Terms and Conditions
1 Introduction
1.1 These Terms are between AWM Glass Limited (we/us/our/Company) and you (you/Purchaser).
1.2 By ordering our services, including any goods, you accept that delivery of these services will be subject to these Terms and Conditions (Terms) which are also referred to in any quote that you will receive from us. If you do not agree to these Terms, do not order goods and/or services from us.
1.3 The Purchaser is the person or their Agent buying upon their behalf and is responsible for all measurements and designs given to the Company.
1.4 All orders are bespoke and made to measure.
2 Basis of Contract
2.1 The description of the services and any general estimates we give you do not constitute a contractual offer to sell the services. However, if we send you a quote, that is a contractual offer to provide the goods and services which upon your payment of the accompanying invoice will be accepted and a binding contract for the supply of goods and/or services will be formed between us which will be governed by these Terms (Contract).
2.2 Therefore, you must ensure that the quote is complete and accurate and inform us immediately of any errors prior to acceptance so that we can revise the quote accordingly. No variation of the Contract, whether about description of the services, fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Purchaser the Company in writing. Any such changes may incur extra fees. If there is anything you do not understand, please review the explanations at Schedule 2 or contact us for more information.
2.3 All quotes are valid for fourteen (14) days from the stated date, unless we expressly withdraw it at an earlier time.
3 When Purchasing Products
3.1 All dimensions to be supplied in metric measurements. All designs are as viewed from the outside at the point of order.
3.2 All units are supplied to site unglazed due to the safety requirements for manual handling with glazing being provided separately.
3.3 Orders and any changes to orders will only be acceptable and binding once confirmed in writing (Email is sufficient).
4 Fees
4.1 Supply of Goods only: Payment in full must be paid to place an order. No order will be processed without a successful payment.
4.2 Supply of Goods and Installation: A Deposit of 50% must be paid to place an order. Balance payments must be made in full as soon as the job is complete. We will store all card information relating to the job and may automatically charge the card for the balance upon completion.
4.3 If we are delivering goods to you and you are paying with a Credit/Debit card it will need to be either; registered to the delivery address; or, have passed a 3D secure check (sometimes known as ‘verified by Visa’ or similar – only possible with online payments); or, you can pay by Chip and Pin at our Doncaster branch. You can also pay by bank transfer.
4.4 If you are collecting you can pay in cash (exact change) or credit/debit card by Chip and Pin as you collect.
4.5 Cheques, Bankers Draft or Printed Building Society Cheques are not accepted as cleared funds (as they can be fraudulent) and must be received by us a minimum of 10 working days before delivery/collection.
4.6 Payment must be made no later than 1 month after the Purchaser is notified by the Company that the goods are ready for collection/delivery.
4.7 If you are a business and payment of the Fees has not been made in full and on time in accordance with these Terms and there is no legitimate dispute over the delivery of the goods or services by us, we will charge interest at a rate of 8% per annum above the base rate of the Bank of England until the payment is made in full, which shall include charges in respect of the first twenty-eight (28) days that payment has been in arrears.
4.8 If you are an individual and if payment is not made in full and on time in accordance with these Terms and there is no legitimate dispute over the delivery of the goods or services by us, we will charge you interest at a rate of 10% per month until the payment is made in full, which shall include charges in respect of the first twenty-eight (28) days that payment has been in arrears.
5 Delivery & Collection
5.1 We perform kerbside delivery only.
5.2 You will need to ensure that someone is available all day on the day of delivery that is capable of assisting the driver in offloading the goods when they arrive. They will need to be capable of lifting items of up to 25kg as we only send one driver. All units and panels are supplied to site unglazed due to the safety requirements for manual handling.
5.3 To arrange a collection please contact us on 01302 742111.
5.4 If you are collecting your goods you will be notified of a collection date. Please bring a copy of your order confirmation including order number and a form of ID. We are unable to release goods without a valid form of ID (e.g. debit/credit card, passport or driving licence). We use a fair collection time policy.
5.5 All goods must be collected within 28 days of the collection date provided unless agreed otherwise. After this time we may charge a storage fee or dispose of the items where applicable. We will not be held liable for failed collections.
5.6 Time shall not be of the essence in this contract. We always use our best endeavours to deliver on the ‘anticipated delivery date’ (shown on your copy of the order confirmation if you have chosen a delivery date prior to this being printed) or within the ‘delivery within approximately’ timeframe (shown on your copy of the order confirmation if no specific date has been chosen yet). In the unlikely event that something delays your delivery, we will contact you to reorganise your delivery date within a reasonable period of time. We can accept no responsibly for any costs or losses incurred should a late delivery occur.
5.7 We will contact you to agree a delivery date with you prior to us actually delivering. If you have any questions about your delivery date, please ring our dispatch team on 01302 742111.
5.8 We cannot give timed deliveries due to our vehicles travelling across England, Wales & Scotland. Deliveries can occur between 7:00am and 7:00pm on the day of delivery. We will issue you a 2 hour time slot the day before and an update time slot on the morning of your delivery. You will be able to see the drivers live location when the driver is approximately 1 hour away from your location.
5.9 If the Purchaser or his Agent fails to be on site for an agreed delivery, the goods may be returned to our factory for the Purchaser or his Agent to collect. If a re-delivery is required this can be arranged and there will be a re-delivery charge starting from £80.00 with a maximum charge of £100 depending on the amount of items ordered.
5.10 All risks with the goods shall pass to the Purchaser or his Agent upon delivery. If any goods are moved from their original delivery location we shall accept no further liability on any item. As we do not support overseas shipping should any item be handed to a shipping agent you accept that we will not offer warranty or be able to offer any aftersales support for the items. All items are to be inspected by the receiver or the agent upon our delivery.
6 Damaged Goods
6.1 Should a defect occur with the goods due to the fault of the Company, we will give you appropriate options which may include a repair, replacement or partial refund. If the Company is not given a reasonable opportunity to rectify any defect, the Purchaser will not be reimbursed should he choose to rectify it himself or with a third party.
6.2 The Company reserves the right, in agreement with the Purchaser, to request an independent inspection of any allegedly defective goods, or to carry out a mutually agreed inspection to identify whether the goods have been properly installed, used, maintained, stored or serviced. The Company reserves the right to make a charge to cover any reasonable costs if the goods have not been properly used, installed, maintained, stored or serviced.
6.3 After delivery of the goods the Purchaser shall examine them as soon as reasonably possible and before removing any existing windows and doors or commencing installation. The Company should be notified of any fault, damage or missing items as soon as reasonably possible in writing either by post to Customer Services, AWM Glass Limited, Station Yard, Station Road, Bawtry, Doncaster, DN10 6QD, or email enquiries@awmglass.co.uk. We will request photos which clearly illustrate any defect to determine its cause prior to rectification. The invoiced customer (named person on order) will need to make contact and please include your order number so we are able to locate your order. It will take longer for the issues to be sorted with no job number.
7 Installation
7.1 We recommend that where you do not engage us to install the goods, that a competent or qualified person carries out the installation of the goods supplied. Please ensure that the general guidelines supplied with the delivery for the fitting of the goods are read and understood before commencing or organising installation. If in doubt please contact the Company’s Customer Service department by the methods stated in clause 6.3 of these Terms.
7.2 Due to on-site handling, installation methods and the type of opening that the goods are being installed into, minor adjustments may need to be made by the installer.
7.3 The Company may make minor technical changes to the specification of the Purchaser’s goods that will not be to the detriment of their function or appearance and will not affect the price. The Purchaser will be advised of any major changes to be approved by the Purchaser, or the Company will refund the Purchaser in full.
7.4 Before commencing your installation or hiring a third party to install your goods, please ensure that the goods have been physically delivered, examined and checked for design details and sizes. Check that all parts are present and correct so that in the unlikely event that parts may be missing, wrong or damaged you ensure we have reasonable time* to arrange the delivery of the new parts before you commence installation, confirm an assembly date or prior to engaging a third party to carry out the installation. (*Please note that a reasonable time would typically be within one to two weeks assuming replacement parts are in stock, however if we have to order or manufacture parts then the time frame will be longer). Should you use a third party to carry out the installation please ensure that you give them sufficient time to familiarise themselves with and check the materials before committing to an installation date.
8 Changes to the Contract
8.1 Any and all changes made to orders will be chargeable to the Purchaser at the cost of those changes as each item is bespoke. This reasonable charge will vary dependent upon the progress already made with the original order prior to any change, and the nature of the change. The costs incurred by the Company are not just limited to manufacturing and physical production costs. We reserve the right to charge an additional £25 administration fee for amending any order after the initial 24 hour period has passed, where the order can be amended.
8.2 If the Purchaser become aware that they need to change their order, whether or not the extent of the change required is unknown, the Purchaser must request in writing that the order is placed ‘on hold’ so that no further processes are carried out by the Company. The order will only be taken ‘off hold’ once the Purchaser confirms their changes, if any, in writing. Any estimated performance dates will be extended accordingly.
9 Withdrawal and cancellation
9.1 We may end the Contract at any time by writing to you if you commit a breach of these Terms as follows:
9.1.1 you do not make any payment of Fees to us when it is due and you still do not make payment within 5 business days of us reminding you that payment is due; and/or
9.1.2 you do not, within a reasonable time, allow us to perform an installation at your property.
9.2 As this Contract is for the provision of bespoke goods and services, you do not have any statutory right to cancel or change your mind once the Contract has been formed. Therefore whether you are a business or a consumer you have no right to cancel the Contract save as provided for in Clauses 9.3 and 9.4 below.
9.3 If you wish to cancel the Contract within 24 hours of your order, we will agree to the cancellation and will refund you any fees paid to us for the goods and services.
9.4 If you wish to end the Contract for a reason set out below, the Contract will end immediately and we will refund you in full for any goods which have not been provided or have not been provided properly and you may also be entitled to further compensation. The reasons are:
9.4.1 we have told you about an error in the price or description of goods you have ordered and you do not wish to proceed; or
9.4.2 the supply of any goods may no longer be possible or significantly delayed because of events outside our control.
10 Price Promise
10.1 We are so confident in our products and services and their prices that we are offering a price promise. We guarantee that you won’t find the same quality product, level of service or price to match.
10.2 This guarantee relates to an equivalent product, with an equivalent level of service, from a company with equivalent history (10 years trading or more) for a lower amount. You must provide us with a copy of a quote or website so we can verify the details.
10.3 We retain the right to refuse to honour this offer at any time. Sash windows not included.
11 Reaching us
11.1 If you need to reach us, prior to delivery please call us on: 01302 742111, or
11.2 Write to us at: AWM Glass Limited, Station Yard, Station Road, Bawtry, DN10 6QD.
11.3 For all post-delivery enquires please write to us detailing your query through either: e-mail at enquiries@awmglass.co.uk or post your enquiry to the above address this will enable us to comprehend your query and respond appropriately and professionally. Please refer to our website for Customer Services opening times.
12 Credit Card Security
Our form pages are secured using High Level 128-bit SSL Encryption. Credit card payments are processed by Elevon (formally Sage Pay) over the phone, or STRIPE using 3D Secure for all website orders using secure servers. All credit card numbers are encrypted in the software when the order is placed and are only decrypted after they reach our computer. They are not held in clear text on any web site.
13 Severability
If any term or other provision of this Agreement is determined to be invalid, illegal or incapable of being enforced by any rule or law, or public policy it will be severed from the Agreement. All other terms and provisions of this Agreement shall nevertheless remain in full force and effect.
14 Entire Agreement
These Terms together with the quote form the entirety of the Contract between us for the provision of goods and/or services to the exclusion of all other terms. All amendments must be agreed by both parties in writing.
15 Supply and Fit
All Contracts which include installation are subject to our supply and fit agreement. AWM Glass Limited reserve the right to collect the outstanding balance should the job be delayed due to means outside of our control. AWM Glass Limited reserve the right to collect a part or full balance payment at any time after the installation has started. You agree to us storing your card details in a secure environment in accordance with section L.39 for automatic charging in line with your works completion date.
16 Insurance
We have in place adequate insurance to cover our risks and liabilities under the Contract, including professional indemnity insurance, errors and omissions insurance, public liability insurance, and work health and safety insurance.
17 Duration, termination and suspension
17.1 The Contract shall commence once you make payment of the first invoice and shall continue for as long as it takes us to supply the goods and/or services.
17.2 Either you or we may terminate the Contract or suspend the services at any time by a written notice of termination or suspension to the other if that other:
17.2.1 commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed or is not fixed within 14 days of the written notice; or
17.2.2 is subject to any step towards its bankruptcy or liquidation.
17.3 On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.
18 Circumstances beyond the control of either party
18.1 In the event of any failure by us to supply the goods and/or services due to something beyond our reasonable control:
18.1.1 we will advise you as soon as reasonably practicable; and
18.1.2 our obligations will be suspended so far as is reasonable, PROVIDED THAT we will act reasonably and that we will not be liable for any failure which we could not reasonably avoid.
19 Privacy
19.1 Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
19.2 These Terms and Conditions should be read alongside, and are in addition to our policies, including our Privacy Policy.
19.3 For the purposes of these Terms:
‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the Data Protection Act 2018, Directive 95/46/EC (Data Protection Directive) or the GDPR.
‘GDPR’ means the General Data Protection Regulation (EU) 2016/679.
‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.
19.4 We are a Data Controller of the Personal Data we Process in providing the goods and/or services to you.
19.5 Where you supply Personal Data to us so we can provide goods and/or services to you, and we Process that Personal Data in the course of providing the goods and/or services to you, we will comply with our obligations imposed by the Data Protection Laws:
19.5.1 before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
19.5.2 we will only Process Personal Data for the purposes identified;
19.5.3 we will respect your rights in relation to your Personal Data; and
19.5.4 we will implement technical and organisational measures to ensure your Personal Data is secure.
19.6 For any enquiries or complaints regarding data privacy, please contact us without delay.
20 Disclaimer and Limitation of liability
20.1 Upon receiving your goods, we recommend you follow the installation instructions carefully step by step, as we will not be held liable for damage claims due to incorrect assembly. Our guarantees do not apply where the goods or installation fail or not perform due to exclusions stipulated in Schedule 1 and all claims must be submitted in accordance with the provisions therein.
20.2 Where we are providing installation services in your property, we will make good any damage to the property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or for weaknesses or any endemic conditions of the property (whether known or unknown) which may influence our performance of the installation services or cause damage to the Property that we discover while providing the installation services.
20.3 We shall not be liable under any circumstances for any indirect, consequential losses that result from performance of the Services and subject to clause 20.4 below, we shall only be liable for rectification or a refund for the goods and/or services supplied and our liability shall be capped at the total amount paid by you under the Contract.
20.4 We do not seek to exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal injury caused by negligence or breach of our other legal obligations. Subject to this, if you are a consumer, we are not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) consequential loss (for example loss of profit) to your business, trade, craft or profession which would not be suffered by a consumer – because we believe you are not buying the services and goods wholly or mainly for your business, trade, craft or profession.
21 Severability
If any term or other provision of this Agreement is determined to be invalid, illegal or incapable of being enforced by any rule or law, or public policy it will be severed from the Agreement. All other terms and provisions of this Agreement shall nevertheless remain in full force and effect.
22 Governing law, jurisdiction and complaints
22.1 The Contract and these Terms (including any non-contractual matters) are governed by the law of England and Wales.
22.2 Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
22.3 We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurs Purchasers should contact us to find a solution and we aim to resolve complaints within 7 days.
Schedule 1- Warranties
- Warranties
Window and door frames are guaranteed against defective workmanship and/or defective materials for a period of 10 years starting from the date of delivery.
Sealed units are guaranteed against defective workmanship and/or defective materials for a period of 5 years starting from the date of delivery. Fascias, soffits, bargeboards, guttering, locks, handles and other moving parts are guaranteed against defective workmanship and/or materials for a period of 2 years starting from the date of delivery.
Conservatory bases are guaranteed against defective workmanship and/or materials for a period of 5 years starting from date of delivery.
The following exclusions apply to the Guarantee;
This guarantee does not cover any accidental damage (including glass breakage), blockages, wear and tear, misuse of the product and any faults associated to condensation.
This guarantee does not cover any problems associated with fading or discolouration.
This guarantee does not cover any problems associated with the penetration of insects, misting and mould growth.
This guarantee does not cover any problem in the event the consumer fails to adequately maintain the product or misuses the product.
The choice of whether materials are either repaired or replaced is at the sole discretion of the Installing Company. This guarantee is not transferable.
Conditions
- Any claim must be made in writing and accompanied with a proof of purchase, details of failure and photographic evidence of failure.
- The products must have been correctly installed and only subject to normal domestic use and maintenance. This includes ensuring that drainage holes are kept free of obstruction and that packers are used underneath the sealed unit to hold the sealed unit up from the bottom of the sash.
- No Guarantee is offered on products subject to abuse, negligence, improper use, modifications or attachment to equipment other than our own.
- The territorial scope of this agreement is the United Kingdom Only.
Exclusions
- Any sealed unit with broken glass or seals that have been tampered with.
Guarantor’s name and address:
AWM Glass Limited Station Yard Station Road Bawtry, Doncaster, DN10 6QD
E-mail: enquiries@awmglass.co.uk
Schedule 2 – Understanding the Order Confirmation
- Items:
Preview Image – Preview image of the item, viewed as specified by “Viewed from”. Chevrons denote opening sashes with the point denoting the hinged side.
O/A Sizes – This is the overall size of the product, including any cill.
Dimensions – All dimensions should be provided in mm. We will not accept liability for incorrect sizes should measurements be provided a different way.
- Specification:
Transom / Mullion / Sash – This is the type of profile we use for the transom, mullion or sash.
Cill (if specified) – This is the cill option chosen. Options are 150mm, 180mm and
85mm. An 85mm cill is a “Stub cill”
Trickle Vent (if specified) – This will say where they ventilator is located (in the Sash by default) and how big each will be. 2000 trickle vents have a ventilation area of 2000mm2 and 4000 trickle vents have a ventilation area of 4000mm2.
Colour / Sash Colour / Cill Colour – The colour of the item, White, Light Oak on White, Rosewood on White or Rosewood. Rosewood on White and Light Oak on White will always be made with the wood grain on the outside. Images may show inside colour but this is only as a guide and is not a literal demonstration of where the colour will be.
Handle – The type and colour of the handle. An “Espag” handle corresponds to the espagnolette locking heads used on most windows. Lev/Lev refers to a door handle with a lever on both sides. Lev/Pad refers to handle with a pad on one side and a level on the other.
Casement Locking – Espag for espagnolette locking or Shootbolt for Shootbolt locks.
Viewed from – The direction the item is viewed from in the preview design. Normally as “Viewed from Outside” but for some items, the item needs to be “flipped” for manufacture. These items will say “Viewed from the Inside”. Special care must be taken for these items to ensure the design, opening direction and hinges side are as desired.
Open In/Out – Whether the item opens inwards or outwards.
Glazed in/Out – Whether the glass is put in from the inside or the outside.
Trans/Mull – How the item is put together, with welded joints.
All Round Locking (if specified) – All round locking option.
Door Hinge – Door hinge type, normally a “Flag hinge” and colour. Door Lock – Type of lock barrel specified.
Fixing Pack (if specified) – Fixing Pack if specified.
Total Price – Price shown for each item is ex VAT unless specified.
Glazing Details & Apertures
4-20-4 – This refers to the thickness of the sealed units we use, 4mm glass pane, 20mm space and another 4mm glass pane.
Clear / Obs / Tuff – Refers to if the glass is clear or obscure, or Tuff for toughened glass.
Georgian Bar / Diamond Lead / Square Lead – Glass decoration options
18mm Bar White, 9mm Lead Silver – Thickness and colour of glass decoration
AWM Glass Limited is dedicated to your total satisfaction.
If you have any suggestions or comments please contact us.
Contact Details:
AWM Glass Limited
Phone: +44 1302248111
Email: enquiries@awmglass.co.uk
Address: Station Yard Station Road, Bawtry, Doncaster DN10 6QD, UK
VAT Registration Number: GB 827 917 591
Company Number: 04936887