1. It is the intention of DCNE (the ‘Company’) that all terms of a contract between the Purchaser and the Company are contained in this document and in the brochures and speciﬁcations (if any) provided to the Purchaser. If the Purchaser arranges ﬁnance via the Company’s nominated ﬁnance company the terms of the Purchasers’ ﬁnance agreement which the Purchaser will have to complete are also part of the contract. If the Purchaser wishes to rely on any variation in these terms he/she is asked to ensure that such variations are either written into this agreement or notiﬁed to the Company in writing as soon as possible after the contract is signed.
2. The Company, having discussed with the Purchaser the requirements for the product as listed overleaf (the “Order”), needs to undertake as a survey of the Purchaser’s Premises to take detailed measurements and speciﬁcations (the ‘Survey’) and any contract is subject to the carrying out of that survey.
3. The Company shall undertake the survey within 14 days of receipt of the Order or such longer period as agree between both parties. The Company reserves the right to cancel the Order within 14 days of the Survey by notifying the Purchaser in writing of the reasons for cancellation and by refunding in full of all monies paid.
NOTICE OF RIGHT TO CANCEL
4. Products such as windows and conservatories which are made to measure and made to your speciﬁc requirements are exempt from the rights to cancel under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. However in accordance with the GGF Consumer Code of Good Practice we provide you with a right to cancel without charge up to 7 calendar days after the date of the contract. Upon such cancellation any monies paid by the Purchaser will be refunded in full. A cancellation form is attached for your convenience at the foot of this form any may be used if you so wish. It is within the Purchaser’s interests to send any such notice by recorded delivery post. If you request cancellation at a later interests to send any such notice by recorded delivery post. If you request cancellation at a later date, then unless we are in breach of contract, we have the right to refuse it. The cancellation may be allowed at the Company’s discretion, upon payment of a state sum (up to 25% of the contract price) covering any losses or costs we suffer as a result of the cancellation.
SURVEY AND PR-EMISSIONS
5. At the time of the Survey the Purchaser will be given a form to complete detailing information about the Premises, his will form part of the contract. This will also request information as to whether the Premises is a listed building or within a conservation area. If the Purchaser does not inform the Company that the premises is a listed building or within a conservation area the Company shall be entitled to presume either that is is not, does not, or that the Purchaser has obtained all necessary approvals. If the Purchaser conﬁrms any of the above relating to the listed building status or conservation area status the Company may, on agreeing such suitable other costs in addition to the Work, liaise with the necessary authorities using reasonable endeavours to obtain the necessary approvals to carry out the work speciﬁed in the order (the “Works”). The Purchasers is requested d to acknowledge that the granting of approvals is outside of the Company’s control and cannot be held responsible for any claims, loss, damages or enforcement action as a result of any failure of the Purchaser to have such approvals except where the failure is due to the Company’s negligence.
6. In the event of the survey revealing information about the Premises, whether structural or otherwise which would require a change in the speciﬁcation of the Works or the price as set out in the Order:(a.) The company shall produce a revision detailing any changes in speciﬁcation, price or otherwise which the Purchaser shall be free to accept or reject. If the revision is not accepted by the purchaser within 7 days of notiﬁcation the Company shall be free to cancel the contract by written notice to the Purchaser; (b.) If any necessary approvals relating to the status of the Premises are not forthcoming within a reasonable period either party shall be free to cancel the contract by written notice. In the event of cancellation under this clause, any deposit paid shall be refunded less survey/admin fees incurred, without interest and the agreement will be at an end.
SAMPLES AND SPECIFICATION
7. Representative’s showroom sample and photographs are used to demonstrate a typical product and its composition. Minor deviations from this standard may be unavoidable from time to time and in such circumstances every effort will be made to advise the Purchaser of such unavoidable changes. The Company also has a policy of continuing improvement and development of its products and methods of installation. The Company reserves the right to make minor alterations to the speciﬁcation generally and to change the speciﬁcation of the products supplied if necessary to meet building standards, safety requirements or other changes in legislation so long as the changes do not materially affect the appearance of performance of the products.
8. Whilst all glass used is from reputable glass suppliers there may at times be minor imperfections in the glass. The Company will endeavour to ensure that the works match existing ﬁnishes but will not be liable for non-matching due to weathering of existing materials or if existing material are no longer available. The Company cannot guarantee the matching of specialist external ﬁnishes such a pebble-dashing or similar material. When variations occur in existing plaster lines the Company cannot guarantee that equal subframe will be visible all around but will do its best to ensure a high standard is achieved
9. The Company will take all reasonable care to carry out the Works without causing damage to the Purchases premises and will make good any damage caused to plaster and cement work, rendering and brickwork in the course of installation. The purchaser is advised that installation may cause damage to internal and external decoration (eg wallpaper, pebble-dashing) and that is anticipated that the area surrounding the installation will require redecoration following installation. For Conservatory installations damage is likely to occur to the garden area immediately surrounding the completed conservatory. Any redecoration or making good of the garden will be the Purchasers responsibility and is not included in the price quoted for the Works. For the avoidance of doubt this provision does not exclude the company’s responsibility for damage beyond that which is reasonably exposed with the installation of the products in the usual way (for example, damage to other parts of the premises where the installation is not taking place.) The company will only be responsible for the losses that are foreseeable.
10. Any claim by the Purchaser for compensation for damage caused by the Company must be notiﬁed toe the Company as soon as practicable after the damage is discovered
11. The Purchaser is advised that the Company does not agree to undertake the re-sitting of
any gas, electrical (including wiring and any home security measures), plumbing or telephone installations necessary to allow the installation included in the price except where this is speciﬁcally noted on the Order. In all other cases the Company may agree to carry out such works in return.
The Purchaser is recommended to make suitable arrangement for such works to be carried out prior to the installation works to avoid any delay in installation.
The Company will not connect to any existing electrical supply that does not comply with current IEE regulations. Extra costs may be incurred to meet regulations
TIMING OF THE WORKS
12. The Purchaser will give the Company access to the premises (including the Company’s employees and sub-contractors) at all reasonable times to allow the Company to carry out the installation of the works in accordance with this contract.
13. The Company will agree with the Purchaser a date for the installation and will do all that it reasonable can to meet the date. In the case of unforeseen circumstances beyond the Company’s reasonable control the company may not be able to do so. In such circumstances the Company will contract the Purchaser to agree an alternative date. The Purchaser will also do all that he or she can reasonably do to enable the installation to take place on the agreed date. In the case of unforeseen circumstances beyond the Purchasers reasonable control of the Purchaser may not be able to do so. In such circumstances the Purchaser will contact the Company to agree an alternator date. If you are paying for the installation using ﬁnance please read provision 16.
10 YEAR PRODUCT GUARANTEE
14. For Windows, Doors and Conservatories
Thank you and congratulations for taking advantage of the DCNE 10 Year Guarantee for our windows, doors and conservatories. The terms and conditions of the guarantee are set out herein.
Guarantee: The Company guarantees its good for a period of 10 years from completion date of the installation. During years 0 to 10 The Company will fulﬁll its obligations under the guarantee by replacing free of charge any goods that cause the normal functioning of the product to fail, including the cost of the labour required to replace the defective goods. The client must notify The Company of the defect as soon as reasonably practicable, and give The Company an opportunity to inspect the said defect.
If the normal functioning of the goods fail due to faulty products, defective materials or inadequate workmanship, the Company will replace the goods in question with a like-for-like replacement or goods of the same speciﬁcation and performance (if we or our supplier no longer manufacture a particular item). In order to exercise the 10 Year Guarantee the contract price must have been paid in full by the Client to the Company. Exclusions: 10 : This 10 Year Guarantee excludes the following which are guaranteed for ﬁve years – landscaping works; timber boxing: decoration: plumbing works; electrical works; plastering works, door inﬁll panels; trickle vents: rainwater goods. Foils, base building works, and bi-fold door products are guaranteed for 5 years only (parts and labour). Normal wear and tear and weathering should be expected and is not covered by this guarantee. This 10 Year guarantee will be void if the goods are found to have been subject to abuse; vandalism; misuse; neglect (by ignoring the advice set out in our ‘Care & Maintenance Guide) exceptional weather conditions: frost damage to brickwork; subsidence; an act of god; damage, to the buildings structure or alteration or modiﬁcation by anyone other than an approved, installer. Consequential loss is not covered by this guarantee.
If a claim is made and, following inspection, it is subsequently found not to be covered by the guarantee for any of the reasons set out above, the prevailing call out charge and/or administrative fee will be applicable and must be paid in full by the client.
The guarantee is in addition to your statutory rights as a consumer.
15. The price of Works (“‘Price”) shall be as set out on the Order overleaf. The balance of payment due on completion shall be paid to the Company upon completion of the installation. Payment can be made by cash or cheque payable to ‘DCNE’. Credit card payments are also acceptable subject to a 3% handling fee.
The Purchaser shall not withhold or reduce the amount due on account of any complaint unless such complaint has been received in writing by the Company. In any event, the Purchaser shall not be entitled to withhold more than a reasonable proportion of the amount due to the Company having regard to the alleged defect. If any payment is overdue for more than 14 days the Company shall have the right to charge interest at the rate of 4% per annum over the base rate of Barclays Bank Plc from time to time from the date for payment to the date monies are received. If no VAT is listed, or if the rate of VAT changes before the contract is signed, the Purchaser is notiﬁed that any change in the VAT rate or the rules on the imposition of VAT may result in change in the amount of VAT to be charged to the Purchaser. The Company will inform the Purchaser of any such change as soon as possible after the Company becomes aware of them.
16. If the Purchaser intends to pay for the Works using a bank loan or other ﬁnancing agreement The Company may decline to enter into the contract until written evidence of the loan or agreements produced by the Purchaser. If such evidence is not available after a reasonable period or the loan is declined the Purchaser may cancel the order and have any monies paid returned in full
17. English law will apply in the interpretation of this contract
18. As an existing customer you would allow the Company to re canvas to offer any further products in the future. Furthermore the details you have provided may be used to keep you informed about other products provided by the Company. If you do not wish to receive such information please write to DCNE 20/21 Elswick Road, Armstrong Ind Est, NE37 1LH
19. Please see website for terms and conditions www.garagedoors-northeast.co.uk
20. We may from time to time pay, or receive, a commission from our ﬁnance providers upon securing ﬁnance for you. The level of commission will be dependent on the product sold, size of order and any promotion that may be offered by the particular ﬁnance provider