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Leading provider of “A” Rated Windows & Doors in Kildare, Dublin & Meath

1. The Company shall have the right to cancel the contract if, in its opinion, the Installation as proposed is, or becomes, Impractical to fulfil. In such circumstances the liability of the Company shall be limited to refunding in full any deposit paid by or on behalf of the Client.

2. The Company shall accept written notice of cancellation of the contract without charge within three days of the date thereon; thereafter, the Company shall have the right to charge the Client full costs incurred including loss of profits.

3. It shall be the responsibility of the Client to ensure that the supply end installation of the goods complies with every applicable statute, planning regulation, building regulation or other prescription of a Public Authority and to obtain every licence or consent of whatever form required.

4. Where the contract is signed but is held pending approval by a Public Authority the Client shall notify the Company in writing as soon as the Client has notice of the approval.

5. Any delivery period quoted by the Company in connection with the contract shall be an INDICATION ONLY and shall not be a term of the contract.

6. Works additional to those contained in the specifications shall be undertaken only after prior agreement by the Company in writing.

7. The Company shall, at the Company’s own cost, supply and install the goods in a good, substantial and workmanlike manner in the subject property in accordance with the contract specifications for the contract price.

8. The Company shall diligently execute the works and, on completion, shall vacate the premises clearing away all scaffolding, unused materials and rubble.

9. The materials and workmanship supplied by the Company shall be of kinds described in the specifications and, where not so described, shall be in accordance with clause 7. The Company shall not be liable:

(a) in respect of scratches, minor blemishes or imperfection or indentations or optical phenomena in respect of which the company’s suppliers are themselves not liable to the Company – GLASS AND GLAZING FEDERATION VISUAL QUALITY STANDRDS APPLY.

(b) for damages caused by accident, misuse or failure by the Client to exercise due care or to comply the Company’s operating instructions.

(c) for the slight dulling of any brilliant white material and/or slight variation in bronze shade of materials supplied.

10. No minor variation of or deviation from the contract specification by the Company shall vitiate the contract.

11. The Client shall permit the Company, through its servants and agents, access to the subject property at reasonable times to enable the specified works to be executed properly. In the event of an appointment for the supply and/or installation of all or part of the goods not being agreed by the Client within 28 days from the request for such an appointment by the Company, the Company shall become entitled to immediate payment of any balance at that time outstanding in respect of contract.

12. In situations involving the replacement by aluminium or uPVC units of existing goods the replacement goods shall be manufactured square and irregularities in opes shall be adjusted accordingly.

13. In the case of new opes, the Company’s obligation to install shall be limited to pinning-in the supplied goods only. Thus, the construction of the opes to accepted tolerances for installation purposes, the insertion of damp-proof courses, the protection of the goods after pinning-in and subsequent internal and external plastering around them shall be the responsibility of the Client.

14. The Company shall make good disturbance of wood and plaster only in the immediate installation area and shall have no liability beyond that, for example, for painting, decorating or replacing tiles. The Company shall not be liable for any damage caused by vibration in the course of installation to ornaments, mirrors, pictures or other items dislodged which are located in the vicinity of the contract works. The Company shall not be liable for any consequential loss or damage or expense suffered or incurred by the Client, directly or indirectly, in connection with the contract.

15. Any structural defects which become apparent or at any time after installation shall be the sole responsibility of the Client and the Company disclaims any liability whatsoever under this heading.

16. The Company shall have the right to charge the Client with any increase in the cost of the performance of the contract brought about by any legislative enactments, instruments, rules or orders or the exercise by the Government of powers vetted in it, whether by way of imposition of new duties or tariffs or by way of affecting the cost of labour or otherwise.

17. Subject to condition 18, terms of payment are set out in the schedule of price and payments. The Client shall pay monies due to the Company’s installers. If a financial Institution is involved in financing the contract, that Institution’s cheque or completion note shall be tendered to the Company’s installers, in the event that the contract is stated (on the face of this document) to be subject to loan approval by a third party, the Client shall make the loan application within 14 days of the date of the contract and shall not withdraw once the application has been made in the event that the application is declined, the contract shall lapse automatically unless confirmed by both parties in writing.

18. The Client shall pay the Company Interest charged at the current overdraft rate plus 6% on all overdue payments. Interest shall accrue on a daily basis, and the compounding rules applicable to Bank overdrafts will apply.

19. Title in the goods shall remain with the Company and shall not pass to the Client until all monies due on foot of the contract are paid to the Company in full.

20. No neglect or forbearance by the Company in endeavouring to obtain payment or to enforce its rights under the contract shall in any way affect the liability of the client.

21. The Company guarantees to repair or, in the opinion of the Company it is necessary, to replace free of charge any of the goods shown to its satisfaction within the guarantee period to be defective as regards material, manufacture or installation, save always that:

(a) the Company shall not be liable in respect of scratches, minor blemishes or imperfections or indentations or optical phenomena in respect of which the Company’s suppliers are themselves not liable to the Company – SEE ITEM 9. ABOVE

(b) the Company shall not be liable for damage caused by accident, misuse or failure by the client to exercise due care or to comply with the Company’s operating or maintenance instructions.

(c) the Company shall not be liable for the slight dulling of any brilliant white material supplied that may occur or variations in bronze shade.

(d) the Company shall not be liable for any consequential loss or damage or expense suffered or incurred by the Client in connection with any defect covered by this guarantee.

(e) the elimination of condensation is not guaranteed and provided always that

(a) written notice of the defect shall have been given to the company within 14 days of the occurrence.

(b) the Client shall have compiled with every condition of the contract and shall have paid the agreed contract price in full for the purpose of the condition, the guarantee period shall be 1 year from the date of practical completion of the original contract works absolutely.

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