True Windows

Terms and Conditions

 

Standard Terms and Conditions of True Windows (TWD Windows Ltd)

Company Number - 476710

The following are the standard terms and conditions for the supply and installation of goods by TWD Windows Limited.

 

1. DEFINITIONS

 

Customer                                 The customer and its representatives

 

Goods                                      Window(s), door(s), sliding system(s) and/or any other item to be supplied by TWD Windows Limited to the Customer

 

Site                                          Location where the Goods ordered by the Customer are to be supplied and installed

 

TWD                                         TWD Windows Limited, its representatives, agents and assigns

 

2. PLACING AN ORDER

2.1 The Customer is required to pay a booking deposit, in an amount to be specified by TWD, when placing an order for the supply and installation of Goods by TWD. Non-payment of the booking deposit will result in non-acceptance of the order by TWD.

2.2 On receipt of the order and booking deposit a representative of TWD may, if TWD believes it necessary, inspect the Site and measure the workspace in order to ensure that the correct Goods will be supplied for installation.

2.3 Once TWD has approved the Customer’s order a purchase order shall be issued containing full details of the Goods to be supplied and installed.

2.4 The order will be limited to the Goods identified in the purchase order.  TWD accept no responsibility for the supply and/or installation of any Goods not included in the purchase order.

2.5 The client must sign the purchase order and return it to TWD together with a construction deposit in an amount to be specified by TWD. Non-payment of the construction deposit will result in TWD not commencing with the supply and installation of the Goods.

2.6 Any alterations or additions to the purchase order subsequent to signature will be treated as a new and separate order and it will be at TWD’s discretion to accept this new order.

 

3. TIMEFRAME FOR SUPPLY AND INSTALLATION

3.1 On receipt of the purchase order and the construction deposit TWD will indicate within a period of seven days a timeframe in which it will supply and install the Goods identified in the purchase order. Although TWD endeavors to maintain standardised timeframes in relation to different categories of goods this is not always possible due to the differing factors involved in each order.

3.2 The estimated timeframe should be considered to constitute guidance only. Should the actual time spent on the supply and installation of the Goods exceed the estimated timeframe this delay shall not constitute a breach of contract nor shall the Customer be entitled to repudiate or rescind the contract in whole or in part or claim compensation for such delay or for any consequential loss or damage resulting therefrom.

 

4. SUPPLY OF GOODS

4.1 TWD shall make all arrangements necessary for the supply of the Goods to the Site or to an alternative address where specified. The Customer shall make all arrangements necessary to allow supply of the Goods to the Site or to the alternative address.

4.2 It is recommended that the Customer have a representative present at the Site or the alternative address at the time of supply in order to confirm delivery of the Goods specified in the purchase order and that the Goods are in good condition. Where no representative is present at the time of supply it will be deemed by TWD that the Goods have been supplied in proper order.

 

5. INSTALLATION OF GOODS

5.1 The Customer shall make all arrangements necessary for the installation of the Goods, which shall include ensuring the opening(s) where the Goods are to be installed is/are free from any obstruction and are suitable for installation.

5.2 Where the Customer fails to make necessary arrangements for the installation of the Goods and this results in a delay in installation, TWD reserves the right to charge an extra amount for the additional time taken in installation.

5.3 TWD accepts no responsibility for sealing the opening(s) where the Goods are to be installed or any part of the building in which installation is to take place.

5.4 Where a Customer orders by supplying dimensions of Units or Opes, The Customer is responsible for the building being correct as per the information supplied to TWD when the material is delivered. Where the building is not correct, TWD reserves the right to make additional charges to the Customer for any delay that is caused to the installation of the order at a rate of €150 per hour and overnight charges where applicable.

 

6. INSPECTION

6.1 Upon completion of installation a representative of TWD, in conjunction with the Customer or a representative of the Customer, will inspect the installed Goods for faults.

6.2 Any faults discovered which relate to the Goods and/or their installation shall be listed in a “snag list” which shall be signed by both the representative of TWD and the Customer or representative of the Customer. TWD agrees to remedy each and every fault contained in the snag list. TWD reserves the right to remedy each fault in the manner it believes will prove most effective and which may include repair, replacement or removal of the item from the Site.

6.3 Any item supplied and installed by TWD which is not contained in the snag list shall be deemed to have been accepted by the Customer and must be paid for in full as per the payment terms.  TWD may decide (if it chooses) not to commence work on items contained in the ‘snag list’ until after it has been paid in full for all of the accepted items.

6.4 The Customer agrees that TWD is entitled to have full access to the Site until full and complete payment is received. This period of time will include any time required to remedy the faults contained in the snag list if one exists.

 

7. CANCELLATIONS AND AMENDMENTS

7.1 Cancellation of the order will only be accepted after written approval from TWD. TWD reserves the right to refuse cancellation of an order if it has been partly or wholly made or, alternatively, to claim from the Customer the cost of the work already completed.

7.2 Amendments to orders must be agreed in writing subject to the conditions governing cancellations. Any alterations in price resulting from a change in order will be advised at the time of acceptance.

 

 

8. TERMS OF PAYMENT

8.1 Payments will be made in accordance to one of the following schedules;

8.1.1         40% Deposit to be paid prior to commencement of manufacture.

                50% paid on Delivery of goods to site, prior to Installation.

                                The balance of the value of the order will be paid within 7 days of the installation works being signed off in accordance with Pt 6 above.

Ownership and title to the Goods shall not pass to the Customer and shall remain with TWD until such time as the invoice has been paid in full. Failure to pay the invoice in full will entitle TWD to take such actions as it may deem necessary, including removal of the Goods from the Site.

 

8.2 Payment options include cheque, draft or electronic funds transfer.

8.3 In the event of the Customer failing to provide payment within 15 days of invoicing, TWD shall be entitled to charge interest at the rate as provided for under the Prompt Payment of Accounts Act 1997, as amended, as if the Customer were a purchaser for the purposes of that act.

8.4 In addition to 8.3, the Customer shall be liable for all expenses incurred by TWD in the collection of debt outstanding after 15 days of invoicing.  This includes all Legal, Telephone, Fuel and Personnel expenses incurred in the collection of outstanding debt.

 

9. WARRANTIES

9.1 TWD warrants that the Goods, including every major component part thereof, are free from defects in manufacturing, materials and workmanship at the time of supply.

9.2 Where any Goods are shown to the reasonable satisfaction of TWD to be defective by reason of faulty manufacturing, materials or workmanship within a period of 5 years from the date of original purchase TWD shall, at its option, (a) repair the defective Goods, (b) replace the defective Goods, or (c) refund the purchase price.

9.3 This remedial action will be undertaken by TWD provided that:

(i) the original contract for the goods was paid for in full.

(ii) the Customer notifies TWD in writing within 14 days of becoming aware of any such defect;

(iii) the Goods have been properly and correctly stored, used and/or fitted; and

(iv) TWD shall not be liable for any claims for economic loss, loss of production, loss of profit, loss of opportunity, loss of bargain or other indirect or consequential injury loss or damage made by the Customer against TWD whether in contract or in tort arising out of or in connection with any such act, omission, neglect or default referred to.

9.4 There are further terms applicable to the application of this 5 year warranty and it shall be the responsibility of the Customer to enquire from TWD as to the details of these other terms.

9.5 Nothing in this provision shall limit or exclude the liability of TWD in respect of death or personal injury resulting from the negligence of TWD, its employees, representatives, agents and assigns.

 

 

10. DEFECT OR DAMAGE TO THE GOODS CAUSED BY THE CUSTOMER

The warranties given in these standard terms and conditions by TWD shall not apply to any defect, fault or malfunction of the Goods where it is a direct or indirect result of:

(i) lack of proper maintenance or care of the Goods;

(ii) incorrect or unreasonable use of the Goods;

(iii) failure by the Customer to carry out or to observe instructions or directions given by TWD;

(iv) unauthorised modifications or repairs attempted or carried out by the Customer or a respresentative of the Customer

(v) faulty or defective walls or structures where the Goods are installed.

(vi) Excessive Moisture being retained in the building following the installation.

 

11. ILLUSTRATIONS AND SPECIFICATIONS

Unless otherwise expressly agreed in writing, all illustrations and specifications shown in TWD’s catalogues and other sales literature are approximate. TWD gives no guarantee that the Goods will be identical with the illustrations and specifications contained in such catalogues.

 

12. ASSIGNMENT

TWD shall be entitled without the prior approval of the Customer to assign, subcontract or sublet the contract or any part thereof, but the Customer shall not be so entitled without the prior approval of TWD.

 

13. SEVERABILITY

If at any time, any one or more of the provisions in these standard terms and conditions (or any paragraph or any part thereof) is held to be or becomes void or otherwise unenforceable for any reason under any applicable law, the same shall be deemed to be omitted from these standard terms and conditions and the validity and or enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

 

14. NON-WAIVER

The rights and remedies of TWD shall not be diminished, waived or extinguished by the granting of any indulgence, forbearance or extension of time by TWD nor by any failure of or delay by TWD in asserting any such rights or remedies.

 

15. FORCE MAJEURE

If TWD is prevented, or hindered from performing the contract or any part thereof by any circumstances beyond its reasonable control including, but without limiting the generality of the foregoing, strikes, lockouts or other industrial action, inability to obtain materials or labour, power or machinery breakdown or failure, fire or other natural disasters, further performance shall be suspended for so long as TWD is so prevented or hindered.

 

16. TERMINATION

Without prejudice to any other remedies, either party may terminate this agreement with immediate effect if the other party (a) is in material breach of these standard terms and conditions and, if the breach is remediable, has failed to remedy it within 30 days of being put on notice to do so; (b) becomes bankrupt or insolvent or has a receiver or liquidator appointed or is subject of a petition to wind it up, or is struck off the register of companies; or (c) has committed any fraudulent act or criminal activity.

 

17. GOVERNING LAW

These standard terms and conditions shall be governed by and construed in accordance with the Laws of Ireland and the parties hereto expressly and irrevocably submit to the exclusive jurisdiction of the Irish Courts.

 

18. ENTIRE AGREEMENT

These standard terms and conditions constitute the entire Agreement between the parties, supersede any previous agreement or understanding and may not be varied except in writing between the parties.