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The Company undertakes to repair or replace the Product itself or part of the Product if the Product develops a defect due to defective materials or defective construction within 10 years of the date of installation
SUBJECT TO THE FOLLOWING CONDITIONS
1. That notice in writing of any claim under the Guarantee shall be given by
the Purchaser to the Company Hainault Home improvements, 593-595 New North Road, Hainault, Essex IG6 3XS, within the period of the guarantee and promptly after the alleged defect arises.
2. That the Product was installed by fitters appointed or employed by the Company: 3. That the Product has not been damaged as a result of accident
or negligence by the Purchaser or a third party, or by enemy action, civil commotion, Act of God, or any other force majeure'.
4. Where the Company installed the Product, the Purchaser shall not interfere with the fixings of the Product without the prior consent in writing of the Company.
5. That the Company, or its appointed representatives, shall have been afforded reasonable opportunity to examine the Product on site.
6. That where the Product requires maintenance, this shall have been carried out by the Purchaser in accordance with the maintenance instructions issued by the Company.
7. Where white aluminium frames are included the initial gloss finish will tend
to become dull during the life of the units, and the guarantee is therefore qualified in the respect. Also, where brass fittings are supplied the surface
may be affected by local climate conditions and this guarantee is modified in the respect.
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8. No guarantee can be given on hardwood products.
9. When the property into which the units are installed is other than a domestic dwelling owned or occupied by the person signing the order form, a guarantee period of 1 year only shall be substituted for the period of 10 years above referred to but otherwise the provisions of this Clause shall remain in full force and effect.
10. That the Company be permitted to manufacture and fit any replacement in the most economical manner and within a reasonable time consistent with the Company's normal delivery period, such replacement being manufactured in accordance with the manufacturing procedures of the Company current at the time of replacement, which may incorporate modifications arising out of changed or improved technical developments.
In case of replacement the period of guarantee shall extend up to the limit of the period of the original
Guarantee or up to twelve months from the date of the replacement, whichever is later.
11. That, although all glass in products supplied by the Company will be of good quality, the Company shall not be held liable to meet any claims arising from minor defects, blemishes and imperfections due to the glass manufacturing process. All units are guaranteed for a full five years.
12. No Guarantee or Warranty is given by the Company concerning the incidence, prevention or elimination of condensation other than between the panes of glass which comprise hermetically sealed units, nor have its agents authority to make such representations or warranties In normal conditions the incidence of
condensation may be reduced where adequate ventilation conditions exist and where there is no
excessive humidity.
13. Except for death or personal injury caused by the Company's negligence, the Company shall not be held liable to meet any claims for consequential loss or damage howsoever arising.
14. This guarantee becomes effective on settlement of all outstanding accounts with Hainault Home Improvements.
15. On change of occupancy/ownership of the property this guarantee may be transferred to the new owner/occupant subject to a registration fee of Echo plus VAT for each remaining year payable to the
Company by the new occupants/owner within 4 weeks of change of occupancy/ownership.
16. The Company cannot accept responsibility for loss or damage to internal fixtures or fittings due to
weather damage or water penetration.
17. Service calls will take place within normal working hours. No emergency service is provided outside these times.
STANDARD TERMS AND CONDITIONS
1. The sample window carried by the Company's representatives is designed to demonstrate the quality an appearance of the materials used and the Company's units for this order will be manufactured in the manner considered by the Company's installation Department as being most suitable for the purchasers style of windows after due consultation with the Purchaser, the Company reserves the right to incorporate minor modifications arising out of changed or improved technical development.
2. The units forming the subject matter of this contract will be individually manufactured to meet the purchasers specific requirements and it is agreed that subject to acceptance of this order by the Company. this is a definite order not subject to cancellation. The statutory rights of the Purchaser are not affected by this clause.
3. lf the work is not completed within the delivery period in this contract the Purchaser may serve notice on the Company in writing, requiring that the work be completed within such reasonable period as the purchaser may specify (in general the Company would accept six weeks as being reasonable). If the work is not completed
within such extended period the Purchaser may cancel the contract for the uncompleted work covered by the contract without penalty to himself by the service of written notice to that effect on the Company. Notwithstanding the foregoing the Company shall not be liable for any delay in the completion of the work which arises from causes beyond reasonable control of the Company and in the event that time has been made the essence of this contract time shall not run during any period when delay on that account is operating.
4. The Company shall be entitled to cancel, rescind or vary the contract without incurring any liability for any loss or damage thereby caused. if it is unable to supply or install the units as a result of any Act of God, fire. flood, war, riot, civil commotions, act or restraint of Government Authority, strike, trade dispute or any other cause beyond the Company's control.
5. It is hereby expressly agreed and understood that there are not agreements, oral or otherwise, between the Company's representative and the Purchaser or between the Company and Purchaser other than as embodied in the written terms of this contract AND IT IS HEREBY EXPRESSLY AGREED
by the Purchaser that he has not entered into the contract as a result of any representations of inducement made by the Company to the Purchaser and any representations made prior to the execution of this contract shall not be deemed to be incorporated into the contact.
6. The Company's representative is authorised to accept a cheque or cash with this order, but all cheques are to be made payable to the Company.
7. Signature of the contract by the Purchaser shall confirm acceptance by the Purchaser of the number of units on this contract to be manufactured by the Company. The Purchaser may within 7 days from the date overleaf prior to survey cancel this contract by giving written notice to the Company. An administration charge of E100
will be chargeable (Complete, detach and return this form ONLY IF YOU WISH TO CANCEL THE CONTRACT).
To: Hainault Home Improvements, 593-595 New North Road, Hainault, Essex go 3X5.
I/We* hereby give notice that l/We* wish to cancel my/our* contract.
*Delete as appropriate 8. The installation will be completed leaving only normal decoration by the Purchaser.
9. Any notice to be given to the Company shall be in writing and should be sent by Recorded Delivery to the Company's Office at Hainault Home Improvements, 593-595 New North Road Hainault, Essex IG6 3X5.
Conservation and Planning
10. It is the customer's responsibility to ensure that any conservation or planning authorisation is obtained. The Company will proceed with the production of the order on the assumption that none is required unless notified in writing by the customer prior to the commencement of the order.
Delivery Dates
11. The estimated delivery date shown on the contract is effective from the date of Hainault Home Improvements receiving notification of acceptance by Finance Companies, Building Societies, signed confirmation of acceptance of decorative glass designs and receipt of our surveyor's satisfactory report at Hainault Home Improvements office.
12. Should full payment not be received on installation the Company reserves the right, after 7 days to charge 5% above the base rate of interest per month of the outstanding balance.
The above Guarantee and Terms and Conditions are given in addition to, and not in substitution for, all the rights of the Purchaser under law and by statute.
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