ALUMINIUM DOOR & WINDOW SERVICES Ltd.

STANDARD TERMS AND CONDITIONS

  1. ACCEPTANCE AND CONTRACT 1.1 By accepting the quotation or giving the go ahead relating to the services, materials and products intended to be supplied and/or used and detailed, you acknowledge that the terms and conditions herein described have been accepted by you and that you are bound by it. 1.2 The quotation or agreed upon service read with the terms and conditions referred to herein will form a contract between you and ADWS.
  2. PRICE AND PAYMENT 2.1 You are responsible for payment of the total quoted amount referred to as the ” Contract Price”. The Contract Price does not include cost of services and power to site and used by ADWS, replacement glass broken in the repair of a window or door (see 5.6) or building consent fees
  3. PAYMENT 3.1 ADWS will issue GST Invoices for payment either for the full amount or progress
    payments as set out on quotation.
    • 3.2 Payment is due upon date noted on the invoice and interest will be charged cumulatively at 20% per annum calculated daily on unpaid balance from due date until payment is received unless prior arrangement is made with us
    • 3.3 ADWS may delay commencement or suspend works where payment of any amount is overdue by more than 14 days.
    • 3.4 All payments due shall be made without any set off or deduction even if you consider you have a claim or dispute against ADWS.
    • 3.5 You shall be liable for all actual costs incurred by ADWS in collecting or enforcing any payments including full, actual legal costs.
    • 3.6 If you cancel the contract for any reason prior to completion ADWS may retain all payments made, and all payments due for work in progress and materials supplied or ordered on a no return basis shall become immediately due and payable. ADWS shall have no liability or continuing obligation to you for unfinished work.
  4. VARIATIONS.
    • 4.1 ADWS may at its option change the specifications of the materials or work where necessary to correct any minor error or to substitute unavailable parts where such change does not result in a variation of price of more than 5%.
    • 4.2 Please see paragraph 10 in regards to no-show and key collections
  5. WARRANTIES, EXCLUSIONS AND LIABILITY
    • 5.1 ADWS will carry out the work in a thorough and tradesman like manner and will supply and affix all materials in accordance with manufacturers specifications.
    • 5.2 You agree that any appearance or finishing defects will be notified to us within 30 days of the work being finalised or the defect becoming apparent and, in any event, no later than 3 months after completion of all work, and we will inspect and repair or replace the defect.
    • 5.3 Our Warranty cover for other faults or failure due to our workmanship is 1 year and we shall repair defective workmanship for warranty claims made within that period.
    • 5.4 The Warranty for parts, materials and products supplied to us by other suppliers shall be the same as provided by the manufacturer or supplier of the material and products. We shall arrange to replace or repair defective materials or products within the manufacturer warranty period.
    • 5.5 ADWS shall not be responsible for any claim where materials or produts are fitted, serviced or operated incorrectly by another person; or where products are in any way adapted to a use which they are not intended; or where the materials or property have not been maintained.
    • 5.6 We will not be responsible for glass broken during the repair and maintenance of windows, doors or conservatories. Any replacement glass required shall be at your cost. Glass may crack or break due to conditions outside our control or due to weakness or defects we cannot identify prior to commencing work.
    • 5.7 We do not unconditionally guarantee work or repairs undertaken for leak or draught problems. We will analyse leaks or draught problems and to the best of our ability make repair or remedial works. You acknowledge that ADWS does not warrant that, following completion of the work, the property will meet current Building Code requirements in all respects in relation to weather-tightness.
    • 5.8Our liability in any circumstances to any person, business or organization is limited to repair or replacement of the work equal to the contract price, and only for claims made within the warranty period. We will not be liable for any consequential, indirect or special damage or loss.
  6. OWNERSHIP AND INSURANCE
    • 6.1 You are responsible for insuring the property (if necessary) for the duration of the work. You are responsible for risk to all material/products and components that have been delivered to your property from the time they leave the control of ADWS or our supplier.
    • 6.2 The ownership in all materials and products used or intended to be used shall not transfer to you until the total Contract Price is paid in full.
  7. DISPUTES
    • 7.1 If there is a dispute between the parties both will use their best endeavours to resolve the dispute informally. If the dispute cannot be resolved, the dispute shall be referred to arbitration under the Constructions Contracts Regulations 2003. If any dispute is not resolved within 30 days of first being referred to arbitration either party may elect to cancel the remainder of the contract without prejudice to an y undisputed payment due by the client or the outcome of the arbitration.
  8. DELAY OR LOSS OUTSIDE OUR CONTROL
    • 8.1 Neither party is liable for any loss or damage incurred by the other arising from any failure to perform the obligations of such party where failure arises from a shortage of or inability to supply labour, materials and products, failure of subcontractors, strikes, lock-outs, fire, earthquakes, hostilities, government interference or any other cause of force majeure beyond the reasonable control of such party.
  9. PROPERTY REQUIREMENTS & CONSENTS
    • 9.1 You need to ensure that we have safe access to the property and the work site and you authorise ADWS to enter the property and to bring vehicles, equipment and materials or products on to the property for the purpose of this Contract. We will exercise all reasonable skill and care but accept no liability or responsibility for any damage or loss to the access way, or to any other property or services as a result of entry on to the property, unless we have been negligent.
    • 9.2 You warrant that you own the property or have absolute rights to authorise the work. You unreservedly indemnify ADWS against any claim, damages, loss, cost or harm that may be suffered as a consequence of ADWS carrying out the work where you were not so entitled or authorised.
  10. NO SHOW AND COLLECTION OF KEYS
    • 10.1 If an appointment has been made and confirmed ADWS reserves the right to ask a call out fee if client is a no show or ADWS cannot attain entry to the property.  Cancellations must be made at least 24hour before your appointment.
    • 10.2 If keys need to be collected to gain entry to a property and total travel time is longer than 15 minutes ADWS reserves the right to charge an extra call out fee to cover travel time.  Prior arrangement must be made in this case