Blue Oak Windows - Terms and Conditions and Guarantee Information

Terms and Conditions and Guarantee Information

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Terms and Conditions and Conditions of Guarantee and Exclusions

1. Definitions

1.1 ‘The Company’ means Boscons Ltd or a subsidiary of Boscons Limited.

1.2 ‘Business Customer’ means a Customer being a limited company, firm or person seeking to purchase goods or services from the Company who has indicated that the goods supplied by the Company will be used in the course of its business or if the Customer uses the goods in the course of its business.

1.3 ‘Consumer’ means a customer who is not a Business Customer

1.4 ‘Customer’ means either a Business Customer or Consumer

1.5 ‘The Goods’ means the goods, which the Company is to supply in accordance with these Terms and Conditions of sale.

1.6 ‘The Services’ means the services, which the Company is to supply.

2. Application

2.1 These Terms and Conditions shall apply without modification and to the exclusion of all and any other conditions including any appearing in any quotation, form of acceptance, delivery form or other document or letter emanating from The Customer to The Company unless otherwise agreed by The Company Directors.

2.2 Some of these Terms and Conditions apply to Consumers or to Business Customers only. Such Terms and Conditions are marked accordingly.

2.3 All other clauses, where not specifically marked apply equally to both Consumers and Business Customers.

3. Quotations

3.1 All quotations, unless otherwise stated, are subject to acceptance within 30 days, after which time they shall lapse.

3.2 No Value Added Tax has been included unless specifically stated. VAT will be charged at the rate applicable at the time of delivery

3.3 Prices may be subject to amendment on, or after, acceptance of any subsequent order to meet variation in costs.

4. Orders

4.1 Any order from The Customer will be subject to acceptance in writing by The Company.

4.2 All prices are subject to confirmation by The Company on receipt of the order.

4.3 The Customer should check all particulars of the order form and advise The Company immediately should there be any discrepancies.

4.4 Any changes in the order may delay delivery.

5. Payment

5.1 Orders will be processed on receipt of the signed order form and a deposit payment being a minimum of 50% of the total value of the order or such amount as agreed at time of ordering.

5.2 The balance outstanding shall be paid in cleared funds prior to delivery (‘the Due Date’).

5.3 Payment can be made by cheque, credit card, bank transfer, bankers draft or cash

5.4 Should The Customer delay the delivery; payment is due on the date of The Company’s delivery date.

5.5 If payment is not paid on the Due Date:

5.5.1 where the Customer is a Business Customer the Company shall be entitled to recover from the Customer interest at the rate set under section 6 of the Late Payment of Commercial Debts (Interest) Act 1998;or

5.5.2 where Customer is a Consumer the Company shall be entitled to charge the Customer interest at a rate equivalent to the rate set for business debts under section 6 of the Late Payment of Commercial Debts (Interest) Act 1998

5.6 Any alleged shortage, delay, damage or defect shall not constitute valid grounds for a Customer to delay payment in respect of the Goods delivered and for the avoidance of doubt the Customer shall be required to pay for all Goods and materials supplied in respect of which there is an alleged claim for damage, delay, defect or variation from the terms of the delivery note or other default in accordance with the provision of the agreement.

5.7 In the event of the Company arranging installation full payment including payment for installation will still be due upon the Due Date.

6. Delivery

6.1 The Company’s normal delivery time is usually 10-14 weeks from receipt of the signed order and deposit (cleared funds). A minimum of 48 hours notice of delivery will be agreed. For the avoidance of doubt time shall not be of the essence.

6.2 Any delivery dates made by The Company as to the date and time of delivery of goods, materials or services are an approximate estimate and the Company cannot be held responsible for any delay in production resulting in a delay in the delivery schedule.

6.3 Whilst every effort will be made to adhere to the quoted delivery date, The Company is not liable for any delay in the delivery of goods, nor is it liable if it is prevented from delivering goods, materials or services or executing work for any causes beyond its control. Such causes may include an Act of God, force majeure, war or hostilities, legislation, Government Order or direction, strike, lock-out, labour disturbance, civil commotion, fire, accident, breakdown of machinery or any lack of goods or materials required. In any such case The Company are to be released from any obligation to complete the contact with The Customer by a particular time. This right exists without prejudice to The Company’s right to recover payment for goods or materials already delivered or work already done.

6.4 Failure to deliver after the delivery date will not entitle The Customer to refuse a delivery tendered after such a date, repudiate the contract or make a claim for damages in respect of late delivery.

6.5 Delivery will be deemed to have been effected when the goods leave The Company’s premises or the premises of The Company’s supplier in circumstances where the goods are delivered direct from such suppliers.

6.6 The Customer will take delivery or accept the goods within a 14-day time limit from notification of the delivery date.

6.7 If the customer fails to accept the goods or give The Company adequate delivery instructions The Company will store the goods until delivery to The Customer. Storage charges may be applied at the prevailing weekly rate. If the customer refuses to take delivery within 1 month of the delivery notification date the Company will be entitled to cancel the contract and seek to recover all costs incurred in connection with the contract.

6.8 For supply only the delivery will be to the nearest hard metalled road surface. The Customer shall be entirely responsible for the unloading of the goods and the provision of suitable labour and equipment to do so.

6.9 The Company may decline to deliver if the Company believes that it would be unsafe, unlawful or unreasonably difficult to do so or the premises (or the access to them) are unsuitable for the Company’s vehicle

6.10 Unless otherwise agreed by The Company all deliveries made or work done at the Customer’s request outside normal working hours will be subject to extra charges.

6.11 The Customer must carefully examine the goods and materials immediately on delivery. The Customer must inform The Company in writing within 24 hours of delivery of any variance between the goods and materials delivered and the delivery note or defects or damage. The Customer must give the Company or the Company’s appointed carrier a fair and reasonable chance to inspect the damaged goods.

6.12 Any damage to fully finished frames must be recorded on the delivery note at the time of delivery.

6.13 The Company shall be under no liability where damage, short fall of goods or variation in the terms of the delivery note or defects are complained of by The Customer unless it is given reasonable opportunity by The Customer to inspect the goods and consignment packaging.

Regulations

6.14 The Company shall not be liable for any loss or damage whatever which may be occasioned by reason of the goods supplied not conforming to the Building Regulations or any other statutory regulations, nor for any liability under the Health and Safety at Work Act 1974 to a use of the goods by The Customer which has not previously been notified by The Customer to The Company and approved in writing prior to such use.

7. Passing of Property and Risk

7.1 All risk in the goods will pass to The Customer immediately on delivery of the goods to The Customer.

7.2 Until The Customer has paid The Company for the goods and all other goods supplied to him by The Company, The Customer holds the goods on trust for sale. If The Customer sells the goods The Customer shall hold the proceeds of sale on trust for sale of The Company in a separate bank account. If The Customer sells the goods The Company may by written demand require The Customer to assign to The Company The Customer’s rights to recover the price from a subsequent purchaser.

7.3 The Customer shall indemnify the Company in full with regard to all expenses and liabilities the Company may incur (directly or indirectly and including finance costs, legal costs, on a full indemnity basis and the costs of instructing a debt collection agency to recover a debt due to us, if any) following any breach by you of any of your obligations under these terms

7.4 The Customer must not assign to any other person any rights from the sale of the goods without the written consent of The Company’s Directors. Where such consent is given it is conditional upon the assignee accepting the conditions between The Customer and The Company.

7.5 The Customer must insure the goods against all insurable risks for the price due to The Company for the goods.

7.6 If the goods are destroyed by an insured risk before The Customer has paid for them The Customer shall hold the proceeds as The Company’s trustee.

8. Cancellation

8.1 The Customer is not entitled to cancel the Contract without written agreement of The Company signed by a director of the Company.

8.2 In event of such agreed cancellation The Customer shall indemnify The Company fully against all expenses and losses. Claims and demands incurred up to the time of such cancellation including payment for such amount as the Company will be required to make to sub-contactors and other third parties as necessary.

8.3 The Company may suspend or cancel the order by written notice if:

8.3.1 the Customer fails to pay us any money when due (under the order or otherwise);

8.3.2 the Customer::

(a) becomes insolvent or (in the case of an individual) becomes bankrupt or is deemed to be unable to pay its debt as they fall due, or;

(b) enters into any composition or arrangement with its creditors generally

8.3.3 the Customer fails to honour its obligations under these Terms and Conditions

9. Warranties

9.1 The Company warrants that the goods:

9.1.1 Comply with their description on our acknowledgement of order form; and

9.1.2 Are free from any material defect at the time of delivery (as long as you comply with clause9.3 and 9.4).

9.1.3 Natural products such as timber may vary from the samples supplied.

9.1.4 If materials are supplied by the Company at the specific request of the Customer to be a specific grade, no warranty is given that the grade will be suitable for the purposes required by the Customer.

9.1.5 See also the document “Conditions of guarantee and exclusions” supplied by the Company.

9.2 Business Customers:

9.2.1 The Company gives no warranty (and exclude any warranty, term or condition that would otherwise be implied) as to the quality of the goods or their fitness for any purpose.

9.3. If the Customer believes that the Company has delivered goods which are defective in material or workmanship the Customer must:

9.3.1 Inform the Company (in writing) with full details within:

(a) 24 hours of delivery if defect, damage or variance is reasonably discoverable on careful examination on delivery; or

(b) one month of supply if defect, damage or variance is not reasonably discoverable on careful examination on delivery

9.4 Any damage to fully finished frames must be recorded on the delivery note at the time of delivery and the Customer must allow the Company to investigate accordingly.

9.5 If the goods are found to be defective in material or workmanship (following our investigations) and the Customer has complied with these conditions in full, the Company will, at its option, repair or replace the goods or refund the price.

9.6 The Company shall not be liable to the Customer in contract, tort, negligence, breach of statuory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by the Customer (a) of an indirect or consequential nature or (b) which consists of any economic loss or other loss of turnover, profits, business or goodwill

9.7 The Company’s total liability to the Customer from one single cause for damage to property caused by the Company’s negligence is limited to [ ].

9.8 Where the Company is not the manufacturer of the goods supplied by third parties the Company’s liability is limited only to any benefit that the Company may receive under any manufacturer warranty or guarantee of the goods.

9.9 For all other liabilities not referred to elsewhere in these terms and conditions the Company’s liability is limited in damages to the price of the goods

9.10 Nothing in these terms and conditions restricts or limits the Company’s liability for death or personal injury resulting from negligence.

9.11 Nothing in these terms affects or limits the Company’s liability for fraudulent misrepresentation.

10. Performance

10.1 Unless otherwise agreed in writing by The Company, The Customer must, at no cost to the Company:

10.1.1 provide a clear working area for The Company’s delivery and work area.

erect, maintain, dismantle and move all scaffolding and plant required for the work;

10.1.2 provide adequate power supply, artificial lighting and provide secure and dry storage and any other reasonable facilities;

10.1.3 ensure that all safety, health, welfare facilities and arrangements (where applicable) comply with current health and safety legislation.

10.2 All joinery supplies should be kept by The Customer in a dry place. If supplied un-coated they should be primed or stained immediately on receipt. Any subsequent cut surface must be primed or stained before fixing in position.

10.3 The Company accepts no responsibility for effects incurred to the goods if the goods are supplied un-coated and if the goods remain un-coated when exposed to weathering elements

10.4 If the customer purchases the goods un-coated then no guarantees are made by the company in respect of the expected life of the goods.

10.5 The Company shall carry out work on a continuous basis during normal working hours and the price is fixed accordingly.

10.6 The Company shall be entitled to make additional charges where the Company is denied access or made to wait on site.

11. Responsibility

11.1 The Company’s workmen are instructed to exercise due care and attention in completing their work and The Company will not accept responsibility for damage to the fabric or the contents of the buildings or the work of other trades however caused.

11.2 The Company will not be liable for any fixing charges incurred by The Customer arising from any goods or materials or work done proved to be defective or delayed and shall not be responsible for any additional overheads, administrative expenses, contractual penalties or other cost, claims and demands arising from The Customer’s obligations to any third party and due indirectly or directly to any defects or delays in the goods or materials supplied or work done by The Company. The Customer accepts that it is their responsibility to insure against these risks.

11.3 Any alleged shortage, delay, damage or defect shall not constitute valid grounds for The Customer to delay payment in respect of the goods delivered and for the avoidance of doubt The Customer shall be required to pay for all goods and material supplied.

11.4 The Company shall not be responsible for the provision of internal or external decorative finish to the goods supplied. Where the Company has been engaged to install the goods the extent of such fitting or installation shall be limited to:

11.4.1 securely fixing the frame and doors into the opening and ensuring satisfactory opening, closing and locking; and

11.4.2 making weather-tight the surrounding frame with a suitable, non-decorative sealant.

12. Quality

12.1 The goods or materials supplied are on the basis that they conform to the written descriptions contained on the order or conformation where supplied. No warranty can be given that the goods or materials supplied conform to the sketch plans or drawings provided to The Company by The Customer or to illustrations or descriptions in catalogue or trade literature. The Customer further acknowledges that natural products such as timber may vary from the samples supplied.

12.2 In the event that The Company provides estimates of quantities or measurements on the basis of drawings and/or Bills of Quantities and/or specifications submitted by The Customer The Company shall exercise reasonable care in providing such but The Company accepts no liability for inaccuracies in the estimates or calculations.

12.3 Any goods manufactured to the design or specification of The Customer or its experts or detail taken off plans supplied by The Customer are produced without warranty of any kind except their compliance with the design or specification.

12.4 The Customer will unconditionally fully and effectively indemnify The Company in respect of any claim, cost or expenses, losses or demands resulting there from including the infringements of patent, copyright, design, trademark or any industrial or intellectual property rights resulting from The Company’s use of the said design or specifications.

12.5 Confirmed orders are based on the plans and specifications supplied by The Customer. The Customer shall check the specification and quantities quoted and shall be deemed to have accepted the specification and quantity specified when placing the order. The Company will not accept responsibility for incorrect specification and quantity supplied by the Customer.

12.6 Business Customers are deemed to be fully conversant with the nature and performance of the goods and materials supplied to it including any harmful, hazardous or dangerous effects resulting from their usage or misuse and shall not be reliant in any way upon the advice, skill or judgment of The Company or its servants, agents or employees who are not authorised to make any representations concerning the goods whatsoever other than those confirmed by the Chairman or Director of The Company in writing.

12.7 To the extent that any third party goods or services supplied to The Company validly excludes, restricts or limits its liability to The Company in respect of goods or materials supplied or any loss or damage arising in connection therewith then the liability of The Company to The Customer in respect of such goods and materials shall be correspondingly excluded, restricted or limited. The Customer shall be entitled to receive details of any such exclusion, restriction or limitation upon request to The Company.

12.8 If the materials are supplied to The Customer of a specified grade no warranty is given that the grade will be suitable for the purposes required by The Customer.

13. Enforceability

13.1 Should any provisions of these terms and conditions be held by a competent authority to be invalid or unenforceable in whole or in part then the validity of the remaining provisions shall not thereby be affected.

14. Arbitration

14.1 The Company or The Customer may give written notice to the other of any question, dispute or difference, which may arise between them in relation to, or in connection with the contract, and they shall have the right to arrange a meeting between each other to discuss such matters. In the event that such a meeting is not arranged the same shall be referred to the arbitration of a person mutually agreed upon or failing agreement within one calendar month of some person appointed by the President for the time being of the institute of Arbitrators. The submission shall be deemed to be a submission within the meaning of the Arbitration Act 1950 or any other statutory modification or re-enactment thereof.

15. Installation by the Company (if applicable)

15.1 The Company shall carry out its work on a continuous basis during normal working hours and The Company’s price is fixed accordingly. If special visits have to be made to the site or work has to be carried out in an uneconomical manner if time is lost or additional expenditure incurred due to The Company’s operative being denied access to or waiting on site or having to return to the site to commence or continue work. The Company reserves the right to make an extra charge to cover such cost.

15.2 The company reserves the right to make additional charges should their workers require overnight accommodation to complete the work.

15.3 The Company shall only install the goods into fully prepared openings that have the correct tolerances allowed and solid structural sides all round to enable a level, firm and secure fixing of the goods; these include steel, solid brick, concrete and structural timber beams or lintels. If The Company cannot install the goods due to incorrect opening sizes, no tolerances allowed, openings not being of a structural sound quality to enable level, firm and secure fixing, disruption by other trades or obstruction e.g. scaffold being directly outside or inside the opening aperture. The Company reserves the right to incur additional costs to The Customer for re-attending the site to complete works.

16. Jurisdiction

16.1 This contact shall in all respects be construed and operate as an English contract and in conformity with English Law and The Company and The Customer agree to submit to the jurisdiction of the English Courts.

Conditions of guarantee and exclusions

Blue Oak windows and doors (Boscons Ltd) Product Guarantee

General guarantee information

1.1 All products are guaranteed for a period of 3 years against defective workmanship except astragals which are guaranteed for 12 months.

1.2 If treated with a preservative products are guaranteed against rot, insect or fungal attack for 30 years.

1.3 Ironmongery is guaranteed for 10 years by the manufacturer.

1.4 Glazing units are guaranteed for 5 years.

1.5 The guarantees above are subject to compliance with conditions 2 – 10

below;

2.1 Storage of goods must be in a dry place and standing upright in the “as installed” position on levelled battens.

2.2 If primed only a further 3 coats must be supplied on delivery.

2.3 All exterior finishes must be maintained as regularly as is necessary.

2.4 Products in South facing locations exposed to both lots of sun and rain will require extra maintenance.

2.5 Ironmongery guarantees (see 1.3) are subject to moving parts being correctly lubricated. In the case of bi fold door hardware appropriate care must be taken to ensure all rolling/running gear is regularly lubricated.

2.6 In the event of installation by fitters not employed by the supplier, improper use of expanding foam which causes frames to bow will not be covered by any guarantees.

2.7 Factory finished surfaces are prone to damage caused by general site activity and the protective films applied by Blue Oak should be removed once construction is complete and the surface lightly wiped down with white spirit to remove any glue residue.

2.8 Over sized doors (over 1000mm wide and/or over 2200mm tall) will be more prone to movement and should be supplied with perimeter locking if possible. Please note many perimeter locking systems are limited to heights of 2300mm. We are anable to guarantee that doors 1000mm or more in width and/or in excess of 2200mm tall will not twist or bow and recommend any such doors be bolted top and bottom.

2.9 Doors supplied with boarding cannot be guaranteed for stability.

2.10 Handle screws must not be over tightened

2.11 Resin leakage from knots not preventable and is excluded from any claims or guarantee.

3 The following items are deemed as being accepted by all customers who order timber joinery products;

3.1 Timber is a natural material and its characteristics including feather shakes, swirls,splits, knot clusters, resin exudation etc are common in some timbers such as Oak and Iroko. Oak will, if finishes are not maintained, show certain normal characteristics such as initial blackening caused by water stains and fungus and eventually turn silver. If exterior protective finishes are not maintained we do not guarantee against movement of the timber which may effect the performance of the products.

3.2 Timber finishes are not guaranteed for any definitive period of time because their performance varies enormously depending on the surface orientation and the therefore exposure to UV light and rain etc. For further information please refer to the technical information sheets supplied by the paint companies (details can be provided if needed).

General exclusions

This warranty shall be void in each of the following circumstances:

Where the glass &/or framing installed is subject to exposure including but not limited to runoff of alkaline, fluoride, and other compounds from surrounding surfaces, or to spattering from welding, grinding, sandblasting, or other sub-trade work, or if the works are damaged by wind-borne debris.

Where damage caused is attributed to improper usage or unusual treatment; accidents; negligence; willful mishandling; settlement, distortion, warping, failure or cracking of the materials to which the product is mounted or attached; bending or twisting of the support structures; spray from lawn sprinklers or landscape irrigation systems; earthquakes, gale, lightning, fire, flood, wind-borne objects, hail damage, or Acts of God.

Damage resulting from excessive stress or strain due to movement of the structure.

Failure caused by the installation of shading systems such as; the application of film to the interior or exterior of the glass; installation of thermal drapes or similar devices; installation of blinds or louvers, etc.

Where the glass &/or framing are subjected to improper cleaning including but not limited to abrasive cleaners, strong alkalis or acids, or sharp objects.

If modifications or alterations are made by others.

Failure to provide reasonable and necessary maintenance of the doors during normal wear and tear.

Please note that in direct sunlight, hot or centrally heated environments, these conditions can cause the natural seepage of resin pockets in the timber or around knots to become mobilised. This can result in a residue or extractive stain appearing on the surface however this does not constitute a fault in the material or the workmanship.

These conditions can also cause moisture or vapour to be removed from the timber which may result in splits or movement of the timber substrate and the coating system, especially around the joints of components. Unfortunately this is beyond our control and does not constitute a fault in the materials used or the workmanship.

Laminated timber may occasionally suffer from partial delamination. In these circumstances every effort will be made to repair the delamination, possibly using blind pins or screws, prior to the unit being replaced if it is not fit for purpose.

In the event of installation by others, adjustment of sills, installation of non-factory fitted locks, fixing of handles, adjustment of hinges, hanging and adjustment of doors, fixing of trickle vents and glazing of large unglazed units will be the responsibility of the customer.

Guarantee and product care details; timber folding doors with Roto folding gear and hardware.

Care of the operating gear

Your folding door system has been manufactured to the highest standard.

Please always follow the guidance notes below to keep the doors in good working condition.

1. These doors should always be opened and closed with care!

2. Keys should not be left in the doors, when key locks are fitted to handle positions and doors are outward opening, do not leave keys in the lock after unlocking. This will cause severe damage when doors are folded.

3. Please check the tracks for debris before opening or closing the doors particularly after long periods of non-use.

4. The best method of cleaning is by regular washing of the coating using a solution of warm water and mild detergent. All surfaces should be cleaned using a soft cloth or sponge, using nothing harsher than natural bristle brushes.

If the system is subject to any hazardous unusual environmental factors, or is

close to salt water, an estuary or marine environment, then the coating company

must be consulted.

5. Bottom tracks must be kept clean. After operation and before closing, the track should be checked for large obstacles (stones/debris) and removed. The track must be cleaned on a regular basis to ensure smooth operation. A vacuum cleaner is the easiest method and we recommend that this be carried out as often as is necessary. After cleaning we recommend that the track is lubricated with a silicone spray at the point where the wheels meet the track; this prolongs the life of your system. You should also spray the running gear and wheels for optimum performance. Olive oil may also be used as a lubricant.

6. The perimeter locking cams can also benefit from light lubrication.

7. For optimum performance of the locking mechanism, keep your keys and profile cylinder locks clean by applying a light lubricating oil to the key and insert in and out of the cylinder as necessary.

8. Should you experience difficulty with the running mechanism or any operational parts, and following the above steps has not remedied this, contact your supplier immediately for instruction as any damaged caused by ‘forcing’ parts will not be covered under your guarantee/warranty.

9. If we are not exclusively responsible for the installation of the bi fold doors we are not responsible for any necessary adjustments of the hardware and we cannot guarantee faultless operation of the doors.

For care of the Roto door hardware (and warrantee information for Roto hardware) please refer to the relevant pages of the Roto manual, supplied separately.

General exclusions as above apply.

This guarantee is given exclusively to the original buyer and is non-transferable.

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