Terms & Conditions | The Window Film Company
On this page you will find our two sets of Terms and Conditions. There is a set of T&C's for
1) Supply and Fit orders
2) Supply Only orders.
Please ensure you check the T&Cs that are relevant to your order or purchase from The Window Film Company UK Ltd. If you have any questions or are in doubt as to which set of terms and conditions apply to you, then please call us on 01494 794477.
TERMS AND CONDITIONS: SUPPLY AND FIT
1. General
These Conditions of Sale apply to all contracts of sale for our supply and for the installation of our window films, window graphics and associated services and products unless expressly excluded in writing signed by, or with express authority of, a Director. Any qualification of these Conditions by other sources other than those of The Window Film Company UK Ltd, or any other conditions which are sought by others to impose, will be inapplicable unless expressly accepted in writing signed by, or with the express authority of, one of our Directors. The Window Film Company UK Ltd. reserve the right to appoint subcontractors for certain installations of our products and these subcontractors will be controlled and audited by The Window Film Company UK Ltd and will not be pre-notified on each contract to the customer. The use of such subcontractors, under a controlled environment, allows The Window Film Company UK Ltd to be able to respond more quickly to requested completion dates. These subcontractors will be specialist in their field.
2. Price & Payment
2.1 The price quoted is net unless otherwise stated.
2,2 Unless you have explicitly (in writing) been offered credit terms or arrangements are made for the payment of the price, or part of it in advance, the whole of the price shall be due on the date on which we give notice to you that the works are complete. If payment is not made within thirty days of that date interest shall be payable on the price for the period beginning with the expiry of the thirty days and ending with the date of payment, interest being at the rate per annum of two percent over the Bank of England Minimum Rate for the time being.
2.3 Credit account payments are due within 30 days nett; due before the end of the following month. The whole price shall be due immediately at the end of the 30 day period. If payment is not made within thirty days of that date interest shall be payable on the price for the period beginning with the expiry of the thirty days and ending with the date of payment, interest being at the rate per annum of two percent over the Bank of England Minimum Rate for the time being. If you do not receive express written confirmation of credit terms being offered by The Window Film Company UK Ltd (reviewed at the commencement of each project) assume that standard payment terms apply as detailed above (figure b). All credit accounts will be issued with an agreed credit limit (expressed in writing). In the event that the credit limit issued is reached, payment will be required to clear the balance before further orders are fulfilled. Anyone wishing to set up a credit account will be required complete a credit application form and will be credit checked regularly. The Window Film Company UK Ltd reserves the right to refuse any credit application and also withdraw credit at any time.
2.4 Payment shall be in Sterling or in such currency as we may direct.
2.5 For sales in the UK VAT. will be charged extra in so far as it is not partly or wholly included already in the contract price but is due by law, whether on this sale or the services hereunder or on the purchase of any goods or services comprised in the goods, hereby sold or the services here under. If the Buyer is prohibited, by operation of law, from making payments in full without deduction then payment shall be increased to ensure after such deduction of or payment of such taxes, duties, fees or other charges (and after payment of any additional taxes or other charges due as a consequence of such increase) the Company receives a sum equal to the sum the Company would have received and to which it would have been entitled had no such deduction or payment been required
3. Cancellation
If an installation is cancelled/postponed within 24hrs of the agreed date of installation The Window Film Company UK Ltd reserves the right to apply charges to cover, labour, materials, design work and travelling time (Minimum charge £245 + VAT).
4. Extra Cost
Should we incur extra cost owing to the suspension of the work by your instruction or lack of instruction or to interruption, alteration, delay, mistakes or work for which we are not responsible, such extra cost including the cost incurred by working overtime or unusual hours or by keeping any of our applicators on the site after completion, shall be added to the contract price and paid for accordingly.
5. Access
If you have not made us aware of issues affecting access to the glass/area to be worked on that are not specified in the additional information section of the order confirmation you will be liable for any extra time and associated costs needed to complete the project. If we are unable to complete the project due to this lack of information The Window Film Company UK Ltd reserves the right to apply charges to cover, labour, materials, design work and travelling time (Minimum charge £245 + VAT).
6. Site Unready
It is the customers’ responsibility to provide us with a suitable working environment. Should we arrive on site to complete an installation and the site is not in a fit state to complete the film works (e.g. glass not in situ, unsafe working environment, too dusty, wet putty holding the glass in place etc.) The Window Film Company UK Ltd reserves the right to apply charges to cover, labour, materials, design work and travelling time (Minimum charge £245 + VAT). Similarly, if we arrive on site and are unable to complete all works ordered, charges may be incurred.
7. Bespoke Projects
Upon receiving instruction to proceed with (supply only or supply and install) bespoke projects, any subsequent cancellation or amendment to designs may incur a charge to cover, labour, materials and design work. If any computer-cut or printed graphics are ordered and the job is cancelled or the graphics are not required once on site, a charge will be made for the material as well as any wasted visit charges if applicable. If a job is postponed for more than a calendar month after the Order Confirmation has been received, a charge will be made to cover the cost of labour and materials already incurred. On completion of the job, the balance will be invoiced.
8. Delivery
8.1 Any times quoted for delivery are to date from receipt of a written order and full information enabling us to proceed uninterruptedly; and where, at your request, we agree to make any change in the specification previously agreed, the times shall be adjusted accordingly.
8.2 While we shall use all reasonable endeavours to keep to the times quoted we shall not be liable for failure to do so or bare such costs as are incurred.
8.3 Please note that external installations are weather dependent, and while we will endeavour to install the job on the date agreed, weather conditions may mean this isn't possible. If this is the case, an alternative install date shall be agreed as soon as possible.
9. Advertisements
All descriptions and illustrations contained in our literature, price lists and other advertising material are intended to give an accurate description of our products and services. The material contained within this matter may change and The Window Film Company UK Ltd will not accept any responsibility for matters arising from such changes. Any information contained within this material shall not form any part of the contract unless specifically incorporates therein.
10. Technical
Due to the nature of window film, technical difficulties may occur with glass when film is adhered. It is the responsibility of the client to assess and consider the suitability of each product for its intended use. The Window Film Company UK Ltd will endeavour to supply all necessary information relevant to specified glazing systems. The Window Film Company UK Ltd cannot accept responsibility or blame for any glass related problems unless it has specified, in writing, the particular use of any one film given the glass type and conditions.
11. Complaints
Any right the client may have to reject our products as not complying with the contract must be exercised within seven days of delivery or, where our quotation provides for application, within twenty eight days of completion and on the expiration of that time such right shall lapse.
When products are applied by ourselves we will abide by the manufacturers recommended curing times and base such claims against this. We will abide by the International Window Film Association guidelines for Film inspection. When ‘snags’ are checked but found to be within scope of the Glass & Glazing Federation guidelines a wasted visit will be applicable (Minimum charge £245+VAT).
12. Ownership
Unless otherwise stated, in writing by one of the Directors of The Window Film Company UK Ltd, ownership of The Window Film Company UK Ltd products remain with The Window Film Company UK Ltd until all goods are paid for in full. We lay claim to repossess any such unpaid goods as we deem necessary and this will be done at the discretion of the Directors. The Window Film Company UK Ltd reserve the right to claim all or any legal fees incurred in recovering monies owed to it.
13. Price Adjustment
The price is based upon the cost of material, labour, transport and of conforming to statutory obligations on the date of quotation or Purchase Order and if between that date and the completion of the work variations, either by rise or fall, occur in those costs then we reserve the right to amend the contract price to provide for these variations. Any additional work requested on the day of installation will be priced and must be agreed in writing before the work is carried out.
13. Guarantee
We shall make good by replacement or, at our option, repair any defect in our products, under proper use and excluding fair wear and tear, arising solely from faults in our materials and which appear within the specified guarantee period (stated on the Order Confirmation if applicable) beginning from the date of invoice; provided that in the case of goods not of our manufacture you are entitled only to such benefits as we may be able to recover from the manufacturers thereof.
13.1 Warranties and installation guarantee. We pass on the manufacturer's warranty applicable to the materials supplied. This warranty is limited to the provision of replacement materials where a manufacturing defect is identified and approved under the manufacturer's terms.
In addition, we provide a 12 month installation guarantee covering our workmanship. if any issues arise within 12 months of installation that are directly attributable to defective or poor installation, we will rectify the issue and fully refit any affected areas at no additional cost.
14. Liability
14.1 Our products, advice and services are sold upon such terms that neither we nor our servants shall be liable in contract tort or otherwise for any personal injury or for any loss or loss of production or damage (howsoever such loss or loss of production or damage is caused) suffered by you or any other person and arising out of or in connection with the design, manufacture, sale, delivery and installation (or failure or delay in delivery or installation), stoppage, repair, or adjustment or the use thereof or services in connection therewith and you shall indemnify us and our servants against any claims on respect of any such injury, loss or loss of production or damage. For the purposes of this clause we contract on our behalf and on behalf of and as Trustees of our servants. Without limiting the generality of the foregoing, we shall not be liable for any loss of profits, increased cost of working, loss of production or any loss or damage to any material in the course of being processed by our products or services.
14.2 These Conditions of Sale define the whole of our liabilities and shall exclude and be adopted in place of (1) any condition or warranty implied by statute, common law or trade usage: (2) any other condition or warranty unless it is accepted by The Window Film Company UK Ltd in writing signed by, or with the express authority of one of our Directors, and (3) any express or implied condition or warranty whether collateral or otherwise.
15. Law
The contract shall in all respects be construed and operate as an English contract in conformity with English law. The Window Film Company UK Ltd are not responsible for any laws outside the United Kingdom controlling the quality, marketing, labelling, safety and use of goods whatsoever arising from or caused directly or indirectly by the goods in our quotations.
TERMS AND CONDITIONS: SUPPLY ONLY
Goods means the window films, spots or other products manufactured or supplied by The Window Film Company and the subject of the order made by You.
You and Your means the person ordering Goods from The Window Film Company.
The Window Film Company or We or Us or Our means The Window Film Company UK Ltd trading as The Window Film Company UK Ltd whose registered office is at Unit 6, Anglo Business Park, Asheridge Road, Chesham, Buckinghamshire, HP5 2QA.
Our enquiry line means the telephone number showing at 01494 794477.
1. Our Contract
A legally binding contract with You will only arise once The Window Film Company has received payment for the Goods in full from You.
2. Price
2.1 The price for any Goods ordered by You will be the price shown at the time You place Your order and will include all taxes applicable from time to time.
2.2 Delivery charges within the UK are shown at the time You place Your order. Delivery to locations outside of the UK mainland and to some areas of Scotland and Northern Ireland will be made only with Our express prior agreement and additional delivery charges may be payable in that event. If You require delivery outside of the UK mainland You are advised to contact Us on Our enquiry line or by E-mail in advance of placing Your order. If there is any change in the delivery charge payable We will notify You before Your order is accepted by Us.
2.3 Subject to clause 6, We will bank cheques when We receive Your order or as soon as reasonably practicable thereafter. Any cheques which do not clear will result in Your order being suspended, pending monies clearing. Should this situation arise, We will advise You in writing. In these circumstances, delivery dates may well fall outside of Our stated delivery commitment.
3. Right for you to cancel your contract
You cannot change or cancel Your order if the Goods You have ordered are manufactured, measured or custom-made to Your requirements or specifications as these Goods will not be re-saleable by Us. For non-bespoke Goods (film by the metre) We regret that once Your order has been accepted by Us in relation to such Goods and entered on Our manufacturing process,
We are unable to accept any changes to these Goods or cancellation of Your order without levying a handling charge (see below). If prior to delivery You do wish to change Your order or cancel it after We have accepted it, please contact us as soon as possible on Our enquiry line or by E-mail and we will try to assist you.
Our acceptance of cancellation of Your order will be subject to retention by Us of a handling charge equal to 30% of the price paid for these Goods. The balance of the price paid will be reimbursed to You within 30 days of notification of cancellation.
4. Cancellation by us
4.1 We reserve the right to cancel Your order if We have insufficient stock to deliver the Goods You have ordered, if the design You have chosen is not available in the dimensions You have provided, if You require delivery outside the United Kingdom, or if one or more of the Goods You ordered was listed at an incorrect price due to a typographical error or an error in the pricing information made by Us and/or received by Us from Our suppliers.
4.2 If We do cancel Your order We will notify You and will refund your payment as soon as possible but in any event within 30 days of Your order. We will not be obliged to offer any additional compensation for disappointment suffered.
5. Stock Shortages
If the Goods You order are unavailable We will notify You as soon as possible and suggest a suitable replacement.
6. Product Descriptions and Measurement
6.1 The product information and photographs contained within Our website are provided for illustrative purposes only and We cannot warrant that they are accurate. If You are in any doubt as to the precise nature of the product You wish to order, You are advised to order samples. Please note, samples of bespoke patterns are not available, in these instances we will provide a sample of the material used. Details of how to do this can be found on Our website.
6.2 As the Goods You order are manufactured according to the design and measurements You provide in Your order, it is very important that Your order is accurate in this respect. We cannot accept the return of Goods by reason of the design or measurements You provided being incorrect. We recommend that You contact Us by telephone or by E-mail if You would like guidance on how to take the required measurements accurately.
6.3 Whilst every attempt will be made by The Window Film Company UK Ltd to ensure that the Goods sold and delivered match in every respect any sample or description shown or given or sent to You, any minor or immaterial variation or change in colour or pattern between the sample or description and the Goods delivered shall not entitle You to reject the Goods nor to claim any compensation for such variation or change.
7. Delivering your goods
7.1 If orders are placed prior to 1.00 pm Monday-Friday, we will endeavour to send these the same working say. This is an aim, not a guarantee - on occasion events outside our control may prevent us from despatching orders the same working day. Orders placed on Saturday or Sunday will be sent the next working day. Courier deliveries (those not delivered by Royal Mail) will need to be signed for, and it is Your responsibility to be available to receive the Goods. In the event of 2 failed delivery attempts, extra delivery cots may be charged to You.
7.2 Ownership of, and risk in, the Goods will pass to You once they have been delivered to You. If You return the Goods under clauses 3 or 8, ownership of, and risk, in the Goods returned will pass to Us on receipt of the Goods by Us.
7.3 Any claim for non-delivery of Goods must be made within 14 days of an Order being placed.
8. Installation of goods
8.1 Our fitting instructions will be included with Your delivery. We recommend that You read these fully before starting to fit Your Goods. If You have any questions about fitting please contact Us on Our enquiry line or by E-mail.
8.2 The Window Film Company UK Ltd will not be held responsible for any problems encountered in installing Your Goods.
9. Defective goods
9.1 If Your Goods are defective on delivery, You are entitled to return them to Us provided You have first contacted Us by telephone, E-mail, or in writing as set out in the Contact Details section of Our website and We have agreed that the Goods should be returned to Us. Any claim of Defective Goods must be made within 14 days of delivery of the Goods. The Goods should be returned to Us in the packaging they were received in and securely sealed. If in doubt, please contact Us by telephone or by E-mail for guidance on how to pack Your Goods for return. Any requests to return defective Goods must be made within 14 days of delivery of the Goods.
9.2 If on receipt by The Window Film Company UK Ltd it appears that the Goods are defective, We will promptly arrange to deliver replacement Goods free of charge or, if You request, a full refund of the price of the defective Goods.
9.3 The rights You have under clauses 9.1 and 9.2 above do not limit Your statutory rights as a consumer.
10. Representations
No statement, description, or recommendation contained in any catalogue, price list, advertisement, communication, the pages of Our website or by any employee or agent of The Window Film Company UK Ltd shall be interpreted so as to enlarge, vary or override in any way any of these terms and conditions.
11. Events beyond our control
We shall have no liability to You for any failure to deliver Goods You have ordered or for any delay in doing so or for any damage or defect to Goods delivered that is caused by any event or circumstance beyond Our reasonable control including without limitation, third party default, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
12. Invalidity
If any part of these terms and conditions is unenforceable (including any provision in which We exclude Our liability to You) the enforceability of any other part of these conditions will not be affected.
13. Privacy
We are fully committed to protecting Your privacy and will not disclose Your information to third parties.
14. Third party rights
Except for Our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
15. Governing Law
This contract is subject to English law and the exclusive jurisdiction of the English courts.