Kettell Windows Ltd Terms and Conditions
These Terms and Conditions are the standard terms which apply to the provision of all Services by Kettell Windows Ltd (“the Company”) 05405761, 12 The Warren, East Goscote Leicestershire, LE7 3XA to customers who require these Services. Kettell Windows Ltd FRN 917971. We are a credit broker and not a lender and offer loan products from one lender. No terms or conditions stipulated or referred to by the Customer in any form whatsoever will in any respect vary or add to these terms and conditions unless otherwise agreed by us in writing.
1. Definitions and Interpretation:
In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Agreement” means the contract into which you and we will enter if you accept our Quotation. The Agreement will incorporate, and be subject to, these Terms and Conditions;
“Consumer” means a Consumer as defined by the Consumer Rights Act 2015;
“Customer” means you, the party accepting our Quotation or placing an order with us;
“Final Fee” means the total of all sums you must pay, which will be shown on the invoice issued in accordance with clause 8 of these Terms and Conditions;
“Materials” means the Materials required for the provision of the Services which we will supply, where applicable, as specified in the Quotation;
“Property” means the Property, as detailed in the Quotation, at which the Services are to take place;
“Quotation” means the Quotation we give to you in accordance with clause 2 detailing the services we will provide to you and the fees we will charge;
“Quoted Fee” means the fee stated in the Quotation which may change according to the actual work undertaken as set out in these Terms and Conditions; and
“Services” means the Services we will provide as specified in the Quotation.
1.1. Each reference in these Terms and Conditions to:
1.1.1. “we”, “us” and “our” means the Company and includes all employees, agents and sub-contractors of ours;
1.1.2. “you” and “your” means the Customer;
1.1.3. “writing” and “written”, includes emails and text messages;
1.1.4. a statute or provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
1.1.5. a clause is a reference to a clause in these Terms and Conditions; and
1.1.6. “these Terms and Conditions” is a reference to these Terms and Conditions, as may be amended from time to time.
1.2. The headings used in these Terms and Conditions are for convenience only and do not affect the interpretation of these Terms and Conditions.
1.3. Words signifying the singular number will include the plural and vice versa.
1.4. References to any gender will include the other gender. References to persons, unless the context otherwise requires, include corporations.
2.1. All written Quotations given by us constitute an offer and will remain open for acceptance by the Customer for a period of 28 days from the date of the Quotation. Quotations can be accepted verbally or in writing.
2.2. On the Quotation, we will indicate the amount of deposit (if any) required from you and such deposit shall be paid by you to us upon acceptance of the Quotation.
2.3. We will retain the right, at any time before we receive your written or verbal acceptance of the Quotation, to withdraw or vary our Quotation provided that such withdrawal or variation is confirmed to you in writing.
3.1. As soon as practicable and in any event within 28 days of the date of the deposit being paid, we will arrange an appointment for a surveyor to take photographs and detailed measurements of the proposed works so that we may satisfy ourselves of:
3.1.1. the technical viability of the works;
3.1.2. compliance with current laws and guidelines; and
3.1.3. the appropriateness of the price agreed in the light of (i) and (ii) above.
3.2. T he time limits in this clause are subject to access being provided by you.
3.3. The surveyor will inspect only those areas which directly relate to the proposed installation, and we will not be responsible for any defects in other parts of the premises.
3.4. As a result of the findings of the survey, we may need to carry out additional enquiries and site investigations to determine the viability of the Agreement. In those circumstances, the Agreement will be suspended for the time period we require to carry out the necessary investigations.
3.5. If any survey reveals unforeseen additional work is required at an additional cost, or that the Services to be undertaken are unsafe or unsuitable, both parties have the right to cancel the Agreement. If the Agreement is cancelled under this clause 3, we will refund any deposit paid. Alternatively, the parties can agree to an amended Quoted Fee. Please note, this will extend any previous time frame or estimated programme dates we may have given you.
3.6. We may provide you with sketches, impressions, plans or similar documents in advance of the works. Any such material is intended for illustrative purposes only and is not intended to provide an exact specification, nor to guarantee specific results. Where you require us to provide the Services without a working drawing prepared by an independent contractor such as an architect, the Quoted Fee and Services are subject to change as the work progresses.
3.7. Any samples, illustrations and photographs we may provide are used to demonstrate the quality and appearance of the materials to be used. We cannot guarantee that any Materials supplied will conform precisely with the samples.
4. The Services
4.1. We will require you to grant us unrestricted access to the Property at all reasonable times for the purposes of taking measurements and for carrying out the Services, and for any subsequent remedial work if required.
4.2. We will provide the Services in accordance with the specification set out in the accepted Quotation and in the Agreement (as may be amended by written agreement between you and us from time to time, however we shall not be liable to begin amendments until we have received written confirmation).
4.3. We will use reasonable endeavours to ensure that the Materials we use match those chosen by you. However, we cannot guarantee the quality, tint, colour, pattern or finish of the Materials. We cannot guarantee consistency throughout, due to unavoidable variances that may arise in manufacturing processes.
4.4. We will ensure that the Services are performed with reasonable care and skill and to a reasonable standard which is consistent with best trade practice and all current building regulations.
4.5. We will ensure that we comply with all relevant codes of practice and FENSA regulations.
4.6. We are not liable to carry out any decorating work, unless otherwise stated in our Quotation, but will ensure that no parts of the Property suffer damage as a result of our provision of the Services. This does not apply to damage caused to any existing decorations which is reasonably commensurate with the carrying out of works in the usual way. We will make good any other damage that occurs at no additional expense to you, as soon as is reasonably possible.
4.7. Unless otherwise agreed in writing, we will not undertake the re-siting of any gas, electrical, wiring or plumbing or telephone installations. Suitable arrangements should be made by you for any such works to be carried out prior to commencement of the Services.
4.8. We will make good all brickwork and plasterwork in the immediate proximity to the Services but the Customer alone will be responsible to make good all interior decoration which may of necessity be disturbed.
4.9. We will properly dispose of all waste that results from our provision of the Services.
4.10. We will, where necessary, provide temporary glazing and/or boarding to protect the interior of the Property from the elements. We will also advise you of any security risks associated with these temporary materials.
4.11. We accept no responsibility for any damage caused upon removal of window frames where existing materials are not soundly ‘keyed’ or have otherwise not been maintained in a satisfactory condition.
4.12. The cost of any unforeseen structural alterations which we may be obliged to carry out as a result of the installation or building control regulations and any consequent remedial work shall be paid for by the Customer and shall be deemed to be added to and form part of the price for the Services.
4.13. Any dates given by us are estimates only and unless otherwise specifically agreed by us in writing, we shall have no obligation to complete the works by a specified date.
4.14. From time to time we may take photos of the Services for marketing and social media purposes with the Customer’s verbal permission. We will use all reasonable endeavours to remove any identifying features such as house numbers/names or any persons. If you are unhappy with our posts, let us know as soon as possible and we will remove or edit them.
5. Delays and Abortive Visits
5.1. Unless otherwise agreed in writing, our Quoted Fee is based on being able to complete our works at the agreed times and in one continuous visit.
5.2. Our Services are subject to current weather conditions, thus we may need to delay and/or reschedule the Services and we shall not be liable for any adverse effect this may have.
5.3. The Customer shall ensure that we can access the Property on the agreed dates and at the agreed times to carry out the Services. If access is not granted or we are prevented from continuous working through to completion, we reserve the right to recover any costs incurred, such as for storage of materials or non productive visits to the Property.
Any variations to the accepted Quotation must be in writing and signed by both parties before we will proceed with the works. Any price variation shall become due for payment to us in accordance with the terms for payment as detailed in clause 8. Please be aware that variations to the agreed specification may result in delays to any estimated programme dates we have previously agreed.
7. Risk and Retention of Title
7.1. The responsibility (sometimes referred to as the “risk”) for the Materials remains with us until they have been delivered to you, at which point it will pass to you.
7.2. Until full payment has been made in accordance with our Quotation we shall remain the legal and equitable owner of the Goods.
8. Fees and Payment
8.1. Our standard payment terms are: Up to 50% of the Quoted Fee as a deposit where applicable, payable upfront prior to the survey, with the balance due upon completion.
8.2. We reserve the right, for building works or other larger works eg. conservatories, to charge interim payments at suitable stages as the works progress. If this is to be the case, we will notify you of the stages and payments due in our Quotation.
8.3. The Quoted Fee will include the price payable for the Services and for the estimated Materials required. We will, where reasonably possible, use only the Materials, and quantities of them, as set out in the Quotation; however if additional Materials are required, we will adjust the Final Fee to reflect this.We will keep any increases to a necessary minimum.
8.4. If the price of Materials or Services increases during the period between your acceptance of the Quotation and the agreed start date, we will inform you of the increase and of any difference in the Final Fee.
8.5. The Quoted Fee and the Final Fee are exclusive of VAT. If the rate of VAT changes, we will adjust the amount of VAT that you must pay.
8.6. You must pay any invoice immediately upon receipt or in any event within 24 hours, by bank transfer, cash, credit/debit card or cheque. Please hand cash or cheques to our installation team.
8.7. If payment is not made on the due date in accordance with the Agreement and this clause 8, we shall have the right to require payment of interest on the outstanding amount at a rate of 4% above the Bank of England base rate, accruing on a daily basis from the due date until date of actual payment. We may also refuse to provide any further Services under the Agreement until such time as any outstanding payment has been paid and will not be liable for any delays caused as a result.
8.8. The time for payment is of the essence of the Agreement and failure to pay the full price or balance on the due date may invalidate the terms of the guarantee as detailed in clause 12.
8.9. If you have promptly contacted us to dispute an invoice in good faith, we will not charge interest while such a dispute is ongoing.
9. Customer’s Responsibilities:
You are responsible for:
9.1. ensuring that if any consents, licences or other permissions are needed from any third parties such as landlords, planning authorities, local authorities or similar, these have been obtained by the Customer before we begin the works;
9.2. ensuring that we can access the Property at the agreed times to provide the Services;
9.3. providing electricity, gas and water, at no cost to us, to enable us to complete the works and, if necessary, any remedial works;
9.4. ensuring that access is granted to neighbouring land in the event such access is required and we shall not be held liable for any delays arising out of the inability to gain access;
9.5. the cost of any additional work necessary to complete the Services as a result of your failure, or the failure of any third party not instructed by us, in complying with our specifications. Where a conservatory base has been installed by you or any third party and where this has been constructed inadequately or incorrectly, we will not be held responsible for any subsequent loss or damage attributable to defects with the base.
10.1. Where the Customer is a Consumer, the Customer has a statutory right to a “cooling off” period. This period begins once the Agreement is formed and ends at the end of 14 calendar days after that date.
10.2. The cooling off period does not apply to any bespoke goods or materials made to measure ordered by the Customer.
10.3. If you wish to cancel the Agreement within the cooling off period, you should inform us immediately by post or email to the contact details provided with our Quotation. You will meet the cancellation deadline as long as you have sent your cancellation notice before the 14 days have expired.
10.4. If you cancel within the cooling off period, you will receive a full refund of any amount paid to us under the Agreement. Any refunds will be made within 14 days after the day on which we are informed of the cancellation, using the same method used to make the payment, unless you have expressly agreed otherwise. In any case, you will not incur any fees as a result of the refund.
10.5. If the start date for the works falls within the cooling off period, you must make an express request for the Services to begin within the 14 day cooling off period. By making such a request, you acknowledge and agree to the following:
10.5.1. If the Services are completed within the 14 day cooling off period, you will lose the right to cancel once the works are completed;
10.5.2. If you cancel the Agreement after the Services have begun, you will be required to pay for the Services and Materials supplied up until the point at which you inform us of your wish to cancel. The amount due will be calculated and refunded or deducted in proportion to the total Quoted Fee and the actual Services already provided.
11. Cancellation of Contract After the Cooling Off Period:
Where the Customer is not a Consumer, or should any Consumer Customer cancel the Agreement with us after the expiry of the cooling off period above, the Customer shall remain liable to pay for any such part of the work as has been completed and we reserve the right to levy reasonable cancellation charges, including but not limited to, any administration costs, procurement costs and loss of profit, against the Customer and these shall fall due for payment immediately. Any monies already paid to us shall be non-refundable. Should cancellation take place after the purchasing of any Materials, payment for such Materials and any expenses incurred will be required to be paid to us by the Customer.
12.1. We guarantee that, with the exception of normal wear and tear, all our Services including, but not limited to, PVCu windows and door frames installed by us will be free from any defective workmanship or any failure in welded joints or distortion in accordance with the manufacturer’s/supplier’s recommendations for a period of 10 years following completion of the works.
12.2. Glass sealed units are guaranteed for a period of no longer than 5 years from the commencement date for the failure of hermetical seals (which cause misting between the panes).
12.3. Locking mechanisms, hinges and all moving parts are guaranteed for 5 years subject to regular maintenance.
12.4. Coloured frames are guaranteed for 5 years subject to Clause 12.5.
12.5. If any defects appear due to no fault of yours during the guarantee period, we will rectify any and all such defects at no cost to you. Any Materials supplied by us shall be subject to the extents and limits of the guarantee provided to us by the manufacturer’s guarantee or warranty.
12.6. This guarantee is subject to:
12.6.1. payment having been received by us in full in accordance with clause 8;
12.6.2. the Customer providing notice to us within 28 days of the Customer becoming aware of any such defect;
12.6.3. the Customer ensuring that no person modifies, adjusts or interferes with the works without our prior approval. Should this occur, any problems encountered as a result will be chargeable; and
12.6.4. the Customer following all instructions issued by us upon completion of the works, including cleaning instructions.
12.7. We accept no liability in respect of the following:
12.7.1. damage due to causes beyond our control including, but not limited to, accident, storm, flood, neglect, misuse, faults or premature deterioration which result from the Customer’s failure to comply with our maintenance and cleaning instructions;
12.7.2. damage due to misuse or vandalism;
12.7.3. the failure of the installation to reduce or eliminate condensation;
12.7.4. minor imperfections within the glass and outside the scope of the visual quality standards of the Glass and Glazing Federation;
12.7.5. minor defects to plaster work and brick work due to settlement;
12.7.6. damage resulting from subsidence or damage to the works attributable to the failure of foundations, the base or structure, or any other works, when these have not been carried out by us;
12.7.7. discolouration or frost damage to brick work;
12.7.8. specialist items installed, such as electrical ventilators, which shall be covered under the manufacturer’s guarantee; or
12.7.9. cosmetic damage or deterioration arising out of normal wear and tear.
12.8. If the Customer sells the Property, the guarantee is transferable to subsequent owners of the Property for a fixed fee of £249.00 (ex.Vat) but is limited to the remaining period of the original guarantee & can not be extended. tee is not transferable to subsequent owners of the Property.
12.9. Any repair work carried out or replacement units supplied within the guarantee period will also be covered by the guarantee, but only for the remainder of the original guarantee period.
12.10. Any guarantee exists in addition to the Customer’s consumer rights. Nothing in these Terms and Conditions shall affect your statutory rights as a consumer.
We always welcome feedback from our customers and, while we always use all reasonable endeavours to ensure that your experience as a customer of ours is a positive one, we nevertheless want to hear from you if you have any cause for complaint. Please make any complaint to us in writing.
Unless you have reasonable justification in refusing entry, we will require you to grant us all reasonable access and facilities to remedy any complaint for which we may be liable.
14. Events Outside of Our Control (Force Majeure):
We will not be liable for any failure or delay in performing our obligations under these Terms and Conditions where the failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: adverse weather, power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, natural disaster, or any other event that is beyond our reasonable control.
15.1. We will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms and Conditions or as a result of our negligence. Loss or damage is foreseeable if it is an obvious consequence of the breach or negligence or if it is contemplated by you and us when the Agreement is entered into. We will not be responsible for any loss or damage that is not foreseeable.
15.2. We will maintain suitable and valid insurance.
15.3. We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
15.4. We are not responsible for any pre-existing faults or damage in or to your Property that we may discover while providing the Services.
15.5. We are not liable for any loss or damage you suffer which results from your failure to follow any reasonable instructions given by us.
15.6. Nothing in these Terms and Conditions is intended to or will limit or exclude our liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation.
15.7. Nothing in these Terms and Conditions is intended to or will limit your legal rights as a Consumer under any consumer protection legislation. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
16. How We Use Your Personal Information (Data Protection):
All personal information that we may collect will be collected, used and held in accordance with the provisions of the Data Protection Act 2018 and General Data Protection Regulation (2016/679)) and your rights under that Act. We may use your personal information to provide the Services to you, process payments and inform you of new products and services available from us. You may request that we stop sending you this information at any time. We will not pass on your personal information to any third parties without first obtaining your express permission.
17. Other Important Terms
17.1. The Agreement is between you and us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of the Agreement.
17.2. If any provision of the Agreement or these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Agreement or these Terms and Conditions and the remainder of the provision in question will not be affected.
17.3. No failure or delay by either party in exercising any rights under the Agreement means that we or you have waived that right, and no waiver by either party of a breach of any provision of the Agreement means that we or you will waive any subsequent breach of the same or any other provision.
18. Law and Jurisdiction
18.1. These Terms and Conditions and the relationship between you and us (whether contractual or otherwise) will be governed by, and construed in accordance with, the laws of England and Wales.
18.2. Any dispute, controversy, proceedings or claim between you and us relating to the Agreement or these Terms and Conditions (whether contractual or otherwise) will be subject to the jurisdiction of the courts of England and Wales