In these terms and conditions ‘the Company’ shall mean Pure Shutters Ltd and ‘the customer’ shall mean the person, firm or company placing an order for goods or services.
1. The terms and conditions set out below shall apply without variation to every contract entered into by the Company for the sale of goods unless the Company thereto expressly agrees a variation to them in writing. These terms and conditions shall apply notwithstanding any inconsistency between them and the terms and conditions of any form of contract sent by the customer to the company.
2. The Company will make every endeavour to adhere to any delivery date specified in the contract but does not guarantee that any goods will be delivered by such date and the Company shall not be liable for any loss or damage of any kind and howsoever arising from any failure on the part of the Company to deliver on such stated date.
3. (a) The price of the goods unless otherwise agreed is as stated in the acknowledgement of the order.
(b) The customer shall pay to the Company reasonable storage charges for any period subsequent to the date of the delivery during which the customer fails or neglects for whatever reason to take delivery of the goods.
(c) The Customer agrees to pay to the Company a sum equivalent to 50% of the value of the order (the deposit) upon placing such an order. The balance due on all goods ordered is due on the day of delivery of such goods and by agreeing to these terms you undertake to pay the Company in full on completion of works. The shutters will remain the full property of the Company until paid in full.
(d) The Company reserves the legal right to charge interest at the rate of 5% per month where payment is not made on the day of installation and therefore deemed as late.
(e) In addition to the price for the goods the customer shall also pay the Company in respect thereof Value Added Tax at the rate appropriate at the date of the invoice which is set out clearly on the said invoice.
4. (a) Without prejudice to the subsequent provisions of this Clause no warranty conditions or representation express or implied as to description condition quality or suitability of any goods hereby sold (whether collateral to the contract or otherwise) is given by the Company or deemed to be or have been given or implied and any statutory or other warranty condition or representation whether express or implied and whether collateral to the contract or otherwise is hereby excluded and extinguished.
(b) The Company accept no liability whatsoever for any loss or damage whether consequential or direct and whether suffered by or occasioned to the customer the employees or agents of any customer or third parties which may arise after delivery of the goods.
5. WARRANTIES FOR THE GOODS AND SERVICES
Subject to conditions 5.3 and 5.4:
5.1 We will supply the Services under this Contract with reasonable skill and care and in line with good working practice. The work carried out will be in accordance with the specifications set out in the Order Confirmation Form and Shutter Design Sketch relating to your Order and which we have provided to you for those Services.
5.2 If the Services supplied by us are not in accordance with condition 5.1, above, you should notify us in writing within a reasonable time from their supply or of becoming aware of the defects which are not apparent to you on a reasonable inspection of the Services. We will arrange with you a time when we can visit your home to examine the supplied Services and, if the Services are not in compliance with condition 5.1, we will either remedy the defect in question or re-supply the defective Services as and if deemed necessary by the Company.
5.3 Whilst every attempt will be made by us to ensure that the Goods supplied match in every respect any samples shown or description given to you, any minor or immaterial variation between sample or description and the Goods delivered shall not entitle you to reject the Goods, nor to withhold or reduce payment of the purchase price, nor claim any compensation for such variation or change.
5.4 Whilst all products supplied by us are tested in accordance with BS EN ISO 105 B02, fading will inevitably occur. However, performance of the product is unimpaired and the warranties provided in this condition 5 shall not apply in relation to fading/discolouration caused by fair wear and tear; and/or where the relevant fault or defect has been caused by your misuse and/or neglect of the Goods; and/or by accidents caused while the Goods are in your possession. Shutters are coated with polymers to protect the timber and resistant to UV rays. However, nothing is completely fade proof.
5.5 Subject to condition 5.4 and to the receipt of payment in full for your order we offer a 36 month warranty on all Goods and Services supplied. The warranty time period starts from the day the goods are fitted. Upon notification of a claim under warranty we will arrange with you to examine the Goods and, if the Goods are defective, we shall either repair or replace the defective Goods free of any charge for labour or materials (always providing that the Goods have not been subject to any misuse or modification). It is possible that Goods replaced under either the warranty or extended Care Plan due to fault may no longer exactly match other Goods in that order due to fading or the manufacturer’s attempt to match colours. Should this be the case the Company does not accept any liability whatsoever to replace non-faulty product solely to ensure colour match.
5.6 In addition to the warranty set out in clause 5.5, we offer a Care Package for all Shutters, which is an extended care plan that covers the period from the first to the fifth anniversary of the installation date where we will, subject to a £75 call out charge, repair or replace the defective Goods free of charge (always providing that the Goods have not been subject to any misuse or modification).
5.7 In order for us to complete any repairs required under either the warranty or Care Package, we will require access to your property at a mutually convenient time. Failure to provide such access will be deemed an obstruction of the contract and our obligations as set out within clause 5 will cease.
6 LIMITATION OF LIABILITY
6.1 We will not be liable to you by way of representation (unless fraudulent), common law duty or under any express or implied term of the contract for: any losses which are not foreseeable by both Parties when the Contract is formed arising in connection with the supply of Goods and related Services or their use by you; any losses which are not caused by any breach by us.
6.2 To install the goods, pneumatic electric drills will be used. We hold no responsibility for cracked or falling plasterwork to walls or ceiling’s due to vibration.
6.3 To install the goods, pneumatic electric drills will be used. We hold no responsibility and no liability shall be accepted where damage is caused to concealed gas/water pipes or cables of any description or water damage from associated leaks.
6.4 We do not undertake structural surveys and no liability shall be accepted where damage is caused by existing structural or other defects of your property. It is your responsibility to ensure that the installation of the Goods does not breach any leasehold, planning regulations or warranties that you may hold.
6.5 In order to install the goods, holes will be made in the fabric of the structure and/or window and door frames. Whilst every effort and care will be taken during this procedure, no liability is taken for any unforeseen damage for holes left when products are subsequently removed.
(a) The Company at its absolute discretion may put right, furnish a replacement or accept return of any goods which under proper usage proves unserviceable owing to defective workmanship therein within the terms of the guarantee provided that the defect is reported to the Company in writing immediately it is discovered by the customer. Where the Company adopts to accept return of the goods the Company will refund the purchase price in full upon the safe receipt of the goods and in good condition at its premises whereupon the customer shall have no further claim against the Company.
(b) The company would strongly recommend that all goods be checked upon receipt and signed for ‘as damaged’ where possibly. We must be notified in writing by 12 noon the day following receipt. All notification of damage within the time limit will be repaired/replaced at the Company’s expense. Outside this time limit however we are unable to accept responsibility for goods damaged.
(c) The seller cannot guarantee precise colour matching against samples. The products are made from a natural material. Minor imperfections not readily apparent at a distance of 1.6M under ordinary light will not be accepted as defects. Colour matching of finishing products (e.g. paints and stains) cannot be guaranteed although every reasonable effort will be made to ensure the accuracy of the finished product.
(d) The seller cannot guarantee the goods against fading especially as a result of exposure to sunlight where some fading will occur. The goods are not guaranteed against extreme damp or variable conditions.
(e) The seller reserves the right to withdraw any products and colours at any time including after accepting an order without prior notice and cannot be held responsible for any consequences caused by the withdrawal of such products.
(f) The seller gives no warranty as to the fitness of the product supplied for any purpose other than that of an internal window dressing. Other installation positions and uses are undertaken at the risk of the buyer.
(g) Tolerance levels of overall panel specifications are plus or minus 3mm, and the product will not be considered defective if falling within the size range. Warp on any component part, vertical or horizontal, shall not exceed 2mm per 300mm and shall not be considered defective if within this tolerance.
(h) It is recommended that panels be ordered within the seller’s normal specification range. For example, panels above 1800mm in height are ordered with a mid rail, and that single panel widths do not exceed 890mm for wood panels and 750mm for MDF, double hung panels shall not exceed 550mm. The maximum panel length shall not exceed 3000mm. The seller may exceed the limitation at the buyer’s request, but in doing so the seller cannot accept responsibility for problems that result.
(i) If the buyer chooses to install against the seller’s recommendation the seller accepts no liability for the installation or the goods and any guarantee or warranty is thereby invalidated.
(j) Where the order is based on measurements supplied by the buyer the seller cannot accept the return of the goods or any claim for compensation by reason only of the measurements given being incorrect.
(k) Where tracking is used the buyer accepts that there is a gap at the bottom of the shutter and the floor or sill due to the Jam Bracket that is used. There is also a small light gap between the top of the panel and the facia plate.
(l) The buyer accepts that the buyers customer’s openings are not perfectly square and level, that shutters are made as ‘square and true’ and may need adjustment to fit the openings.
(m) The buyer accepts that the sellers products are custom made from wood or compounds of wood and may have slight imperfections such as grain, indentations or slight marks from the manufacturing process and that these maybe be filled. This is normal practice with wood products. A flaw or visual fault is not deemed a manufacturing defect if it cannot be seen from 1.6M distance with normal eye sight.
(n) The goods and the parts shall from delivery be at the risk of the customer who shall insure the goods for the period from the date of delivery until the passing of the property in the goods to the customer against any loss or damage thereto or any part thereof.
(o) The property in the goods shall not pass to the customer whether or not it has taken delivery of the goods or any part there of until the customer pays the Company the whole of the sum due to the Company under the contract.
(p) All details contained in the Company’s specifications catalogues brochures photographs descriptive materials and technical literature and advertisements have been carefully prepared to avoid errors but their accuracy is not guaranteed and the Company shall not be liable for any inaccuracies omissions.
7. NOTICE OF THE RIGHT TO CANCEL
(a) The goods are bespoke and made-to-measure to your requirements. As such they fall into the category of tailor-made products within the Consumer Contracts Regulations and therefore you will not be able to cancel your Order once placed (subject to clause 9(b) below).
(b) Notwithstanding clause 9(a) above, Pure Shutters Ltd will accept cancellations of Orders placed provided that notice of cancellation is received within two calendar days starting with the date the Order is placed. Your cancellation must be received by email to firstname.lastname@example.org or by telephone on 0161 611 0024 or 07475 136 359
(c) The notice of cancellation is deemed to be served from the day it is given to us via the email address in clause 9(b) above or on the telephone number in clause 9(b) above.
(v) This Contract is with Pure Shutters Ltd whose registered office is 83 Altrincham Road, Gatley, Cheadle, Greater Manchester SK8 4EG. Registered Company Number 11051061.
These conditions of use are governed by English Law.
Changes to these terms and/or conditions of use
We may want to change these conditions of use in the future and we reserve the right to do so at any time. Any change to these conditions will be effective as soon as it is published on our pages. You should check the conditions every now and again to ensure that you are aware of and are complying with the current version.