Terms and Conditions
THIS AGREEMENT is made between Black Knight Secondary Glazing Limited. (hereinafter called ‘the Company’) and the Customer(s) names at (1) and (2) overleaf (thereinafter called ‘the Customer(s)’)
The Customer(s) hereby agree to purchase and/or purchase and have installed and the Company hereby agrees to sell, supply and/or supply and install the goods and services set out overleaf. No variation to the clauses of this Agreement shall be accepted by the Company unless such variation is signed by a Director of the Company. However, in-line with the Company policy of continuous product development and improvement, the Company reserves the right to make minor alterations to any of the specifications contained herein without notice unreservedly.
The Customer(s) agrees:
1) To allow the Company’s site surveyor, installer and any other designated representatives access to the installation address at reasonable times so that the Company can make a detailed survey report, manufacture and complete the installation.
2) To obtain or to instruct the Company to apply on its behalf at the Customer(s) cost, for all licenses, consents and approvals (including without limitation, Planning Permission, Conservation Area Permission and Building Control Regulations approval) which may be required in connection with the installation of the goods but agrees that the Company has no liability to the Customer(s) if any such permissions are not obtained.
All glass will be in accordance with document N1 of the Building Regulations.
The manufacture of glass is a very aggressive process. As a consequence, slight imperfections and blemishes cannot be avoided and glass will be supplied in accordance with the quality recommended by the Glass & Glazing Federation www.ggf.co.uk.
It will remain the Customer(s) to arrange for any telephone lines, burglar alarm wiring, electrical wiring, TV cables or any similar installations or equipment that are touching or are in close proximity to the works to be disconnected, made safe and removed prior to the commencement of the works. The Company does not under any circumstances reconnect or refit these items.
It will remain the Customer’s(s’) responsibility to arrange for any curtain rails, pelmets, shutters, security grills or any other similar installations or equipment that are touching or in close proximity to the works to be disconnected, made safe and removed prior to the commencement of the works and/or remain the customers responsibility to refit these items after installation. The Customer(s) should be aware that it may not be possible to refit these items after installation without modification; this will always be the case in a curved or angled bay window. Where the Company has agreed in writing prior to the installation, the Company will refit straight rails if it possible during the period of installation, providing that no modification is required, that the existing curtail rails and ancillaries are in sound and serviceable condition and do not break when removed and that any internal sealants and paint surfaces have dried.
Secondary windows will be manufactured square and any internal cover beads will be either timber of PVCu at the sole discretion of the Company’s surveyor.
The Company will make good any damage caused during the course of the installation to plaster immediately adjacent to the installation area but shall no be responsible for damage caused to tiled areas, wallpaper or paint work. The Company cannot guarantee to remove in tact ant panes of glass or frames from an old existing secondary glazing removed during installation. The Company will endeavour to ensure that any making good will match existing finishes but shall not be liable for non-matching due the weathering of existing materials or non-availability of matching materials.
The Company will not be liable for any damage resulting from pre-existing structural or other defects in the property or its immediate surrounds whether visible or not.
Delivery of the goods at the installation address shall be made within the period (if any) specified in the order or specification but any term so specified is an estimate only and the Company shall not be liable for damage or loss, whether arising directly or indirectly out of delay in delivery or circumstances beyond the Company’s control.
The Customer(s) are bound by the Agreement to have the work completed when all necessary goods have been made and the Costumer(s) have been informed that the Company wishes to carry out the works. If the Customer(s) wish to delay the works by more than 14 calendar days after they have been informed that the goods are ready, the full and total price of the Agreement shall become due and payable. The products will then be stored for no longer than one month after which time the products will be delivered to the Customer(s).
The price is inclusive of any applicable value added tax. If there are any changes in the applicable VAT rate after the contract is signed and before the balance is settled then the Company reserved the right to adjust the value of the contact accordingly.
The Customer(s) shall make payment of the total price (less any deposits paid) to the Company (or its representative) immediately upon substantial completion of the works.
Any outstanding balances not paid by the Customer(s) after the due date will be subject to a one-off administrative collection cost of £300 and interest calculated at a monthly compounded interest rate of 2.5% and the Company reserves the right to charge all cost of collection.
The installation of the goods into the Customer(s) premises shall be subject to the Company’s site surveyor’s inspection. In the event of the Company terminating this Agreement, the Customer’s (s’) deposit shall be returned in full.
Secondary glazed windows cannot assist in reducing condensation in badly ventilated areas with high humidity levels and/or inadequate heating. It is not advisable or necessary to seal or draught exclude the existing primary window.
The Company cannot guarantee any particular level of noise reduction after the installation of our secondary units. The level of reduction will depend upon the type of noise and its direction and is different for aircraft, noisy neighbours, road traffic noise etc. The only way to assess this in advance is the have a survey carried out by a qualified acoustic engineer.
Subject to the conditions set out below the Company guarantees that the goods supplied will be free from inherent defects in materials and workmanship for a period of 5 years.
It shall remain the responsibility of the Customer(s) to operate and maintain all products in compliance with the Company’s operating and maintenance instructions. A printed copy of these instructions is available upon request.
The Company shall be under no liability and have no responsibility in respect of any defect arising from subsidence, heave or other ground movement, storm damage, fair wear and tear, shrinkage or expansion doe to weather or atmospheric conditions, wilful damage, negligence or neglect or the Customer(s) failure to follow the Company’s maintenance instructions, misuse, acts of terrorism, Acts of God, or alteration or repair of the goods by anyone other than the Company’s authorised representatives.
This guarantee is transferable without charge.
This guarantee shall not come into effect and the Customer(s) shall not be entitled to rely upon it until such time as the Company shall have received the whole of the Agreement price and any other sums due to it from the Customer(s).
The Customer(s) will not legally own the goods until the Customer(s) has paid for them in full (by the way of cash or cleared funds) and, until such time as the Customer(s) shall keep the goods in good repair, condition and properly protected and insured.
If a term or provision of this contract should prove to become invalid, the validity of the other terms and provisions shall not be affected thereby. The parties agree to replace an invalid term or provision with a valid one which comes as close as possible to fulfilling the original economic goal intended by the parties.
The Company has a complaint handling policy and if the Customer(s) believe they have a legitimate complaint against the Company and have not been given their consumer rights, then the Customer must request a copy of our Complaint Policy which the Company will forward to the Customer(s) by return.
It is the Company’s responsibility to supply the Customer(s) with goods that meet consumer rights. If the Customer(s) have any concerns that the Company has not met its legal obligations, the Customer must contact the Company.
These conditions and the Agreement shall be subject to and construed in accordance with English law and are additional to your statutory rights.
Black Knight Secondary Glazing Limited
Registered in England and Wales Number: 08638414
VAT Registration Number: 197 3861 56
Unit 9, Prospect House, Colliery Close, Chesterfield, Derbyshire, S43 3QE
01246 229 000
0808 168 5208