Terms & Conditions

1. Terms

1.1 These terms and conditions, together with your signed order, constitute the agreement between Walkers Windows Limited (“us”) and the customer (“you”) for supplying and fitting of our products. We intend to rely upon the written terms set out here. If you require any changes, please make sure you ask for these to be put in writing. In that way, we can avoid any problems surrounding what we and you are expected to do.

1.2 Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

2. Our contract with you

2.1 Our acceptance of your order will take place on our receipt of a satisfactory property survey and when we tell you that we are able to provide you with the services, which we will also confirm in writing to you, at which point a contract will come into existence between you and us. Neither party may alter the contract without the agreement of the other.

2.2 If we are unable to accept your order, we will inform you of this in writing and will not charge you for the services. This might be because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements or because we have identified an error in the price or description of the services.

2.3 We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

3. Your right to cancel

3.1 You have the right to cancel the contract if you wish. The right can be exercised by delivering, or sending notice to Walkers Window Company, Trafalgar Mills, Leeds Road, Huddersfield, HD2 1YY at any time within the period of 14 days starting with the date of the receipt of this notice. A sample notice of cancellation (Notice of Right to Cancel) is set out at Annex A. The notice of cancellation is deemed to be served as soon as it is posted or sent in the case of electronic communication from the day it is sent. If services have commenced, with your written agreement and before the end of the cancellation period, you may be required to pay for any goods or services supplied.

4. Your right to make changes

4.1 If you wish to make a change to the services please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the services, their timing or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

5. Our rights to makes changes

5.1 We may change the services:
5.1.1 to reflect changes in relevant laws and regulatory requirements, or
5.1.2 to implement minor technical adjustments and improvements

6. Providing the services

6.1 We will supply the services to you from the date set out in the order until we have completed the services. The estimated completion date for the services is as told to you during the order process.

6.2 If our performance of the services is affected by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any services you have paid for but not received.

6.3 You shall permit us access to your premises during normal business hours (08:00 to 17:00) to enable the specified services to be carried out and completed. Surveys and service work is to be completed within these hours.

6.4 We will perform the services with all reasonable skill and care and we will repair any damage we cause, apart from damage to ceramic tiles or wall coverings which you must replace or repair. We will not be responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services. You must comply with our reasonable recommendations, preparatory to installation taking place, designed to minimise/avoid the risk of damage.

6.5 All glass used is the best obtainable but no guarantee is given against minor imperfections. Both parties acknowledge that the British Standards Institutes’ definition of “minor imperfections” applies in accordance with manufacturers specifications and guidelines in relation to the glass.

6.6 You acknowledge that condensation will not necessarily be eliminated or reduced with the fitting of double glazing. It is your responsibility to ensure that adequate ventilation is provided.

6.7 Due to our use of high-quality, insulated, double-glazing, it is possible that your glass may have external condensation in some weather conditions.

6.8 We will not, unless specifically agreed by both parties in writing, move pipes, wires, doorbells, cables, satellite dishes, TV aerials or telephone wires or sockets of any kind while we are installing the goods. If this is necessary you must undertake such works at your own expense. If you do not arrange for such works to be undertaken, and the services are delayed, you may be required to pay our reasonable costs for any delays in addition to the price quoted for the services.

6.9 We shall not accept responsibility for damage to the base of conservatories caused by natural subsidence or subsidence caused by a third party i.e mining or subsequent building work to the property or the surrounding area or damage caused by vegetation growth or tree roots.

6.10 If you choose to carry out your own building works, we will not be responsible for any damage to frames or glass caused directly by such works. We cannot be held responsible for any latent defects in the foundations of your property or base of the conservatory which causes subsidence or damp to such foundations and which arise within the guarantee period for the services.

6.11 If we are installing onto an existing base or extending a base we will not be responsible for any base subsidence or water ingress to any part of the installation. You are responsible for the removal of flooring before any works commence.

6.12 You acknowledge that the outside wall of your house will become an internal wall and may need to be plastered, boarded, painted or coated in some way. This is your responsibility unless we agree to undertake such works. We recommend cavity trays in exposed locations. Please advise us if you consider the conservatory location to be exposed to adverse weather conditions. If a cavity tray is not installed, we will not be responsible for any water ingress caused due to lack of cavity tray.

6.13 Electrical works may be required in order for us to provide the services, for example, installation of lights or sockets. Plumbing work may also be required, for example, re-siting of radiators. You should arrange for such works to be carried out by your appointed engineer during or before commencement of any services by us. If you supply us with any electrical goods for installation, these must be available at the commencement of the services, otherwise, we may need to make additional visits to your property, for which additional charges will be payable as notified to you prior to commencement of any additional works.

6.14 Works may arise of an unforeseen nature during our provision of the services including (but not limited to) works relating to repair, replacement, removal, sealing or re-siting of gas pipes, electricity wires, sockets or cables, water mains, drains, culverts, underground springs or remedial works where there is a lack of solid ground below a depth of 2’6”/750mm and you should arrange, at your own expense, for such works to be carried out by the relevant authority, us or a qualified engineer at the earliest opportunity to enable us to complete the services.

6.15 All drawings detailed in any quote we provide are not to scale and are purely for diagrammatic purposes. All sizes are approximate. Exact measurements will be detailed in the survey report which will be undertaken (and which must be satisfactory to us) prior to our acceptance of any order. Please note that we will only hold the price of the any quotes provided to you for the period of 6 months from the date of the quote unless we agree otherwise in writing.

6.16 All goods supplied by us as part of the order remain our property until paid in full.

7. Your obligations

7.1 Our policy of continual improvement and special site conditions often means that roof type specifications are changed periodically. Please ensure that the type of and pitch of roof is acceptable to you as a number of different types are available.

7.2 It is your responsibility to ensure that applicable Building Regulations Consent and planning approval has been obtained for the works where necessary from your Local Authority before commencement of the services.

8. Price and payment

8.1 The price of the services (which includes VAT) will be the price set out in your order unless we have agreed another price in writing. We take all reasonable care to ensure that the prices of services advised to you are correct.

8.2 It is always possible that, despite our best efforts, some of the services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the service’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the service’s correct price at your order date is higher than the price stated, we will contact you for your instructions before we accept your order.

8.3 You must make an advance payment of 20% of the price of the services, before we start providing them We will invoice you for the balance of the price of the services when we have completed them. You must pay the balance invoice immediately on presentation either to us, our appointed subcontractor or other authorised representative, as stated in the order. We accept payment with cash, cheque or debit/credit card. Payment by credit card will incur an additional charge of 2%.

8.4 Payment is due as indicated in your order and invoices. If payment is not received by the due date, we may charge interest to you at the amount of 4% per annum over the base rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

8.5 If you think an invoice is wrong please contact us promptly to let us know and we will not charge you interest until we have resolved the issue.

9. Your rights to end the contract

9.1 You may contact us at any time to end the contract for the services, but in some circumstances we may charge you certain sums for doing so, as described below.

9.2 If you are ending the contract for a reason set out at 9.2.1 to 9.2.5, the contract will end immediately and we will refund you in full for any services which have not been provided or have not been properly provided. The relevant reasons are:
9.2.1 we have told you about an upcoming change to the services or these terms which you do not agree to; or
9.2.2 we have told you about an error in the price or description of the services you have ordered and you do not wish to proceed; or
9.2.3 there is a risk the services may be significantly delayed because of events outside our control; or
9.2.4 we suspend the services for technical reasons, or notify you that we are going to suspend them for technical reasons, in each case for a period of more than 10 weeks; or
9.2.5 you have a legal right to end the contract because of something we have done wrong.

9.3 If you are not ending the contract for one of the reasons set out in clause 9.2 above, the contract will end immediately, but we may charge you reasonable compensation for the net costs we will incur as a result of your ending the contract.

9.4 Unless you have a right to end the contract immediately, the contract will not end until 30 days after the day on which you contact us. We will refund any advance payment you have made for services which will not be provided to you. For example, if you tell us you want to end the contract on 4 February the services will stop on 3 March. We will only charge you for services up to 3 March and will refund any sums you have paid in advance for services after 3 March.

10. Our rights to end the contract

10.1 We may end the contract at any time by writing to you if:
10.1.1 you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due; or
10.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services; or
10.1.3 you do not, within a reasonable time, give us access to your property to enable us to provide the services to you; or
10.1.4 we are prevented from providing the services because (in our reasonable opinion) there would be a healthy and safety risk to us, our employees or to our subcontractors.

10.2 If we end the contract in the situations set out above we will refund any money you have paid in advance for services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

10.3 We may write to you to let you know that we are going to stop providing the services. We will let you know at least 7 days in advance of our stopping the services and will refund any sums you have paid in advance for services which will not be provided.

11. Product Guarantees & Warranties

11.1 All windows, glass and building work supplied by us carry a 10 year guarantee. All mechanical workings of hardware are also covered by a 10 year guarantee. Hardware is not covered against general wear and tear and scratches. For this to remain effective the windows and doors must be maintained in a good condition by regular cleaning and lubrication.

11.2 Fascia soffits and cladding are covered by a 10 year guarantee. Sprayed products and coloured gutters and fallpipes are not guaranteed against discolouration. We will not guarantee gutters and fallpipes against blockages. If we are called out to unblock gutters and fallpipes due to lack of maintenance, this will be chargeable. We will only cover integral blinds, fans, heaters, air conditioning, underfloor heating, lights in accordance with manufactures guarantees. All rainwater systems installed by us are manufactured and installed to last in excess of 10 years. You should not experience any problems with leakage providing the gutters are kept clear of leaves and debris and are not disturbed or damaged in any way.

11.3 Rainwater products are guaranteed against corrosion for a period of 10 years. All rainwater systems are thoroughly tested after installation but due to previous problems experienced with window cleaners, roofers, telephone or satellite engineers and adjoining neighbours, we can only guarantee rainwater products against joint leakage for a period of 12 months. After the initial 12 month period has expired an additional 12 month guarantee can be purchased. You will be advised of the cost of the additional guarantee at the time of purchase. Included in the price of the additional guarantee, we will carry out a full service and water test before issuing your new 12 month guarantee.

11.4 Guarantee terms will apply whilst the purchaser remains in occupation of the installation address.

11.5 Cement pointing on roof tile verges is not covered under the guarantee

11.6 Flat Roofs are flat roofs by their definition and as such may hold water. Flat Rubber roofing is covered by a 10 year guarantee.

11.7 Rubber roof coverings may have slight creases or bubbles, these are aesthetic only and are not detriment to the roof so should not be covered under guarantee.

11.8 Minor marks or blemishes should not be covered past one month also any reported in side one month should be subject to GGF rules for assessing glass.

12. If there is a problem with the services

12.1 If you have any questions or complaints about the services, please contact us. You can contact us by telephoning our consumer service team at 01484 481 020 or by writing to us at enquiries@walkerswindows.com or Walkers Windows, Trafalgar Mills, Leeds Road, Huddersfield HD2 1YY. Alternatively, please speak to one of our staff in-store.

12.2 Please see below for a summary of your key legal rights in relation to the services. Nothing in these terms will affect your legal rights.

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

The Consumer Rights Act 2015 says:

you can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it
if you haven’t agreed a price upfront, what you’re asked to pay must be reasonable
if you haven’t agreed a time upfront, it must be carried out within a reasonable time

13. Other important terms

13.1 This contract is between you and us. No other person shall have any rights to enforce any of its terms.

13.2 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

13.3 If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract that will not mean that you do not have to do those things or prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the services, we can still require you to make the payment at a later date.

13.4 These terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the services in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the services in either the Northern Irish or the English courts.

Annex A

SAMPLE NOTICE

Notice of the right to cancel

Trader details: Walkers Windows Limited, Trafalgar Mills, Leeds Road, Huddersfield HD2 1YY
Telephone: 01484 481020 Email: sales@walkerswindows.com
Customer details: (name/address)

Contract details: (reference number/details sufficient to identify the contract or offer)

Date:

You (the customer) have the right to cancel this contract if you wish. This right can be exercised by delivering, or sending notice to Walkers Window Company, Trafalgar Mills, Leeds Road, Huddersfield, HD2 1YY at any time within the period of 14 days starting with the date of receipt of this notice. The notice of cancellation is deemed to be served as soon as it is posted or sent or in the case of electronic communication from the day it is sent. If work on the above contract has begun, with your written agreement, before the end of cancellation period, you may be required to pay for any goods or services supplied. You may use the cancellation form provided below only if you wish to do so.

If you wish to cancel the contract you MUST DO SO IN WRITING and deliver personally, or send (which may be electronically mail) this to the person named below. You may use this form if you want to but you do not have to.

(Complete, detach and return this form ONLY IF YOU WISH TO CANCEL THE CONTRACT.)

To: Walkers Windows Ltd, Trafalgar Mills, Leeds Road, Huddersfield HD2 1YY sales@walkerswindows.com
I/We (delete as appropriate) hereby give notice that I/We (delete as appropriate) wish to cancel my/our (delete as appropriate) contract.

Signed:

Name & Address:

END OF SAMPLE NOTICE

Walkers Windows Ltd. Trading as Walkers Window Company. Authorised and regulated by the Financial Conduct Authority.