Terms and Conditions
Our Terms & Conditions
KJM Windows and Conservatories in Andover Hampshire. The small print
1.1 In these conditions: Buyer means the person who accepts a quotation from the Seller for the sale and installation of the Goods. Goods means the goods (including any instalment of the Goods or any parts for them) specified on the Survey Form. Seller means the KJM. Group Ltd. Conditions means the standard terms and conditions set out in this document, and (unless context otherwise requires) includes any special terms agreed in writing between the Buyer and the Seller. Contract means the contract for the purchase, sale and Installation of the Goods. Installation means the fitting of the Goods by the Seller in accordance with the Survey Form. Survey Form means the Seller's survey form to which these Conditions are annexed. Writing includes email, telex, cable, facsimile transmission and comparable means of communication.
1.2 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
1.3 The headings in these Conditions are for convenience only and shall not affect their interpretation.
2. Binding Contract
2.1 These Conditions and the annexed Survey Form constitute a binding Contract between the parties and cannot be changed by either party except with the other’s agreement in writing.
2.2 To avoid any misunderstanding about each party’s obligations or anything which may have persuaded the Buyer to enter into this Contract, the Buyer should ensure that they have read these Conditions and Survey Form carefully and that the Conditions and Survey Form contain everything the Buyer requires and does not include anything the Buyer is not prepared to agree to. In particular, if the Buyer has relied upon any oral statement which may have induced them to enter into the Contract IT IS VERY IMPORTANT that it is set out in these Conditions in Writing, because the Seller will assume that these Conditions and the Survey Form constitute the entire Contract between the parties.
2.3 Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller (unless material) shall be subject to correction without any liability on the part of the Seller.
2.4 The quantity and description of any specification for the Goods shall be those set out on the annexed Survey Form. Any images or samples of the Goods are for illustrative purposes only and the Goods although will correspond broadly to sample may vary slightly from those images or samples eg a very slight variation colour, texture or finishing which do not affect the overall character or condition or representation of the Goods.
2.5 The Seller reserves the right to make any reasonable changes in the specification of the Goods which are required to conform with any applicable safety or other statutory requirements, or, where the Goods are to be supplied to the Seller’s specification, which do not materially affect their quality and performance.
2.6 These Conditions have been prepared on the basis of information supplied to the Seller by the Buyer relating to the property. They will not be binding upon the Seller until such time as the Seller has had an opportunity to carry out a technical survey at the property to ensure that the property complies with the description given by the Buyer.
2.7 If after the technical survey any work is necessary because of alterations in design or otherwise to complete the work quoted for and this causes an increase in costs, the Seller will send the Buyer, together with a copy of the technical survey report, a further quotation giving details of the extra costs. The Seller will (at the Buyer’s request) discuss and explain the technical survey report and the further quotation and will in any case only carry out the whole job (including the further work) once the Buyer’s written acceptance of the further quotation and these Conditions has been received.
3. Price of the Goods
3.1 The price of the Goods will be as set out on the Survey Form or any increase set out in clause 2.7.
4. Terms of Payment
4.1 Subject to any special terms agreed in Writing between the Buyer and the Seller, the Seller shall be entitled to invoice the Buyer for the price of the Goods as follows:
4.1.1 Windows and Doors: 10% deposit when returning the signed Conditions and the balance on the completion of the Installation.
4.1.2 Conservatories: 10% deposit when returning the signed Conditions; 40% when the base work commences, 40% when assembly commences; 10% on completion of the Installation.
4.2 The Buyer shall pay the price of the Goods (without any deduction) immediately upon demand notwithstanding that ownership of the Goods has not passed to the Buyer. It is a fundamental term of this Contract that the Buyer shall pay the sums due on time. Receipts for payment will only be issued upon request.
4.3 If the Buyer fails to make any payment on the due date or within 21 days thereafter then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to charge the Buyer interest (both before and after any judgement) on the amount unpaid at the rate of 4% per annum above National Westminster Bank plc’s base rate from time to time, until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest).
5. The Seller’s Responsibility
5.1 While the Seller will make every effort to complete the Installation within a reasonable time, the Seller cannot be held responsible for delays due to weather, delay in being given access or any other circumstances beyond the Seller’s control. In such cases the Seller will complete the Installation as soon as reasonably possible. Installation may take place in advance of the quoted or estimated date with the agreement of the Buyer which will not be unreasonably withheld.
5.2 Subject to the Buyer paying the full price for the Goods, the Seller will guarantee the Goods in the manner set out in Clause 9. The guarantee is in addition to the Buyer’s statutory rights which are unaffected by the terms of the guarantee.
5.3 The Seller is responsible for any loss or damage suffered by the Buyer which is as a direct and foreseeable result of the Seller’s breach of these Conditions or the Seller’s negligence. The Seller is not responsible for any loss or damage which is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of the Seller’s breach or if they were contemplated by the Seller and Buyer at the time the Contract was entered into.
5.4 The Seller does not exclude or limit its liability for:
5.4.1 death or personal injury caused by its negligence or the negligence of its employees, agents or subcontractors;
5.4.2 fraud or fraudulent misrepresentation;
5.4.3 breach of the terms implied by section 17 of the Consumer Rights Act 2015 (title and quiet possession);
5.4.4 breach of the terms implied by sections 9,10 and 11, 13 and 15 of the Consumer Rights Act 2015 (satisfactory quality, fitness for purpose, description, samples and installation conformity); and
5.4.5 defective products under the Consumer Protection Act 1987.
6. The Buyer’s Responsibility
6.1 The Buyer will permit the Seller during normal working hours first to conduct a technical survey and then to undertake the Installation according to the programme set out in the Survey Form.
6.2 The Buyer will ensure at the time of the Installation that all pelmets, rails, blinds, furnishings, radiators and so on are removed so that the Seller can carry out the Installation. If the Seller agrees to carry out any of these works (but is not obliged to), the parties will agree a price and the Buyer shall pay the costs of the works to the Seller immediately.
6.3 The Buyer will obtain all permissions and consent (including if necessary Planning Permission) from Landlords, Local Authorities, and so on, which is required before the work can be carried out. The Seller shall be under no obligation to check that these are done.
6.4 The Buyer will provide at no cost to the Seller within 10 metres of the Installation an electricity supply of 220/240V with a three pin point.
6.5 The Buyer will re-decorate and in particular carry out the finishing coats of paint work or stain to any timber the Seller has primed.
6.6 Any claim by the Buyer (other than one under the guarantee) which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall be notified to the Seller within a reasonable time after Installation or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure.
6.7 If the Seller is in breach of this Contract the Buyer must take all reasonable steps to minimise any loss which arises from such breach.
7. Additional Information
7.1 The Seller does not undertake structural or other types of building surveys or ground condition surveys, and will not therefore be in breach of the terms of these Conditions if the work cannot be commenced or completed for any reason that the Seller could not be reasonably expected to know about without carrying out additional work to the ground or the existing structure. The Seller will not be responsible for any damage caused through existing structural or other defects to the Buyer’s property or the ground upon which it stands.
7.2 The glass supplied by the Seller is of standard commercial quality; optical phenomena or minor cosmetic blemishes may occasionally occur in glass due to the manufacturing process.
7.3 The Seller does not undertake to provide matching ceramic or other tiles, or specialised finishes (e.g. pebble dash), or to avoid damage to wallpaper or paint work immediately surrounding any window or door installed.
7.4 The Seller does not undertake to remove intact any panes of glass or frames the Buyer may wish to keep.
7.5 The Seller’s products do not in all circumstances reduce or eliminate condensation, as this depends on prevailing conditions in and around the building where the product is installed over which the Seller has no control.
7.6 If the Buyer does not complete the finishing coats of paint work or stain within a reasonable time, and re-decorate and maintain the property in the future, damage will result to timber frames, beads and puttys and the double glazing units, and the Seller takes no responsibility for any loss or damage resulting.
7.7 Additionally, with certain products special types of maintenance may be required. The Seller will provide the Buyer with the necessary instructions for this and takes no responsibility for damage because the Buyer did not carry out maintenance work as specified in those instructions.
7.8 If the Buyer unreasonably fails to allow the Seller to complete the Installation or fails to give the Seller adequate access for the purposes of Installation (otherwise than by reason of the Seller’s fault) then the Seller may elect to end the contract pursuant to clause 12 and may dispose of the Goods at the best price readily obtainable and then charge the Buyer the Seller’s net losses (including any loss of profit and reasonable storage charges).
7.9 Asbestos removal is not included in the cost of any quotation, unless specifically referred to.
8. Risk and Property
8.1 Risk of damage to or loss of the Goods shall pass to the Buyer on Installation unless the Goods have been delivered but not installed due to any default of the Buyer in which case, risk will pass on delivery.
8.2 Notwithstanding Installation and the passing of risk in the Goods, or any other provision of these Conditions, ownership of the Goods shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the price of the Goods and all other Goods agreed to be sold by the Seller to the Buyer for which payment is due.
8.3 Until such time as the ownership of the Goods passes to the Buyer, the Buyer shall hold the Goods as the Seller's fiduciary agent and bailee and shall keep the Goods properly stored, protected and insured and identified as the Seller's property. Until that time the Buyer shall be entitled to use the Goods, but shall not be entitled to remove, damage or dispose of them.
8.4 Until such time as the ownership of the Goods passes to the Buyer, the Buyer shall permit the Seller to enter upon any premises of the Buyer or any third party (and the Buyer shall procure any necessary permission) where the Goods are installed to inspect or remove the Goods.
8.5 The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of the Seller, but if the Buyer does so, all monies owing by the Buyer to the Seller shall (without prejudice to any other right or remedy of the Seller) forthwith become due and payable.
9.1 In addition to the Buyer’s statutory rights which are unaffected by this clause and subject to the conditions set out below and to receipt of full payment of the Goods by the Buyer, the Seller guarantees:
9.1.1 that the Goods will conform with their specification at the time of Installation and will be fit for the purpose for which they were intended in normal use, or any particular use notified to the Seller by the Buyer and accepted by the Seller in Writing prior to the date of the Contract or any representation made in Writing by the Seller to the Buyer for a period of:
126.96.36.199 Veka/Profile 22 PVC Products – Composite doors - 10 years for frames and seals of glass sealed units
188.8.131.52 Veka/Profile 22 PVC Products – Composite Doors 10 years for hardware mechanical failure
184.108.40.206 Other specialist products such as blinds, timber products, electrical items, Aluminium, Beaumont and Residence 9 products - manufacturer’s warranty only (the above periods starting from the date of Installation)
220.127.116.11 One year on the surface finish of coloured hardware (handles, letter-boxes, knockers)
9.1.2 The Seller cannot accept liability in respect of any defect in the Goods arising from any drawing, design or specification supplied to the Seller by the Buyer.
9.2 The Seller shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal conditions, failure to follow the Seller's instructions (whether oral or in Writing), or misuse, removal, addition, alteration or repair of the Goods or any part thereof without the Seller's written approval and such failure to follow the Seller's instructions (whether oral or in Writing), or wilful damage, gross negligence, misuse, removal, addition, alteration or repair of the Goods or any part thereof will render the guarantee null and void automatically.
9.3 The Seller shall be under no liability under the above guarantee if the total price for the Goods has not been paid by the due date for payment.
9.4 All work reasonably required in order for the Seller to comply with the terms of this guarantee will be carried out by the Seller or its nominated agents during normal business hours. The Seller will not be liable for any costs incurred by the Buyer without the Seller’s prior written authority.
9.5 All claims under the guarantee shall be notified to the Seller within 2 months of when the defect was or should reasonably have been detected.
9.6 Subject to clause 9.2, this guarantee is personal to the Buyer but may be transferred with the sale of the property where the Goods are installed to a new buyer on condition that the new buyer provide the Seller with satisfactory written evidence of the completion of the sale.
9.7 In the event the Seller should cease to trade, the Buyer will be covered by GGFi or Network Veka who offer a secure guarantee which comes into force should the Seller fail to honour any legitimate claims against its work or materials during the guarantee period of 10 years.
10. Trade Buyers
10.1 Subject as expressly provided in these Conditions, and except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
10.2 The Seller accepts no liability for loss of profit, loss of business, business interruption, loss of business opportunity or consequential loss howsoever occurring where the Goods are not sold to a person dealing as a consumer.
11. Insolvency of Buyer 11.1 This clause applies if:
11.1.1 The Buyer makes any voluntary arrangement with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or
11.1.2 an encumbrance takes possession, or a receiver is appointed, of any of the property or assets of the Buyer; or
11.1.3 the Buyer ceases or threatens to cease, to carry on business; or
11.1.4 the Seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly.
11.2 If this clause applies, then without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to cancel the Contract or suspend any further work under the Contract without any liability to the Buyer and, if Installation has taken place but the Goods are not paid for, the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
12.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
12.1.1 you do not make any payment to us or we are unable to collect payment from you when it is due and you still do not make payment within 21 days of us reminding you that payment is due;
12.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Goods or to install the Goods;
12.1.3 you do not, within a reasonable time, allow us to deliver the products to you or install them or provide unrestricted access or continue to provide unrestricted access to your property to enable us provide the services; or
12.1.4 your behaviour or that of your agents is such that it makes it difficult for us to continue to supply the Goods or install them; or
12.1.5 if you breach any of the fundamental terms or conditions of this contract or repudiate this contract or show your intention to repudiate this contract.
12.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 12.1 we will refund any money you have paid in advance for Goods we have not provided but we may deduct or charge you [£[ ] as compensation for the net costs we will incur as a result of your breaking the contract OR reasonable compensation for the net costs we will incur as a result of your breaking the contract OR a percentage of the price calculated as per [TABLE] depending on the date on which we end the contract, as compensation for the net costs we will incur as a result of your breaking the contract.
13.1 If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract that will not mean that you do not have to do those things or prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the services, we can still require you to make the payment at a later date
14.1 Any notice required or permitted to be given by either party to the other under these Conditions shall be in Writing addressed to the other party at their registered office, principal place of business, home or such other address as may have been notified to the other party.
14.2 The Contract is between the Seller and the Buyer only. No other person shall have any rights to enforce any of its terms.
14.2 No waiver by the Seller of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.
14.3 Each of the paragraphs of these Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.4 The Contract shall be governed by the laws of England.