Terms and Conditions

THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO CLAUSE 11

“The Order Schedule” means the document which you sign to indicate that you agree to enter into a Contract with us for the Goods specified in that Order Schedule, subject to these Terms and Conditions (“the Contract”).

1 WORDS OR TRADING NAMES

The words or trading names which we use to describe our goods are as follows:

1.1 “The Goods” means the windows, doors, units, materials and works to be supplied by us to you as specified in the Order Schedule. All Windows and Doors are manufactured with our standard profiles and to The German Window Company design. If a customer requires a design different from the standard specification, then this must be specified in the order schedule and will incur extra charges.

1.2 A “complete window” means a window that comprises both a frame (or sub frame) and sashes or leaves made to fit each other without inclusion of any window board (interior sill) or any reveal or Soffit.

1.3 “New Sashes” means sashes or leaves for fitting directly into your existing frame (or sub-frame). The working capability of the result will be dependent upon the condition of your existing frame (or subframe).

1.4 “Sash Overhaul” means:

1.4.1 the attachment to the existing window or door of strips made of timber that incorporate a method of resistance to the passage of air through the window and door; and

1.4.2 ensuring that the window opens and closes properly.

1.5 A “Box Sash” or “Sash Window” means a vertical sliding window with ropes and counter-weights attached;

1.6 “Flange” means a raised or projected part of a building;

1.7 “Reveals” means the vertical side of an opening in a wall, including the side of a window;

1.8 “Soffit” means an attachment to the underside of a part of a building or structural component, such as an arch, beam or stair;

1.9 “Wide Glazing Bars” means glazing bars constructed in timber that pass from the outside through the inside of the window and support a sheet of glass or glass sealed units. These bars may have dimensions and/or moulding different to the original or existing window.

1.10 “Narrow Glazing Bars” means glazing bars constructed in timber with a sheet of glass or glass sealed unit separating the bars on the outside of the window from the bars on the inside of the window and these bars being bonded onto the glass on each side. These bars may have dimensions and/or moulding different to the original or existing window.

1.11 A “Casement” means a hinged window, or a part fixed/part hinged window or a fixed window of the same profile as a hinged window, with any opening leaf/leaves using outward opening hinges, swinging the leaf/leaves sideways or upwards.

1.12 The “Second Survey” shall contain the specifications upon which the Contract will be performed and shall replace any preliminary designs, drawings and proposals previously submitted.

1.13 “Storm Proof” means a Casement in which a Flange around the frame holding the glazing overlaps externally over the frame (or sub-frame) to effect Storm Proof performance.

1.14 Windows which incorporate sealed glass units (sealed unit double glazing) and/or incorporate narrow Glazing Bars cannot be “like-for-like”. “Like-for-like” does not comply with the current British Standard of Building Control.

1.15 “The Parts” are the sealed glass units, timber, and standard locks, pulleys, handles, fittings and springs manufactured and supplied by us which are covered by the Guarantee;

1.16 ”Trade Customer” means a company or person who enters into the Contract in the course of, for the purposes of, or in connection with his or her business.

2 IMPLEMENTING THE CONTRACT

2.1 You are entitled to place an order for the Goods specified in any written estimate or quotation, at the price shown on it, within 28 days of the date shown on it.

2.2 The Contract will be effective when you sign the Order Schedule. These Terms and Conditions form part of the Terms of the Contract. Once you have signed the Order Schedule both we and you will be bound by the Order Schedule and by these Terms and Conditions.

2.3 If one of our salesmen, surveyors or other employees tells you something before signing the Order Schedule that you want to form part of the Contract, you must request that the matter is recorded in writing and signed by us and you, otherwise it will not form part of the Contract and we will not be responsible for what was said to you. This is because they do not have permission or authority to change these Terms and Conditions.

3 VARIATION/CANCELLATION

3.1 Once you have signed the Order Schedule you are bound by the Contract and you cannot cancel the Contract unless one of our Directors agrees in writing. This does not affect your entitlement to cancel the Contract at law if we commit a serious breach of Contract.

3.2 If an order schedule is signed after an unsolicited approach to the Customer by the Company, then a 7 day cooling-off period will apply whereby the Customer will be able to exercise the right to cancel the order within the 7 days if they so wish and the Company will refund all deposit monies to the Customer in full.

3.3 The Terms of the Contract are as set out in the Order Schedule and these Terms and Conditions can only be varied in writing. This to be detailed and signed by both a Director of the Company and by Yourself.

3.4 Once you have signed the Order Schedule you may ask us to change your order or the specification of the Goods you have ordered. If we agree to the changes you request we will send you a revised estimate/quotation, which may include a change in the price. If the revised estimate/quotation is acceptable to you, you should sign and return the revised estimate/quotation. If the revised estimate/quotation is not acceptable to you, you will still be bound by the original Contract.

3.5 Minor variations to the order by us, shall not constitute a breach of the Contract on our part. If the part or material to be supplied or used is not available we reserve the right to substitute the nearest alternative without notice. If the substitution will materially change the appearance of the Goods, we shall notify you and obtain your consent before making the change. If you do not consent to the substitution, the Contract will come to an end and we shall refund to you all monies that you have paid us under the Contract.

4 PRICE

4.1 The price of the Goods which you have ordered is shown on the Order Schedule.

4.2 Unless otherwise stated on the Order Schedule, the prices shown take into account any discount, rebate or offers which we have agreed with you. You shall not be entitled to any further reduction off the total cash price if we subsequently make any promotional offer.

5 TERMS OF PAYMENT

5.1 The "Net Price", "Full Price", "First Deposit", Stage Payment and "Balance” are set out in the Order Schedule.

5.2 You must pay in full the relevant sums set out in the Order Schedule on the dates shown in the Order Schedule. If you are more than:

5.2.1 14 days late in making any of the payments we shall be entitled to charge you interest on any late payment at the rate of 3% above the base lending rate of Bank of Scotland accruing on a daily basis and being compounded quarterly until payment is made whether before or after any judgement (to assist with the interest we have to pay on our bank borrowings) and we may claim interest under the Late Payment of Commercial Debts (Interest) Act 1998 and you shall pay the interest immediately on demand; and

5.2.2 28 days late in making any of the payments we shall be entitled to cancel the Contract and you will have to pay the Full Price, less any payments you have already made, on demand.

5.3 You must immediately pay the whole of the Full Price, less any payments you have already made, if you cancel the Contract without the written consent of one of our Directors.

5.4 If you cancel the Contract, then you agree to pay us in full by indemnifying us from net losses, damages, commissions, legal costs, charges and expenses incurred by us to a total sum not less than the Full Price. If you are a Trade Customer, then you also agree to indemnify us for loss of profit.

5.5 If the Contract is cancelled under paragraph 5.2.2 or 5.3 above, we shall take reasonable steps to sell the Goods to someone else. If the Goods were made to your order, it is not always possible to sell the Goods to anyone else. The revenue generated will be used to offset your liability to us.

5.6 Any payments that you:

5.6.1 Make by cheque or bill of exchange payment will take place once the cheque bill of exchange has cleared;

5.6.2 Send by post are sent at your own risk. We suggest that you do not send cash through the post.

5.7 This sub-condition only applies if you are a company. If you suffer distress or execution against your property, go into liquidation, have a petition presented for your winding-up or you pass a resolution for voluntary winding-up (otherwise than for the purposes of a bona fide amalgamation or reconstruction) or you compound or make a voluntary arrangement with your creditors or you have an administrator or receiver or administrative receiver appointed over all or any part of your assets (or you carry out or suffer a similar act or event under foreign law) or you commit a material or serious breach of the Contract (which you fail to remedy within 7 days of us telling you to remedy it) you will be deemed to have repudiated the Contract.

5.8 This sub-condition applies if you are an individual or individuals. If you or (if there is more than one of you) one or more of you are made bankrupt or a petition for your bankruptcy is presented or you enter into an individual voluntary arrangement or any other composition or scheme of arrangement with your creditors (or you carry out or suffer a similar act or event under foreign law) or you commit a material or serious breach of the Contract other than failure to make payments by the dates shown in the Order Schedule (which you fail to remedy within 7 days of us telling you to remedy it) you will be deemed to have repudiated the Contract.

5.9 If you are a company or a Trade Customer, we reserve the right at any time at our discretion to demand security for payment before continuing with the manufacture, delivery or installation of any order.

5.10 In the event that installation (if specified in the Order Schedule) has not commenced we undertake to mitigate as far as possible the on-site installation costs, and any reduction in those costs will be deducted from the Full Price.

5.11 In the event that the delivery has been made to site and the installation has commenced then the outstanding balance of the purchase price is due for payment.

5.12 You will only be entitled to retain an amount equivalent to a maximum of either 1% of the total price shown in the Order Schedule or £500 whichever is greater, with regard to any remedial work that we agree with you will be completed. Otherwise the full amount shown in the Order Schedule will be due and payable in accordance with this clause 5.

6 DELIVERY

6.1 Unless we specifically agree in writing, dates for delivery of the Goods that are set out in the Order Schedule, we will deliver within a reasonable time after:

6.1.1 You have paid the deposit in full; and

6.1.2 We have received your written answers to any questions we may have following the second fitting or further enquiries that need to be clarified before manufacture can commence.

6.2 The length of time that is reasonable under condition 6.1 will depend upon all the circumstances, including the nature and conduct of the works being carried out. You will not be entitled to cancel the contract or claim compensation if we do not meet these guideline dates. You will only be entitled to bring the Contract to an end at law for failure to deliver if we do not deliver the Goods within a reasonable time under condition 6.1.

6.3 You are responsible for obtaining and promise to us that you have obtained or will obtain any consents or planning permissions necessary for the Goods. If you fail to obtain the necessary consents or planning permissions we shall be entitled to terminate the Contract and you will pay to us any reasonable loss we may suffer as a result.

6.4 It is the customers’ responsibility to ensure that the works to be carried out do not conflict with, or breach, any covenants or bye-laws relating to the installation site.

7 RISK AND OWNERSHIP OF THE GOODS

7.1 The Goods will be at your risk immediately upon delivery. This means that you are responsible should they be lost, stolen or damaged after delivery and so we suggest that you ensure that they are covered against loss and/or damage by a suitable insurance policy.

7.2 Ownership of the Goods will only pass to you once you have paid in full for them. This means that we will continue to own the Goods until you have paid in full for them.

7.3 To enable us to collect the Goods that have not been paid for in full, you agree to allow us to enter your property.

8 STOPPING DELIVERY

8.1 Until ownership of the Goods passes to you, we have the right to withhold delivery if any of the circumstances mentioned in Conditions 5.7 or 5.8 apply.

9 SPECIFICATIONS

9.1 Notwithstanding that the specifications of the Goods shall be those set out in the Order Schedule and these Terms and Conditions unless other specifications are agreed in writing, you agree that the frame width and height of the new window or door may differ from the old window or door being removed.

When replacing a bay window the existing heads (bay roof support and external architrave) will be left in place. We do not offer “like for like” goods. All goods are manufactured to The German Window Company design. The customer is advised to read our product Specification sheet which is available upon request and is also published on our website the goods ordered meet your requirements.

9.2 All glass supplied will be flat transparent unless specified otherwise in the Order Schedule. Flat transparent glass is never perfect; it may include and shall be deemed acceptable if the following are neither obtrusive nor bunched; totally enclosed seeds, bubbles or blisters, hair lines or blobs, fine scratches not more than 25mm long and minute embedded particles.

9.3 Obtrusiveness of blemishes in glass shall be judged by:

9.3.1 Looking through the pane of glass and focusing on an object on the other side, and not by looking at the glass itself;

9.3.2 Viewing panes of glass from inside the room, standing at a distance of not less than 2 metres, in natural daylight and not in direct sunlight. The area to be viewed is the normal vision area with the exception of a 50mm wide band around the perimeter of the unit.

9.4 Any sealed glass unit supplied will be hermetically sealed in the factory within British standards and the thickness of such units and glass will be at our discretion.

9.5 Flat transparent glass used in the manufacture of sealed units is identical to that used for single glass and is of similar quality.

9.6 Unless otherwise expressly stipulated in the Order Schedule:

9.6.1 All existing sub-frames, sills, window boards, soffits, architraves and similar will be left in place and re-used;

9.6.2 We will fit new windows or doors into the existing apertures. Goods with square corners will be constructed using right-angled corners, and where your existing sub-frames or surrounds are not square, vie shall use filler or sealant to fill the gaps and/or cut back or pack out the existing sub-frames or surrounds;

9.6.3 Any new timber will be of standard good quality, which will be painted in micro-porous paint. It will be your responsibility to make further application of water-based preservative or waterbased primer, varnish, paint and filler at periods of sufficient regularity to ensure good maintenance of the timber;

9.6.4 When installing, we will fit back to the original plaster lines. If, however, the lines are excessively out of plumb we will fit uprights within the lines of the spirit level and trim interior.

9.7 You agree that the Goods may be constructed within tolerances applicable to standard practice carpentry and site joinery. You also agree that there is no Guarantee regarding matching of grains and/or colours of natural and/or finished timbers whether painted, bare or varnished.

9.8 You agree that we may use all types of materials to fit the windows including MDF, steel, plastic fittings subject to the absolute discretion of the installer using his knowledge to use any type of fitting materials as he sees fit to obtain the best result in the circumstances

9.9 We make a bespoke product. In certain circumstances you agree that we may attach “add ons” such as an extra piece of timber, to the frames to allow for a larger fitting tolerance for fitting the frames at the time of installation due to unforeseen problems that may arise following the removal of the old frames.

9.10 In the event that you request any of the Goods to be in whole or in part oversize and/or overweight according to the manufacturer’s recommendations then neither our nor the manufacturer’s Guarantee will apply to those specific items.

9.11 We do not undertake or represent that the Goods will reduce external noise and/or will reduce condensation.

9.12 If any burglar alarm, lock, blind, fan or other device (“the Items”) used in conjunction with the Goods are to be installed by us as specified in the Order Schedule then our obligation is limited to installation of the items in accordance with the manufacturer’s instructions. Please note that:

9.12.1 We obtain and fit the items as your agent and our liability is limited to the cost of the installation only;

9.12.2 We do not accept any responsibility whatsoever for the performance of the items (whether or not they are included in the Order Schedule) and we will not be liable for any loss or damage you may suffer by the performance or non-performance of the items. For servicing, adjustments, repairs, Guarantees or any other query relating to the items you must contact and deal with the manufacturer or distributor (other than us);

9.13 We will supply any or all glazing bars in a width (as viewed at right angles to the glass) sufficient in our opinion properly to support glass or sealed glass units and such width may differ from the width of glazing bars contained in the existing or original window. Narrow Glazing Bars are bonded onto the glass and do not pass through the glass. We will determine the size and format of all sash rails.

9.14 When we supply and/or install sliding sashes, we shall not be obliged to fully counter-balance them. Where we provide new timber or new glass to be fitted into an existing sliding sash window, it may be reasonably necessary for us to adjust the counter weights which may then restrict or impede movement of the sash. However we cannot guarantee that the sash will have full travel.

9.15 We will not be responsible for moving fixtures and fittings including, but not limited to, radiators, pipes, telephone cables, electrical wiring, alarm systems, satellite dishes, aerials, blinds and curtains.

10 10 YEAR PARTS GUARANTEE

10.1 We guarantee the Timber Parts against materials defects caused by faulty workmanship or materials for 10 years from the date of delivery (“the Guarantee”) provided that, if we have not received payment in cleared funds in full, any Guarantee that we give will be void. Double glazed units are guaranteed against defects caused by faulty workmanship or materials for two years from the date of delivery.

10.2 The Guarantee covers the cost of a faulty part supplied by us as part of a window complete with subframe (or box-frame).

10.3 The Guarantee does not cover:

10.3.1 Any labour charges or travelling expenses necessary to replace the faulty part, with the exception of the first year from the date of installation.

10.3.2 Natural movement or colour changes in timber, natural emissions of wood resins, wet rot and/or dry rot;

10.3.3 Tarnishing of brass or other metal finishes;

10.3.4 Any draught-proofing, painting, coating or sealant;

10.3.5 Condensation, unless it occurs within a double glazed unit within the specified time of 2 years from the date of delivery.

10.3.6 Any natural and/or painted or varnish finishes

10.4 The Guarantee shall not be binding upon us unless:

10.4.1 You notify us in writing within 6 weeks of the defect(s) occurring;

10.4.2 We have received all monies as set out in the Order Schedule;

10.4.3 Our surveyors, workmen, agents or servants are allowed access to the delivery premises at all reasonable times;

10.4.4 You regularly clean and maintain the Goods where reasonably necessary;

10.4.5 You make applications of preservative paint and/or filler to all timber at periods of sufficient regularity to ensure good maintenance and weather protection;

10.4.6 You do not permit any person or persons other than those approved or authorised by us to replace any part of the Goods, to attempt to repair, maintain or adjust the Goods;

10.4.7 You do not use any part of the Goods or replacement part that has not been supplied by us or on our behalf.

10.5 We shall not be liable for any costs incurred, loss or damage or consequential damage (including but not limited to loss of profits and loss of earnings) under any circumstance, including the following:

10.5.1 Where any part or component is no longer available or is out of manufacture;

10.5.2 For the loss of use of any of the Goods while works of repair or replacement are being carried out pursuant to the Guarantee;

10.5.3 By reason of the non-attendance of our employees or agents at your premises caused by circumstances outside our control;

10.5.4 By reason of your or your agent’s attendance at your premises while works of repair or replacement are being carried out pursuant to the Guarantee.

10.6 The Guarantee is intended as an extension to your statutory rights as a consumer. Notwithstanding your statutory rights as a consumer, in the event that the Guarantee is void in accordance with the provisions of this clause 10 you agree that you will pay us for the costs of any subsequent call outs and work carried out by us which would otherwise be covered by the Guarantee.

11 LIABILITY – THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE

11.1 This clause sets out our entire financial liability to you (including any liability to you for acts or omissions of our employees, agents, consultants and subcontractors in respect of

11.1.1 Any breach of these terms and conditions,

11.1.2 Any use made by you of the goods and services supplied under this Contract, and

11.1.3 Any representations, statements, tortuous acts or omissions (including negligence) arising under or in connection with this Contract.

11.2 This does not mean that we may not be liable to you for the breach of any term implied into the Contract by statute and you are advised to seek legal advice to assist you in determining whether we may be liable to you. You may obtain free or inexpensive legal advice from a number of sources, including a solicitor or a Citizens Advice Bureau.

11.3 If we are liable to you for any breach of the Contract or pursuant to the Guarantee our negligence or otherwise, the limit of our liability shall be £1,000,000.

11.4 Nothing in this Contract limits or excludes our liability:

11.4.1 For death or personal injury resulting from negligence; or

11.4.2 For any damage or liability incurred by you as a result of our fraud or fraudulent misrepresentation; or

11.4.3 For any liability incurred by you as a result of any breach by us of the clause as to title or the warranty as to quiet possession implied by section 2 of the Supply of Goods and Services Act 1982.

11.5 We do not accept any liability or responsibility for any defects in the Goods which arise from any defects in any drawings, data, formulae, specifications and methods supplied to us by you and upon which we rely in the production, manufacture, adaptation or installation of the Goods.

12 UNFORESEEN CIRCUMSTANCES

12.1 We shall not be responsible for any failure to manufacture or deliver the Goods that is caused by circumstances outside our control. These may include (but shall not be limited to), Acts of God, war, riot, explosion, abnormal weather conditions, fire, flood, lock-outs, local, national or international government action or regulations (U.K. or otherwise), delay by suppliers, accidents and loss of manufacturing facilities.

12.2 If we are prevented from manufacturing or delivering the Goods as a result of any circumstances beyond our control we will let you know as soon as practicable after discovering it.

12.3 If the circumstances preventing manufacture or delivery are still continuing 6 months after we have notified you pursuant to condition 12.2, then either party shall be entitled to cancel the Contract by giving written notice to the other.

12.4 If the Contract is cancelled under condition 12.3 we shall refund to you all monies that you have paid us under the Contract but we will not be liable to you for any further loss or damage caused by the failure to manufacture or deliver the Goods.

12.5 If during our measuring and inspection prior to delivery, we ascertain that unforeseen extra work and/or extra materials which are not included in the Order Schedule are reasonably necessary in order to complete the Contract, then we have 28 days after becoming aware of the need to inform you of the cost of these extras. If you decline to accept these extra costs then either party shall be entitled to cancel the Contract by giving written notice to the other.

13 DOCUMENTATION

13.1 Preliminary designs, drawings, and proposals supplied by us to you whether before or after the making of the Contract are for your general information and guidance only and nothing in such literature or documents shall constitute a representation or promise by us to you and may be subject to change. All final measurements are subject to the Second Survey.

14 NOTICES

14.1 Any notice to be served by either us or you on the other shall be in writing and sent to the last known;

14.2 Address of the recipient or to such other address as the recipient may designate by notice given in accordance with the provisions of this condition. Any such notice may be delivered personally or by first-class pre-paid letter, or facsimile transmission, and shall be deemed to have been effectively served if by hand when delivered, if by first-class post 48 hours after posting and if by facsimile when received.

15 MEDIATION

15.1 If any dispute arises in connection with this Contract, representatives of the parties with authority to settle the dispute will, within 30 days of a written request from one party to the other, meet in a good faith effort to resolve the dispute.

15.2 If the dispute is not resolved at the meeting, the parties will attempt to settle it by mediation in accordance with the Centre for Effective Dispute Resolution (

Unless otherwise agreed between the parties, the mediator will be nominated by CEDR. To initiate the mediation a party must give notice in writing (ADR Notice) to the other party to the dispute requesting mediation. A copy of the request should be sent to CEDR Solve. The mediation will start not later than 30 days after the date of the ADR Notice.

15.3 No party may commence any court proceedings or arbitration in relation to any dispute arising out of this agreement until it has attempted to settle the dispute by mediation and either the mediation has terminated or the other party has failed to participate in the mediation, provided that the right to issue proceedings is not prejudiced by a delay.

16 PROPER LAW AND JURISDICTION

16.1 The Contract is governed by English law (including the law of conflicts) and all disputes arising in connection with the Contract shall be subject to the jurisdiction of the English courts.

17 PUBLICITY

17.1 We reserve the right to take photographs and/or drawings of your property both before and after the delivery of the Goods and to use your name and address as references for our work including marketing to your neighbours.

18 HEADINGS AND INTERPRETATION

18.1 The headings in these Terms and Conditions are for convenience only and shall have no effect on the interpretation of them.

18.2 If more than one person enters into the Contract your contractual obligations are “joint and several” which means that you both promise to perform the Terms of the Contract and you can both (individually or together) be held responsible for the performance of the Contract.

18.3 Words importing the singular number include the plural number and vice versa if the context so requires, both within the definitions and the Terms and Conditions above.

GWC Terms and Conditions 13th February 2009