Terms and Conditions
HOME IMPROVEMENT SUPERMARKET LTD TERMS AND CONDITIONS
These terms and conditions regulate the agreement between Home Improvement Supermarket Limited (The Company) and the customer (The Customer).
1. DEFINITIONS:
a. “Conditions”: means these standard terms and conditions set out in this document and any special terms and conditions specifically agreed in writing between the Customer and Home Improvement Supermarket ltd from time to time;
b. “Contract”: means the contract between the Customer and Home Improvement Supermarket Ltd, for the purchase and installation of the Products incorporating these Conditions;
c. “Customer”: means the person described as the Customer in the Purchase Order;
d. “Premises”: means the premises at which the Products are to be installed by Home Improvement Supermarket Ltd;
e. “Products”: means the products as manufactured, supplied by third parties and/or installed by Home Improvement Supermarket LTD, and as set out in the Schedule of Works;
f. “Purchase Order” means the pro forma order form signed by the Customer;
g. “Schedule of Works”: means the work to be carried out by Home Improvement Supermarket Ltd, as set out in the Contract;
h. “Home Improvement”: means Home Improvement Supermarket Limited registered in England & Wales at 107 Cygnet House, Reading. RG2 0NX, company number 12041606, VAT Number 340892690;
i. “Writing” and “written”: includes written letter, facsimile transmission and comparable means of communication including e-mail.
2. GENERAL:
This contract contains all the terms and conditions agreed between the company and the customer and no variations of these terms and conditions shall bind either party unless previous agreement in writing is signed by both the customer and a director of the company. The customer is contracting directly with the company for the supply and installation (where necessary) of the products and services detailed overleaf.
The customer acknowledges and agrees that they shall receive delivery of products which comply with the company’s latest basic design and that specifications may be changed without notice to the customer provided that the product shall be of equal or greater performance to the customer. Upon signing this contract by the customer, a binding contract shall be created.
3. BASIS OF PURCHASE:
a. The Contract is made between Home Improvement Supermarket Limited and the Customer in accordance with any written quotation of Home Improvement Supermarket Limited which is accepted by the Customer and which is subject to these Conditions which shall govern the Contract (or any variation of the Contract as applicable). These supersede any other terms and conditions subject to TERMS & CONDITIONS Page 2 of 6 which any such quotation is accepted or purported to be accepted, or any such order is made or purported to be made by the Customer.
b. Any illustrations in Home Improvement Supermarket Ltd.’s promotional literature and documentation are for guidance purposes only and are not binding on Home Improvement Supermarket Ltd or to scale. All colour stained swatches are for the Customer’s guidance purposes only and Home Improvement Supermarket Ltd. cannot guarantee exact colour matches due to the manufacturing processes.
c. The Contract is personal to the Customer and the Customer shall not be permitted to assign the Contract or any part of it without the prior written agreement of a director of Home Improvement Supermarket Ltd.
4. ACCESS / DELIVERY:
The customer will grant access to their property to the company, its employees, workmen and all related contractors by prior agreed appointment between the hours of 7.00am and 8.00pm Monday to Sunday until the installation is complete. In the event of the customer failing to give access to their property for a period of 21 days from a request in writing, the company shall be entitled to terminate this agreement at the expiry of such period, the company will remain entitled to receive full payment for any part works completed, products manufactured, purchased or ordered.
The company will use its best endeavours to install the products scheduled within the reasonable time period quoted to the customer.
The company shall not be liable for any delay that may arise from circumstances beyond its reasonable control. Should the customer wish to cancel the contract due to circumstances out with reasonable control of the company, the customer will be liable to pay for any part work completed, products purchased, ordered or manufactured.
Products installed in the customers property, the title to the products, and the ownership of the products shall remain with the company and will not pass ownership or guarantee to the customer until the total price has been paid to the company in full.
5. SURVEY:
This agreement is subject to a detailed survey being carried out by the company or its agents and the company alone may as a result in its absolute discretion and without giving any reason cancel all or part of this contract at any time to the installation commencing.
If it is found during the survey that additional work is necessary which is not covered by this contract to ensure that the completed installation is up to the company’s standard then the cost of such additional work will be notified to the customer. If the customer is not prepared to pay the additional cost then the company reserves the right to vary the terms of its guarantee or cancel the contract, the customers deposit would then be refunded.
6. GUARANTEE:
No work will be carried out by the company under the guarantee until the total price for the job has been paid to the company in full. All glass used shall be of good quality but the company shall be under no liability whatsoever in respect of minor blemishes, scratches or imperfections which are not guaranteed by the glass manufacturers (not noticeable whilst facing the glass in daylight from within the room at a TERMS & CONDITIONS Page 3 of 6 distance of 2.0 metres, 3.0 meters for toughened, laminated and coated glass: NHBC Standards 2018).
All uPVC and composite material which have conspicuous surface abrasions noticed at a distance of 2.0 meters caused during installation may be removed by filling, polishing out, re-spraying or painting as appropriate.
The company will guarantee that condensation will not form between the panes of the double glazed & triple glazed sealed units during the period of the guarantee. The company does not guarantee that the installation of the products specified will stop condensation.
The company undertakes to replace or repair free of charge any ironmongery (Hinge, Lock, Handle, Knocker, Letter Box, etc.) product that proves defective as a result of faulty materials or workmanship within a period of 1 years from the date of installation.
Our 10 years guarantee is against the failure of the framing materials and 5 years sealed glass units from the installation date.
The company shall not be liable to repair or replace any item which in its opinion has suffered damage due to misuse, accident or premature deterioration due to the customer’s failure to satisfactorily maintain the product. The principle of fair wear will be applied in all cases.
7. LIABILITY:
The company shall not be liable to pay for any work carried out by any other person, firm or company engaged by the customer whether by way of rectification or completion unless such an engagement has been agreed by a director of the company in writing.
8. VARIATION:
No variation of these Conditions or the Contract shall be binding unless agreed in writing by both Home Improvement Supermarket Limited and the Customer.
9. VAT:
The Customer is required to pay VAT at the appropriate rate. If the Customer believes that it is entitled to pay less than the standard rate it must provide satisfactory proof at the time of entering into the Contract otherwise it will be invoiced at the standard rate.
10. NEW BUILD OR PREPARED OPENINGS:
In the event Home Improvement Supermarket Limited is manufacturing the Products to the Customer’s specifications, Home Improvement Supermarket Limited shall not be responsible to check that any such specifications supplied by the Customer are accurate. If the specifications supplied by the Customer are inaccurate, the Customer shall indemnify Home Improvement Supermarket Limited against the cost and expense incurred by Home Improvement Supermarket Limited as a result of manufacturing the Products. If on removal of old windows, a new lintel is required this will be an extra cost.
11. BUILDING WORK:
Unless the Contract states to the contrary Home Improvement Supermarket Limited shall not carry out, be responsible for or supervise any building work on behalf of the Customer. The Customer acknowledges and agrees that Home Improvement Limited shall not accept any liability for any claims, demands, TERMS & CONDITIONS Page 4 of 6 actions, proceedings and all damages, losses, costs, and expenses (including legal expenses) suffered or incurred by the Customer as a result of any building works not carried out by Home Improvement Supermarket Limited.
12. INSTALLATION:
The company will make good any damage caused in the course of installation to plaster, floor, rendering, or brickwork immediately surrounding any window or door installed by the company but under no circumstances can the company undertake to provide matching wallpaper, ceramic or other tiles or specialised finishes, nor can the colour of the making good of any surface, rendering or brickwork be guaranteed to match the existing finish. The company does not provide or apply any decorative finish to such making good.
The company and its servants will do their utmost to keep any damage to a minimum but it cannot guarantee to avoid damage to wallpaper or paintwork surrounding the installation and any redecoration as a result of such damage shall be the responsibility of the customer. The company will not be liable for damage of any description arising from the installation or use of the products where such damage is due to defects in the fabric of the building which existed prior to the installation of the company’s products which was not detected at the survey. The company will notify the customer of any such defect if it is thought that the defect will prejudice the performance of the company’s products.
Curtain, blinds and pelmet removal and replacement is not part of our costing. In the event that these are not removed on the day of your installation and we have your agreement to remove them, the company will not refit these and will not be held responsible for any damage whatsoever. We wish to make you aware that during window and door replacement work that there is a risk of damage to cables either attached to, or cables run through frames that need removed. If any damage occurs the customer is liable for any resulting costs. You could elect to have the cables removed and replaced by your suppliers before the installation date.
13. PAYMENT:
A deposit of 30% is payable to the company before the company processes any order, the final balance of 70% is due on practical completion and inspection by the company and the customer. Payment must be made by bank transfer to
HOME IMPROVEMENT SUPERMARKET LTD
ACCOUNT NAME: HOME IMPROVEMENT SUPERMARKET LTD
SORT CODE: 23-05-80
ACCOUNT NUMBER: 36927062
By cash, or by debit card – we do not accept credit cards. The customer shall not be entitled to withhold payment by reason for any alleged minor defect which would normally be dealt with under the guarantee or aftercare process. If payment is not made by the customer as above, we will seek to instruct court action to recover the outstanding balance and all legal costs. Interest shall accrue on the amount of payment outstanding to the company from that date to the date of actual payment at the rate of 3% per month, accruing day by day. All products and material remain the property of Home Improvement Supermarket Ltd until paid in full. All card transactions include a 4% fee.
14. PLANNING PERMISSION:
Any local authority planning permission will remain the sole responsibility of the customer, the company assumes that you have the correct permission in place to install the products and no liability will fall on Home Improvement Supermarket Ltd should the customer not have the correct permission in place. TERMS & CONDITIONS Page 5 of 6
15. CANCELLATION:
Home Improvement Supermarket Ltd.’s windows and doors are bespoke made to measure products; we do not hold stock. As a gesture of goodwill, the customer can cancel this contract within 7days providing that no products have been ordered or manufactured by the company. This request may be put in writing and sent to Home Improvement Supermarket Ltd, 107 Cygnet House, Drakeway. Reading. RG2 0NX.
Alternately cancellations can be emailed to info@homeimprovementltd.co.uk
16. RISK AND LEGAL RIGHTS:
you will be responsible for any loss or damage to the goods from the installation date. However, you will not own the goods until we have received your payment and any other amounts you owe.
Until you own the goods you must hold them for our benefit according to our instructions.
If we have to pay costs to enforce our rights against you, we will aim to recover those costs from you.
17. PRIVACY POLICY:
Home Improvement Supermarket Ltd takes the privacy of its customers seriously. We are committed to safeguarding the privacy of our customers while providing a personalized and valuable service. If you have any requests concerning your personal information or any queries with regard to these practices, please contact us by email.
18. COMPLAINTS PROCEDURE:
If you have a complaint, we want to know as soon as possible to help us to put things right promptly.
Contact our office with your details and a description of your problem. We are here for you from 9am to 5pm Monday - Friday and 9am to 1pm Saturday.
call us on 01184601910 or 07894459461 or Email us: info@homeimprovementltd.co.uk or write to us Home Improvement Supermarket Ltd. 107, Cygnet house, Drakeway, Reading, RG20NX.
However, you contact us, we will:
-Let you know we have received your query
-Tell you who will be responsible for investigating along with their contact details.
-Endeavour to return phone calls and emails within one working day.
-Do everything we can to resolve things as quickly as possible.
-Do what we can to attend within fourteen days if a visit to your property is needed.
-Keep you regularly informed of progress throughout.
In the unlikely event of a complaint not resolved between us then you can contact
CERTASS QUALITY MANAGER TEL:01292502396 or EMAIL: info@certass.co.uk
19. CERTASS:
Our membership. We are a registered member of Certass.
In most cases this allows us to certify that our installed products meet the requirements of the Building Regulations.
CERTIFICATE. After installation, Certass will send, directly to you, your certificate of compliance. You should contact us if you have not received this within eight weeks of installation.
20. IF THERE IS A PROBLEM WITH THE PRODUCT:
We are under a legal duty to supply products that are in conformity with this contract. See the below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
SUMMARY OF YOUR KEY LEGAL RIGHTS
PLEASE VISIT: Citizens advice website www.adviceguide.org.uk or call 03454040506.
The consumer Rights Act 2015 says goods must be described, fit for purpose and of satisfactory quality.
DURING THE EXPECTED LIFE OF YOUR PRODUCT YOUR LEGAL RIGHTS ENTITLE YOU TO THE FOLLOWING;
a) Up to 30 days: if your item is faulty, then you can get a refund.
b) Up to six months: if your faulty item can't be repaired or replaced, then you're entitled to a full refund, in most cases.
c) You may be entitled to a repair or replacement, or, if that doesn't work, some of your money back. In terms of installation services, the consumer rights act 2015 says:
i. You can ask us to repeat or fix a service if it is not carried out with reasonable care and skill, or get some money back if we can't fix it.
ii. If you have not agreed a price upfront, what you're asked to pay must be reasonable.
iii. If you haven't agreed a time upfront, it must be carried out within a reasonable time.