Terms & Conditions

Definitions

Customer/Purchaser/you means the individual or business that requires the Services subject to these Terms and Conditions and the Contract;

The Company/we means Fox Windows & Doors Ltd; and

Services/works means the supply of product, fitting services and other services as set out in the Contract. 

General

1. This document sets out all the terms under which the purchaser agrees to buy the products described herein from the Company. Any additional terms, conditions, or verbal agreements must be documented in writing and signed by both the Purchaser and an authorised representative of the Company. In the absence of such written confirmation, no additional terms or discussions shall be considered binding or form part of this agreement.
2. It is the purchaser’s responsibility to inform the Company if the premises are either a listed building or within a conservation area as defined by the customer’s local authority. The company will use its reasonable endeavours to obtain all the necessary approvals (to include where appropriate) relating to the installation of the product. Should these approvals:
   1. Prove to be obtainable only by revision of the works specified overleaf, the Company will quote a revised price to the purchaser. In the event that this is not accepted by the purchaser within 7 days of the quotation, the Company will be at liberty to cancel the contract by written notice to the purchaser, or
   2. Not forthcoming, the Company will likewise be at liberty to cancel the contract. 
3. If the Purchaser does not notify the Company that the premises are either a listed building or located within a conservation area, the Company shall be entitled to proceed on the assumption—without further investigation—that the premises are not subject to such restrictions, or that the Purchaser has obtained all necessary consents and approvals for the proposed works. The Company shall bear no liability whatsoever for any enforcement action or other consequences arising from failure to obtain such consents, whether initiated by the local authority or any other party.
4. Unless expressly agreed in writing, the Company shall not be responsible for the reinstallation or execution of any gas works, electrical wiring, plumbing, or painting. It is the Purchaser’s responsibility to ensure that suitable arrangements are made for such works to be completed prior to the commencement of the Company’s contracted works.
5. The Company shall not be responsible for the disconnection or reconnection of alarm systems, nor for the removal or reinstallation of customer blinds. These tasks are the sole responsibility of the Purchaser and must be completed no later than the day prior to the scheduled installation.

Acceptance of the Contract

1. An order for Services may be submitted to the Company using the official order form provided by the Company, which shall include a quotation for the delivery of the Services. Upon execution (by signing and dating) and submission of the order form by you, signifying acceptance of the quotation, a legally binding contract shall be deemed to have been formed between you and the Company
2. All contracts are accepted on the condition that the proposed designs comply with applicable safety standards and building control regulations, and are subject to a site survey conducted by the Company. If the design does not meet these requirements, or if the survey reveals that the contract cannot be fulfilled at the quoted price due to the nature of the work, pricing inaccuracies, or the need for additional works or revised plans, the Purchaser will be notified accordingly. In such cases, the Company reserves the right to:
   1. Reject the contract; or
   2. Proceed with the contract at a revised price, subject to the Purchaser’s agreement.
3. Upon notification of an amended price, the Purchaser may either:
   1. Accept the revised price by signing a contract amendment form within seven (7) calendar days of notification; or
   2. Cancel the contract by providing written notice to the Company within the same seven (7) calendar day period.

If the contract is rejected by the Company or cancelled by the Purchaser under this clause, any deposit paid will be refunded in full.

1. The total contract price includes only the work explicitly quoted and described within this agreement. Any additional work, services, or modifications requested by the Client that fall outside the scope of the quoted work shall be subject to separate charges, which will be agreed upon in writing prior to commencement
2. The Company will use reasonable efforts during the initial survey to assess the technical feasibility of the proposed works. However, during installation, the Company may need to revise the type or depth of foundations required (e.g. depth, raft, or piled foundations) due to unforeseen conditions not identifiable during the survey. These may include underground mine workings, underground streams, high water tables, capped walls, prior underpinning due to subsidence, or additional requirements from the building inspector. 

If such additional works are necessary, the Company will provide a quotation within 7 working days of identifying the revised work. Costs are expected to range between £200–£250 per cubic metre. The Company will only charge the actual cost of any additional work to minimise extra expense to the customer.

Specification

1. The Company endeavours to achieve an accurate colour match across its range of products; however, no guarantee can be provided that colours will be identical across different materials or surfaces. Variations in shade may naturally occur between aluminium and uPVC due to their distinct textured finishes. Additionally, products sourced from different suppliers may exhibit slight differences in tone or surface texture. Components such as gutters, downpipes, crestings, finials, and mouldings may vary in colour or be supplied with a non-textured finish.
2. All glass supplied by the Company is of the highest quality available. The Company, however, accepts no liability for breakages arising from negligence or misuse by the Purchaser or any third party. Glass manufacturers do not guarantee against minor imperfections or shade variations, and as such, the Company shall not be held liable for these occurrences.
3. The Company utilises low-emissivity (“low-e”) glass compliant with current building regulations. This glass type includes a surface coating which, under certain lighting conditions, may display a tint or haze effect. Due to ongoing manufacturer improvements and regulatory changes, the Company does not guarantee that the colour or shade of glass supplied will precisely match glass provided under previous contracts.
4. Glass should be inspected from a minimum distance of three (3) metres to assess visibility of minor scratches or imperfections. The Company reserves the right to change glass suppliers when necessary to maintain supply continuity. Glass may be sourced from either Pilkington or Saint-Gobain, with the assurance that all glass will meet equivalent specifications. The Company adheres to Glass and Glazing Federation (GGF) guidelines when determining replacements.

Schedule of Works

1. The Purchaser shall provide the Company’s representatives with reasonable and unrestricted access to the premises (by appointment) for the purposes of taking measurements, conducting subsoil investigations (if required), executing the contracted works, and carrying out any subsequent remedial works.
2. In certain instances, it may be necessary for the Company to position skips, ladders, scaffolding, or vehicles on the property to perform the works. Should access to neighbouring land be required, it is the Purchaser’s responsibility to obtain the necessary permissions.
3. Where subsoil investigations are deemed necessary, these may include drilling, sample extraction, and subsequent backfilling.
4. The Purchaser retains the right to cancel this agreement and should refer to the Notice of Cancellation Rights for details.
5. The Company will conduct a survey at the earliest practicable opportunity and within twenty-one (21) days of the contract date, subject to access being made available in accordance with these Terms and Conditions.
6. While the Company will make all reasonable efforts to meet any specified installation date, it cannot accept liability for losses or delays caused by circumstances beyond its reasonable control. Such circumstances may include, but are not limited to, adverse weather, traffic delays, mechanical failure, or unforeseen extensions of other contracts. Should the Company be unable to meet an agreed installation date, reasonable notice will be provided, and an alternative date arranged.

Making Good

1. The Company will repair any damage directly caused during installation to plaster, flooring, rendering, or brickwork immediately surrounding any installed window or door. However, the Company does not undertake to provide matching ceramic tiles, specialist finishes (such as Tyrolean or pebble dash), or to remove intact any glass panes or frames from existing windows that the Purchaser wishes to retain.
2. While all care will be taken, the Company cannot guarantee avoidance of incidental damage to surrounding wallpaper, paintwork, or decorative finishes where such damage is consistent with the normal fitting process.
3. The Company accepts no responsibility for damage arising from pre-existing structural or other defects in the property. Any complaint or claim for compensation must be submitted in writing to the Company as soon as reasonably practicable.

Liability

The Company shall not be held liable for:

1. Any damage resulting from negligence or misuse by the Purchaser, animals, insects, rodents, or third parties, or for damage caused by accidents, storms, floods, or failure to follow maintenance instructions.
2. Any business-related losses incurred by the Purchaser in connection with the use of the property where the installation is carried out. Such “business losses” include, but are not limited to, loss of rental income, professional fees, bookings, or profits. Purchasers conducting business operations from the installation address are advised to obtain suitable insurance cover for such risks.
3. Any failure or delay in performance of its contractual obligations arising from causes beyond its reasonable control, including but not limited to: power outages, internet service failures, strikes, industrial action, civil unrest, fire, flood, storm, earthquake, subsidence, acts of terrorism or war (declared or undeclared), epidemics, pandemics, or other natural disasters.
4. Door restrictors are not designed for use in high wind conditions. Any damage arising from misuse will be repairable at the Purchaser’s cost.
5. Nothing in these Terms and Conditions shall limit or exclude the Company’s liability for death or personal injury resulting from negligence, or for fraud or fraudulent misrepresentation.

Payment Terms

1. VAT Deductions

Any VAT deductions must be supported by a valid VAT certificate and accompanying documentation. These must be provided at the time of order. In the absence of such documentation, Fox Windows & Doors Ltd will apply the standard VAT rate of 20% to all invoices.

1. Payments Terms

We accept the following payment methods:

Cash,  Cheque, BACS (Bank Transfer) and 

Card Payments – A card facility is available for payments up to £1,000 per order, typically used for deposit payments.

1. Deposit Payments

A deposit invoice will be issued at the start of your order. The deposit must be paid within 5 days of the invoice date. Please note that no survey will be booked until the deposit has been received.

Deposit Protection (where applicable) is available upon request and will incur an additional charge. This cost is typically included in your quotation. If requested, deposit protection must be paid alongside the deposit invoice.

4. Stage Payments and Final Balances

Invoices will be issued at various stages of your project, including prior to installation. These must be paid by the due date to avoid delays. Final balances must be paid within 5 days of the invoice date. If payment is not received: 

>. A reminder will be sent via email.

>. If payment remains outstanding after a further 5 days, the matter will be referred to Her Majesty’s Courts &  Tribunals Service via Money Claim Online.

>. Non-payment may result in a County Court Judgement (CCJ).

The Company reserves the right to charge interest on overdue amounts at 4% above the

Bank of England base rate, calculated from the due date until full payment is received.

5. Service Calls

If a service call is required to complete installation, the Company will invoice 90% of the final contract value. The service call will only be scheduled once this payment is received. The remaining 10% is payable within 5 days of the final invoice issued after the service call is completed.

6. Certifications and Compliance

Where applicable, the following documents will be provided after full payment has been received: Building Regulations Compliance, Insurance-Backed Guarantees, FENSA Certificates

Please note:

FENSA certification applies only to like-for-like replacement of external windows and doors in habitable and heated areas of residential properties.

FENSA does not cover:

o Altered window/door sizes

o New conservatories or porches

o Unheated porches

o Loft or property conversions

o New builds or extensions

o Repairs without frame replacement

o Commercial properties

Recipients are required to notify the Company if the certification has not been received within thirty (30) working days from completion of installation. The Company shall not be held liable or responsible for any loss, delay, or non-receipt of the certification after this period.

7. Finance Arrangements

If the Purchaser is arranging finance, the Company reserves the right to delay

commencement of works until a written offer from the lender (e.g., bank, building society, finance house) is provided.

8. Transfer of Ownership & Warranties

Ownership of goods remains with the Company until full payment of the contract price is

received. In cases of non-payment, the Company reserves the right to:

  Repossess goods

Trace goods or proceeds of sale from the Purchaser, Liquidator, or Receiver

If payment is not made by the due date, the Company may, with or without notice, enter the Purchaser’s premises to recover goods, without prejudice to any other rights.

9. Assignments and Third Party Rights

1. There is no fixed timeframe for transferring the warranty or guarantee to a new owner.
2. Warranty transfer to a new purchaser is subject to a fee of £179.99 per year for the remaining duration of the warranty, or a minimum charge of £525.00 if the remaining period is three years or less.
3. If the guarantee is not transferred from the previous owner, a service call-out charge of £140 per hour (minimum charge applies) will be incurred.
4. Prior to a site inspection, the client must pay a £140.00 surveyor fee. The full

balance, including service charges and parts, must be settled before installation begins.

1. No third party who is not a signatory to this contract shall have any right to enforce or benefit from any of its provisions, whether explicitly stated or implied.

Personal Information

We will only use your personal data as set out in the company’s Privacy Policy available from https://foxwindowsanddoors.com/privacy-policy/.

Other Terms

1. If any part of this contract is found to be invalid or unenforceable by a competent authority, the remaining provisions will continue to be valid and enforceable. The unaffected portion of the clause in question will also remain in effect.
2. A delay or failure by either party to exercise any right under this contract does not constitute a waiver of that right. Similarly, a waiver of any breach does not imply a waiver of future breaches of the same or any other provision.
3. If you are a consumer (as defined by the Consumer Rights Act 2015), the Company is required to provide certain information before entering into a contract with you, unless that information is already clear from the context. This information will be included in the contract or order form, or made available to you beforehand, and will form part of the contractual terms.
4. These Terms and Conditions, the contract, and the relationship between you and the Company (whether contractual or otherwise) are governed by and interpreted in accordance with the laws of England and Wales.
5. If you are a consumer, you are entitled to any mandatory legal protections available in your country of residence. Nothing in these Terms and Conditions affects or limits those rights.
6. Any disputes, claims, or proceedings arising from these Terms and Conditions, the contract, or the relationship between you and the Company (whether contractual or otherwise) will be subject to the exclusive jurisdiction of the courts of England and Wales.
7. Responsibility for the products supplied as part of the works remains with the Company until delivery to you. Ownership of the products transfers to you once full payment has been received by the Company.

Information About the Company

1. We are a private limited company.
2. We trade under the name Fox Windows and Doors.
3. We are registered in England under number 09993954.
4. Our registered office is at Unit 64 Avenue M, Stoneleigh Park, Kenilworth, Warwickshire, CV8 2LG.
5. Our VAT number is 244859179.
6. We are a member and an approved installer of FENSA and we are regulated by FENSA for building regulations compliance in respect of replacement windows and doors.
7. We are a member of the Independent Warranty Association.
8. We are a Which? Trusted Trader and an approved Ultraframe installer.
9. If You wish to contact us with questions or complaints, You may contact us by telephone on 01926 754044 or by email at info@foxwindowsanddoors.com. 

Third Party Cookies and Remarketing

In some special cases we also use cookies provided by trusted third parties. The following section details some common third party cookies you might encounter through this site.

Google Analytics: Our website uses Google Analytics, one of the most popular and trusted analytics solutions, to help us to understand how people use our website. It does this by tracking such information as how long people spend on our website, the pages they visit, the website that referred them to our website and other aggregate data. We do this so that we can make improvements to our website and provide a better user experience and more engaging content.

Google AdWords: We may use Google AdWords remarketing which allows us to reach people who have been on our website, and show them adverts relevant to the pages they have visited. This means, after your visit to our website, you may be shown ads by Google either within the Google Display Network or Google search results. Google AdWords uses cookies in order to show ads based on your past visits to websites to provide relevant ads for products and services of interest to you. 

You can adjust your settings and also opt out of Google’s use of AdWords cookies by visiting Google’s Ads Settings.

Google AdSense: We may use the Google AdSense service to serve advertising. The Google AdSense service uses a DoubleClick cookie to serve more relevant ads across the web and limit the number of times that a given ad is shown to you. You can adjust your settings and also opt out of Google’s use of AdSense cookies by visiting Google’s Ads Settings.

Facebook Pixel: This involves incorporating a tracking pixel (Facebook Pixel) in the head section of our website, which marks website visitors and recognises them the next time they visit the social network. The pixel uses browser information, visited websites and a hashed Facebook ID of the website user. This makes it possible for us to employ retargeting, i.e. to show you relevant Facebook ads about products or services of interest to you.

If you do not wish the Facebook pixel to use your information in this way, it is possible to opt-out of this and many other third-party cookies by following this link to the ‘Your Ad Choices’ website.

Use of clear GIFs

A clear GIF (Graphics Interchange Format) or pixel tag (also known as a ‘Web beacon’) is a line of code placed on some of our web pages and in e-mails which, in a similar way to our use of cookies above, allow us to analyse the specific usage patterns of visitors.

Links to Other Sites / ‘Public’ Areas

You should be aware that when you are on our website, you could be directed to other sites that are beyond our control. There are links to other sites from our website pages that take you outside our service. These other sites may send their own cookies to users, collect data or solicit personal information. The privacy policies of these other sites may significantly differ from that of our site(s). We are not responsible for the privacy practices of any other sites and cannot guarantee the security of any of your personal information collected there.

Security

Protecting the security of all personally-identifiable information associated with our visitors is of the utmost concern to us. Once we receive your transmission, we will take reasonable precautions to ensure its security on our systems. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we take all reasonable steps to ensure the security of our users’ personal information and maintain their privacy, we cannot guarantee or warrant the security of any information you disclose or transmit to us online and cannot be responsible for the theft, destruction, or inadvertent disclosure of such personal information.

The List Owner (the Data Controller)

The Data Controller is Unit 64 Avenue M, Stoneleigh Park, Kenilworth, Warwickshire, CV8 2LG.

Fox Windows & Doors Ltd’s Privacy Policy 24/01/2024