All references to Albany Windows or the Company should be taken to mean Albany Windows Ltd, registered in England No. 7435629, registered address Unit 40, Space Business Centre, Tewkesbury Road, Cheltenham, GL51 9FL, VAT number 791075124.
Having signed and dated the Order the customer has entered in to a binding contract with Albany Windows governed by the common law and Statutes of England and Wales.
In order to allow Albany Windows to plan its business effectively, and because the glazing products will be made specially for each contract, the customer will not be able to cancel the contract except in writing by recorded delivery to the business address given on this contract within seven days of the date of order. (This is not a statutory right under consumer legislation but rather a contractual right the Company gives customers).
However, if the order is signed in the customer’s home in the presence of a Company representative the customer has a right under consumer legislation to cancel the contract by the same procedure as above within fourteen days from date of order unless the customer waives that right in writing to avoid delay.
In the event of the customer seeking to cancel this contract after seven days from the date of order then cancellation will be accepted only subject to payment for expenses incurred to date, for loss of profits and for materials already purchased specially for the contract.
In the event that upon carrying out the detailed survey, or upon digging foundations for a conservatory, problems are found that were not apparent at the time of quotation, then Albany Windows reserves the right to cancel the contract, and in the case of a conservatory will reinstate any disturbed ground to the extent practical.
If a deposit is taken it will be covered by insurance. The balance due after payment of any deposit or stage payments shall be due immediately on completion of the work. Minor defects requiring rectification shall not be deemed a reason for non-payment but the customer will be entitled to withhold a sum that is reasonable in relation to the nature of the defects until they have been rectified.
Should payment be unreasonably delayed such that Albany Windows in its judgement has no option but to have recourse to a debt collection service then Albany Windows has the right to recover the cost of that service from the customer, but at least seven days notice of such intended action will be given to the customer by recorded delivery.
Payment for goods and services supplied can only be discharged by cheque, debit card, credit card, finance company completion statement, or internet banking or BACS in favour of Albany Windows Ltd, sort code 60-05-16, account number 19003439. Payments made by cash can only be accepted as discharge of the debt if the customer obtains a receipt signed by two directors of the company when making payment. Under no circumstances should cheques be made payable to a Director, fitter or any contractor or employee of Albany Windows.
Time is not the essence of the contract but if the customer considers any delay to be unreasonable the customer may request in writing by Recorded Delivery that time is made the essence of the contract and that Albany Windows gives a reasonable date by which the contract will be completed or else the customer or Albany Windows may cancel the contract without liability to the other. (This condition is necessary because it is an industry in which delays can be beyond Albany Windows control.)
The customer will allow Albany Windows unhindered and uninterrupted access to start the contract within 14 days of Albany Windows informing the customer that it is ready to start the work and thereafter until the work is complete.
Albany Windows carries Public and Products Liability insurance of £5m against loss caused directly by Albany Windows or its products but shall not be liable for any consequential loss due to any cause no matter how arising, except proven negligence.
The customer must inform Albany Windows in writing if the property to which the contract relates is the subject of any special controls such as conservation orders or other planning restrictions.
Albany Windows will ensure that all work meets Building Control Regulations and will seek necessary written permissions and certificates, subject to any specific conditions stated elsewhere in the contract documentation.
Albany Windows guarantee is described on a separate guarantee sheet. Albany Windows will also provide the customer with an approved insurance backed guarantee. These guarantees are not applicable in the case of replacement sealed units fitted into existing windows supplied by others. The guarantees do not cover normal wear and tear nor damage caused by accident or negligence, nor deliberate damage, nor damage in conditions declared force majeur.
In common with other glazing companies, no guarantee can be given with regard to condensation, the presence or absence of which is subject to several complex factors of which the thermal performance of the glazing is just one.
Albany Windows reserves the right to either repair or replace at its sole discretion any fault or defect arising that is covered by the guarantee.
Albany Windows will endeavour to avoid damage to areas of the house surrounding the work and will make good any damage as part of the contract. However Albany Windows cannot undertake to provide matching finishes or replace damaged tiles, paintwork or wallpaper and making good will be restricted to the fundamental fabric of the building.
The customer shall be responsible for clearing all furnishings and valuables away from the immediate area of the work to be carried out but Albany Windows undertakes to take precautions to avoid any damage to carpets and other belongings left in the vicinity which cannot be reasonably moved.
Samples and brochures shown to a customer shall be representative of the products to be supplied but may vary in detail due to suppliers and Albany Windows policy of continual improvement and because a wide range of different profiles are available from suppliers and Albany Windows must maintain the freedom to select those profiles from the range that best meet the technical and aesthetic requirements of the contract in the interests of the customer.
In the event that supplies cannot be obtained from any specific product supplier quoted due to technical, quality, price, service, lead time, or continuity of service issues, Albany Windows reserves the right to supply products of similar quality and style from a different supplier.
Albany Windows reserves the right to place a site advertising board in a prominent position on the customer’s property from the start of the work and undertakes to remove the board no more than fourteen days after full payment has been received.
These terms and conditions of sale together with the signed Order/Quotation and attached specifications and the guarantee sheet constitute a complete record of the terms of the contract. No variation of these terms shall be considered unless a written request is received by Recorded Delivery within seven days of the contract being made.
Albany Windows Ltd is authorised and regulated by the Financial Conduct Authority. We are a credit broker and not a lender. We offer credit facilities from one lender.
No term or condition specified herein shall in any way restrict customers consumer rights under the Consumer Rights Act 2015.
Customer Complaints Procedure
Service call requests are not the same thing as a complaint. In the event of needing a service call the customer should telephone the office. Albany Windows will respond to service requests when security or safety is compromised as a matter of urgency; usually same day and never less than next day. Non-urgent service calls will be attended within seven days.
In the event of wishing to make a complaint on any matter the customer should initially telephone and ask to speak to a Director. If the complaint cannot be addressed to the customer’s satisfaction within seven days by telephone then a Director will arrange a personal visit within no more than a further seven days to discuss the complaint. In the event that this visit does not resolve the complaint to the customer’s satisfaction the customer should put the complaint in writing.
Albany Windows undertakes to reply to any such letter of complaint and any subsequent correspondence within fourteen days. In the event that such correspondence and visits cannot resolve the complaint, Albany Windows as a Which? Trusted Trader uses Ombudsman Services Ltd for dispute resolution and in the unlikely event we cannot remedy your complaint to your satisfaction you may wish to refer your complaint to them.
If you wish to do so please contact Which? Trusted Traders in the first instance on 0117 881 2929, or via their website http://www.disputeresolutionombudsman.org/which-trusted-traders-partnership/