TERMS & CONDITIONS of BUSINESS
ACCEPTANCE OF ORDER
All contracts are accepted subject to a final survey by the company. If as a result of the surveyor’s report, the contract carried out for the price quoted by reason of its nature or if incorrect pricing, the customer will be informed either that the contract cannot be carried out and is cancelled or that it can be out at and amended price. Within five days of receiving notice of an amended price, the customer may cancel the contract by sending written notice to that effect of the company. If the contract is cancelled pursuant to the condition by the company or the customer the deposit paid by the customer will be refunded in full. The company will try to fulfil the contract as it is reasonably possible but time will not be of the essence of the contract.
Payment of the balance of money specified in the contract shall be immediately due upon installation. Payment maybe made either by Bank Transfer or Debit Card Only,. The customer must retain a copy of the contract with payment indicated. The customer shall not be entitled to withhold payment by reason of any alleged defect. The company will investigate any alleged defect after full payment of the balance.
It is your responsibility to check you have chosen the correct specification and have checked the product description carefully and raise any concerns at survey stage, once survey is completed and deposit paid no changes can be made to the contract. Representative’s samples are used to demonstrate a typical item and its composition. Items shown in the contract will be measured and manufactured in the way considered suitable by the company and pursuant to the company’s policy of continuous improvements to its products and it reserves the right to make any necessary modifications. The goods supplied do not necessarily correspond to such display models.
All glass shall be of good quality but the company shall be under no liability whatsoever in respect of minor blemishes and imperfections not guaranteed by the glass manufacturer, neither will it replace any glass cracked or broken after installation. Safety glass used in doors, patios and conservatories are specifically liable to inherit imperfections arising from the manufacturing process. Glass standards can be found in the “GGF – Quality of Vision” guide
The customer shall grant the company’s employees access to the premises at reasonable times for the purposes of taking measurements of carrying out the work specified. The company will make good any damage caused in the course of installation to plaster, floor, rendering or brickwork immediately surrounding any window or door installed but does not undertake to provide matching ceramics or other tiles to specialist finishes such as Tyrolean or pebble dash or to avoid damage to surrounding wallpaper or paintwork or to remove intact any panes of glass or old frames from old windows required to be retained by the customer. The company accepts no responsibility for any damage resulting from structural or other defects in the property at which the installation is carried out. The customer shall be responsible for the removal of internal fittings that are considered necessary in the opinion of the company’s installers to enable the installation to be carried out. In the event that the customer insists against the company’s advice on ordering a glazed installation of a size or style which results in the company’s recommended maximum size for particular area of glass being exceeded the company shall not be responsible for any risk or potential adverse consequences involved and the company’s guarantee shall not apply to any defect which is the result of the installation of an oversize unit. We cannot be held responsible for Door & Window alarms, whilst we do our best to assist you it is your responsibility to ensure sensors are removed prior to installation and reinstated afterwards, should we require an alarm engineer this will be charged back to the customer
The PVC-U is covered for 10 years from installation date, double glazed units are covered for 10 years & triple glazed units for 10 years, units with integral blinds are covered for 5 years. Door or Window furniture including Locks & Hinges for 2 years. Fascia’s, Soffits & Guttering covered for 1 year, Conservatory Bases covered for 5 years, Silicone & Sealants for 2 years, Roof Tiles are 25 Years (Manufacturers Warranty) and all materials relating to the SupaLite Tiled System is 10 Years, Door Adjustments for 12 months, Workmanship is covered for 5 years. Under this guarantee liability will not be accepted if any attempt is made to carry out repair or adjustment by any person other than the company’s accredited service agents and will void your guarantee with us and is subject to following the PDS Maintenance Guide. Our Guarantee is only transferrable by request and will require a Handover Inspection (Chargeable) to ensure the products have been correctly maintained. Only once this is completed will we accept the transfer of Guarantee
The company cannot guarantee that the condensation, if any, can be eliminated or reduced by installation of its products nor accept liability for condensation which is natural phenomenon caused by degrees of humidity, temperature and ventilation. Except where by law its liability cannot be excluded or limited: –
Limit of Liability
The company will not be liable in contract tort or otherwise for any other special indirect or consequential
damage of any nature whatsoever.
a) The company’s liability for loss or damage in contract tort otherwise for any special relation to the contract shall be limited to the price charged for the provision of the goods service.
Where the customer is a customer (as defined by the unfair contract terms act 1977) nothing in these conditions shall affect their statutory rights.
RETENSION OF TITLE
The company will remain the sole and absolute owner of all equipment & products supplied under this contract until payment in full has been made. Until receipt by the company of such payment the customer will hold the equipment for the company as Bailee and will not move any such equipment from the place in which it has been installed.
When payment of the contract price is overdue the customer suffers distress or execution to levy against their effects, makes arrangements or composition with their creditors or has a receiving bank order in bankruptcy made against them then the company shall be entitled to recover equipment from the customer.
The company may for the purposes of recovery of its equipment enter the premises where it is installed and may remove the same.
COMPLAINTS HANDLING PROCEDURE
Any complaint verbal or written, including electronically, will be referred to our complaint’s manager at the earliest opportunity or to a member of the senior management if the complaints manager is unavailable. We will also
- Record details on the firm’s system immediately
- We will not delay your complaint by asking you to write to us about your complaint
- We will acknowledge the complaint in writing promptly
- We will make contact to seek clarification on any points where necessary
- Fully investigate the complaint
- Keep you informed of our progress
- Discuss with you our findings and proposed response
- Ensure that our firm partners have a compliant complaints procedure and are communicating with their customer using this
- Provide clear deadlines to respond
You will receive contact from us advising on progress if we cannot respond immediately. We will let you have our final response as soon as possible and not later than eight weeks.
Customers may express dissatisfaction to Spikings Ltd t/a PDS Windows about our products and services. We will need to establish whether or not the complaint relates to the information given, the firm or the service and installation. If unclear, this must not delay investigation and we will proceed with our own investigation. The complaints manager will review this matter and take the complaint to the firm for them to investigate and provide a written explanation and any supporting information. This may include photos, checklists or remedial satisfaction notes.
The complaints manager will establish the nature and scope of the complaint having due regards to the Financial Conduct Authority’s direction:
- Deal with complaints promptly and fairly
- Give complainants clear replies and, where appropriate, fair redress
- We may take up to 8-weeks to provide a response
It is the firm’s policy to treat all complainants the same, however, eligible complainants, customers that have purchased goods and services using a lenders finance, are legally defined and have additional rights in law that we must acknowledge and adhere to.
The Financial Conduct Authority complaints rules apply to complaints:
- Made by, or on behalf of an eligible complainant.
- Relating to regulated activity.
- Involving an allegation that the complainant has suffered, or may suffer, financial loss, material distress or material inconvenience.
This will set out clearly our decision and the reasons for it. If any compensation is offered a clear method of calculation will be shown.
The firm must include details of the Financial Ombudsman Service in the final response if dealing with an eligible complainant and a regulated activity, we will:
- Explain that the complainant must refer the matter to the ombudsman within six months of the date of the final response letter or the right to use this service is lost
- Indicate whether or not we consent to waive the relevant time limits.
Complaints Settled within 3 business days
Complaints that can be settled to the customer’s satisfaction within 3 business days can be recorded and communicated differently.
- Where we consider a complaint to be resolved to the customer’s satisfaction under this section, the firm will promptly send a ‘Summary Resolution Communication’, being a written communication from them which:
refers to the fact that the customer has made a complaint and informs them that they now consider the complaint to have been resolved to the customers satisfaction.
- The firm will tell the customer that if they subsequently decide that they are dissatisfied with the resolution of the complaint they may be able to refer the complaint back to the firm for further consideration or alternatively refer the complaint to the Financial Ombudsman Service;
- Provide the website address of the Financial Ombudsman Service; and
- Refer to the availability of further information on the website of the Financial Ombudsman Service.
In addition to sending you a Summary Resolution Communication, the firm may also use other methods to communicate the information where:
- We consider that doing so may better meet the customer’s needs; or
- They have already been using another method to communicate about the complaint. This may include recorded calls, emails or text messages.
Closing a complaint
We will consider a complaint closed when we have made our final response to the customer. This does not prevent a customer from exercising any rights they may have to refer the matter to the Financial Ombudsman Service.
Financial Ombudsman Service
We will co-operate fully with the Ombudsman in resolving any complaints made against us and agree to be bound by any awards made by the Ombudsman. The firm undertakes to pay promptly any fees levied by the Ombudsman.
How Long You Have to Complain to the Financial Ombudsman Service
You have the right to refer your complaint to the Financial Ombudsman Service, free of charge – but you must do so within six months of the date the final response letter.
If you do not refer your complaint in time, the Ombudsman will not have our permission to consider your complaint and so will only be able to do so in very limited circumstances. For example, if the Ombudsman believes that the delay was as a result of exceptional circumstances.
The Financial Ombudsman Service, Exchange Tower, London E14 9SR
Tel: 0800 023 4567 (free for most people ringing from a fixed line) or 0300 123 9123 (cheaper for those calling using a mobile) or 020 7964 0500 (if calling from abroad)
OMBUDSMAN SCHEME – HANDLING OF DISPUTES.
1. All disputes, differences and questions which at any time arise between the parties to this agreement and guarantee or their representatives or assigns attaching to or arising out of or in respect of this agreement and guarantee or its subject matter shall be, and are hereby, submitted via The Double Glazing and Conservatory Quality Assurance Ombudsman Scheme (DGCOS) (unless there is good reason to send the matter directly to the Ombudsman) for conciliation, mediation or determination/arbitration by the Ombudsman or his nominee.
2. Where a matter referred for conciliation or mediation has not been resolved within one month or such later time as the parties may agree in writing either of the parties shall have the right to request that the matter(s) in dispute be resolved by arbitration and/or determined by the Ombudsman pursuant to the rules of The Quality Assurance Ombudsman Scheme, 1996, or any subsequent modification thereof.
3. Where the complainant party is a consumer as defined in the Unfair Terms in Consumer Contracts Regulations, 1999 and in the Arbitration Act, 1996, or any re-enactment or statutory modification of either, this clause shall only apply where the complainant, in writing, requests a resolution by conciliation, mediation or determination/arbitration after the arising of the dispute, difference or complaint or question.
4. In the event of any dispute arising during the course of or subsequent to completion of the contract the customer will not be entitled to withhold payment in excess of an amount representing the reasonable cost of the work required to rectify or replace any allegedly defective Works which are the subject of the dispute.
NOTICE OF THE RIGHT TO CANCEL
Trader Details: Spikings Ltd t/a PDS Windows, 61 – 61a Chapeltown, Pudsey, LS28 7RZ, 0113 2363569, firstname.lastname@example.org