled drawings, a charge for the designs will apply.
2.1 Any survey we carry out is not a full structural survey of your property and will relate only to the installation of the goods we are to supply and / or install, as well as can be reasonably carried out from a non-destructive inspection.
2.2 Our prices are calculated on the assumption that your property is structurally sound and that there are no factors that would make our performance of the contract more difficult than might reasonably be anticipated at the time you accept the contract. Although every effort is made to identify any problems or additional associated works which may be required, a building may occasionally have hidden defects, which may necessitate additional work and for which extra charges may apply. Any additional timbers or structural components abutting, adjoining or adjacent to the goods which you instruct us to replace or which must be replaced in order to install the goods, including but not limited to timber, brick, concrete, stone, masonry lintels or external sills, cornice detail above windows, gable end facia boards, timber panelling plus any lead flashings which have not been specifically detailed to be replaced in the quotation or subsequently agreed on the final survey, may be regarded as “unforeseen/extra works”. Any unforeseen/extra works would be carried out only with your authorisation and acceptance of the estimated cost.
2.3 If any technical problems are identified that make the manufacture or satisfactory installation of the goods materially more difficult or more costly than we could reasonably have anticipated at the date of the contract, we will inform you of such problems as soon as is reasonably possible following the survey. In such circumstances we reserve the right to cancel the contract or to increase the price by giving you notice in writing to reflect our additional costs or additional work required. If we inform you of an increase in the price, you have the right to cancel the contract within 7 days of receiving such notice. Please refer to 9. Cancellation of the Contract.
2.4 If any technical problems with your property are discovered at the time of installation of the goods, which were not nor could reasonably have been found during our survey, we reserve the right to increase the price to cover any additional work required as a result and would inform you of the increase in writing. If we give you notice of an increase in the price under this clause, you have the right to cancel the contract but you will be obliged to pay us for any services already performed and any goods that have already been installed or manufactured in preparation for installation pursuant to the contract and you will be obliged to take delivery of those goods at your property. We will be entitled to retain the deposit and any interim payments by way of payment or part-payment of any amount due from you to us.
2.5 The final measurements will be taken from opening sizes available to us at the time of the site survey, if applicable. If openings are to differ from the existing, or the openings are to be newly formed, we must be informed in writing (firstname.lastname@example.org and/or SPS Timber Windows, 23 Wates Way, Mitcham CR4 4HR), prior to manufacturing commencing. We cannot accept responsibility for incorrect sizes if opening sizes are changed subsequent to our final survey being carried out, if applicable, and we have not been informed of these in writing.
2.6 Where you have instructed us to manufacture goods without a site survey, you will be required to approve in writing the designs, layouts and dimensions detailed in the Customer Order Summary. In these circumstances, you will take full responsibility for the measurements and specifications detailed and we cannot be held responsible for incorrect supply if the manufactured goods match those detailed on the Customer Order Summary.
3 Private Work
3.1 Our employees are not permitted to carry out any extra or private work for you, either before, during or after our works have been completed, unless specifically authorised by SPS Timber Windows’s Managing Director in advance. These extra works will either be quoted for or charged out at an hourly rate. The hourly rate is dependent on which trade is required.
4 Price and Payment
4.1 Unless stated otherwise, the price takes into account any discount, rebate or offers. You will not be entitled to any reduction in price if we make any promotional offers on goods and services after the date of the contract.
4.2 Unless stated otherwise, we will require a deposit of 25% of the total job value to confirm your order. On receipt of your deposit, your order will be entered into our ordering system and you will be sent an order confirmation and a deposit indemnity letter from The Glass and Glazing Federation (GGF).
4.3 Unless stated otherwise, on contracts over £20,000.00 + VAT, we will require an interim payment when the goods have been manufactured and are ready for delivery. If we have agreed to store the goods, we will still require the interim payment to be made immediately and for the balance to be paid in full within 7 days of storage commencing.
4.4 Unless stated otherwise, payment of the balance of the price is due on the day of installation of the goods. In the case of supply only, payment of the balance of the price must be received by SPS Timber Windows by the day of delivery.
4.5 If, with your agreement, the goods are installed or supplied in phases, payment for each phase must be received by SPS Timber Windows on completion or delivery of that phase.
4.6 Payments can be made by BACS, cheque, credit card or debit card (most cards accepted, including Visa, MasterCard, Switch, JCB and Solo). Credit or debit card payments should be made by calling SPS Timber Windows on 020 8640 5035. Cheques should be made payable to “SPS Timber Windows”.
4.7 Until further notice, a transaction charge of 2% of the invoice value will automatically apply to credit card payments. This charge does not apply to debit card, cheque or BACS payments.
4.8 If you fail to pay any sum owed to us under the contract by the date it falls due then without limiting any other right or remedy available to us, we may:-
4.8.1 cancel the contract or suspend any further deliveries of goods or the provision of services to you, but such cancellation or suspension shall not obviate your obligation to make payment under the contract;
4.8.2 use any payment made by you for any goods or services supplied under any other contract between you and us either towards a payment due under this contract or otherwise towards any other debt owed by you to us as we see fit; and charge you interest on such outstanding sum from the due date for payment at the annual rate of 3% above the base lending rate of Barclays Bank plc, accruing on a daily basis until payment in full is made, whether before or after any judgement.
4.9 SPS Timber Windows guarantees are issued and are valid once the final balance payment has been received in full.
5 Delivery of Goods
5.1 We will use all reasonable efforts to meet delivery dates we set out on the contract but any such dates and times are intended to be estimates only.
5.2 Where scaffolding is required, this will normally be erected one or two days before the fitting commences by a specialised contractor. The contractor will be given your contact details, and/or their details will be given to you so that a mutually convenient time can be arranged. Once the works have been completed, the scaffolding will be removed within approximately 7 days of completion of the works. We are not able to specify an exact time for erection and removal of the scaffolding in advance. The scaffolding contractor will require access as required for the safe installation of the scaffolding.
5.3 We will not be liable for any loss or damage resulting from a delay in the delivery of the goods in circumstances where there is no breach of a legal duty of care owed to you by us or by any of our employees or agents; or such loss or damage is not a reasonably foreseeable result of any such breach; or the loss or damage results from a breach by you of any term of the contract.
5.4 You agree to allow us access to your property to deliver the goods and provide the services as soon as practicable after you have been advised that the goods are ready. If you have not given us access to your property for this purpose within 7 days of being informed that the goods are ready for delivery, then, without affecting any other rights we may have, you must immediately pay the whole of the outstanding balance of the price. We will be entitled to recover from you any reasonable losses, costs and expenses we incur as a result of your failure to take delivery of the goods including, without limitation, any costs of storage of the goods.
5.5 If we have agreed to store the goods, we will require the balance to be paid in full within 7 days of storage commencing.
6 Preparation for Installation
6.1 You will be responsible at your own expense for the removal, replacement and/or alteration, if required, of any fixtures and fittings or other items that we require to be moved in order to install the goods and supply the services including but not limited to curtains, shutters, grills, blinds, pelmets, and soft furnishings, the lifting and refitting of carpets, the repositioning of telephone or burglar alarm fittings and any other electrical connections, aerials, gas or water installations.
If you do not comply with this requirement under clause 6.1 we reserve the right to postpone or suspend the supply of the services until you have done so and to charge you for time lost by our fitters in attending your property and being unable to work.
6.2 If you require our fitters to move any such items on your behalf, this may result in an increase in the price to cover our additional time spent in doing so. We will notify you of any such increase before our fitters move any such items unless it is impractical to do so without delaying the supply of the goods and services. If our fitters move any of your items they will use all reasonable care and skill to do so.
7 Specifications of Goods and Services
7.1 Unless specified otherwise, our work will conform to the specifications provided in our Customer Order Summary.
7.2 Generally, very little damage is caused to the internal decoration of frame surrounds. Where there is a small amount of damage, the area is filled, sanded and painted to c. 50 mm with white emulsion or paint supplied by client. Additional charges will apply for the supply of coloured paint. Colours are matched as closely as possible to existing paintwork but an exact colour match cannot be guaranteed. Where wallpaper is frayed or damaged, every effort is made to make good but wall papering of these areas is not included. Our quotations do not include any additional decoration or papering to wall papered areas, unless specified otherwise.
7.3 You are responsible for ensuring that your property is structurally sound, in good condition and free from material defects. We cannot be held responsible for any damage caused or extra work required if this is not so.
7.4 We will take all reasonable care to keep intact any panes or frames from old windows and doors and any secondary glazing that you tell us you wish to retain but such items are fragile and prone to breakage on removal. Accordingly we will not be liable for any damage or total loss of such items during or following their removal unless caused directly by our negligence.
7.5 Whilst original designs and features are matched as closely as practically possible, an exact like-for-like replication cannot be guaranteed, particularly when replacing single-glazed with double-glazed installations where the incorporation of sealed double-glazed units, integrated locking systems and draught seals have to be allowed for.
7.6 SPS Timber Windows have a policy of continuous improvement. We may therefore amend our specifications at any time.
8 Risk, Title and Insurance
8.1 Risk of damage to or loss of the goods shall pass to you at the time of delivery of the goods to your property. It is your responsibility to insure the goods from the time they are delivered to your property.
8.2 Ownership of the goods will pass to you once we have received payment in full from you. Until then, the goods remain our property but that will not prevent us from recovering payment from you of any amounts due under the contract.
8.3 Any guarantee and/or warranty will only be validated and activated once full payment of the contract(s) has been received by us.
9 Cancellation of the Contract
9.1 You may cancel the contract by giving us written notice no later than 7 days after the final survey, or prior to provision of the Customer Order Summary.
9.2 If you cancel the contract once we have received your deposit and have provided a Confirmation of Order and receipt, a cancellation charge of £150.00 will apply plus the cost of any works that will have been carried out or materials that will have been ordered for your order. We will return your deposit to you less the cancellation charge and the cost of any works and/or materials.
9.2.1 If you do not exercise your right to cancel under clause 9.1, you have no right to cancel the contract under this clause unless we agree to cancel the contract at your request, in which case you must pay, in addition to the cancellation charge of £150.00, any reasonable losses and costs we incur because of your cancellation, including (without limitation) any survey, design and manufacturing costs and any loss of profit and we will be entitled to retain part or all of your deposit and / or interim payment to cover any such losses and costs.
9.3 If the goods or services are sold or provided in phases, each phase shall be a separate contract and no cancellation or termination of any other contract relating to a phase shall entitle you to repudiate or cancel this contract or any other contract relating to another phase.
10 Limitation of Liability
10.1 The following provisions set out the limits on our liability, including any liability for the acts or omissions of our employees, agents and sub-contractors, to you in respect of any breach of the contract or these conditions, any use made by you of any of the goods, or of any product incorporating any of the goods; any representation, statement or act or omission of the company including negligence arising under or in connection with the contract.
10.2 The guarantees attached to the quotation are the only guarantees given to you by us in relation to the goods and services. All other representations, warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by the Laws of England, excluded from the contract.
10.3 We will not be liable to you for any pure economic loss, loss of profit, loss of business or depletion of goodwill whether direct or indirect, or for any loss or damage which was not reasonably foreseeable or contemplated by us at the date of the contract.
10.4 If the performance of our obligations under the contract is prevented or delayed by any act or omission of yours or your agents, subcontractors, consultants or employees, we shall not be liable for any costs, charges or losses sustained or incurred by you arising directly or indirectly from such prevention or delay.
10.5 Our liability for any breach of the contract or negligent act or omission or any other claim you may have against us relating to the contract shall be limited to reimbursing the price (or that part of the price that has been received by us).
11 Our insurance:
11.1 Our insurance policy is with QBE Insurance (Employers Liability, £10,000,000 and Public and Products Liability, £2,000,000). Policy number Policy number BNUCC36288844. A copy of our insurance policy is available on request.
12 Your Obligations
12.1 In order for us to perform our obligations under the contract you will, at your expense:
12.1.1 comply with our reasonable requests relating to the supply of the goods and the services, including but not limited to any requests relating to compliance with health and safety rules and regulations;
12.1.2 Provide our employees with access as reasonably required to power supply and washing and toilet facilities at your property;
12.1.3 Prepare and maintain your property for the delivery of the goods and the supply of the services (including identifying, monitoring, removing and disposing of any hazardous materials from your property in accordance with all applicable laws, before and during the supply of the services); inform us of all health and safety rules and regulations and any other reasonable security requirements that apply at your property; obtain and maintain all necessary licences and consents, including but not limited to planning permissions, listed building consent, building regulations consent, and comply with all relevant legislation in relation to the supply of the goods and services.
12.2 If at your request we manufacture and/or supply the goods and services prior to you obtaining any of the licences or consents referred to in clause 12.1.3, you will have to pay the price of the goods and services even if any such licences or consents are subsequently not granted.
13.1 We may assign the contract or any part of it to any person, firm or company provided your rights under the contract will not change as a result of such assignment. You shall not be entitled to assign the contract or any part of it without prior written consent from us.
14 Force Majeure
14.1 We will not be in breach of our obligations under the contract if we are prevented from or delayed in the carrying on of our business or the performance of our obligations under the contract by any circumstances beyond our reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes, whether or not relating to either party’s workforce, or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, provided that, if the event in question continues for a continuous period in excess of 60 days, you will be entitled to give notice in writing to us to cancel the contract.
© SPS Timber Windows 2016