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.
- Services / Works – Means the supply of products, fitting services, and other services as set out in the Contract.
General
- 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.
- 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 Purchaser’s local authority. The Company will use its reasonable endeavours to obtain all necessary approvals relating to the installation of the product.
- If approvals can only be obtained by revising the specified works, the Company will provide a revised quotation. If this quotation is not accepted within seven (7) days, the Company may cancel the contract by written notice.
- If approvals are not forthcoming, the Company may cancel the contract.
- If the Purchaser does not notify the Company that the premises are a listed building or located within a conservation area, the Company may proceed on the assumption that no such restrictions apply or that all necessary approvals have already been obtained.
- Unless expressly agreed in writing, the Company shall not be responsible for gas works, electrical wiring, plumbing, or painting.
- The Company shall not be responsible for the disconnection or reconnection of alarm systems or the removal and reinstallation of blinds.
Acceptance of the Contract
- A legally binding contract is formed when the Purchaser signs, dates, and submits the Company’s official order form.
- All contracts are subject to compliance with safety standards, building regulations, and a satisfactory site survey.
- The Company may reject the contract.
- The Company may proceed at a revised price, subject to the Purchaser’s agreement.
- Upon notification of an amended price, the Purchaser may:
- Accept the revised price within seven (7) calendar days.
- Cancel the contract by written notice within seven (7) calendar days.
If the contract is rejected or cancelled under this clause, any deposit paid will be refunded in full.
- The contract price includes only the work explicitly quoted in the agreement.
- During installation, unforeseen conditions may require revised foundation specifications. Additional work will be quoted separately and charged at actual cost.
Specification
- The Company will endeavour to achieve accurate colour matching but cannot guarantee identical colours across different products or materials.
- Glass is supplied to the highest available standard; however, the Company accepts no liability for breakages caused by negligence or misuse.
- Glass design images are provided for guidance only.
- Decorative and handcrafted glass products may differ from computer renderings and previews.
- Low-emissivity glass may display a tint or haze effect under certain lighting conditions.
- Glass should be inspected from a distance of three (3) metres. Glass may be supplied by different manufacturers, including Pilkington or Saint-Gobain.
- Mechanical lifting equipment is not included unless specifically stated within the quotation.
Schedule of Works
- The Purchaser shall provide reasonable and unrestricted access to the premises.
- Permission for access to neighbouring land remains the responsibility of the Purchaser.
- Subsoil investigations may include drilling, sample extraction, and backfilling.
- The Purchaser retains the right to cancel the agreement in accordance with cancellation rights.
- Surveys will be completed within twenty-one (21) days of the contract date, subject to access being available.
- The Company will make reasonable efforts to meet installation dates but cannot accept liability for delays beyond its reasonable control.
Making Good
- The Company will repair damage directly caused during installation to surrounding plaster, flooring, rendering, and brickwork.
- Incidental damage to wallpaper, paintwork, or decorative finishes may occur during installation.
- The Company accepts no responsibility for damage caused by pre-existing structural defects.
Liability
The Company shall not be liable for:
- Damage caused by negligence, misuse, animals, insects, rodents, storms, floods, or failure to follow maintenance instructions.
- Business-related losses, including loss of rental income, professional fees, bookings, or profits.
- Delays or failures caused by events outside the Company’s reasonable control.
- Damage arising from the misuse of door restrictors.
- Nothing in these Terms and Conditions limits liability for death or personal injury caused by negligence or for fraud.
Payment Terms
1. VAT Deductions
VAT deductions must be supported by a valid VAT certificate. Otherwise, the standard VAT rate of 20% will apply.
2. Payment Methods
- Cash
- Cheque
- BACS (Bank Transfer)
- Card payments (up to £1,000)
3. Deposit Payments
Deposits must be paid within five (5) days of the invoice date. Surveys will not be scheduled until payment has been received.
4. Stage Payments and Final Balances
Final balances must be paid within five (5) days of the invoice date.
- Email reminders will be issued.
- Outstanding balances may be referred to HM Courts & Tribunals Service.
- Non-payment may result in a County Court Judgment (CCJ).
- Interest may be charged at 4% above the Bank of England base rate.
5. Service Calls
Service calls require payment of 90% of the final contract value before scheduling.
6. Certifications and Compliance
Building Regulations Compliance certificates, Insurance-Backed Guarantees, and FENSA certificates will be issued after full payment.
FENSA certification does not apply to:
- Altered window and door sizes
- New conservatories or porches
- Unheated porches
- Loft or property conversions
- New builds or extensions
- Repairs without frame replacement
- Commercial properties
7. Finance Arrangements
The Company may delay the commencement of works until written confirmation of finance has been received.
8. Transfer of Ownership and Warranties
- Warranty transfer is subject to applicable fees.
- Failure to transfer a guarantee may result in service call-out charges.
- A surveyor’s fee of £140 applies before any site inspection.
- No third party may enforce the provisions of this contract.
Personal Information
Personal data will only be processed in accordance with the Company’s Privacy Policy.
Other Terms
- Invalid or unenforceable provisions shall not affect the remaining terms.
- A delay in exercising contractual rights shall not constitute a waiver.
- Information required under the Consumer Rights Act 2015 forms part of the contract.
- These Terms and Conditions are governed by the laws of England and Wales.
- Consumer statutory rights remain unaffected.
- All disputes are subject to the jurisdiction of the courts of England and Wales.
- Ownership of products transfers to the Purchaser only after full payment has been received.
Information About the Company
- Fox Windows & Doors Ltd is a private limited company.
- Company registration number: 09993954.
- Registered office: Unit 64 Avenue M, Stoneleigh Park, Kenilworth, Warwickshire, CV8 2LG.
- VAT number: 244859179.
- Approved FENSA installer.
- Member of the Independent Warranty Association.
- Which? Trusted Trader.
- Approved Ultraframe installer.
- Telephone: 01926 754044 Email: info@foxwindowsanddoors.com