TERMS & CONDITIONS
Windows and Doors Terms and Conditions
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.
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.
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 surveyor will do a product specific survey, however until the existing unit is removed it is not always possible to expose all potential issues. With exception to Angle Irons and Lintels 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. Lintels and Angle Irons, in accordance with FENSA, will be charged at normal rates. 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 can not be added to any funding used to facilitate the purchase and will need to be paid by the customer from their own funds.
d. 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.
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.
b. If the work is not substantially completed within the 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, except the installation cost of £50 per item which will be payable upon installation.
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. 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 further superficial damage beyond the 100mm detailed above to surrounding plaster, wallpaper, paintwork and ceramic tiles within the same area. This includes chips to ceramic 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 provided there has been no negligence by the company.
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 6d above) this must be clearly stated in the Order and will be the responsibility of the customer to arrange such operations.
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 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. 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. 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 9 a, b, c, d, e and f 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. For problems or leaks caused as a result of storm damage or customer's leaky brickwork or insufficient or non-existent cavity trays; or
d. 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.
e. 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.
f. 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.
10. 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.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.
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.
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. Redecoration after installation.
h. Any necessary alterations to pelmets, blinds or curtains, tracks or poles.
i. 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 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 double-glazed units.
14. 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 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.15. 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.
16. 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.17. 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. 18. If any of these conditions are held to be invalid or unenforceable, it will not affect the remaining conditions. 19. Standard Lead Times The standard delivery/installation periods are detailed below and, in accordance with Clause 5. UPVc Products 4 – 8 weeks Aluminium Products 12- 16 weeks Vertical Sliding Products 8 – 12 weeks Residence Collection Product 12 weeks Evolution Collection Product 12 weeks Painted or Specialised Products 12 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. 20. Any special offer such as “Fit for Christmas” is subject to the availability of product, drivers, delays caused by Government restrictions and pandemic related issues. Whilst every effort will be made to keep “Fit for Dates” these are subject to circumstances which may be out with our control. Brackenwood are not liable in any form if these days are unable to be met. 21. 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 email@example.com
Conservatory Terms and Conditions
Roofline Terms and Conditions
Flat Roof Terms and Conditions