Terms & Conditions

In these Conditions of Sale, the 'Company' shall mean The Timber Window Company Ltd and the 'Customer' shall mean the person, firm, partnership, or company to whom any quotation is addressed and/or with whom any contract is made.

The 'goods' shall mean the goods, materials or products agreed to be sold and described in the quotation hereof.

The 'Company's Conditions of Sale' shall also mean the Company's Conditions of estimate, quotation or tender.

These Conditions of Sale form part of a contract between the Customer and the Company. These terms and conditions are to prevail unless specifically altered in writing between the Customer and the Company.

The contract between the Customer and the Company is formed by these Conditions of Sale and the Quotation and/or Estimate.

It is the Customer's responsibility to check that the Company has in its Quotation interpreted the Customer's enquiry correctly.

The contract is activated when the deposit amount has been paid by the Customer. By placing an order, you are thereby agreeing to these details and the Company's Conditions of Sale.

Both we (with reasonable grounds) and you the Customer have the right to terminate the contract for any reason. Refunds will be made, less any costs incurred for work already undertaken and/or all time and materials associated.

Unless otherwise stated, any Quotation by the Company is on a fluctuation basis and is subject to adjustment, commensurate with the rise or fall of the cost of materials and/or labour.

Throughout the progress of the works, the Company may render invoices at regular intervals at levels commensurate with any work carried out.

In the absence of payment of the invoice presented on the due date, the Company reserves the right to suspend or cancel further work or deliveries.

For the avoidance of doubt, no property or title in any goods supplied, delivered, fitted, or otherwise provided by the Company to the Customer transfers from the Company to the Customer until payment in full has been received.

The Contract shall be governed by, and construed in accordance with, the laws of Jersey. The Customer irrevocably agrees that the courts of Jersey shall have jurisdiction to hear and determine any dispute or proceeding.

We use engineered timber to improve the product, which is made up of smaller sections and lengths laminated together. Not only does this provide a more stable product which is far less likely to twist, split or warp, it is also more environmentally sustainable.

We are also an approved manufacturer of Accoya windows and doors which are highly stable and durable, do not shrink, swell or distort and will open effortlessly all year round. Accoya is naturally insulating with a 40% thermal conductivity improvement over hardwood to keep your home cosy and your energy bills down. Accoya offer a 50-year warranty on Accoya timber.

All our products are fully glazed, and factory finished in a 3-part white Sikkens microporous paint system. All our joinery products may be decorated to whatever colour you wish — please let us know your needs.

We use a Composite Bead to secure our double-glazed units as these beads are more durable than traditional timber beads and will not rot. They are ideal for applications where durability is needed and require less maintenance when fitted compared to timber. All Heritage windows are manufactured with constructional glazing bars and glazed with flexible polymer putty.

Fitting and associated work is 'Estimated' and is therefore a 'Provisional Sum' unless a fixed price is agreed in writing. The Customer may be invoiced weekly, on a Daywork basis (current hourly rates available upon request) with all materials, hire, disposal charges and sub-contract charges invoiced at Cost Plus 20%.

The Company shall remove and dispose of the existing units, fit the new window/door and make good to plaster reveals immediately adjacent to the perimeter of the window/door.

When the Company undertakes to work with existing timber surrounds and if a 'fixed price' has been provided, this price is subject to these being found in sound condition at the time of installation. Any remedial work required will be carried out at extra cost to the Customer.

Any damage or missing parts should be reported within 48 hours of delivery, otherwise they may be chargeable. We will not be liable for any defects due to inappropriate storage, neglect, damage caused by a third party or installation other than that which is recommended in our Fitting Guide.

It is the Customer's responsibility to secure planning or other regulatory or legal approvals for permission to undertake any work that may require approval. The Company cannot be held responsible for any consequential costs incurred by the Customer if such consent was not obtained.

Unless otherwise stated, any Quotation by the Company is subject to the Customer providing free of charge to the Company special attendances on site such as all necessary scaffolding, hoisting tackle, lighting, power, water, unloading, distribution, safe and adequate storage of the Company's materials and plant.

Any quotation by the Company is subject to goods and/or labour being available at the time the work is required to be executed. The Company cannot be held liable for any shortages and delays in delivery through happenings beyond its control, e.g., manufacturer's late deliveries, strikes, war, loss, damage, transport delays, etc.

Lead times for delivery/installation provided by the Company are given in good faith but without obligation. The Company shall endeavour to meet these dates but will not be liable for any loss or damage or other prejudice suffered by the Customer as a result of any delay in delivery, collection, or installation.

Unless otherwise stated, any Quotation submitted by the Company does not include for:

• Any type of protective coating or tape, or the removal thereof, or final cleaning down.
• The provision and making of templates for shaped or bent glass and/or windows/doors/frames.
• Repairs to coloured render, lime pointing, lead trays or flashings.
• Redecorating inside or out.
• Replacing any tiles damaged during the work.

If the Company accepts the Customer's order, any Customer's Conditions which form part of the Customer's order are deemed not accepted by the Company unless specifically agreed to in writing.

Any claim arising from a defect in materials or workmanship must be made in writing to the Company within 48 hours of delivery or fixing, failing which no claim under the Guarantee can be made.

In the event of any claim against the Company under the Guarantee, the burden of proof that adequate and regular maintenance has been undertaken rests with the Customer.

In the event of any claim made and accepted under the Guarantee, the Company will be liable only to replace such defective product or part thereof, but will NOT be liable for any consequential or other loss and/or damage caused by the failure, or deficient performance, of a guaranteed product.

Until payment by the Customer is received in full by the Company for the price of the goods, property in the goods shall remain the Company's.

Any goods not permanently fixed to the client's property that can be removed shall be removed and returned to The Company workshop and retained until payment for the same is made in full.

Any goods permanently fixed to the Customer's property and cannot be removed shall be held by the Customer in a fiduciary capacity for the Company and shall be stored in such a manner, at the Customer's own expense, so that they shall at all times be identifiable as goods of the Company.

The surface finish of framing and glass shall be permitted to contain visual imperfections which are not exceptionally obtrusive if viewed at 90 degrees from two metres in natural daylight; for laminated and toughened glass, three metres.

The Company undertakes to eliminate for at least the duration of the guarantee period condensation in the cavity between hermetically sealed double-glazed units. It does not guarantee to reduce, eliminate, or prevent condensation elsewhere.

No guarantee is given that any of the products is visually perfect. All glass products supplied by the Company may contain minor visual imperfections. The criteria for acceptability of such visual marks are those stated in the G.G.F.'s leaflet entitled 'Visual Quality Standard for Installed Insulating Glass Units Constructed from Flat Transparent Glass'.

The Company warrants that the goods installed by it shall be free from material defects in material and workmanship for a period of one year after installation, provided that the goods are maintained by the Customer according to prevailing correct practices.

The sole and exclusive remedy with respect to the above warranty, or with respect to any other claim relating to defects or any other conditions arising from the use of goods supplied by the Company, is limited to repair or replacement of such products, or repayment by the Company of the purchase price paid, at the Company's option.

Our standard product warranties on factory finished products are as follows:

These warranties do not cover:

• Any damage, accidental or deliberate, occurring on site after installation — specifically excluding damage to timber or coating caused by cleaning practices or application of any chemicals or abrasive substances.
• Any damage to coatings caused by other operations in the build process — specifically excluding damage by cement, mortar, render or any cleaning operation to remove these substances.
• Failure of hinges due to the build-up of cement, mortar, sand, grit, or any other building debris in the moving parts.
• Visual defects in glass, such as scratches or marks, which are not reported within 48 hours of delivery to site and prior to installation if others are fitting the units.
• Damage caused by excessive condensation being deposited on windows and doors by other works (e.g., plastering).
• Natural movement in timber products whilst reaching their ambient moisture levels. Timber is a hygroscopic material and natural movement is not covered by warranty.
• Damage to outward opening doors due to being left open in windy or breezy conditions.
• Doors wider than 1000mm or higher than 2100mm — these cannot be warrantied against warp, bow or twist.
• Any product which has not been paid for in full.