Terms & Conditions

Business Details

Business: Chamberlain Windows

Proprietor: Wayne Chamberlain

Telephone: 07777 251641

Email: sales@chamberlainwindows.co.uk

Trading Status: Sole Trader

VAT Registration Number: 497274343

Jurisdiction: England

1. The Agreement

• Chamberlain Windows agrees to supply and install the products indicated in the applicable quotation, order or contract.
• The customer agrees to pay for the goods and services.
• The agreed terms are incorporated into the sale or contract.
• No variation to the agreed terms will be recognised unless confirmed appropriately in writing.
• The customer's statutory rights are not affected.

2. Price and Payment

• The price for goods supplied is as set out in the applicable quotation, order or contract.
• VAT is applied at the prevailing rate where applicable.
• A 50% deposit is required to enable Chamberlain Windows to proceed with an order.
• The remaining 50% balance becomes payable on issue of the final invoice.
• Chamberlain Windows reserves the right to charge for extras requested by the customer.
• Variations, additional fixings, additional work resulting from adverse physical conditions, unusual obstructions and groundworks may result in additional charges.
• Insurance work is paid for by the customer, with the customer responsible for reclaiming the relevant amount from their insurance provider.
• No deduction from the original contract price is permitted unless appropriately confirmed or agreed in writing.
• Where fitting cannot be carried out because of other events once fitting has been scheduled, payment obligations apply subject to applicable law.
• Goods remain the property of Chamberlain Windows until full and final payment has been made.

3. Delivery and Installation Dates

• Chamberlain Windows will advise customers of relevant changes to expected installation dates once an order has been checked and manufactured.
• Installation dates and timescales are estimates unless specifically agreed otherwise.
• Unforeseen circumstances may alter estimated completion times.
• Chamberlain Windows will aim to minimise disruption.
• Chamberlain Windows cannot guarantee estimated targets where delays result from circumstances outside its reasonable control.

4. Installation — Customer Responsibilities

• Customers must clear rooms and work areas before Chamberlain Windows arrives.
• Chamberlain Windows requires appropriate access to the property and work area.
• Customers must protect or remove possessions in rooms where work will take place.
• Chamberlain Windows does not accept responsibility for possessions left in work areas where the customer has been advised to clear or protect them, subject to applicable law.
• Curtains and blinds must be removed by the customer where necessary.
• Alarm systems must be disconnected and reconnected by the customer or their contractor where necessary.
• Customers must arrange disconnection and reconnection of relevant services where necessary unless otherwise agreed.
• Chamberlain Windows requires access to a standard electricity supply.

5. Making Good and Surrounding Areas

• Chamberlain Windows will make good plaster, floor, brickwork or rendering immediately surrounding an installation where applicable.
• Surrounding tiling, wallpaper and paintwork will be addressed where applicable, but exact matches with existing finishes and materials cannot be guaranteed.
• Chamberlain Windows cannot undertake to remove intact panes of glass or frames from old fittings unless specifically agreed otherwise.
• Limitations apply concerning weathering and the non-availability of matching materials.
• Chamberlain Windows does not undertake decorative finishing or making good beyond the immediate installation area unless specifically agreed otherwise.

6. Existing Structural Defects

• Existing structural problems and existing defects within the property are not the responsibility of Chamberlain Windows.
• Where problems are discovered during installation, Chamberlain Windows may suspend relevant work.
• The customer is responsible for arranging appropriate rectification where required.
• Additional work arising from such problems may result in additional charges.

7. Damaged or Faulty Goods

Where goods supplied by Chamberlain Windows are found to be damaged or faulty, Chamberlain Windows will repair or replace the relevant product where required under the applicable guarantee or law.

8. Photography of Completed Work

Chamberlain Windows may take digital photographs of completed work for business records, portfolio purposes, website use, marketing and advertising. This is subject to applicable privacy and data protection requirements where photographs identify individuals or disclose personal information.

9. Warranties and Guarantees

• uPVC frames and sealed glass units carry the manufacturer's 10-year guarantee.
• Hardware including locks, hinges and handles carries the manufacturer's 1-year guarantee.
• Glass sealed units are subject to reasonable manufacturing tolerances concerning minor imperfections that do not materially affect use or performance.
• Manufacturer guarantees remain subject to applicable manufacturer terms.
• Where a covered frame, sealed unit or hardware component is defective in material or workmanship during the applicable guarantee period, the appropriate repair or replacement remedy may be provided.
• Repairs outside the applicable guarantee period may be chargeable.

10. Warranty Exclusions

Guarantees do not cover defects or damage resulting from:

• Fair wear and tear.
• Accidents.
• Improper use.
• Failure to follow reasonable instructions or advice.
• Unauthorised adjustment, modification or repair.
• Impact.
• Mishandling.
• Tampering.
• Unnatural chemical corrosion.
• Other circumstances outside the product's intended purpose.

These exclusions operate subject to statutory consumer rights.

11. Reporting Defects and Complaints

Customers should report defects promptly. Customers are requested to notify Chamberlain Windows of any apparent defects identified on installation within 24 hours where reasonably possible and to confirm the complaint in writing quoting the relevant contract reference and providing sufficient information to allow Chamberlain Windows to investigate the issue. Failure to notify Chamberlain Windows within this period does not affect any statutory rights or remedies available to the customer.

12. Work by Other Contractors

Chamberlain Windows does not accept responsibility for defects, damage or problems caused by groundworks, building work, work undertaken by the customer, work undertaken by other contractors, or third-party interference with Chamberlain Windows' installation or products, subject to applicable law.

13. Planning and Regulatory Approvals

Unless specifically agreed otherwise, the customer is responsible for obtaining, where applicable:

• Planning permission.
• Listed building consent.
• Conservation area consent.
• Building regulation approval.
• Other necessary permissions or approvals.

The customer must inform Chamberlain Windows of any restrictions affecting the property.

14. Delays Outside Chamberlain Windows' Control

Chamberlain Windows is not responsible for loss or damage arising from delays or non-performance caused by matters outside its reasonable control. This does not constitute a blanket exclusion of liability.

15. Cancellation

• Orders may involve products manufactured specifically for an individual customer's property.
• Bespoke or specially manufactured products can affect cancellation rights.
• Cancellation after manufacture or order may result in the customer being responsible for costs already reasonably incurred.
• The consequences of cancellation reflect the stage the order has reached.
• Any applicable deposit or interim payment provisions contained in the customer's individual contract remain relevant.
• Cancellation should be communicated to Chamberlain Windows as soon as possible.

Nothing in these terms removes any cancellation or consumer rights which the customer has under applicable law.

16. Customer-Caused Delays and Suspension

Where work is delayed or prevented because of lack of access, planning or consent issues, customer actions, customer failure to cooperate, or other customer-caused delays, Chamberlain Windows may, where appropriate:

• Suspend or postpone installation.
• Rearrange work.
• Recover reasonable additional costs resulting from the delay.

Where customer-caused suspension or delay lasts more than six months, Chamberlain Windows may increase the price to account for the delay, subject to applicable law.

17. Administration Charges

If an amount remains outstanding 30 days after its due date, Chamberlain Windows reserves the right to levy an administration charge equal to 5% of the value of the order, where provided for by the applicable agreement and permitted by law.

18. Late Payment

• Late payment may attract interest on overdue amounts where applicable.
• Administration costs may be applied.
• Reasonable recovery and legal costs may be pursued where legally recoverable.
• Where payment in full, including any lawfully applicable interest, additions and administration charges, has not been received within 60 days of the invoice date, Chamberlain Windows reserves the right to pursue appropriate recovery or legal action, subject to applicable law.

These provisions remain subject to applicable UK law.

19. Glazing and Condensation

• The installation of double-glazed units does not itself guarantee the elimination of condensation.
• Condensation depends upon environmental and property conditions.
• Chamberlain Windows cannot guarantee that condensation within a property will be eliminated.
• Glass is supplied to the best quality reasonably obtainable.
• Minor manufacturing imperfections can occur.
• Minor imperfections which fall within reasonable standards and do not materially affect performance may not require replacement.

20. Liability

Chamberlain Windows is not responsible for losses caused by circumstances outside its reasonable control, existing structural defects, undisclosed property problems, third-party work, customer actions, or other circumstances for which Chamberlain Windows is not legally responsible. Nothing in these terms excludes liability where doing so would be unlawful, including liability for death or personal injury caused by negligence and fraud or fraudulent misrepresentation.

21. Website Information

• Website information is provided for general information and marketing purposes.
• Chamberlain Windows aims to keep information accurate and current but cannot guarantee that every piece of website information will always be complete or up to date.
• Website information does not itself constitute a binding quotation or contractual offer.
• Services, specifications, availability and prices may change.
• Customers should obtain a specific quotation before relying upon pricing or project information.

22. Website Enquiries

• Sending an enquiry through the website does not itself create a contract.
• A contract arises only when the relevant products, work, price and applicable terms have been appropriately agreed.
• Customers are responsible for providing accurate information through forms, telephone enquiries and email.

23. Acceptable Website Use

Users must not:

• Use the website unlawfully.
• Attempt unauthorised access.
• Interfere with website operation or security.
• Introduce viruses or malicious software.
• Attempt to damage or disrupt the website.
• Use website content fraudulently or deceptively.

24. Website Availability

Chamberlain Windows does not guarantee uninterrupted or error-free website availability. The website may occasionally be unavailable, suspended, updated, modified, or affected by technical problems outside Chamberlain Windows' reasonable control. This does not affect contracts already entered into with customers.

25. Intellectual Property

Chamberlain Windows branding, logo, original website copy, photographs, graphics and website design and content (where owned or appropriately licensed) are protected. Protected content may not be reproduced or commercially exploited without permission except where permitted by law. Chamberlain Windows does not claim ownership of third-party intellectual property.

26. Third-Party Links

Where the website contains external links, Chamberlain Windows is not responsible for third-party website content, availability, security or privacy practices. Linking to another website does not necessarily constitute endorsement.

27. Privacy and Personal Data

Personal information submitted through the website is handled in accordance with Chamberlain Windows' Privacy Policy and applicable UK data protection requirements.

28. Changes to Website Terms

Chamberlain Windows may update its website Terms & Conditions where reasonably necessary to reflect changes to the website, services, business practices or applicable legal requirements. Changing the website Terms & Conditions does not retrospectively rewrite an already agreed customer's individual contract.

29. Relationship with Individual Works Contracts

These website Terms & Conditions contain general terms. Where Chamberlain Windows supplies a customer with a specific quotation, order, works contract, specification or written variation, that documentation forms part of the agreement for that customer's project. Where project-specific terms legitimately differ from general website information, the specifically agreed written terms take precedence, subject to applicable law.

30. English Law

• The agreement is governed by the law of England and Wales.
• Disputes are subject to the courts having jurisdiction under applicable law.
• If an individual provision is invalid or unenforceable, this does not automatically invalidate the remaining provisions.

31. Statutory Rights

Nothing in these Terms & Conditions is intended to exclude, restrict or override any statutory rights or remedies which cannot lawfully be excluded or restricted. This qualification applies wherever necessary throughout these terms.

32. Contact Information

For quotations, orders, installations or questions concerning these Terms & Conditions, please contact Chamberlain Windows using the details above.