[ DENBIGH BUILDING PLASTICS LIMITED ]
1. All terms of the Contract between the Purchaser and Denbigh Building Plastics are contained in this document. No representation of warranty is made or given by Denbigh Building Plastics save as appears herein. No variation or addition to the work specified in the Schedule overleaf shall have effect unless agreed in writing under the signature of the duly authorised officer of Denbigh Building Plastics.
2.The Purchaser shall grant Denbigh Building Plastics employees access to the premises at reasonable times for the purpose of taking measurements and of carrying out the work specified.
3. The Net Balance referred to in the said Schedule shall be paid upon completion of works. Times of payment shall be the essence of the contract and payment shall be by way of cash, cheque or money order, payable to the Company and crossed “A/C Payee only”. The purchaser shall not be entitled to withhold payment on account of any alleged defect. Denbigh Building Plastics agrees to investigate any alleged defect after payment in full of the New Balance, but not otherwise.
4. Without prejudice to any other rights it may have, Denbigh Building Plastics is entitled to charge interest at 4% above the then current base rate of HSBC PLC on overdue payments. All materials remain the property of Denbigh Building Plastics until paid for in full. If payment terms over a period of time are agreed by Denbigh Building Plastics and these terms are not met by the Purchaser, Denbigh Building Plastics reserves the right to seek full payment of any outstanding balances owed.
5. Representatives’ samples are used to demonstrate a typical window and its composition. Window(s) and door(s) shown in the Schedule overleaf will be measured and manufactured in the way considered by Denbigh Building Plastics and the right is reserved for modification.
6. Denbigh Building Plastics guarantees to repair or replace, free of charge, any defective white U.P.V.C. frame installed by them within 10 years from the date of the contract or 10 years where woodgrain or colored profiles are supplied, excluding negligence, misuse or vandalism or accidental damage covered by household insurance. This will only be guaranteed upon Denbigh Building Plastics receipt of Purchase Order which will be issued on the invoice upon completion of the job.
7. Denbigh Building Plastics guarantees to repair or replace, free of charge, any breakdown of seal on glass unit, locking or window mechanism supplied within 10 years from the date of contract, excluding negligence, misuse or vandalism or accidental damage covered by household insurance. The timeframe for our Service Engineer to visit the property and fix the problem will be guaranteed within 5 days notice of the failed part.
8. For moving parts fitted to products not supplied by Denbigh Building Plastics, these will only have a guarantee of 1 year only from the day of installation.
9. You agree to provide reasonable access to enable installation to be completed as soon as possible after you have been advised the goods are ready. If you have not permitted installation within 6 months of such advice then we reserve the right to cancel the contract, but you will be still be responsible for the appropriate purchase price.
10. Without prejudice to the generality of paragraph 1 hereof, no guarantee or warranty is given that the installation will reduce, eliminate or be free of condensation.
11. Denbigh Building Plastics is not responsible for any delay in installation or delivery caused by accidents, fires, strikes, lockouts, shortage of materials or other causes beyond Denbigh Building Plastic’s control. All times and dates given for the Goods and carrying out of the Services are given in good faith and are anticipated dates only, but without any responsibility on the part of Denbigh Building Plastic’s control. Any such delay shall entitle Denbigh Building Plastics to an extension of time for carrying out the Contract equal to the duration of the delay.
12. Where installing, Denbigh Building Plastics will make good any damage caused in the course of installation to plaster, floor rendering or brickwork immediately surrounding any window or door installed, to the best of their ability. Subject as aforesaid, Denbigh Building Plastics accepts no responsibility for any damage from structural or other defect in the property at which the installation is done. Without prejudice to the limitations of this paragraph, any claim by the Purchaser for compensation for damage done by Denbigh Building Plastics (whether under this paragraph or otherwise) must be made in writing to reach Denbigh Building Plastics within 14 days of such damage occurring, in default of which Denbigh Building Plastics will accept no liability there of.
13. The estimate given on the face of this Contract is held firm for 30 days from the date of the order. In the event of the Purchaser, for any reason, delaying delivery or installation after this date, Denbigh Building Plastics reserves the right to re-estimate the Contract in accordance with Denbigh Building Plastics prices ruling at the date of delivery or installation.
14. All glass used is the best available, but glass manufacturers will not guarantee against minor imperfections, and Denbigh Building Plastics cannot be held responsible for such imperfections. In certain circumstances, all low emissivity coatings may produce transient visual effects. In oblique lighting the coating may look like a transparent film or produce a haze, i.e. a cloudy look to the surface. When lightcoloured objects such as net curtains are placed close to the glazing they will look slightly darker.
15. Any alteration to radiators, electrical plug sockets, pelmets, blinds, telephone cables, aerials, alarms, doorbells, wires, gas, water pipes, blinds, curtains, carpets or pelmets which are necessary to the property at which Denbigh Building Plastics carries out installations is the responsibility of the Purchaser.
16. Any plaster or rendering work will be unpainted, and no decoration work is included where installations are made.
17. Denbigh Building Plastics accepts no responsibility for any glass breakage after installation, however caused.
18. When brickwork is to be removed, Denbigh Building Plastics cannot be held responsible for any consequential damage.
19. When making good necessary work, Denbigh Building Plastics will endeavour to match existing materials, i.e. brickworks, floors etc., but reserves the right to substitute other materials.
20. No guarantee is given that the Purchaser’s existing framework will be removed in one piece.
21. One of Denbigh Building Plastics surveyors will be assigned to survey your contract. This surveyor will contact you as soon as is reasonably practical after your contract is confirmed to make a convenient appointment to carry out a site inspection. The surveyor will only deal with items which are reasonably ascertainable from an external examination of the installation (including the omission of lintels). If the surveyor reports that there are problems relating, for example to the structure (including the presence of hazardous materials such as asbestos), dimensions or access to the property (including the need to arrange scaffolding), then without obligation on your part, we may quote a price for the additional work. If you decline to accept the revised estimate, then we may cancel the agreement by sending you a written notice to that effect without further liability to either party, and your deposit will be returned. We do not accept any liability for any structural repairs on properties.
22. Where Denbigh Building Plastics is carrying out structural alterations to the premises as shown on the face of the Contract, Denbigh Building Plastics can accept no liability for the condition or structural specification to the opening into which the Company’s products are fitted.
23. Denbigh Building Plastics personnel are not able to advise on whether any consents are necessary. It shall be entirely your responsibility to identify the need for any necessary planning permissions, building regulations consents, building warrants or other similar consents or approvals. If at your request we agree to carry out any part of this agreement before all such consents and approvals have been obtained, we do so entirely at your risk and responsibility.
24. The Contract estimate does not include for repair and/or replacement of any wood rot found by our installers during the course of carrying out the work shown on the face of this Contract. We reserve the right to increase the Estimate given if any additional works which involve unforeseen costs arise.
25. When monies are to be paid by a further advance from a Building Society, the Purchaser agrees, upon completion of the installation, in accordance with this Contract, he will forthwith give notice of such completion, in writing, to the Building Society. Any failure by the Purchaser to give such notice will entitle Denbigh Building Plastics to charge interest at 4% over HSBC PLC current base rate on any balance remaining after the installation is completed.
26. The point of the arrow on the diagram overleaf indicates the hinge side of the opening of windows and doors viewed from the outside.
27. Denbigh Building Plastics have no responsibility to pay compensation for financial loss due to circumstances beyond our control.
28. Please allow for a manufacturing tolerance of +1.5mm and -1.5mm.
29. Products such as Flat Roofs and Brown Gutters cannot be guaranteed against discolouration of materials due to exposure to light and weather conditions.
30. UPVC products may vary slightly depending on the manufacturer’s composition of colours. Denbigh Building Plastics will not replace any products where shading differences occur due to production processes employed.
If you sign the contract within your own premises you have a 7 day cooling off period in which time you can cancel the order. If you sign the contract in the showroom or on Denbigh Building Plastics premises then you have waved this cooling off period.
YOUR RIGHTS TO CANCEL
To cancel please observer the following requirements;
1. Your Cancellation Form MUST be dated.
2. You must identity the trader including trading name if any, in our case “Denbigh Building Plastics Limited”.
3. Our reference number, code or other details to enable the contract to offer to be identified by us.
4. You must submit your cancellation within 7 days, starting from the day you receive a notice in writing from us of your right to cancel the contract.
5. You must submit your cancellation in writing, either to Denbigh Building Plastics Limited, Unit 7, Colomendy Industrial Estate, Denbigh, LL16 5TA or via e-mail on our contact page here.
6. Your notice of cancellation is deemed to be served as soon as it is posted or sent to us, or in the case of an electronic communication from the day it is sent to us.
7. You may print off or hand write the cancellation form at the end of this page should you so wish.
9. PLEASE NOTE: If you wish to cancel the contract you MUST DO SO IN WRITING and deliver personally or send by electronic mail.
To: Customer Services, DBP Home Improvements N. Wales, Colomendy Industrial Estate, Denbigh, LL16 5TA.
I / We (delete as appropriate) hereby give notice that I / We (delete as appropriate) wish to cancel my / our (delete as appropriate) contract.
Reference Number, Job Code or Job Name____________________________
Full Name(s) ________________________________________________________
Date of Cancellation ______ / ______ / ____________