Windows & Doors Terms & Conditions

1. The terms and conditions of this contract are designed to ensure the completion to the satisfaction of the customer of the contract. Nothing in these terms and conditions will reduce your statutory rights.

2. All parties noted on the contract and subsequent technical survey documents as customers, are jointly and severally responsible/liable for the acceptance, conclusion and verification of the substance of this contract, including but not limited to the details expressed on all documents. All customers must read the Terms and Conditions. All contracts are given a preliminary assessment by the company's internal technical team. The company reserves the right to decline from accepting the contract at this stage and any deposit paid will be refunded in full. No liability is accepted by Brackenwood Windows Limited where the specification of the product, size, colour, shape or operation, as detailed in writing on any company document signed by any customer, is challenged to be different by the customer post-technical survey. The technical survey will be completed by our surveyor. Any changes to the original contract will be noted on the surveyor’s documentation and supersedes such detail on the contract. The surveyor’s documentation forms part of the contract between both parties and is the final technical stage before the manufacturing and installation process. No changes to the specification can be made after this point.

3. This contract is between the company and the customer and shall be binding upon the parties. Where glazed items are being installed, these will be double glazed units, triple glazing is not an option. Placing such a contract will require a commitment of time from the customer. To fully expedite the contract, we will need to send a surveyor to your property followed in due course by the installation team and, if necessary, any follow up visits to complete snagging. The process of survey, installation and snagging is a necessary part of the contract you are placing and as such will require you to be at your property during working hours for us to facilitate all parts of the process, at no point do Brackenwood offer or agree to compensate you for such time required even if the project is delayed for any reason whatsoever. Snagging does not entitle the customer to retain the installation balance, please refer to Clause 8a.

4.a. The ‘company’ shall be Brackenwood Windows Limited.

b. The ‘premises’ shall mean the property at which the installation is to take place.

c. The ‘customer’ shall be the person or persons placing the contract with the company.

5.a. Whilst our sales personnel are proficient at planning and designing, they are not technical experts (refer to Clause 2) and, as such, a Surveyor will need to call to ascertain the feasibility of the installation referred to in the contract, where possible, the surveyor will be accompanied by the sales person. This is not a general survey of the premises. This is a technical inspection and relates to the building and installation of the structure detailed on the contract and in accordance with any survey documentation. This inspection may require access to your property for the completion of SAP calculations and/or planning permission. Defects or damage existing before the installation or any damage arising thereafter to the premises are not the responsibility of the company. The technical survey is a surface survey and, unless the surveyor expects a ground issue, will not include any deep penetration and exposure of the ground conditions.

b. The company reserve the right to make such modifications to the work as the surveyor considers appropriate, subject to such modifications being detailed on the surveyor’s documentation which may include an Amendment to Order (ATO). All documentation will be authorised and signed by the customer. It is the customer’s responsibility to make sure that they fully understand the scope of all and any changes that they are signing for. The company accepts no responsibility where the customer, at a later stage, makes such representations of either not understanding or being unaware of the changes being proposed and agreed by them in writing. Any change to the contract price will be agreed between the customer and surveyor and is payable together with the Survey Stage Payment. Where the customer and surveyor are unable to agree the amendment price, the surveyor will complete the survey and return the contract to the Brackenwood office. At this point the contract will be “on hold” and will not progress further until a new price has been agreed between all parties. Failure to agree a new price within seven days of the technical survey will result in the cancellation of the contract. If the customer has used funding to facilitate the contract and wishes to add the additional cost to the finance agreement, the whole funding application will need to be started from afresh with new values, this will delay the installation process whilst the changes are facilitated.

c. Where it is necessary to evaluate the ground conditions on the recommendation of the surveyor, a test hole will be dug for which a fixed cost of £300 including VAT will be payable by the customer. If the surveyor deems this necessary, the surveyor will create an ATO and take the payment for the test dig at the point of survey.

d. Where extra depth footings, ie. "a deep dig", are required due to ground conditions, this is limited to a footing depth of 1.5 metres. If it is determined by Building Control, or ground conditions that could not be identified by a test dig, that the footing is required to be deeper than 1.5 metres this will incur additional costs at the customer's expense.

e. Where changes to the contract are required at point of survey, or prior to the commencement of works, that could not have been reasonably foreseen which result in additional cost to the customer, the customer has the right to decline from proceeding and withdraw from the contract and will be entitled to a full refund less the cost of the survey, which will not exceed 5% of the gross contract value, and any material costs incurred by the company.

f. During the technical survey it is not always possible to expose all additional works that may affect the project. Further additional works that may arise once works have commenced will be brought to the customer’s attention immediately and a proposal to rectify will be given to the customer. At this stage all works will stop until both parties have agreed the route forward. Where the customer is using finance to fund the project, additional costs cannot, at this point, be added to the funding agreement and will require immediate payment by credit or debit card. It would be unfair to expect either the customer or the company to bear the full cost of these works, so in these circumstances, the company will provide a cost, free from profit, to facilitate the unexpected works. The company accepts no liability for additional works arising after completion of the technical survey which could not have been reasonably foreseen.

g. During the survey process, it may be necessary to remove external and internal trims to ascertain the exact manufacturing size of the new products. Additionally, it may be necessary to remove external render and/or interior plaster to investigate the existence of, or need for, overhead supports. Whilst every care is taken to minimise the nature of these works, they are ultimately invasive. Generally, any damage created during this process will be rectified during the installation process. Where plasterboard or render is damaged as part of the technical survey, these areas will be made good. Making good is a patch repair of that damage and does not include final finishing such as rubbing down, painting or repair to wallpaper; these elements of repair are solely the responsibility of the customer. If you cancel your contract before the installation of your product and the survey has already been completed, you alone will be responsible for the rectification of any investigative works completed to ascertain the manufacturing sizes.

h. Where changes to the contract are required after the commencement of works that could not have been reasonably foreseen until works commenced which result in additional cost to the customer, the customer has the right to decline from proceeding and withdraw from the contract. In this instance the company will make a charge for the works completed and will return the site to the customer in as best a condition as possible. It will not be possible to return grass or patios to their original state or to reinstate structures which have been demolished such as patios, extensions or conservatories in pursuit of fulfilling the contract and the company accepts no liability for replacement of such items and does not offer compensation in such situations. The company takes every precaution to ensure that due diligence has been taken on every project; however there can be situations which arise that are out of our control.

6.a. The delivery/installation date quoted will run from the date of the completed technical survey unless the contract is financed or is subject to planning permission or as a result of unresolved questions, queries or ATOs. In such cases the period will run from the date that confirmation of approval of the loan/planning permission is received by the company and/or any unresolved questions, queries or ATOs are settled.

b. Following the technical survey the customer will be given a proposed installation date. The company reserves the right to change this proposed date by giving the customer notice in writing. It may be necessary to change the date at very short notice in instances that are beyond the control of the company. The customer is not entitled to any compensation in such instances. The company will complete the works within an eight-week period from the first day of commencement of works. On larger projects or projects that are complex, the company’s Project Manager will provide an estimate of the works duration to the customer in writing. This estimate is not binding and works may be prolonged. It is not in the interest of the company or the customer to prolong any works and the company endeavours to complete all projects in a timely fashion. Once works have commenced if the customer delays the installation the customer will be immediately responsible for paying all outstanding balances or signing the funding satisfaction note. The customer should not schedule any other works at the property which are dependent upon the intended installation date. The company are not responsible for delays or loss of work hours and/or holidays as a result of delays beyond its control and no claim by the customer for consequential losses will be accepted by the company.

c. Installations are booked to fit the company fitting schedule, the customer will be given an installation date which will fall during the estimated delivery period. If the customer rejects this date the company will give an alternative date which could be out with the agreed estimated delivery period.

d. Where the customer has not accepted the installation date, the company agrees to store the goods at no cost to the customer, but will require the payment of all outstanding monies.

e. The company will commence and complete the works as soon as is reasonably practicable unless prevented from doing so for reasons beyond its control. No compensation will be given in respect of delayed or missed installations where the company could not have reasonably avoided the delay. Delays such as illness, traffic, weather, building conditions, building materials, unforeseen installation complications, natural disasters, human infections are some but not exclusive reasons why a delay may occur.

f. Upon notice that the goods are ready for installation by the company, the customer shall allow access to the premises as soon as the company shall reasonably require. The customer is required to allow access to the property to complete the installation within the agreed estimated delivery period, if access is not granted, refer to Clause 6d.

g. It is essential that the customer is available on site on a daily basis during the course of the project.

7.a. The company does not undertake to move services, fixtures or fittings which are ancillary to the basic structure of the property e.g. radiators, pipes, electricity, telephone, doorbells and television cables, satellite cables and receivers, curtains, blinds or any other window fitting unless specifically stated in the contract. Every endeavour will be made to fit around telephone, television and satellite cables and receivers but regrettably no responsibility will be accepted for any damage caused.

b. The company does not agree to match existing finishes and will not be liable for non-matching due to weathering of existing materials and cannot guarantee the matching of external specialist finishes such as pebble-dashing, brick or similar material. When variations occur in existing plaster lines the company cannot guarantee that equal subframe will be visible all round.

c. The company will make good any damage caused in the course of installation to plaster, floor, rendering or brickwork within 100mm of any window or door installed, but the company cannot guarantee the avoidance of superficial damage beyond the 100mm detailed above to surrounding plaster, wallpaper, paintwork and tiles within the same area. This includes any damage to tiles and plaster fractures. The making good of such damage is the responsibility of the customer.

d. The company cannot undertake to remove intact any existing glass, frames or secondary double glazing units or guarantee to remove or replace existing secondary double glazing units without damage. The responsibility of the above items lies with the customer.

e. All materials removed during the course of installation will be cleared from site and cannot be retrieved thereafter. If any materials are required to be retained (note Clause 7d) this must be clearly stated in the contract and will be the responsibility of the customer to arrange such operations.

f. Building a conservatory/extension may require construction of a new base, this will mean the excavation of trenches which will result in the area surrounding the build being disturbed. Areas such as gravel, grass, plants, bushes, shrubs, trees and patios will not be free from the effects of construction and as such, unless detailed on the contract for replacement, will be the responsibility of the customer to make good post installation. The company takes all reasonable measures to protect these areas but does not guarantee or take responsibility for returning them to their original condition.

8.a. Our representative is authorised to accept a card payment with this contract as a deposit. Further payments should be made to the company in accordance with the stage payments detailed on the contract document. The final payment will be collected by the installer. Such further payments become immediately due and payable at each stage unless personal loan facilities are agreed. Snagging may be necessary after the initial installation; the customer may retain up to £100 of the contract value until the snagging has been completed. Installation balances must be paid with a debit or credit card, which our installer will phone through to our processing centre. It is the responsibility of the customer to obtain a receipt. Please note we do not accept cash payments.

b. If any payment is not made on the due date the balance will, without prejudice to any other right or remedy available to the company, become subject to interest on the amount unpaid at the rate of current Bank Base Rate + 2%. The customer’s failure to pay the balance on substantial completion will constitute a breach of this contract.

c. VAT will be payable by the customer at the appropriate rate, i.e. that in force at the time the invoice for the works is raised.

9. Any illustrations in the company’s catalogues, brochures or similar written material and/or website are for the customer’s guidance only. Displays in our showrooms are for guidance only. Consumers’ rights to expect goods which match their description are not restricted.

10.The guarantee rights set out below are offered in addition to consumer’s legal rights, and do not restrict them.

Frames are guaranteed for ten years from the date of this contract against discoloration, cracking, splitting and weatherproofing. Glass sealed units are guaranteed for ten years against condensation forming between the panes. Glass breakage is not covered under this Guarantee. Roof tiles are guaranteed for ten years as being fit for purpose when subject to normal use. Gaskets and seals are guaranteed for ten years against complete failure. Handles, locks and hinges are guaranteed for ten years against mechanical failure and for 12 months against adjustments. The lacquer on door and window furniture is covered for 12 months against tarnishing and pitting. During the guarantee period the guaranteed items will be repaired or replaced (at the company’s option) free of component charges but subject to a labour charge after 12 months, provided that the company shall be under no liability under this guarantee, for Clauses 10 a, b, c, d, e, f, g and h below. Any guarantee offered by our suppliers/manufacturers for other products not listed above, including composite doors and building materials, will be passed on to the customer.

a. If the total price for the goods has not been paid; or

b. In respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the company’s maintenance instructions, misuse or alteration or repair of the goods other than by the company; or

c. In respect of failure to notify the company of any defect within seven days of occurrence, after such timescale parts and labour will be chargeable to effect a remedy as delays in notifying a claim under the guarantee may cause the defect to deteriorate unnecessarily; or

d. For problems or leaks caused as a result of storm damage or customer’s brickwork or insufficient or non-existing cavity trays; or

e. For minor surface marks or blemishes which are inevitable during manufacture and installation of windows or doors unless notified to the company within 30 days of installation at which time the industry standard “2 metre rule” will apply in the case of a dispute, i.e. if the mark or blemish can easily been seen with the naked eye from a distance of 2 metres away from the window/door the mark or blemish will be deemed as unacceptable and a free of charge repair or replacement will be arranged. A “3 metre rule” applies to Toughened, Laminated and all Coated Glass and treated as above.

f. This guarantee does not confer any right other than those expressly set out above and does not cover any claims for consequential loss or damage. If the customer calls out the company to claim under the guarantee but the damage or defect is not covered by the guarantee or other redress rights the company shall be entitled to charge the customer the reasonable cost of such call out. Apart from general maintenance, which is to be carried out by the customer, all other repairs must be undertaken by the company. Failure to adhere to this will result in the guarantee being invalid.

g. A slight haze may be apparent in direct sunlight through sealed units. This is a feature of low emission glass over which the company has no control or responsibility.

h. Where the company has completed structural works which includes a conservatory, single storey extension and/or conservatory roof replacement, before making any changes within the boundary of the property, the customer must seek professional advice. Such works include, but are not limited to, disturbing the ground, planting or removing trees, bushes and/or shrubs. It is the responsibility of the customer to seek advice from an independent structural engineer and/or an arboriculturist and to have such advice in a written form that states that the works will not have any adverse effects to the works completed by the company.

11.a. In the interest of efficiency when dealing with any query, written notice of such query must be given to the company.

b. The customer shall grant the company immediate access to the property to remedy any complaint for which it may be liable.

12. The customer is responsible for:

a. Obtaining any necessary planning, legal or other permissions prior to the installation, unless the company has agreed, in writing, to do this on behalf of the customer. Where the company is arranging planning, legal or other permissions the customer will be liable to pay the associated administration and statutory fees irrespective of whether the permission is granted or not. Where a customer is using funding to finance the full value of the contract, administration and statutory fees will be the responsibility of the customer even if permissions are not granted and will be required to be paid, by way of a cash lump sum, in advance of the application being made.

b. Where necessary, the removal or re-siting prior to installation of any pipes, cables, doorbells and satellite receivers and also to make any necessary arrangements with the regulatory authorities.

c. Making arrangements to remove and replace sensors or wiring on intruder alarms where installed.

d. Giving access to all mains services if required for the purpose of fulfilling the order and obtaining any permission so that the company’s workmen may gain access to adjoining properties for the purpose of carrying out the works.

e. The cost of any additional work rendered necessary to complete the installation as a result of failure of the customer or the customer’s sub-contractor to comply with the company surveyor’s specifications. In the case where a base is installed by the customer or the customer’s sub-contractor and where it has been constructed inadequately or incorrectly the company will not be held responsible for any subsequent loss or damage attributable to defects with the base.

f. Where the customer has chosen to keep an existing base, or has instructed the company to add on to an existing base, the company, under no circumstances, can guarantee the integrity of said base.

g. Damage to the works carried out or goods installed that is occasioned by the customer or the customer’s own sub-contractors carrying out any building or other works.

h. Final finishing, including but not limited to, painting and decorating, rendering, fitting of skirting and flooring.

i. Any necessary alterations to pelmets, blinds or curtains, tracks or poles.

j. Where the company has installed guttering as part of this contract, that guttering must be inspected and cleaned as a minimum every six months and any leaves, debris, etc. should be removed. Where guttering on the house is above any structure installed by the company, that guttering must be inspected and cleaned as a minimum every six months and any leaves, debris, etc. should be removed. Failure to inspect and clear guttering could lead to water ingress and therefore your guarantee will be void.

k. Treating with paint, varnish or stain any unfinished timber products supplied by the company, within two weeks of the installation being completed. Failure to treat unfinished timber will result in the Guarantee being void.

l. Maintenance of the product in accordance with the Company’s aftercare instructions which can be viewed on the company’s website at www.brackenwood.com.

13. The final preparation of the floor substrate, to include any priming or self-levelling, is the responsibility of the customer and their flooring contractor. The floor completed by Brackenwood will require further preparation before a final finished flooring is laid.

14. The company gives no warranty concerning the incidences, prevention or elimination of condensation following the installation of its products unless the condensation forms inside the cavity of the sealed units.

15. Where remedial works are required, regardless of the cause, the company does not accept any liability for the reinstatement of any decoration, furnishings, fitments or any other losses for any reason whatsoever.

16. Your attention is drawn to information regarding building works. This document is an important read and references what you should expect in terms of minor movement/settlement that could possibly result in superficial cosmetic cracks which are the responsibility of the customer. This information can be found at www.brackenwood.com/brackenwood-building-works-advice

17. Manufacture and subsequent installation will be carried out in accordance with specifications laid down in the fabrication manual issued by the systems suppliers, and installed in accordance with the Federation’s code of practice (a copy of which can be obtained either from the company or from the Federation).

18. If you have purchased a painted product the following aftercare instructions must be followed to validate your ten year guarantee. Clean your frames using a mild detergent, warm water and a soft cloth or sponge. This should be followed by fresh water rinsing. Under no circumstances should chemicals or abrasive materials be used. The cleaning interval should be determined by the amount of soiling and not exceed six months in a normal environment. If the frame has become damaged and touch-up materials are used, the areas coated in these materials are expressly excluded from the guarantee.

19. If you have purchased a painted product the following aftercare instructions must be followed to validate your ten year guarantee. Clean your frames using a mild detergent, warm water and a soft cloth or sponge. This should be followed by fresh water rinsing. Under no circumstances should chemicals or abrasive materials be used. The cleaning interval should be determined by the amount of soiling and not exceed six months in a normal environment. If the frame has become damaged and touch-up materials are used, the areas coated in these materials are expressly excluded from the guarantee.

20. The fitting of some switches and lighting may involve surface trunking.

21. Conservatory frame differs from window frame and will not match exactly.

22. Where possible we will connect to existing electrics but in the case where we have to connect and fit to a new fuse board, there will be an extra charge payable by the customer.

23. The company does not recommend the fitting of water fed radiators but if the customer requires such it is the customer’s responsibility to ensure that the boiler is capable of such additions.

24. Unless otherwise stated on this contract the price includes standard depth foundations to a maximum depth of 1,000mm. Where it is determined that additional depth foundations are required, an additional cost will be payable. This will be discussed with the surveyor or the company’s Project Manager. Depth foundation is determined by Building Control. The company are not liable for any error arising in foundation depth which has been provided in writing by Building Control.

25. Where Building Control advise that the existing soakaway is not fit for purpose a new soakaway will need to be installed which, if not provisioned for in the contract price, will require an additional cost.

26. Where fitting into “new build” prepared openings (that have not been built by the company) it is the customer’s responsibility to ensure that all damp proof membranes and cavity closers have been fitted correctly. The customer is responsible for checking the size of any product supplied for new build, that it fully complies with the prepared opening, this is NOT the responsibility of the company.

27. To view the company’s Complaints Procedure, GDPR Code of Practice, FCA Initial Disclosure Statement and Choice of Funding Options please visit www.brackenwood.com.

28. To transfer this guarantee please ask the new occupant to send their name and address to the company’s Head Office together with the date that they moved into the property. A £500 fee will be charged to cover administration costs, this will include an inspection before acceptance of Guarantee Transfer. Where the guaranteed product is not in a satisfactory condition as deemed by our inspection, we are under no obligation to accept the transfer. The transfer must be completed within six months of the completion date, Brackenwood will require proof of this date.

29. If any of these conditions are held to be invalid or unenforceable, it will not affect the remaining conditions.

30. Standard Lead Times

The standard delivery/installation periods are detailed below and, in accordance with Clause 6.

Where Planning Permission or other consent is required, we are unable to quote lead times until approval have been received.

Top Only, No Building Work – 16 weeks from date of technical survey
Full Build – 16 – 20 weeks from date of technical survey
Painted or Specialised Products 20+ weeks from date of technical survey

Delivery/Installation is defined from the product on the contract with the longest lead time. Lead times may vary depending on factors beyond our control. We will always endeavour to keep you informed and give you as much notice as possible. Where it is possible to shorten lead times the company will inform the customer.

31. Future Like for Like Purchases

As manufacturing process continue to evolve together with innovation and demands around ecology and energy efficiency and companies who no longer trade, or manufacture items previously supplied, Brackenwood Windows Ltd are unable to guarantee that future purchases of products previously supplied or supplied and installed will be the exact same match. This will apply to but not limited to exact colour match, exact style, shape and contour of products, dimensions of material sections, thickness of glass, style of hardware. This includes the supply or supply and installation of new products, or the replacement of products previously supplied. Brackenwood Windows Ltd accepts no liability or provides compensation relating to any claim raised because of any product that is no longer available as an exact match to one which was previously supplied. In the event of additional purchases or replacement items under guarantee, Brackenwood will provide a replacement product as close to the original as possible that is fit for purpose.

32. Your Cancellation Rights

Brackenwood Windows Ltd provide all contracts with a seven-day cooling off period, some contracts may be entitled to more time to cancel, please see below. If you cancel your contract within seven days, you will be entitled to a full refund of all monies paid.

If we visited you in your home, and you agreed verbally or signed a contract on the first visit, under the Consumer Contracts Regulations 2013 you will have fourteen days as a cooling off period within which to cancel your contract and receive a full refund of all monies paid. Once we have left your home, at any time after that visit you then decide to proceed, you will have seven days to cancel from that point. If after visiting your home or visiting our showroom you subsequently agreed to place a contract you will have seven days to change your mind.

If you used finance to fund your purchase you will have fourteen days from the date of signing your contract to withdraw from your funding facility. The funding facility and the contract are treated as two separate entities. If you withdraw from your funding, you will still be liable to find an alternative source of money to pay for your goods.

If you instruct us to process your contract before the expiration of your cancellation rights, we will ask you to sign a “Waiver of Cancellation Rights”. We will only agree to this as a request from you and not from us.

If for any reason you decide to cancel your contract out with the cancellation period Brackenwood Windows Ltd are entitled to compensation equivalent to all costs and loss of profit.

The cancellation period starts from the date on your contract and runs for seven or fourteen consecutive days. You can inform us of your cancellation in writing by post at Brackenwood Windows Ltd, Kimbell Road, Basingstoke, RG22 4AT (This must be received before the expiration date of your cancellation period, if you send by recorded delivery, we will accept the date of postage) please use the slip below. Alternatively, you can inform us by email to sales@brackenwood.com

The company reserves the right to change/modify any of the above terms and conditions at any time without prior notice. In the event that any changes are made, the revised terms and conditions will be posted on the company’s website, www.brackenwood.com/terms-conditions. Please regularly check the latest information posted thereon to inform yourself of any changes.

The company cannot commit to any installation dates until such time as the full technical survey has been completed.

12/08/2024

1. The terms and conditions of this agreement are designed to ensure the completion to the satisfaction of the customer of the contract or contracts contained in or referred to in the Order (‘Order’) attached hereto.  Nothing in these conditions will reduce your statutory rights relating to faulty or mis-described goods.  For further information about your statutory rights contact your local authority Trading Standards Department or Citizens’ Advice Bureau. 

2. This agreement is between the company and the customer and shall be binding upon the parties.  This agreement shall only apply to contracts or Orders relating to the supply and/or installation of goods. Placing such an order will require a commitment of time from the customer. To fully expedite the order, we will need to send a surveyor to your property followed in due course by the installation team and, if necessary, any follow up visits to complete Snagging. The process of Survey, Installation and Snagging is a necessary part of the order you are placing and as such will require you to be at your property during working hours for us to facilitate all parts of the process, at no point do Brackenwood offer or agree to compensate you for such time required. Snagging does not entitle the customer to retain the installation balance, please refer to Clause 7a.

3.a. The ‘company’ shall be Brackenwood Windows Limited.

b. The ‘premises’ shall mean the property at which the installation is to take place.

c. The ‘customer’ shall be the person or persons placing the Order with the company.

d. The ‘goods’ shall mean the flat roof system, fascias, soffits, guttering, barge boards, cladding, downpipes and other goods being the subject of this contract. 

4.a. A Surveyor will need to call to ascertain the feasibility of the installation referred to in the Order.  This is not a general survey of the premises and inspection will be confined to those areas of the premises which directly relate to the proposed installation.  Defects or damage existing before the installation or any damage arising thereafter to the premises are not the responsibility of the company unless directly attributable to the work done.

b. The company reserve the right to make such modifications to the work as the surveyor considers appropriate, subject to such modifications being detailed in writing to the customer. All changes or modifications will be noted on the Amendment To Order (ATO) and signed by the customer and the surveyor, any change to the contract price will be agreed and payable with the Survey Stage Payment. Where the Customer and the Surveyor are unable to agree the amendment price, the surveyor will complete the survey and return the contract to the sales department, the contract will be on hold at that point pending further agreement. If the customer has used funding to facilitate the order, and wishes to add the additional cost to the finance agreement, the whole funding application will need to be started from fresh with new values, this will delay the installation process whilst the sales department facilitate such changes.

c. The customer must inform our representative at the time of quotation if it is known that the existing roof, fascia, soffit, gutter or downpipes contain asbestos. 

d. The surveyor will do a product specific survey, however until the existing unit is removed it is not always possible to expose all potential issues. If the installers find any such issue which could not have been reasonably found at the time of survey, the issue will be brought to the customer’s attention and a proposal to rectify decided upon. It would be unfair to expect either the customer or the company to bear the full cost of these works, so in these circumstances, the company will provide a cost, free from profit, to facilitate the unexpected works.  The company accepts no liability for issues arising which could not have been reasonably foreseen. As the works will have commenced the cost of these works cannot be added to any funding used to facilitate the purchase and will need to be paid by the customer from their own funds.

e. If the surveyor shall not grant his approval or the customer does not accept the modifications referred to in sub-paragraph (b) hereof, the contract will be treated as terminated and any deposit refunded.

5.a.The delivery/installation date quoted will run from the date of the Order unless the order is financed by a Building Society, Finance Company, Bank or is subject to a Home Improvement Loan, planning permission or as a result of unresolved questions, queries or ATOs.  In such cases the period will run from the date that confirmation of approval of the loan/planning permission is received by the company and/or any unresolved questions, queries or ATOs are settled.

b. If the work is not substantially completed within the estimated delivery/installation period stated in the order the customer may serve written notice on the company requiring the company to complete the work within such reasonable period as the customer may specify.  (In general the company would accept six weeks as being reasonable).  If the work is not completed within this period the customer may cancel the uncompleted work covered by this agreement without penalty to himself by the service of written notice to that effect upon the company.  The company will however honour any legal obligations that arise as a result of failure to complete the works within this period.  However, should the customer cause a delay in completing the installation then the company will have the same rights as specified above.

c. Installations are booked to fit the company fitting schedule, the customer will be given a confirmed installation date which will fall during the estimated delivery period. If the customer rejects this date the company will give an alternative date which could be out with the agreed estimated delivery period. 

d. Where the customer has not accepted the installation date, the company agrees to store the goods at no cost to the customer, but will require the payment of all outstanding monies.  

e. The company will commence and complete the works as soon as is reasonably practicable unless prevented from doing so for reasons beyond its control. No compensation will be given in respect of delayed or missed installations where the company could not have reasonably avoided the delay. Delays such as illness, traffic, weather, building conditions, building materials, unforeseen installation complications, natural disasters, human infections are some but not exclusive reasons why a delay may occur.

f. Upon notice that the goods are ready for installation by the company, the customer shall allow access to the premises as soon as the company shall reasonably require. The customer is required to allow access to the property to complete the installation within the agreed estimated delivery period, if access is not granted, refer to Clause 5d.

6.a. The company does not undertake to move services, fixtures or fittings which are ancillary to the basic structure of the property e.g. radiators, pipes, electricity, telephone, doorbells and television cables, satellite cables and receivers, curtains, blinds or any other window fitting unless specifically stated in the Order. Every endeavour will be made to fit around telephone, television, satellite cables and receivers but regrettably no responsibility will be accepted for any damage caused.

b. The company does not agree to match existing finishes and will not be liable for non-matching due to weathering of existing materials and cannot guarantee the matching of external specialist finishes such as pebble-dashing, brick or similar material.  

c. The company cannot undertake to remove intact any existing items or guarantee to remove existing items without damage.  

d. All materials removed during the course of installation will be cleared from site and cannot be retrieved thereafter. If any materials are required to be retained (note Clause 6c above) this must be clearly stated in the Order and will be the responsibility of the customer to arrange such operations.  

7.a. Our representative is authorised to accept a cheque or card payment with this order as a deposit. Further payments should be made to the company in accordance with the stage payments detailed on the order document. The final payment will be collected by the installer. Such further payments become immediately due and payable at each stage unless personal loan facilities are agreed. Snagging may be necessary after the initial installation; the customer may retain up to £100 of the contract value until the snagging has been completed. Installation balances must be made with a Debit or Credit Card, which our installer will phone through to our processing centre, or by cheque passed to our installer before he leaves site. Please note we do not accept cash payments.

b. If any payment is not made on the due date the balance will, without prejudice to any other right or remedy available to the company, become subject to interest on the amount unpaid at the rate of current Bank Base Rate + 2%.  The customer’s failure to pay the balance on substantial completion will constitute a breach of this agreement.

c. VAT will be payable by the purchaser at the appropriate rate, i.e. that in force at the time the invoice for the works is raised.

8. Any illustrations in the company’s catalogues, brochures or similar written material and/or website are for the customer’s guidance only.  Displays in our showrooms are for guidance only.  Consumers’ rights to expect goods which match their description are not restricted. 

9. All reasonable precautions will be taken to prevent any water ingress but the company cannot be held responsible for any damage incurred due to circumstances beyond our control for the duration of the works. 

10. The guarantee rights set out below are offered in addition to consumer’s legal rights and do not restrict them.  The company will repair or replace (at the company’s option) any defects caused by faulty workmanship for a period of ten years from the date of this contract free of component charges but subject to a labour charge after 12 months, provided that the company shall be under no liability under this guarantee for clauses 10 a, b, c, d, e and f below.  Any guarantee offered by our suppliers/manufacturers for products will be passed on to the customer.

a. If the total price for the goods has not been paid; or

b. In respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the company’s maintenance instructions, misuse or alteration or repair of the goods other than by the company; or

c. In respect of failure to notify the company of any defect within seven days of occurrence, after such timescale parts and labour will be chargeable to effect a remedy as delays in notifying a claim under the guarantee may cause the defect to deteriorate unnecessarily; or

d. For problems or leaks caused as a result of storm damage or customer’s leaky brickwork, insufficient or non-existing cavity trays or blocked gutters and/or downpipes; or

e. For minor surface marks or blemishes which are inevitable during manufacture and installation unless notified to the company within 30 days of installation.

f. This guarantee does not confer any right other than those expressly set out above and does not cover any claims for consequential loss or damage.  If the customer calls out the company to claim under the guarantee but the damage or defect is not covered by the guarantee or other redress rights the company shall be entitled to charge the customer the reasonable cost of such call out.  Apart from general maintenance which is to be carried out by the customer, all other repairs must be undertaken by the company.  Failure to adhere to this could result in the guarantee being invalid.

11. If you have purchased a painted product the following aftercare instructions must be followed to validate your ten year guarantee.  Clean your items using a mild detergent, warm water and a soft cloth or sponge.  This should be followed by fresh water rinsing.  Under no circumstances should chemicals or abrasive materials be used.  The cleaning interval should be determined by the amount of soiling and not exceed six months in a normal environment.  If the items have become damaged and touch-up materials are used, the areas coated in these materials are expressly excluded from the guarantee.

12.a. In the interest of efficiency when dealing with any query, written notice of such query must be given to the company.

b. The customer shall grant the company access to the property to remedy any complaint for which it may be liable. 

13. The customer is responsible for:

a. Obtaining any necessary planning, legal or other permissions prior to the installation, unless the company has agreed to do this in writing. Where the company is arranging planning, legal or other permissions the customer will be liable to pay the associated administration and statutory fees irrespective of whether the permission is granted or not. Where a customer is using funding to finance the full value of the contract, administration and statutory fees will be the responsibility of the customer even if permissions are not granted and will be required to be paid, by way of a cash lump sum, on receipt of the failed application notice.

b. Where necessary, the removal or re-siting prior to installation of any pipes, cables, doorbells and satellite receivers and also to make any necessary arrangements with the regulatory authorities.

c. Making arrangements to remove and replace sensors or wiring on intruder alarms where installed.

d. Giving access to all mains services if required for the purpose of fulfilling the Order and obtaining any permission so that the company’s workmen may gain access to adjoining properties for the purpose of carrying out the works.

e. The cost of any additional work rendered necessary to complete the installation as a result of failure of the customer or the customer’s sub-contractor to comply with the company surveyor’s specifications.

f. Damage to the works carried out or goods installed that is occasioned by the customer or the customer’s own sub-contractors carrying out any building or other works. 

g. Maintenance of the product.

14. The company’s quotation is based upon the work as foreseen at the time of the quotation and does not include work subsequently carried out in order to overcome problems which were not apparent at that time, e.g. rotted, wet or perished roof deck, rotted roof timbers, inadequate roof falls, irregular levels, brickwork, damp courses and structural works.  Should such additional works be required to complete the installation, this will be brought to the attention of the customer and an estimate given for the repair or replacement.

15. Should any rotten timbers be found after the removal of the soffits and fascias etc., this will be brought to the attention of the customer and an estimate given for the repair or replacement. 

16. The company shall not be deemed responsible for inadequate roof falls which subsequent to the work being carried out may lead to ponding.  Water ponding on the surface of the roof will not be detrimental to the performance of the waterproof membrane. 

17. Written quotations are for guidance only.  If any of the above terms and conditions differ from information stated on our quotation, these terms and conditions take precedent.  Consumers’ rights under the Misrepresentation Act are not restricted. 

18. To view the company’s Complaints Procedure, GDPR Code of Practice, FCA Initial Disclosure Statement and Choice of Funding Options please visit www.brackenwood.com. 

19. To transfer this guarantee please ask the new occupant to send their name and address to the company’s Head Office together with the date that they moved into the property. Brackenwood will arrange for a Service Engineer to inspect the product before accepting the guarantee transfer, the current transfer inspection cost can be obtained by contacting our Service Centre. The transfer must be completed within six months of the completion date, Brackenwood will require proof of this date.

20. If any of these conditions are held to be invalid or unenforceable, it will not affect the remaining conditions.   

21. Standard Lead Times

The standard delivery/installation periods are detailed below and, in accordance with Clause 5.

            UPVc Products 8 – 12 weeks

            Painted or Specialised Products 16 weeks

Delivery/Installation is defined from the product on the contract with the longest lead time. Lead times may vary depending on factors beyond our control. We will always endeavour to keep you informed and give you as much notice as possible.

22. Your Cancellation Rights

Brackenwood Windows Ltd provide all contracts with a seven day cooling off period, some contracts may be entitled to more time to cancel, please see below. If you cancel your contract within seven days, you will be entitled to a full refund of all monies paid.

If we visited you in your home, and you agreed verbally or signed an order on the first visit, under the Consumer Contracts Regulations 2013 you will have fourteen days as a cooling off period within which to cancel your order and receive a full refund of all monies paid. Once we have left your home, at any time after that visit you then decide to proceed, you will have seven days to cancel from that point. If after visiting your home or visiting our showroom you subsequently agreed to place an order you will have seven days to change your mind.

If you used finance to fund your purchase you will have fourteen days from the date of signing your order to withdraw from your funding facility. The Funding Facility and The Order are treated as two separate entities. If you withdraw from your funding, you will still be liable to find an alternative source of money to pay for your goods.

If you instruct us to process your contract before the expiration of your cancellation rights, we will ask you to sign a “Waiver of Cancellation Rights”. We will only agree to this as a request from you and not from us.

If for any reason you decide to cancel your contract out with the cancellation period Brackenwood Windows Ltd are entitled to compensation equivalent to all costs and loss of profit.

The cancellation period starts from the date on your contract/order and runs for seven or fourteen consecutive days. You can inform us of your cancellation in writing by post at Brackenwood Windows Ltd, Kimbell Road, Basingstoke, RG22 4AT (This must be received before the expiration date of your cancelation period, if you send by recorded delivery, we will accept the date of postage) please use the slip below. Alternatively, you can inform us by email to sales@brackenwood.com

VAT No. 5700 72953

October 2022