THOMAS SANDERSON CONDITIONS OF SALE


The T&Cs you are required to accept when placing an order with us

OUR CONDITIONS OF SALE

  1. These terms and “the order”, are considered by us to form the whole agreement. If any of these terms are inconsistent with the order or agreed amendments, the order shall prevail including any agreed amendments. Any specific requirements or alterations to these terms must be put in writing to the Company and will not become a condition of this contract until agreed in writing by the Company. The Company only accepts statements or representations made by authorised employees or agents. Orders are individually processed and materials not used in their intended location cannot be credited or reprocessed by the Company. There shall be payable upon signing this agreement a minimum deposit of 20% in relation to cash orders and £100 in relation to a finance order, which shall be forfeited to the Company on account of damages in event of the customers breach of contract. The Company’s’ damages shall not be limited to the monies paid by the customer but to the total loss suffered by the Company resulting from the breach, whichever is the greater. Invoices that remain unpaid 7 days after issue shall be subject to interest charged at 4% above the Bank of England base rate. This interest shall accrue on a daily basis from the due date and until the date of payment whether before or after judgement. Any finance agreement sold with this order is through Hitachi Capital and may be interest bearing. A subsidy may be included in the total order price in respect of taking a finance agreement; this subsidy will be removed if the payment method is changed after this contract has been accepted. Please note Thomas Sanderson will receive a commission for any Interest bearing Finance agreements which have been sold in conjunction with this agreement. Prices quoted are inclusive of V.A.T. however, should the V.A.T rate change between the date of order and completion of the order, your invoice shall be altered to carry the rate of V.A.T that should be charged at the time of invoice. Prices supplied overleaf for works carried out in Channel Islands are exclusive of V.A.T. but inclusive of G.S.T, where applicable. The order is an offer by you to enter into a binding contract which we are free to accept or decline at our absolute discretion. The Company reserve the right to rescind the contract in the event of human error or the contract becomes unworkable. However, we reserve the right to rescind the contract for any reason whatsoever.  The Company is a member of the GGF and complies with their Consumer Code of Practice, which can be downloaded from myglazing.com/advice/ggf-code-of-good-practice/.

  2. All physical goods are sold by sample. Conservatory Care Valeting service is sold through description. Drawings or advertising we issue and any illustrations contained in catalogues or brochures are issued solely to provide you with an approximate idea of the goods they describe. They do not form part of the contract between you and us. Variations between fabric batches and paint/stain can occur and as such the Company cannot guarantee colour matches to existing contracts or colour match to existing fittings or furniture. Prices may fluctuate from time to time. A price quoted today may not be the price payable at a later date. Prices quoted during telephone sales for our Conservatory Care Valeting service are dependent upon numerous factors such as, but not limited to, size of conservatory, number of roof panels, works to be completed and working height. If it is found that any of the aforementioned details differs from that provided by you at point of sale, a new price shall be provided by the Company.

  3. Goods installed as cord/chain operated shall be installed with a safety bracket/cleat in accordance with BS EN 13120:2009 to reduce the risk of strangulation to children or vulnerable persons. You shall use the safety devices as directed in the instructions which accompany the goods. Refusal to allow us to install this safety requirement shall constitute a frustration of the contract. Installation of this blind will not continue and payment shall be required in full.

  4. These terms or any alteration agreed in writing are subject to acceptance and survey. The result of the survey may require pricing changes or amendments to the order. By signing the contract confirmation sheet at point of survey you accept these alterations and authorise the manufacture of your goods. Prior to an order being agreed, the Company may provide you with a quotation for the supply of goods which shall be clearly marked as such but this does not constitute a binding contract between you and us. A binding agreement shall only come into existence upon signing a contract. Quotations are valid for a period of 28 days, unless advised in writing before this period expires, after which they shall be withdrawn and a new quotation can be supplied on request. The Company reserves the right to cancel any contract delayed by the Customer for an extended period and reserves the right to withdraw the value noted overleaf and advise a new price in line with the prevailing cost at the time of reinstatement.

  5. Development is continuous and you shall have the benefits of any changes made to the design specification up to the time of completion of the manufacturing process. Any alteration required to the order after manufacture shall be deemed to constitute a separate Contract.

  6. It is the Customers’ responsibility to supply safe access equipment to facilitate the installation of the goods/ works where required. The Company may at its discretion source this equipment on your behalf and invoice you for the cost. A quotation for this equipment shall be provided or included in the agreed contract value. Standard access equipment shall be included in the price quoted for Conservatory Care service. Any non-standard equipment shall be chargeable and a quotation provided prior to any works commencing. You shall also be liable for the same equipment cost for each subsequent service call or lasting care visit as required. You shall ensure that your electrical supply is safe and suitable for the goods. We do not undertake any alterations or extensions to the main circuitry of the installation site. All connections by us will be to a 13amp socket. In order to facilitate the installation your electrical supply may be interrupted for the safe work of the Company’s representatives. The Company shall not be liable for any losses of food stuffs or electrical equipment that occur through the interruption of this electrical supply. It is a condition of these terms that access to the property is made available at the mutually agreed dates for completion of works. In order to ensure safe working practises it is a condition of these terms that the area in which the work is to be carried out is cleared of, but not limited to, pets, plants, furniture, breakable items and household residents. The Company shall accept no liability for any damage caused to any of the aforementioned items that have not been removed prior to commencement of works. The company accepts no liability for any works that cannot be carried out due to inclement weather conditions and may be required to schedule a new appointment for completion of the Valeting. It is the Customers responsibility to ensure that a supply of both electricity and water is available on the date of works. No refund shall be given if works cannot be completed due to either of these not being present. A refund shall be given if a portion of the work may not be completed on the grounds of Health and Safety. All works that can be completed safely shall be and the refund shall be proportionate to the works carried out.

  7. No Works to be carried out in the Conservatory Care service involve the penetration of the facia, panels or beading of your conservatory, no resultant leaks shall be deemed the result of poor workmanship or lack of due care and skill. The works carried out during the valeting service are not guaranteed to prevent the re-emergence of naturally occurring internal mould. The Company can supply information on how to reduce mould growth. All due care shall be taken when Valeting on or around any wood-grain foils. No works to be undertaken can prevent or cure the peeling that can sometimes be evident in wood-grain foils. Before any works are undertaken the Company Representative shall carry out a Pre-work Checklist, including the taking of photographs as reference for both Health and Safety risk assessment and to show the works that are to be carried out. Any apparent outstanding building defects shall be brought to your attention prior to any undertakings. If during the works any required repair, replacement or areas of concern are found, they shall be brought to your attention immediately, such as but not limited to, damaged facia boards, loose crowns or warped panels. Copies of these aforementioned Pre-work Checklist and photographs are available upon request. Work is deemed complete when, in the opinion of the Company representative, the area for Valeting is as clean as it is possible for it to be. The treated glass must be maintained in accordance with the After Care documentation provided. Copies of the Conservatory Care After Care documentation are available on request. Abrasive or high alkaline cleaning products must not be used on glass that has been treated with Valet Guard. Failure to maintain the treated glass in accordance with the After Care documentation will invalidate any claim relating to the Valet Guard treatment.

  8. In addition to your statutory rights the Company shall warrant goods sold under this order, for a period of 5 years from the date of delivery against faulty goods or poor workmanship. Cover is inclusive during months 1 – 12, a call out fee is chargeable during months 13 – 60 and onwards, currently £60 plus V.A.T subject to reasonable change. All replacement goods outside of this period are chargeable. The Company shall not be held liable for a breach in this term unless given the opportunity to inspect the products to determine fault. This warranty shall not apply to any defect in the goods arising from mould, fair wear and tear, wilful damage, accident, moisture damage, and negligence by you or a third party or if you fail to use the goods as advised by the Company through its literature or express verbal instructions. It is a condition of this Contract that you maintain and use your goods in accordance with the suppled User Instructions or After Care documentation. Failure to adhere to any advice or instructions in either the User Guide or After Care documentation will invalidate any claim against Thomas Sanderson Limited in respect of any goods supplied, or services carried out by Thomas Sanderson Limited. Additional copies of any User Guides or After Care documentation are available from Thomas Sanderson Limited upon request. Any alterations made by you to the goods shall deem this warranty invalid. If it is found that goods under this contract are intended for use in or, become used in commercial properties, this warranty shall be limited to a 12 month period. Any goods replaced or purchased outside of this warranty shall carry a 12 month manufacturer’s warranty only. All goods replaced under the terms of this warranty shall benefit from the remainder of the warranty period. Thomas Sanderson Ltd fabrics are tested in accordance with BS EN ISO105: B02 (Colour fastness to light: Xenon arc fading lamp test). Fading to fabric and paint based products will inevitably occur due to fair wear and tear, however, performance of the product is unimpaired and fading should not be construed as a fault in any way. In addition to the above, materials used in the manufacture of Thomas Sanderson Lifetime Shutters carry a 25 year warranty in respect of degradation. This does not include defect that occurs as a result of fair wear and tear or misuse. Charges for labour and call out may apply. Not inclusive of the above clause, the Company accepts that while the chemicals used in Valeting will protect surfaces for a period, it is not able to offer warranty as to this length due to differences in atmospheric conditions; however, it is the recommendation of the Company that all conservatories receive regular Valets at 12 monthly intervals.

  9. The Company shall ensure that the area to be Valeted is protected by appropriate dust sheets and adequate ventilation. The chemicals used in the Valeting works have been skin, airborne and health tested. Foregoing the previous, those with sensitivity toward water based cleaning solutions should take appropriate care and precautions when entering the treated area after works. The Company representative shall ensure that all required protection signage is displayed and it is the Customer’s duty to adhere to their instruction to ensure safe working practises during the Valeting process. Conservatory window and roof blinds are intended as a semi-permanent installation and the company accepts no liability for damage caused by their removal for the works to be completed. If the blinds being removed are those supplied by the company within a reasonable period, parts may be replaced. If parts are available, the Company may replace these.

  10. You can accept the “10 year trade in offer” (known as “Buyback”) in the 2 year period following the 10th anniversary of this contract (the “offer” period”). The “buyback” offer amounts to a 50% discount of the price payable under this order, less V.A.T, being applied to any new order received from you in the “offer period” for the same number, dimensions and type of goods fitted at the same location as are supplied under this Order. The “Buyback offer” can only be accepted once and cannot be used in conjunction with any other offer. You may benefit from the prevailing offer at the time of purchase. This “Buyback Offer” and the 5 year warranty, noted at clause 7, are transferrable to any new property owners. In the event that you wish to transfer the right, please advise the Company in writing to the Head Office address found overleaf.

  11. All goods are sold with an approximate delivery period. The Company shall make all reasonable endeavours to supply the goods within this timescale but may be affected by circumstances outside of our control; failure to supply your goods within this period shall not constitute a breach of these terms. The Company shall advise you of a delay as soon as is reasonably practicable.

  12. It is a condition of these terms that access to the property is made available at the mutually agreed dates for survey, installation and service calls. In order to ensure safe working practises it is a condition of these terms that the area in which the work is to be carried out is cleared of, but not limited to, pets, plants, furniture, breakable items and household residents. The Company requires 24 hours’ notice of a cancelled appointment. If you cancel an appointment prior to manufacture the Company reserves the right to request payment of the contract balance less 50% or, where manufacture has commenced/ completed, the Company reserve the right to request payment of the contract balance less 10%. The remaining sums being payable upon completion.

  13. Title to the goods shall only pass upon the Company receiving payment in full or payment of an agreed reduced balance where applicable. All goods shall remain the property of the Company until paid for and as such, we reserve the right to repossess said goods in the event of a default by the customer. We may invoice you for the goods on or at any time after substantial completion of the installation. Payment is due in cleared monies within 7 days of the date of invoice. Payment should be made to the installation representative. While not limiting the remedies available to the Company for recovery of payment from the customer, the Company reserves the right to suspend any further orders and/ or warranties on products supplied by the Company. The Company may employ the services of a third party to obtain payment withheld for no reasonable reason, the costs of which shall be added to your invoice. In the event of a disputed invoice or dispute regarding the goods, the Company shall not commence any action to recover the sums payable during the period of reasonable dispute. Payment of the non-disputed sum/ goods/ services is payable in good faith during the period of dispute. Goods are deemed as accepted after 7 days has elapsed from date of installation.

  14. The Company shall not be liable for events outside of our control, up to and including civil unrest, strike, acts of God, terrorism or any such event that the Company may or may not foresee but has no control in its occurrence or effects. Neither party to this contract shall be held liable for losses to the other party for loss of anticipated savings, loss of data, any waste of time but this shall not limit either parties claim for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 or any other matter for which it would be illegal to exclude or attempt to exclude liability. No liability of the Company shall be accepted where damage is caused through existing structural or other existing defects on your property. Reasonable endeavours shall be taken during the survey to ensure that adequate fixings are available; however, the Company shall not be liable for delays as a result of unforeseen building works. The Company does not undertake structural surveys. These terms do not attempt to limit liability of either party for foreseeable losses as a result of breach of either party. It is your responsibility to ensure that the installation of our goods does not breach any leasehold, planning regulations or warranties you may hold. By necessity, to facilitate the installation, holes will be made in the fabric of the structure to which the Company’s products are to be fixed. Whilst every effort and care will be taken during this procedure, the Company accepts no liability for unforeseen resulting damage or for holes left in the structure when products are removed.

  15. We may give you notice at either the email or postal address provided on the order and this is deemed served 24 hours after the email or fax is sent or 2 days after the date of posting any letter.

  16. The goods, the contract and these terms shall comply with all statutory requirements for the sale and supply of goods/ contracts within the United Kingdom. If any court or competent authority decides that any of the provisions of these terms are invalid, unlawful or unenforceable to any extent, the term will to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law. It is the Company’s right to waive an obligation of the customer under these terms and this shall not mean that all requirements to perform under these terms are also waived. Any person who is not party to these terms shall have no rights under or in connection with them under the Contract (Rights of Third Parties) Act 1999. These terms shall be governed by the laws of England and Wales and we both agree to the non-exclusive jurisdiction of the courts of England and Wales.

You have the right to cancel this contract within 14 days in relation to cash/card contracts. Any credit agreement related to this contract will automatically be cancelled if you cancel the contract for the goods/services within 14 days, starting with the date that you received your Notice of the Right to Cancel (the ‘Cancellation Period’), either by: giving notice in writing to us at the following address: Customer Service Department, Thomas Sanderson Limited, Waterberry Drive, Waterlooville, Hampshire, PO7 7UW; or by email to [email protected]. Or completing and returning to us the Notice of the Right to Cancel at the address given above. If you serve a cancellation notice in accordance with the above, the contract is treated as cancelled. If you enter into the contract and wish the performance of the contract to commence before the end of the Cancellation Period, you must notify us of this in writing. Where you cancel the contract after requesting the early commencement of such, you shall be obliged to pay for the work done or the Goods received up to the date of cancellation. Notice of cancellation is deemed to be served as soon as it is posted or sent to Thomas Sanderson Limited or in the case of an electronic communication from the day it is sent to [email protected].

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