“TailorMade” means TailorMade Windows, Doors, Fascias & Conservatories; “You” means the person, firm or company to whom a Purchase Order is addressed or whose order is accepted by TailorMade, “the Goods” means the Goods referred to in the Purchase Order or order, “The Delivery Address” means the property at which the Goods are to be installed; “the Contract” means the Contract between TailorMade and You incorporating these terms and conditions; “Terms and Conditions” means these conditions of sale together with all other terms and/or conditions set out on the Purchase Order; the “Purchase Order” means the document to which these Terms and Conditions are attached.
All prices quoted by TailorMade are based upon these Terms and Conditions and reflect the limitation upon TailorMade liability which they contain. Should You wish to Contract with TailorMade other than on the terms of such Conditions of Sale special arrangements can be made and a revised price quoted by TailorMade.
The absence of any such special arrangement (which shall not bind TailorMade unless made in writing and signed on TailorMade’s behalf by are person duly authorised for the purpose) all quotations and all Contracts made by TailorMade in respect of the sale and installation of the Goods and any changes made to those quotations and Contracts shall be subject to these Terms and Conditions in place of any other terms or conditions proposed by You or printed on Your stationery.
No agent or salesman of TailorMade has authority to give any guarantee or warranty on behalf of TailorMade or to transact business other than on the (un-amended) form of these Terms and Conditions.
A Contract will only be created when a purchase order is signed by You and accepted by TailorMade.
Any special terms of Your Contract with TailorMade shall be set out on the purchase order and (unless expressly referred on the purchase order) all other correspondence or oral communications between You and TailorMade shall not form part of the Contract.
Any changes to the terms of Contract shall be agreed by TailorMade and You and set out on TailorMade order variation form and shall not be binding on either party until signed by TailorMade and You.
All drawings, brochures, descriptive matter, price lists or advertisements, whether or not supplied with these terms and conditions, and approximate only, are intended merely to give a general idea of the Goods and shall not form part of the Contract.
The Price of the Goods shall be set out by the TailorMade purchase order.
If TailorMade sends a quotation or tender to You it will accept orders which are received within the time limit set out in that quotation or tender, at the price stated in that quotation or tender.
The price of the Goods shall be subject to the addition of the value and/or other applicable Taxes.
Any increase in costs or expenses arising from any changes to the Contract requested by You, or any act or omission or any special requirements of You may at TailorMade’s option, be charged to You.
Should You, after the date of the Contract, make (or change with another person or company to make) any alterations at the Delivery Address which TailorMade consider will result in change being required to the Goods, TailorMade may, at TailorMade’s option, charge any resulting increase in the cost or expenses to You.
Make changes to the Goods by substitution of items of similar or improved quality of TailorMade’s policy of continual improvements of its products.
Substitute other components or materials of equivalent strength when the components or materials specified are not available; and
Cancel the Contract in accordance with clause 7.1 if modification to the Goods becomes necessary for the statutory safety or security reasons.
The Contract is subject to a survey of the Delivery Address by TailorMade’s surveyor, which will be carried out at a time and date convenient to You.
TailorMade strongly recommend that You obtain an independent structural survey of the Delivery Address before installation of the Goods if the Delivery Address is an old property or if building work (such as an extension) has been carried out at the Delivery Address or if You have any doubts at all about the structural integrity of the Delivery Address. You should note that TailorMade may cancel the Contract under clause 9.5 if any hidden defects become apparent after the date of the Contract.
The Contract is subject to the survey of the Delivery Address by TailorMade’s surveyor referred to in clause 6. Following the survey should TailorMade consider that the Goods cannot properly be installed at the Delivery Address TailorMade may at any time prior to installation of the Goods cancel the Contracts without TailorMade incurring any liability to You other than to return to You any deposit, survey fee or other monies paid by You to TailorMade. TailorMade will use all reasonable endeavours to notify You, in writing, as soon as possible after the survey if the results of the survey are such that TailorMade considers it necessary to cancel the Contract.
If You fail to pay any amounts due from You to TailorMade on the due date for payment, or if You have a receiving order in bankruptcy made against You, or make any arrangement with Your creditors, or if You are a company and You have receiver appointed or if any order should be made or any resolution passed for winding You up, TailorMade may, in addition to its other rights demand immediate payment by You of all unpaid amounts due from You at the date except those amounts relating to the costs not already incurred by TailorMade and suspend or cancel the order without any liability to You.
If, under clause 2.3 of these Terms and Conditions agreement cannot be reached between You and TailorMade in relation to the Terms of an order variation within 21 days of the identification of the requirements for an order variation, then TailorMade may cancel the order by giving written notification of the cancellation to You.
If the Contract is entered into by You for cash or cheque payment during a visit by TailorMade to Your home or the home of another person or to Your place of work, at Your requested (e.g. in response to radio, TV, internet or press advertisements), then You have seven days to cancel, without penalty, the Contract in accordance with the procedures outlined on the cancellation form on the purchase order.
If the Contract is entered into by You for cash or cheque during a visit made otherwise than at Your request by TailorMade to Your home, or the home of another person or to Your place of work, then You have seven days to cancel the Contract, without penalty, in accordance with the procedures outlined on the cancellation form on the purchase order.
If the order is entered into by You for cash or by cheque on TailorMade’s premises, then You have seven days to cancel the Contract, without penalty, in accordance with the procedures outlined on the cancellation form on the purchase order.
If the Contract is cancellable and You cancel the Contract, money You have paid (including any deposit or survey fee) will be returned to You. You will not have to make any further payment. If You already have any Goods under the Contract, You should not use them and should keep them safe (legal action may be taken against You if You do not take proper care of them). You can wait for them to be collected from You and You need not hand them over unless You receive a written request from TailorMade that You do so. If You wish, however, You may return the Goods Yourself. You will not, however, be required to hand back any Goods supplied to meet an emergency and which have already been installed, but You will be liable to pay TailorMade for emergency Goods and/or services, or for any Goods which have been installed by You or someone else acting on Your behalf.
If, after reading this clause 8, You are at all unsure of Your rights and obligation under the Contract, You should contact TailorMade on 0118 9836018 / 07881 962964 or email firstname.lastname@example.org
You will provide reasonable access to the Delivery Address to enable TailorMade to install the Goods as soon as reasonably practicable after You are advised by TailorMade that the Goods are ready for installation. If an appointment for reasonable access has not been fixed within 14 days of TailorMade advising You that the Goods are ready or if installation of the Goods is delayed due to Your fault, You must pay the balance of the purchase price immediately and TailorMade shall be entitled to put the Goods into storage and charge You for the costs of storage and the costs of any damage to the Goods while in storage. If, at the end of 21 days from the date when the Goods are placed into storage, You have failed to agree a date for installation of the Goods, or if three installation appointments have been cancelled by You, then TailorMade will be released from its obligations under the Contract, and may dispose of the Goods in any manner which it sees fit.
You will be responsible for clearing the area where the Goods will be installed of any objects (including furniture and soft furnishing which could be damaged during the installation of the Goods). You will also be responsible for removing any curtains, blinds, shades and curtain rails and also for ensuring that the area (and any furniture) is properly covered with dust sheets.
TailorMade will take all reasonable care during the installation of the Goods. However, by its very nature the process of installation of replacement windows and doors may cause some damage to internal or external decoration and TailorMade shall not be responsible for damage to internal or external decoration, or to any other items in the immediate vicinity of the installation, caused by the installation of the Goods. In addition TailorMade will not be responsible for re-fitting blinds, shades, curtain rails. You should note that no guarantee can be given that Your old windows or doors will be removed in one piece.
Unless supplied or approved by TailorMade, TailorMade takes no responsibility for sites or foundations, for any framework or support, for compliance with any local by-laws or Statutory Regulations, or for the fulfilment of any special requirements which You may be bound to observe or fulfil.
If at any time following TailorMade’s acceptance of the Contract any Hidden Defects (as defined in clause 6.3) in the Delivery Address become apparent, TailorMade shall have the right to suspend the performance of the Contract immediately and to require You to repair the Hidden Defects at Your own expense. You shall also pay to TailorMade the price of the Goods less any costs not yet incurred by TailorMade. As soon as reasonably practicable after the Hidden Defects have been repaired, and subject always to the provisions of clause 4.5 of these Terms and Conditions, TailorMade shall complete its obligations under the Contract and You shall pay all other monies due to TailorMade. If the Hidden Defects cannot be repaired then Your liability to TailorMade shall be limited to the price of the Goods less any costs not yet incurred by TailorMade, and upon payment of this amount to TailorMade the Contract shall be deemed to have been fulfilled.
Any time or date given by TailorMade for the installation of the Goods (whether specified in TailorMade’s quotation or otherwise), shall be taken as an estimate made by TailorMade in good faith but shall not be binding upon TailorMade either as a term of the Contract or otherwise. If TailorMade is unable to install the Goods on the date originally given for installation. TailorMade will use all reasonable endeavours to offer You the earliest possible alternative date for installation convenient to You. In no circumstances shall TailorMade be liable for any loss or damage sustained by You in consequence of any delay in the installation of the Goods by TailorMade. Should TailorMade be unable to install Goods within 3 months of the date originally given, then You may cancel the Contract by giving written notice of cancellation to TailorMade, and TailorMade shall refund to You any deposit, survey fee, or other monies paid by You to TailorMade.
You will be responsible for the safety of the Goods and for any damage to the Goods from completion of installation or from the date when goods are placed into storage in accordance with clause 9.1 of these Terms and Conditions, whichever is the sooner.