Please note that these Terms contain legally binding obligations on you. It is therefore important that you read them carefully as they contain exclusions and limitations. By placing an order, you are agreeing to be bound by these Terms.
1. Engagement:
1.1 Westmoreland (Sovereign) Insulations Limited (“Westmoreland”, “we” or “us”) is a company registered in England and Wales with registration number 01487769 and our registered office is at 99 Station Road, Oakham, Rutland, England, LE15 6QT.
1.2 These Terms set out the terms and conditions on which we supply products and/or services to you (“Client” or “you”). You should read them carefully as they tell you who we are, how we will provide products and/or services to you, how the contract may be changed or ended, what to do if there is a problem and other important information. If you have any queries, please contact us to discuss.
1.3 We provide products and/or services to both businesses and individuals known as consumers. Some terms differ depending on whether you are a business customer or a consumer and any such terms will specify to which group they apply.
2. How to Contact Us:
Given the nature of Westmoreland’s business, you will receive a quicker response to queries when contacting us via email. Therefore, if you wish to contact us, please do so by writing to us at info@westmorelandwindows.co.uk. If you wish to contact us by post, you can do so at 99 Station Road, Oakham, Rutland, England, LE15 6QT.
3. Our Contract with You:
Your acceptance of our written quotations via phone or email will establish a contract between you and us.
4. Confidentiality:
4.1 Given the nature of products and/or services being provided, you agree not to make available or divulge to any party without our prior consent, any of the materials, notes, systems or teachings of any products and/or services provided (“Materials”) as this could have an adverse impact on our business and the products and/or services. By placing an order with us, you acknowledge that if you allow any of these Materials to be made available to any party without our consent, we may take legal action against you.
4.2 Breach of this clause 4 will be deemed by us to be a “material breach” allowing us to immediately terminate the contract between you and us in accordance with clause 9.
4.3 This clause 4 survives termination of the contract.
5. Providing Products and/or Services:
5.1 Unless prevented from an event outside of our control, we will provide products and/or services on the dates confirmed to you.
5.2 Products and/or services will be provided using reasonable skill and care.
5.3 If our supply of products and/or services is delayed by an event outside our control, we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for products and/or services paid for but not received.
5.4 If we refuse to deliver any product or service where delivery has previously been agreed, you may have a legal right to end the contract straight away.
5.5 We may need certain information from you to provide products and/or services. If you fail to provide such information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying products and/or services late if the delay is caused by you not providing us with the information we need within a reasonable time of us asking for it.
5.6 We may have to suspend the supply of products and/or services in the event of us experiencing technical problems and we will notify you in writing if this applies.
5.7 If you do not pay us when you are supposed to and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend the supply of products/services and will tell you we are doing so. As well as suspending the supply of products/services, we may charge you interest as set out in clause 6.4.
6. Investment and Payment:
6.1 You must pay to Westmoreland in consideration of the products and/or services:
6.1.1 the Payment Sum (as set out in the Quotation) as one lump sum on the satisfactory installation of work.
6.1.2 if we have agreed that you may pay by instalments, you must pay the Instalment Sum on the Instalment Payment date(s) agreed.
6.2 All payments due to us under the contract must be made in full without any deductions or set off and in cleared funds.
6.3 All remaining sums due and owing to us will immediately become due and payable in full without need for further demand.
6.4 We may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
7. Planning Permission if you are a Consumer or Business:
7.1 You are responsible for obtaining any planning permission, listed building consent or any other consent or permission that may be required to complete the Installation of the Goods in accordance with any application legislation or otherwise.
7.2 You agree to indemnify Westmoreland against any costs, damages, fees and expenses Westmoreland may incur as a result of you being in breach of clause 7.1.
7.3 If requested by You, Westmoreland will assist you in applying for any consents required in accordance with clause 7.1 at the cost of the work carried out.
8. Installation
8.1 Upon accepting the quote and where applicable, Westmoreland shall call you 5-7 days before delivery and installation of the Goods.
8.2 You accept that the date or dates given by Westmoreland is only an estimate and Westmoreland shall not be liable to you for any delay, however caused.
8.3 Westmoreland shall ensure the Installation is carried out by fitters with suitable knowledge and experience and in a reasonably workmanlike manner.
8.4 Westmoreland shall ensure that, subject to the full amount of the Price being paid, Westmoreland shall undertake any Initial Remedial Work within 21 days of the later of:
8.4.1 actual completion; and
8.4.2 notification by you that Initial Remedial Work is required.
9. Your Rights to End the Contract – If You Are a Consumer:
9.1 Your rights on ending the contract with us as a consumer will depend on what you have purchased, whether the product is defective, how we are performing and when you decide to end the contract:
9.1.1 if what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back, see clause 10.10).
9.1.2 if you want to end the contract because of something we have done or have told you we are going to do, see clause 9.2.
9.1.3 if you have just changed your mind, see clause 9.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;
9.1.4 in all other cases (if we are not at fault and there is no right to change your mind), see clause 9.4.
9.2 If you are ending a contract for a reason set out at 9.2.1 to 9.2.5 to below, the contract will end immediately and we will refund you in full for any products or services which have not been provided and you may also be entitled to
compensation. The reasons are:
9.2.1 we have told you about an upcoming change to the product or these Terms which you do not agree to;
9.2.2 we have told you about an error in the price or description of the product or service you have ordered and you do not wish to proceed;
9.2.3 there is a risk that supply of the products and/or services may be significantly delayed because of events outside our control;
9.2.4 we have suspended supply for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 12 months; or
9.2.5 you have a legal right to end the contract because of something we have done wrong.
9.3 For most products and/or services bought online, over the telephone or away from our business premises, you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these Terms.
9.4 Even if we are not at fault and you do not have a right to change your mind, you can still end the contract before it is completed, but you may have to pay us compensation. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately. You may have to pay compensation for the net costs incurred as a result of you ending the contract.
10. Ending the Contract if You Are a Consumer:
10.1 To end the contract with us, please let us know by emailing us at info@westmorelandwindows.co.uk Please provide your name, home address, details of the order and, where available, your phone number and email address.
10.2 We will pay the costs of return:
10.2.1 if the products are faulty or misdescribed;
10.2.2 if you are ending the contract because we have told you of an upcoming change to the product or these Terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong. In all other circumstances you must pay the costs of return.
10.3 We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
10.4 If you are exercising your right to change your mind:
10.4.1 we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the products, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
10.4.2 the maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option. hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
10.4.3 where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
10.5 We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
10.5.1 if the products are goods, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us.
10.5.2 in all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
10.6 We may end the contract for a product at any time by writing to you if:
10.6.1 you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
10.6.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products;
10.6.3 you do not, within a reasonable time, allow us to deliver the products to you or collect them from us;
10.6.4 you do not, within a reasonable time, allow us to supply the services.
10.7 If we end the contract in the situations set out in clause 10.6 above, we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
10.8 We may write to you to let you know that we are going to stop providing certain products or services. We will let you know as soon as reasonably possible and will refund any sums you have paid in advance for products or services which will not be provided.
10.9 If you have any questions or complaints, please contact us. You can write to us at 99 Station Road, Oakham, Rutland, England, LE15 6QT or info@westmorelandwindows.co.uk
10.10 We are under a legal duty to supply products and services that are in conformity with these Terms. See below for a summary of your key legal rights. Nothing in these Terms will affect your legal rights.
11. Summary of your key legal rights:
11.1 This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
11.2 If your product is goods, for example a book, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected life of your product your legal rights entitle you to the following:
11.2.1 up to 30 days: if your item is faulty, then you can get a refund;
11.2.2 up to six months: if your faulty item can't be repaired or replaced, then you're entitled to a full refund, in most cases;
11.2.3 up to six years: if the item can be expected to last up to six years you may be entitled to a repair or replacement, or, if that doesn't work, some of your money back.
11.3 If your product is services, the Consumer Rights Act 2015 says:
11.3.1 you can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it;
11.3.2 if you haven't agreed a price upfront, what you're asked to pay must be reasonable;
11.3.3 if you haven't agreed a time upfront, it must be carried out within a reasonable time.
11.4 If you wish to exercise your legal rights to reject products you must post them back to us. We will pay the costs of postage or collection. Please email or write to us at 99 Station Road, Oakham, Rutland, England, LE15 6QT or
info@westmorelandwindows.co.uk
12. Ending the Contract if You Are a Business:
12.1 If you are contracting with us as a business, you must notify us within 7 days of accepting our quote if you wish to terminate the contract by emailing us at info@westmorelandwindows.co.uk using the subject header “Cancellation Notice Business”.
12.2 We may end the contract at any time on 7 days’ notice to you or immediately if any of the following apply:
12.2.1 you commit a material breach of these Terms and (if such breach is remediable) you fail to remedy that breach within 7 days after receipt of notice in writing to do so;
12.2.2 you take any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;
12.2.3 you suspend, or threatens to suspend, or cease or threaten to cease to carry on all or a substantial part of your business;
12.2.4 your financial position deteriorates to such an extent that in our opinion your capability to adequately fulfil your obligations under these Terms has been placed in jeopardy;
12.2.5 you fail to pay any amount due to us (as the case may be) on the due date for payment.
13. Our Liability to you if You Are a Consumer (Please read this clause carefully):
13.1 Subject to the following provisions Westmoreland’s warrants that:
13.1.1 the goods will correspond with their specification at the time of delivery;
13.1.2 will be free from defects in material and workmanship for a period of 10 years from the date of Installation for the windows, doors and conservatories and 5 years from the date of Installation for glass sealed units that are installed by Westmoreland;
13.1.3 will be Installed in accordance with current FENSA regulations;
13.1.4 the Installation of the Goods will be registered with FENSA.
13.2 The above warranty is given by Westmoreland subject to the following conditions:
13.2.1 Westmoreland shall be under no liability in respect of any defect in the Goods arising from any drawing, design or specification supplied by You;
13.2.2 Westmoreland shall be under no liability in respect of any defect arising from wilful damage, negligence, abnormal working conditions, failure to follow Westmoreland’s instructions (whether oral or in writing), misuse or alteration or repair of the Goods without Westmoreland’s approval;
13.2.3 Westmoreland shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the Price has not been paid in full by the due date for payment.
13.3 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
13.4 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products and/or services including the right to receive products which are: as described and match information we provided to you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products under the Consumer Protection Act 1987.
13.5 If you are a consumer, we only supply products and services for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.6 This clause Error! Reference source not found. shall survive termination of the Contract.
14. Limitation of Liability if You Are a Business:
14.1 The restrictions on liability in this clause 14 only apply if you are a business and apply to every liability arising under or in connection with these Terms including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
14.2 Nothing in these Terms limits any liability which cannot legally be limited, including but not limited to liability for:
14.2.1 death or personal injury caused by negligence;
14.2.2 fraud or fraudulent misrepresentation; and
14.2.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
14.3 Subject to clause 1414.1, our total liability to you shall not exceed the aggregate amount of the charges paid by you to us in the year preceding a claim.
14.4 We shall not be liable to you for any of the following:
14.4.1 loss of profits;
14.4.2 loss of sales or business;
14.4.3 loss of agreements or contracts;
14.4.4 loss of anticipated savings;
14.4.5 loss of use or corruption of software, data or information;
14.4.6 loss of or damage to goodwill; and/or
14.4.7 indirect or consequential loss.
14.5 To the fullest extent permissible by law:
14.5.1 the terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the contract; and
14.5.2 all terms, conditions and warranties implied by custom, general law or statute are excluded from the contract.
14.6 Unless you notify us that you intend to make a claim in respect of an event within the notice period, we shall have no liability for that event. The notice period for an event shall start on the day on you became, or ought reasonably to have become, aware of the event having occurred and shall expire 3 months from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail.
14.7 This clause 14 shall survive termination of the contract.
15. Force Majeure:
If the provision of the products and/or services as contemplated by these Terms are prevented or cancelled because of an act of God, an accident, fire, blackout, flood, pandemic, or any other calamity, or if by reason of strikes, or lockouts, or any other event beyond the control of both parties, the Provider may as its option postpone the delivery of the training from the original schedule.
16. General:
16.1 Changes to any of the social networks by their developers is outside of our control and is not our responsibility.
16.2 All notices or other communications must be made to the addresses specified
in the Order Form or these Terms as the case may be.
16.3 The non-exercise of or delay in exercising any power or right of a party does not operate as a waiver of that power or right, nor does any single exercise of any power or right preclude any other or further exercise of it; or the exercise of any other power or right. A power or right may only be waived in writing, signed by the party to be bound by the waiver.
16.4 We may transfer our rights and obligations under these Terms to another organisation. We will tell you if this happens and we will ensure for our consumer clients that the transfer will not affect your rights under the contract.
16.5 You can only transfer your rights with our prior written consent.
16.6 The contract is between you and us, no other person shall have any rights to enforce any of its terms.
16.7 Any provision in these Terms which is invalid or unenforceable in any jurisdiction is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, and is otherwise capable of being severed to the extent of the invalidity or unenforceability, without affecting the validity or enforceability of that provision in any other jurisdiction.
16.8 These Terms may not be varied except in writing signed by us.
16.9 Should any provision of these Terms be held by a Court to be unlawful, invalid, and unenforceable or in conflict with any rule, statute, ordinance or regulation the validity and enforceability of the remaining provisions will not be affected.
16.10 These Terms constitute the entire agreement between us and you concerning the transaction, and replaces all previous communications, arrangements, representations, understandings, and agreements, whether verbal or written between the parties to this contract or their representatives. No representations or statements of any kind made by either party, that are not expressly stated in this contract, shall be binding on such parties.
Terms & Conditions Policy PDF (size: 47kbs)
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