double glazing contract

[someonelse]

Am I being paranoid or sensible.... to query the contract?

After shopping around and getting quotes I decided on a company for upvc replacement windows. They then sent round their 'surveyor' who measured up, and gave me the contract to sign. Wanted me to sign then, but was happy when I said I'd read it through and post it back.

But having read it:

*) “the balance... shall be paid upon the Company certifying that the work is complete.... “ surely that should be “The Purchaser”. I certainly wouldn't want to pay till I was satisfied.

*) “goods remain the property of the Company..... until.... paid for in full” (fair enough, but then) “notwithstanding..... the goods shall be at the risk of the Purchaser from the date of …. delivery.” So I'm responsible for them but they're not mine? Talk about having their cake & eat it....

(* “ samples .. are used to demonstrate a typical window & its composition. Windows shown overleaf will be …. manufactured in the way considered suitable by the Compny and the right is reserved for modification. Only work specified overleaf will be carried out.”

So
a) they can change what they supply and

b) what is specified overleaf in any case is nothing more than size, openings & colour of windows + price. No technical info, no ratings, no manufacturer, no quality etc – none of the stuff the salesman & I discussed originally

*) “goods represented by the Purchaser to be defective shall not form the subject of any claim of injury loss or damage or any expense howsoever incurred arising directly or indirectly from such alleged defects other than death........” So unless I die I can't sue????

*) “subject to the above, materials, excluding brassware and workmanship are guaranteed.... 10 years....” So much for a 10 year guarantee if it excludes “workmanship”..... (& is that 'workmanship' in the manufacturing, or the installation, or both?)

*) “whilst the Company will make every effort to comply with the agreed delivery times.... noliability shall rest on the Company in respect of any penalty or other carge because of …. delay.....” so effectively they can take my 10% deposit and not deliver for as long as they want?

*) the Company shall be under no liability arising from the oral representatives or reports made by an employee.... unless it is confirmed in writing...” So all that sales talk was meaningless unless I get them to confirm it in full in writing....

One reason I chose the company was that it is 'Which?' recommended + Trading Standards approved. So I was surprised by the apparent one-sidedness of the contract.

 

[Gazman16]

Large national company? I would avoid and go local recommended company.

Most of the contract is pretty standard. Frames, Glass, and normally fitting are guaranteed for 10 years. Handles, Gearboxs, Hinges etc (basically all the moving parts) generally have either a 1,3,5,10 or 25 year guarantee.

A door handle may have 25 year cover but the gearbox only 1 which complicates things, As a small company my contracts say 1 year on moving parts but assuming they have been kept clean and lubricated yearly (as you should) and haven't been abused I will generally replace free of charge for the full 10 years.

Sometimes glass or frames can get damaged during transport so we have to but in things about delivery times just incase something has to be remade, The materials generally cost 50-80% of the job so we want to get them fitted and get paid a.s.a.p or we are in negative cash flow.

Make sure you get a written quote covering any details that are not in the contract. My contracts basically just say all windows to be fitted as per quotation.

So really its just:

*) “goods represented by the Purchaser to be defective shall not form the subject of any claim of injury loss or damage or any expense howsoever incurred arising directly or indirectly from such alleged defects other than death........” So unless I die I can't sue????
and the workmanship things that are a bit odd, The rest is all standard "legalise"

 

[ricky101]

all that sales talk was meaningless unless I get them to confirm it in full in writing....

Thats the bottom line... everything detailed in writing and even take pics of the samples shown.

Verbal does have some legal standing, though harder to prove in a dispute situation.

Expect the contact terms are standard, but no reason you cannot challenge them about any clause before you sign; if they want your business they should be happy to understand your point of view.

As always, do not rely on one survey /quote, get 2 or 3 to ensure you are getting a fair deal.

 

[someonelse]

Thanks. yes I had several quotes + some last year too.

It's a smaller local firm with good local reviews, and until this appeared I felt confidant with them..

 

[Gazman16]

Thanks. yes I had several quotes + some last year too.

It's a smaller local firm with good local reviews, and until this appeared I felt confidant with them..

In that case it all sounds ok, Just get them to put any missing details in writing (window specs and make etc) and question them on the workmanship clause.

 

[crank39]

A lot of the policies i work with only cover the onsite workmanship for one year, the claim forms I complete ask to differentiate between what i believe is poor fitting/workmanship or poor manufacturing/workmanship

 

[Gazman16]

And there's me running around still adjusting doors and replacing cracked sealant etc upto 10 years for half the price of the big company's. I may have to start pointing these things out in my quotes and putting my prices up!

 

[ronniecabers]

We're the same as you Gaz, always looked after the customer like that . Obviously the moving parts bot is always an issue , due to oiling ( or potential lack off ) , but if obvious manufacturing defect we replace those parts too.

Are there very few people left not trying to get out of contracts and only covering 1 year workmanship? obviously don't trust their own work!

 

[crank39]

I think i go way too far sometimes too when making recommendations to the insurer

And there's me running around still adjusting doors and replacing cracked sealant etc upto 10 years for half the price of the big company's. I may have to start pointing these things out in my quotes and putting my prices up!

There's not many of you left gaz

 

[JohnD]

I was surprised by the apparent one-sidedness of the contract.

Google UCTA

 

[someonelse]

I was surprised by the apparent one-sidedness of the contract.

Google UCTA

Thanks.

Any experience or suggestions as to whether/how that applies to the clauses in question?