1. THESE TERMS
TERMS & CONDITIONS
1.1 What these terms cover. These are the terms and conditions on which we supply products to you.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
Who we are. We are Express Bi-folding Doors Limited, company registration number 06177269 registered office Unit 23-25 Millshaw Park Lane, Millshaw Park Industrial Estate, Leeds, LS11 0BL, registered VAT number 905 1668 29.
How to contact us. You can contact us by telephoning our customer service team on +44 (0) 113 286 9191 or by writing to us at our address above, or by email to firstname.lastname@example.org.
2.1 How we may contact you. If we have to contact you we will do so by telephone / text message or by writing to you at the email address or postal address you provided to us in your order.
2.2 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 How we will accept your order. Our acceptance of your order will take place after we have carried out a survey of the installation site and we tell you that we are able to supply and install the product (or supply only where you are making your own arrangements for installation) and agreed the price. We will provide you with a written Confirmation of Order, at which point a binding contract will come into existence between you and us. If there is any inconsistency between these terms and our Confirmation of Order, the Confirmation of Order will prevail.
3.2 If we cannot accept your order. If we are unable to accept your order, we will let you know. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a condition that you have specified.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we send our Confirmation of Order. It will help us if you can tell us the order number whenever you contact us about your order.
4. OUR PRODUCTS
4.1 Products may vary slightly from their pictures. The images of the products on our website and other marketing material are for illustrative purposes only and do not form part of our agreement. We cannot guarantee that they reflect the colour of the products that will be delivered to you. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Changes in lighting will affect how our products appear. Your product may vary slightly from those images.
4.2 Making sure your measurements are accurate – supply only contracts. If we are making the product to measurements you have given us you are responsible for ensuring that these measurements are correct. We strongly recommend that you allow one of our surveyors to inspect your property to confirm measurements and specification of the products and that you use our professional in-house installation service. We do not accept liability for any fault caused by any error or omission by you having undertaken any installation yourself or through a third party, and you will be liable for any costs arising from you having provided us with incorrect measurements or specifications to us.
5. QUALITY OF OUR PRODUCTS
5.1 We give the following guarantees on our products:
(a) Aluminium Products – Aluminium frames are guaranteed against distortion and joint failure for 10 years from the date of delivery or installation.
(b) Glass – Glass sealed units are guaranteed against failure of hermetical seals (i.e. misting between panes) for 10 years from the date of delivery (except glass with Uniblinds, see clause 5.1 (c)). This guarantee does not cover glass breakage after installation, which is at your risk.
(c) Uniblinds – Uniblinds are guaranteed against defects for a period of 5 years from installation. Any glass units that contain Uni-blinds will only be subject to a 5 year guarantee and the glass guarantee will be superseded by the Uniblind guarantee.
(d) Glass sealed units are not covered by nickel sulphide inclusions and damages as a result.
(e) We follow guidelines set out by the Glass and Glazing Federation (GGF) and CERTASS for quality and clarity of glass and these guidelines are deemed to be included in our agreement.
(f) 8MM glass units are not covered by the domestic glazing visual guidelines, this is covered under commercial visual standards as 8mm glass is considered a commercial product.
(g) Flex or deflection in glass units is to be expected, and even instances of 30mm – 50mm of deflection is deemed safe and normal for some larger glass units. Express will not be at liberty to replace deflecting glass units unless it is agreed with our supplier that the unit is beyond the normal or safe standards.
(h) Insert panels within our XP77 Front doors are only covered by a 5 year guarantee. They need to be frequently cleaned with the panel surface receiving warm soapy water (washing up liquid is suitable) and wipe dry softly with a soft cloth.
(i) Stainless steel products are guaranteed for 10 years provided you clean and maintain them in accordance with our recommendations. See clause 8.2(c) below.
(j) Certass – Where the products we install are replacement doors and/or windows, we will issue a Certass building control certificate (England and Wales only) under the Certass Competent Person Scheme. Certass building control certificates do not apply to products installed in new buildings, new extensions, new openings in existing buildings, or buildings in Scotland.
(k) Where the products we install are replacement doors and/or windows, an insurance backed guarantee may be provided by QANW. This will cover glass sealed units for a period of 5 years and any moving parts for a period of 2 years. Any Frames and door panels will be covered for 10 years.
(l) When replacing glass units under guarantee we will do so on a like for like basis. If an exact replacement is no longer available, we will supply the nearest equivalent available. Due to the natural coatings changing from time to time there may be shade or colour variations in replacement units.
(m) Our guarantee does not cover the cost of specialist handling or lifting equipment needed to replace products under guarantee in cases where the need arises because access to the site has become more difficult since installation, or if specialist handling or lifting equipment was used during the original installation.
(n) Powder Coating – Our powder coated products (excluding pressings), are guaranteed for a period of 10 years period for paintwork, against fading or corrosion. We follow the guidelines set out by Qualicoat (14th edition) for the quality of our powder coating.
(o) Express use RAL ‘Classic range’ codes to identify colours used in paint. RAL codes can be the same across different
manufactures and there may be shade or colour variations. Express can provide samples of our RAL colours, however these may also have subtle variations from the actual final product and are indicative only. When trying to match up to other products supplied by third parties, Express cannot accept liability if the RAL code is of a different shade.
(p) Express do not cover paint quality on the internal section of the profile which cannot be seen when the product is in a closed position.
(q) We guarantee powder coated products for 5 years against fading and or corrosion where they are installed within 0.5 miles of the sea.
(r) When we are installing powder coated products within 0.5 miles of the sea, we may reduce the guarantee period because the sea air is more corrosive. We will provide details of the guarantee period when we have carried out our survey if applicable.
(s) We cannot guarantee the colour or paintwork quality of the thermal break (plastic polyamide between aluminium sections), which can be susceptible to colour change, paint flaking over time or lack of powder coating during the paint finish. The colour or paintwork on the thermal break cannot be altered post powder coating.
(t)It is your obligation to regularly maintain and clean the stainless-steel elements of products supplied to you, to maintain their appearance. A lightweight cloth or nylon brush should be used. At no time should any scouring brush or abrasive be used on any product as this may damage or scratch the stainless steel.
(u) Where stainless steel is sited near to the sea or in an area where there is heavy atmospheric dirt and or traffic film should receive more regular cleaning, otherwise brown staining may appear on the stainless steel.
(v) If regular cleaning is not carried out, our quality guarantee will be void. Dependent on the product, it is possible that the discoloured stainless- steel item cannot be replaced, and the complete product would need to be replaced to restore the original appearance. In these circumstances we will only be able to replace the product on payment of the prevailing market price.
(w) When products are purchased on a supply only basis, locking mechanisms and hinges, and other moving parts, are guaranteed for 12 months from the date of delivery. Cosmetic deterioration of handles, letter plates, and other fittings. due to normal wear and tear is not covered by our guarantee.
(x) We will replace or repair (at our option) any faulty components and remedy any labour faults, for a period of 10 years from installation providing that the products have been maintained in accordance with your Express Bi-Folding Doors product manual.
(y) If we reasonably consider that defects have arisen through failure to maintain the product in accordance with your product manual, we reserve the right to charge you a call out and labour fee together with the cost of replacement components required.
(z) Express bi-folding doors accept zero tolerance for steel deflection. If we reasonably consider that defects have arisen through deflection of steelwork above our products, then we reserve the right to charge you a call out and labour fee together with the cost of replacement components required.
6. LIFTING AND HANDLING EQUIPMENT
6.1 You should let us know when you give us your order if you consider that a crane or other lifting equipment is needed to install our product at your site. Our quotation will not include the cost of handling or lifting equipment unless you discuss it with us. When we carry out a site survey we will be able to identify if such equipment is needed. We can’t specify the cost of such equipment before survey and if such equipment is needed for installation we will discuss the cost with you after survey and agree it with you before we issue Confirmation of Order.
6.2 We accept no responsibility for lifting and/or handling equipment used to move or install our products, unless it belongs to us or has been hired by us.
6.3 We accept no liability for any damaged caused to our products by using lifting and/or handling equipment.
7. CHANGES TO YOUR SITE OR BUILDING AFTER SURVEY OR SPECIFYING THE SIZE OF THE PRODUCTS
7.1 When we carry out our survey we measure the size of the openings into which our products are to be installed, so that we can make our products to fit.
7.2 Where you are carrying out building work that affects the installation it is your responsibility to ensure that you construct the openings to suit the products you order with us, as advised in the survey information provided to you.
8. GUARANTEE CLAIMS
8.1 All guarantee claims should be notified to us in writing at email@example.com. You should do so promptly and in any event within
7 days of noticing the problem.
8.2 All warranties and guarantees are given subject to the following conditions:
(a) We must have received full payment for the products;
(b) In respect of the warranties at 5.1(a), 5.1(b) and products with stainless steel fittings, we must have installed the Goods, and in respect of the other warranties either we or a professional installer must have installed the Goods following the manufacturer’s recommendations;
(c) You must have used and maintained the products in accordance with the manufacturer’s instructions (Operating and Maintenance Guide) where supplied, and not altered the Goods;
(d) You must have completed and returned any policy registration form, or other warranty-related document, we have supplied for you to complete and return (if applicable);
(e) We shall be under no liability in respect of any defect in the Goods arising from any drawing, design or specification supplied by you;
(f) We shall be under no liability in respect of minor imperfections or cosmetic deterioration, caused by normal wear and tear, or environmental factors.
8.3 You should seek advice from us before attempting to attach devices or fittings (such as a home alarm) onto or around products.
8.4 All warranty claims should be notified to us in writing, such notice should be given promptly and in any event within 7 days of the claim becoming apparent.
8.5 The above warranties are in addition to your legal rights in relation to services which are not carried out with reasonable skill and care or which otherwise do not conform with these terms. Where you are entering into this Agreement as a domestic and private consumer, advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
8.6 These terms apply to any replacement products we supply to you in the unlikely event that the original products do not conform with these terms.
9. TRANSFER AND EXTENSION OF PRODUCT GUARANTEE
9.1 Your product guarantee is transferable on sale of your property to the new owner upon receipt of proof of the property transfer and payment of our prevailing charges detailed below, all transfers are subject to a site inspection to confirm product has been maintained properly. Once signed off the new user will receive a maintenance guide and maintenance pack. In line with GDPR written permission from the existing guarantee holder will be required
Charges for guarantee transfers are wholly dependent on total contract value;
£250 +VAT – Site inspection charge (On all transfers)
£350 +VAT – Contract value £0 – £9,999.99
£700 +VAT – Contract value £10,000.00 – £24,999.99
£1250 +VAT – Contract value £25,000+
9.2 When your product guarantee expires, you may be able to extend it after we have carried out an inspection and service of the product. Please contact us for further information…
10. OUR RIGHTS TO MAKE CHANGES
10.1 Minor changes to the products. We may change the product without notice:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements. These changes will not affect your use of the product.
10.2 More significant changes to the products and these terms. If we have to make significant changes to these terms or the product, we will notify you and you may then contact us to end the contract and receive a full refund before the changes take effect:
11. PROVIDING THE PRODUCTS
11.1 Delivery costs. The costs for delivery are included in the price that we confirm to you when we issue with Confirmation of Order.
11.2 When we will provide the products. During the order process we will let you know when we will provide the products to you.
11.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
11.4 Collection by you. If you are a supply only customer and have asked to collect the products from our trading address, we will advise you when you can collect the products from us during our working hours of 9:00am to 5:00pm on Mondays to Fridays.
11.5 If you are a supply only customer collecting the products from our trading address, it is your responsibility to load your vehicle, unless otherwise specifically agreed. The products are at your risk from commencement by you of the loading process.
11.6 If you are not at home when the product is delivered. If no one is available at your address to take delivery, we will leave you a note that the products have been returned to our premises, in which case, please contact us to rearrange delivery. Please note that there may be a charge for redelivery.
11.7 Restricted Access. Our products are heavy and may be delivered on a large vehicle so it is important that you advise us of details of any restricted access (e.g. narrow drive/overhanging trees/uneven surfaces such as gravel or cobbles and parking restrictions etc.) before delivery so that the most suitable delivery vehicle can be used for your delivery. If you do not provide such information to us, we may not be able to deliver the product to the address given to us by you and the product may have to be returned to our premises, in which case you may have to pay our reasonable charges for storage and/or rearranged delivery.
11.8 Parking Charges. If you live in an area with restricted parking, please be advised that it is your responsibility to provide a permit or a parking space for our installation teams or provide payment for a parking meter during the installation period.
11.9 Installation appointment cancellation/ postponement. If you wish to postpone your installation from a previously agreed date, we must receive 7 full working days’ notice that you wish to abort the installation otherwise we reserve the right to apply cancellation charges.
11.10 Onsite attended failed installation. If Express bi-folding doors Limited attend your site and for whatever reason we cannot install your products on the scheduled installation date then we reserve the right to charge a failed installation charge, this charge will be calculated considering any significant factors and costs that Express bi-folding doors Limited may incur. Where a failed installation takes place the failed installation charge & any final balance due is required to be paid in full prior to our re attendance.
11.11 Lintels / steel support. During installation we may find that lintels/ support is missing or inadequate, when this occurs it is your responsibility to install correct supports as per building regulations. We may have to pull off site in these circumstances and cannot be held liable for any delays in returning once the building works have been completed.
11.12 Brickwork removals by Express bifolding doors. Where we remove brickwork as part of our installation, we do not cover any electrical or plumbing works to accommodate the installation. Express also do not cover the replacement of skirting boards or making good any flooring or floor covering.
11.13 Alarm & other cables. We cannot take any responsibility for any disconnection or reinstallation of any cabling running into or through an aperture.
11.14 Internal and external finishing’s. Any internal or external finishing’s including but not limited to render, plaster and painting are not the responsibility of Express bi-folding doors Ltd unless specified in writing on the survey report. Any making good works are the responsibility of the customer. When Express bi-folding doors Ltd do make good internal or external finishing’s, these are not covered by any part of our guarantee.
11.15 Snagging/ remedial visits. We may require access after the initial installation to complete remedial or snagging visits to complete installations. During these visits, Express will need reasonable access on site but we will confirm appointments with you prior to attendance.
11.16 Unloading – supply only customers. Where we have agreed to deliver the products they will be placed at the nearest safe point to the delivery address. This may be on the drive or kerbside. Unless we agree otherwise, it is your responsibility to arrange for someone to be at the delivery address with suitable handling equipment when the product is delivered. If you do not, the product may have to be returned to our premises and you may have to pay our reasonable charges for storage and/or rearranged delivery.
11.17 If you do not re-arrange delivery. If you do not collect the product from us as arranged or if, after a failed delivery to you, you do not re- arrange delivery or collect it from us we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 13.2 will apply.
11.18 When you become responsible for the product. The product will be your responsibility from the time we deliver the product to the address you gave us or you or a carrier organised by you collect it from us.
11.19 When you own goods. You own a product once we have received payment in full.
12. YOUR RIGHTS TO END THE CONTRACT
12.1 You can always end your contract with us for supply of a product before it has been delivered and paid for. You may contact us to end your contract for a product at any time before you have paid for it and we have delivered it, but if you end it without good reason, you are likely to have to pay us compensation, as described below. You always have rights where a product is faulty or misdescribed (see clause 15).
12.2 What happens if you have good reason for ending the contract. If you are ending the contract for a reason set out at (a) to (b) below the contract will end immediately and we will refund you for any products which have not been provided. We reserve the right to deduct from any refund any incurred admin, site survey or material costs that the company may have already incurred.
The reasons are:
(a) We have told you about an upcoming change to the product or these Terms which you do not agree to;
(b) There is a risk that supply of the product may be significantly delayed because of events outside our control;
12.3 What happens if you end the contract without good reason? If you are not ending the contract for one of the reasons set out in clause 12.2, then the contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund reasonable compensation for the net costs we will incur as a result of your ending the contract. If we have manufactured your bespoke product when you end the contract, we will find it very difficult to sell your product on the open market for an amount that comes close to compensating us for our losses. Where the contract is ended without good reason we will investigate each case in its own merit but may look to seek up to 100% of the order value13.
OUR RIGHTS TO END THE CONTRACT
13.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products made to your order;
(c) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us;
(d) you do not, within a reasonable time, provide us with the information necessary for us to redeliver the products to you, as set out in clause 11.14.
13.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 13.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract. Such compensation will include any loss we suffer in reselling the products, together with storage, interest and other costs that we incur.
14. IF THERE IS A PROBLEM WITH THE PRODUCTS
14.1 How to tell us about problems. If you have any questions or complaints about the products, please contact us. You can call us or tell us in writing using the contact details at the beginning of these terms. Alternatively call and see us at one of our showrooms.
14.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your product is goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected life of your product your legal rights entitle you to the following:
• up to 30 days: if your item is faulty and can’t be repaired or replaced, then you can get a refund.
• up to six months: if your faulty item can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
• up to six years: if the item can be expected to last up to six years you may be entitled to a repair or replacement, or, if that doesn’t work, some of your money back.
• If your product is services, for example installation of your products, the Consumer Rights Act 2015 says:
• you can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.
• if you haven’t agreed a price upfront, what you’re asked to pay must be reasonable.
• if you haven’t agreed a time upfront, it must be carried out within a reasonable time.
14.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, deliver them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please let us know by calling us or telling us in writing using the contact details at the beginning of these terms so we can arrange collection.
15. PRICE AND PAYMENT
15.1 Where to find the price for the product. The price of the products (which includes VAT, installation and delivery) will be provided to you by our staff when we send you the results of our survey and before we issue a written Confirmation of Order.
15.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
15.3 When you must pay and how you must pay. We accept payment by debit card, Mastercard and Visa. When you must pay depends on what product you are buying. We will not charge your credit or debit card until the due date for payment. We will charge your card with:
(a) 30% of the estimated total order value when you give us your order:
(b) 65% of the price 7 working days before installation of the products; and
(c) 5% upon completion of the installation.
(d) Supply only orders – 30% of the total order value when you give us your order and 70% before delivery or collection.
15.4 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 5% a year above the base lending rate of Barclays Bank plc from time to time, but if the base lending rate is 0% or
below, we will charge interest of 5%. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
15.5 Energy surcharge levy. An energy surcharge of £9.50 +VAT, this is a compulsory levy on glazing products.
15.6 What to do if you think an invoice is wrong. If you think an invoice is wrong, please contact us promptly to let us know and we will not charge you interest until we have resolved the issue
15.7 For reverse VAT purposes, we will assume that you the customer are an end user or intermediary supplier unless you advise us in writing that you are not.
16. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
16.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
16.2 When we are liable for damage to your property. If we are providing services in your property, we will make good any damage to your property caused by us while doing so excluding internal and external finishing’s and/or decoration see clause 11.12. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
16.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
17. HOW WE MAY USE YOUR PERSONAL INFORMATION
18. OTHER IMPORTANT TERMS
18.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
18.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee, subject to payment of the transfer fee). For further details see clause 9.1.
18.3 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
18.4 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
18.5 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.