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KINGFISHER WINDOWS LTD TERMS AND CONDITIONS
1.1. The following words shall have the following meaning:
1.1.1. Authorities’ means Government, Local or other Authority, Service Providers (water, electricity and the like), Planning Authorities,
Building Control or regulators or any other Authority or body required to issue permission in relation to the Installation.
1.1.2. ‘Company’ means Kingfisher UPVC Windows and Doors Ltd, company number: 02538690.
1.1.3. ‘Contract’ means an agreement between the Customer and the Company to which these Terms and Conditions shall apply.
1.1.4. “Cooling Off Period” means, where applicable, the statutory consumer cancellation period as described in Part 3 of the
Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
1.1.5. ‘Customer’ means the person(s), sole trader, firm, partnership, company or any other body acting as a buyer of goods.
1.1.6. ‘Delivery’ shall mean the delivery of Goods to the Premises/Property.
1.1.7. ‘Deposit’ shall mean % of the value of the contract or such other sum as shall be set out in the Order.
1.1.8. ‘Excluded Cause”
1.1.9. ‘Faulty’ means a material defect in the Goods covered by an applicable Warranty that is not a result of an Excluded Cause.
1.1.10. ‘Goods’ means the subject matter of the contract including but not limited to raw materials, finished or semi-finished materials or
articles and any goods supplied in substitution or replacement.
1.1.11. ‘Installation’ means the installation of the Goods by the Company at the Premises/Property.
1.1.12. “Parties’ shall mean the Company and the Customer.
1.1.13. ‘Premises/Property’ shall mean the property to which Goods are to be delivered/ installed.
1.1.14. ‘Supply’ shall mean the supply of Goods only.
1.1.15. ‘Warranty” means the applicable warranty as set out in clause 3.1 .
2.1. The Company shall provide the Customer with a quotation, and if the Customer communicates to the Supplier that it intends to proceed with
the quotation the Customer’s communication shall be treated as an “Order”. The placing of an Order with the Company will bind the Customer
to the following Terms and Conditions and shall bind the Supplier once a Contract is agreed. No Contract shall come into existence unless and
until the Supplier provides an express written acceptance of its ability to proceed with an Order (and for the avoidance of doubt an
acknowledgement shall not be considered acceptance of an Order).
2.2. Orders are only accepted on the basis that these Terms and Conditions apply. Any specific Customer requirements must be given in writing
and agreed by the Company in accordance with
2.3. Should the Customer be entitled to terminate the Contract during any applicable Cooling Off Period, they are hereby advised the Goods
ordered under this contract are purpose made specifically for the Customer’s requirements and as such are not resalable to any other third
party. For clarity, the Goods irrespective of cancellation cannot be re-used on other contracts and will have to be paid for by the Customer.
2.4. Any Contract accepted by the Company shall always be subject to the following conditions:
2.4.1. Approval of a final survey by the Company’s Technical Surveyor. The survey is not guaranteed to take into account all possible
outside factors and is subject to clause 2.4.2 below. The Customer must allow reasonable access during daylight hours. Any
delay in this process may result in a delayed delivery.
2.4.2. The Customer shall permit the Company’s servants, workmen or agents to have access to the premises at any reasonable time
to enable any requisite preparatory work to be carried out. Upon commencing preparatory works, it may be discovered that other
works should be completed prior to commencement of the installation, for example and without limitation, a defective existing
lintel. The Company shall communicate with the Customer in this regard. The Customer must then have all necessary works
completed prior to the Company undertaking Installation, unless otherwise agreed in writing.
2.4.3. The Company shall have no liability to the Customer in respect of any unforeseen issues at the Premises/Property or any other
issues which are outside the Company’s control. By way of example without limitation, the Company shall have no obligation to
the Customer in respect of damage or loss caused by any force majeure or other external factors including but not limited to
burst water mains or leaking drainage, settlement or other building movement, asbestos, damage to or absence of lintels and
any other hidden issues that would not have been readily apparent from surface inspection.
2.4.4. The Company shall have no responsibility for and makes no representation or warranty whatsoever in relation to any third party
products or services outside of its own control (or as the same are under the control of the Customer) such as the electrical
supply or heating or other utility systems at the Premises/ Property and shall be under no obligation to make any enquiry or
investigation as to the adequacy of such systems in order to start or complete the Installation. The Company shall assume that
the Customer’s Premises are prepared and suitable for Installation unless otherwise advised by the Customer. The Customer is
required to notify the Company as early as possible if they suspect any problem with a third party service or utility or any other
missing dependency required by the Company (including those notified to the Customer by the Company from time to time) to
perform Installation at the Premises. The Customer should commission a professional assessment of suitability of the services
and state of the Premises in the light of the proposed Installation prior to placing an Order.
2.5. In the event that the Customer declines to permit the Company’s surveyor to survey the Premises either within the time frames notified by the
Company or any other date agreed between The Parties or if the Customer fails to agree a date, then the Company shall be entitled to treat
the affected Contract as terminated by the Customer in which case the Customer shall be required to pay to the Company any costs incurred
by the Company to the date of cancellation.
3.1. Except for Faulty Goods arising from an Excluded Cause:
3.1.1. The Company warrants that on delivery, and for a period of twelve  months from the date of delivery (Limited Warranty
Period) the Goods shall:
• conform in all material respects with their description as expressly set out in the Order; and
• be free from material defects in design, material and workmanship.
The “Limited Warranty”.
3.1.2. Further to clause 3.1 above, the Company warrants that for a period of ten  years from the date of delivery (Full
Warranty Period), the Goods shall:
• conform in all material respects with their description as expressly set out in the Order; and
• be free from material defects in design, material and workmanship.
The “Full Warranty”.
3.2. The Company offers the Warranty to the Customer personally, and shall agree to transfer the Warranty from the Customer to another person
on the condition that:
3.2.1. The Customer notifies the Company of its intention to transfer the Warranty to a third party at least 30 days before the estimated
date of transfer;
3.2.2. The person to whom the Warranty is to be transferred provides their contact information and pays the Inspection Fee (which
shall be a fixed charge of 5% of the value of the original contract under which the Goods were supplied to the Customer) to the
Company. If the Customer arranges payment, the Customer shall pay the Company as agent of that new person. For the
avoidance of doubt the Inspection Fee is not refundable under any circumstances;
3.2.3. If there are Excluded Causes identified by the Company during any inspection, the Customer or new person pays the
Company’s costs required to bring the Goods back under Warranty, or agrees to exclude such Goods from the scope of the
transferred Warranty subject to agreement between the Company, Customer and new Person; and
3.2.4. If the Customer does not comply with any reasonable inspection of information requirement put forward by the Company, it shall
not be compelled or obliged to transfer or consider transferring any Warranty.
3.3. The Limited Warranty and the Full Warranty do not cover any Faulty Goods arising from an Excluded Cause. The following non-exhaustive list
shall be deemed to be an Excluded Cause:
3.3.1. Normal wear and tear or excessive use;
3.3.2. Accident, misuse or neglect, including failure to follow usage, storage or maintenance instructions, including but not limited to
the User Manual;
3.3.3. Use of incorrect or otherwise damaging products or processes to clean or maintain Goods such as improperly applied
chemicals, agents and lubricants;
3.3.4. Force Majeure including but not limited to fire, flood, freeze, pandemic, acid rain, criminal or wilful damage (not caused by the
3.3.5. Inherent risks or vulnerabilities present by nature of use of specific materials including knots in wood, warping of untreated
3.3.6. Movement, subsidence, dragging, drooping, or other minor progressive issues not addressed by Customer leading to adverse
3.4. The Customer may be permitted to inspect the sample/demonstration windows, doors and other products of the Company which are used for
sample/demonstration purposes generally, but the Company shall be under no obligation to supply goods exactly conforming to samples or
goods previously supplied to or inspected by the Customer. The windows, doors or other products detailed in the contract will be manufactured
and delivered/ Installed by the Company using reasonable care and skill in accordance with common industrial manufacturing and installation
methods. The Company reserves the right to make minor variations in the design and specification of the Goods and method of Installation
without prior notice to the Customer so long as these changes do not represent a material detriment to the Customer and on the condition that
the Company bears the cost of such changes or alternative methods unless and except to the extent instigated or requested by the Customer.
Colours are provided for guidance only and the Customer acknowledges that the same colour may appear different when applied to different
surfaces/materials or when using different techniques or conditions of application, the consistency of which is not guaranteed. Without
prejudice to the foregoing, the Company reserves the right to make any changes to Goods required by law prior to delivery without notice to
the Customer. The Company is not liable for and does not warrant or represent that colours supplied by the Customer or Third Parties will
appear as desired and such colours are used on an as-is basis at the Customer’s sole risk and expense.
3.5. If the Company’s Goods prove to be Faulty within an applicable Warranty Period as specified in clause 3.1 above, the Company shall, at the
Company’s expense and discretion replace or repair the faulty Goods or any component thereof within a reasonable amount of time taking into
account supply chain issues and other prevailing market factors in force at the time of actually arranging such repair or replacement unless an
Excluded Cause applies.
3.6. Except as provided in this Clause 3 , the Company shall have no liability to the Customer or any third party in respect of the Goods' failure to
comply with the Warranties set out in Clause 3.1 and all other warranties, representations and other terms and conditions that might be implied
by law are hereby excluded from the agreement to the fullest extent legally possible without prejudice to any consumer rights that may apply to
your purchase which are not capable of being excluded.
4.1. The entirety of the Goods to be supplied, delivered and/or Installed by the Company shall remain the legal property of the Company until the
Company is paid in full. t. The Customer shall keep such Goods in good condition, in order that their resale value and Warranty status is
preserved, and the Customer hereby authorises the Company to enter the premises of the Customer to remove the same if the Company has
demanded payment from the Customer and that demand has remained unsatisfied for a period of seven (7) days.
4.2. If the Company has to make attempts to recover its Goods following failure by the Customer to make payment in full:
4.2.1. it is foreseeable that the removal of some Goods may result in damage, and the Customer acknowledges that the Company shall
not be responsible to make good any opening or other damage howsoever caused by such removal; and
4.2.2. the Company shall not be responsible or liable to the Customer in any way whatsoever for any direct or consequential loss or
damage caused by or as a result of such removal, including for negligence, howsoever arising.
4.3. The Customer shall pay to the Company all its reasonable costs in the supply, manufacture, Installation and removal of any Goodsincluding,
without limitation, any professional fees or other costs incurred, and less the actual resale value of any Goods recovered by the Company
5.1. The Company may require a deposit in some circumstances. The deposit will be non-refundable upon commencement of the
Supply of Goods and/or the manufacture of the Goods in accordance with this contract, whichever is the sooner, and the Customer’s
cancellation rights may be limited by the commencement of such works. The Deposit will be paid to the Company by the Customer within 14
days of the date of signature of this contract. If a trial dig to assess the ground conditions proves necessary prior to ordering materials and
commencement of manufacture by the Company and as a result of such a dig, the findings significantly alter the design or increase the cost of
the proposed work (whether or not subsequently leading to cancellation of the Customer’s order in accordance with paragraph 9.2), the cost of
the trial dig and any other costs, such as experts fees will be deducted from the Customer’s deposit with the remainder of that balance being
returned to the Customer within 14 days of request.
5.2. Payment of the outstanding balance due to the Company falls due on the date of delivery of the Goods unless otherwise agreed in your Order.
The Company may submit an invoice for such further charges at any time.
5.3. Payment to the Company shall be made by the Customer by way of
5.3.2. Building Society Cheque or Banker’s Draft made payable to ‘Kingfisher Windows’.
5.3.3. Credit/Debit card. On Credit Card payments there will be a 2% surcharge of the amount of the payment.
5.3.4. BACS/Electronic payment via customers banking facilities.
5.3.5. The Company does not accept payment by American Express
5.4. In the event that the Customer alleges non completion as a result of a defect or any other reason, the amount to be withheld by the customer
shall be no greater than 5% of the Contract value until any accepted defect has been rectified by the Company. This withholding by the
Customer shall only be permitted on the condition that the Customer must allow the Company to remedy any defect or effect any alteration
necessary to complete the Contract.
5.5. If payment is not made in full on time, for whatever reason, the Company shall have the right to charge interest upon any outstanding sum at
the rate of 4% above the prevailing base rate of the Company’s bank (or above zero where greater), on a monthly basis until payment has
been made in full.
5.6. Further, if the Company incurs any costs in enforcing its rights and remedies against the Customer, then the Customer agrees that they shall
indemnify the Company on a full indemnity basis against any such costs. The Customer acknowledges that the Company may apply third party
debt collection or tracing and similar charges and other legal and enforcement related charges and costs to the Customer’s debt should the
Company instruct such agents.
6.1. The Company shall agree with the Customer an estimated date for Delivery and/or Installation, following acceptance of the Contract, subject to
Clause 2.4 above, but any such date or time shall not be of the essence to the Contract and is provided for guidance only.
6.2. The Company reserves the right to issue the Customer with a revised Installation or Delivery date if, for reasons outside its control, the original
Contract cannot be honoured. Examples of uncontrollable events are (by way of example and are not limited to) strike, lockout, riot,
revaluation, war, epidemic, working difficulties (including adverse weather conditions), transportation difficulties, fire and failure of supplier or
official regulations. Such changes shall not constitute a breach of the Contract and shall not entitle the Customer to cancel this Contract or to
claim damages against the Company. The company will re-arrange any impacted Installation or Delivery date with the Customer.
6.3. Once Delivery/Installation has commenced, the Company reserves the right to continue with Delivery/Installation until complete. If the
Customer frustrates or otherwise prevents the Company in performing any of its duties under a Contract then the Company may treat that
Contract as terminated by the Customer and the Customer shall pay the Company’s reasonable costs and other charges as set out in this
7.1. The Company, at the time of Delivery or during Installation, will take reasonable care to avoid damage to the Premises or other property of the
Customer, however, some damage to the existing structures or property of the Customer may sometimes be unavoidable. For example, and
without limitation, cracks in existing plasterwork or damage to existing decoration(s). Rectification of such damage is not the responsibility of
the Company. The Customer should prepare any relevant Premises so as to avoid the risk of damage or loss to Customer property as far as
possible should it wish to minimise the risk of such loss. The Customer’s sole and exclusive remedy as against the Company for any such
damage or loss shall be for the Company to use its reasonable commercial endeavours to repair or fix such damage within a reasonable
amount of time, subject to the Customer making the Premises reasonably available to the Company for such works to take place.
7.2. The Company shall not be responsible for the re-fitting of blinds, curtains, rails, shades, alarm systems and the like or to make or reverse any
other modifications required to prepare Premises for Delivery or Installation of Goods. This list is not exhaustive and the Company reserves the
right to add or amend to it by written notice to the Customer from time to time. No guarantee is given by the Company that the existing
framework, door, windows or glass will be removed in one piece and the Customer acknowledges that such items are usually likely to be
damaged beyond use in the course of their removal even where the Customer has requested the Company exercise extra care to avoid
damaging such items.
7.3. The Company shall remove all items introduced by it from the Premises, other than the Goods upon, or within a reasonable amount of time
following, the final completion of Delivery or Installation of the last Goods relevant to the Customer’s Order as applicable.
7.4. The Company accepts no responsibility for the removal and re-fitting of any alarm, telephone or any other wiring or any other fixtures and
7.5. If the Company is required to remove any materials including but not limited to facias, soffits, gutters and the like, the Customer hereby
authorises the Company to dispose of the same as it sees fit. The Company, however, shall not under any circumstance be obliged to dispose
of such items and may leave them on the Customer’s property.
7.6. It is the Customer’s responsibility to ensure that the supply and fitting of the Goods complies with every applicable law and regulation and that
they have obtained every necessary permit or permission to allow the Company to perform its duties under this contract. In cases where the
Customer is aware of non-compliance yet wishes to proceed with the Installation which then results in action by other Authorities or refusal of a
completion certificate for the Installation, that is the Customer’s responsibility and the Company shall have no liability to the Customer
whatsoever. In those circumstances, the Installation will be deemed to be complete and, all payments shall be deemed to be due in full.
7.7. The Customer must provide an electricity supply for the Company to complete any Installation, without cost to the Company. The Company’s
charges do not include the cost of utilities at the premises which shall be deemed to be provided by the Customer free of charge where
reasonably required for the purpose of Installation or Delivery. The Customer acknowledges the difficultly and expense of arranging and using
portable power supplies and the Customer expressly agrees that such costs are not taken into account in the price for the Goods, except as
expressly set out in an Order.
7.8. If, within 14 days of the Company informing the Customer of the estimated date or time that the Goods shall be ready for Delivery and/ or
Installation, if Delivery/Installation has not taken place or if the Customer fails to agree to a date for Delivery/Installation then the Company may
treat the contract as terminated by the Customer.
7.9. The Company does not accept any responsibility and shall not be liable in any way for any defect whatsoever which is latent in the original
construction of the Premises/Property. Neither shall the Company be liable for ineffective or poor quality design, and/or build evident, or which
later becomes apparent during the course of Delivery or Installation, in the original construction of the Premises/Property.
7.10. The Company shall not be responsible for any consequential or indirect or special loss or damage, howsoever caused or suffered by the
Customer, even if the Customer had previously advised the Company of the possibility of such loss or damage.
7.11. The Customer accepts the duty of care prescribed by The Occupiers Liability Act 1957 and any subsequent statutes or Common Law
provisions, regarding the structural stability and integrity of the Premises/Property. Further, the Customer accepts that there is an implied
warranty owed by the Customer to the Company, its employees, sub-contractors and agents the Premises/ Property subject to the Contract
are as safe as reasonable skill and care can make them. Injury to or any loss incurred by any Company representative and/or subcontractor
due to a breach of the above will deem the Customer liable. The Customer should ensure that any potential risks to safety are notified to the
Company in advance of any Order. If the Customer fails to observe this condition of the Contract then the Company may treat the Contract as
terminated by the Customer.
8.1 Service of any notice under this Contract shall be effected by first class post, fax or email. The Notice shall be deemed to be served, during
normal business hours as follows:
8.1.1 First Class Post – the second day after posting
8.1.2 Fax at the date and time shown on the fax receipt
8.1.3 Upon the email being sent to the Company’s valid email address (or at 9am the next Business Day if received after 4pm)
9.1. If the Customer is a consumer and not acting in the course of their trade or profession then The Customer’s right to cancel is governed by The
Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Please see attached Notices.
9.2 In addition to clause 9.1, the Customer shall have the right to cancel this contract in the event that a trial dig at the Premises/Property reveals
issues necessitating a revision of the required work to successfully bring about the Installation subject to payment of costs incurred to date.
10.1. The Contract shall be governed exclusively by English Law, whose courts shall have exclusive jurisdiction without prejudice to any overriding
applicable consumer law rghts that may apply to you if you are a consumer.
10.2. No oral representation shall bind the Company and the Contract shall represent the entire agreement between the Parties. Further, the
Company will not accept an alteration or variation of these Terms and Conditions unless agreed in writing and signed by a Director of the
10.3. The signature of this document or an Order Form referencing these terms shall be evidence that the Customer has read, understood
and accepted these terms and conditions.