Terms & Conditions

_{1.0 DEFINITIONS}
_{“Buyer” means the person or company placing the Order with the Seller.}
_{“The Seller” means Caddy Windows Ltd, registered in England & Wales No. 04404519.}
_{“Order “means the instruction placed by the Buyer to the Seller for the supply of goods and/or services and any subsequent Variation.}
_{“Goods” means the frames, glass, parts and components as described in the Order.}
_{“Services” means survey, delivery and installation as described in the Order.}
_{“Installation” means fitting the goods and completing the necessary making good.}
_{“Commencement” means the Seller starting the works as described in the Order.}
_{“Lead Time” means the provisional dates provided by the Seller for delivery, commencement, installation or completion.}
_{“Making Good” means the process of finishing off the installation of the windows and doors internally and externally, usually around the immediate perimeter.}
_{“Working Day” means any day except Saturday, Sunday or public holiday between the hours of 8am to 4pm.}
_{“Variation” means any variation, addition or amendment to an existing Order as evidenced in writing and agreed by both the Seller and the Buyer.}
_2.0 GENERAL
_{2.1 Any Order whether following a quotation, tender or otherwise shall incorporate these Terms and Conditions of Sale. The Seller shall not be bound by any variation, modification of, substitution for or addition to these Terms and Conditions of Sale (even if included in or referred to in the purchase order or other Buyer’s document) except as expressly agreed in writing by The Seller.}
_{2.2 The Seller reserves the right to supply goods with any system in either a sculptured profile (also known as featured or ovolo) or chamfered profile (also known as bevelled) unless specified by The Buyer and is included within the Order.}
_{2.3 The Seller reserves the right to provide any glass, part and/or component specification and/or configuration that they deem sufficient to comply with industry standards and FENSA regulations unless an alternative configuration is specified by The Buyer and is included within the Order.}
_{2.4 All drawings and designs are viewed from outside of the property and are used for illustrative purposes only. Actual colours may vary to images displayed on, but not limited to, drawings, website, literature. All drawings, designs and specification are subject to final survey by The Seller, if any amendments are required for any reason then The Seller will inform the Buyer.}
_{2.5 If the specification and/or drawings are supplied by the Buyer, then the goods will be manufactured, where possible, in accordance with the details provided and the Buyer shall indemnify The Seller against all liabilities, costs, expenses, damages and losses (including any direct or indirect losses, loss of profit, loss of reputation and all interest, penalties and legal and other professional costs and expenses) suffered or incurred by The Seller in connection with any claim made against The Seller.}
_{2.6 If the Buyer accepts any specification and/or drawings provided by The Seller, The Seller will proceed with the Order. Thereafter, a variation will be necessary if the Buyer, for any reason, requires any specification and/or design change/s.}
_{2.7 The Buyer agrees that The Seller is permitted to use cameras whilst in attendance at the property which may be used by The Seller, but not limited to, to assist the surveyors report, training and quality purposes and product images and recordings displayed on The Seller’s website and marketing material.}
_{3.0 QUOTATIONS}
_{3.1 Any estimate or quotation provided by The Seller shall be subject to a detailed full site survey and will be valid for acceptance for a period of 30 days unless otherwise specified by the Seller.}
_{4.0 DELIVERY, COMMENCEMENT & COMPLETION}
_{4.1 Any lead time or date named by The Seller is given in good faith but is intended as an estimate only and the Seller shall not be liable for any loss or damage howsoever arising for any reason including delays with delivery, commencement, installation or completion. The Seller does not accept liability for any claims of consequential loss including direct and indirect loss and the Buyer agrees to this clause and that no compensation will be paid for any reason. During the length of the contract, the Seller accepts no liability for any unforeseen circumstances, including but not limited to, which has not been stated in the specification e.g. removal of window to discover asbestos. The Buyer agrees that The Seller is permitted to display advertising signs for the duration of works.}
_{4.2 The Buyer is required to remove or protect all fixtures and fittings within the proximity of the work area prior to the installation date. The removal and/or reinstallation of all fixtures and fittings are excluded. If for any reason the fixtures and fittings including, but not limited to, curtains and curtain rails are not removed, The Seller may carry out the necessary task including reinstallation but cannot be held liable for any loss or damage howsoever.}
_5.0 ACCESS
_{5.1 Where installation of the goods is included within the order, the Seller requires a continuation of access on consecutive working days to complete the order. If access or the ability to work on any working day is denied on or after the provisional Start Date for any reason, The Seller is permitted to raise and deliver an invoice to the Buyer for any outstanding balance and the Buyer agrees to immediately pay this invoice.}
_{6.0 SCOPE OF MAKING GOOD}
_{Where installation of the goods is included within the order:}
_{6.1 Painting and redecorating is excluded.}
_{6.2 Making good to the immediate proximity to internal plaster reveals within 10cm, where possible, using appropriate building materials, such as plaster, plastic trims and sealant, as deemed necessary at the discretion of The Seller. The Seller reserves the right to use whichever style, size and colour as deemed most appropriate unless specified otherwise and detailed within the Order.}
_{6.3 Making good to the immediate proximity to external reveals within 10cm, where possible, using appropriate building materials, such as render, plastic trims and sealant, as deemed necessary at the discretion of The Seller. The Seller reserves the right to use whichever style, size and colour as deemed most appropriate unless specified otherwise and detailed within the Order.}
_{6.4 Any new building materials applied by The Seller, may appear different in terms of look, colour or finish against the existing materials i.e. where old meets new.}
_{6.5 If internal timber architrave or internal timber window boards are agreed within the Order, unless specified, The Seller reserves the right to use whichever size as deemed most appropriate during installation, such as decorative or flat architrave and internal bull nose timber window boards approved.}
_{6.6 The Seller accepts no liability for any making good outside of this scope. The Seller will discuss any variation with the buyer prior to commencement of additional works.}
_{7.0 INSPECTION}
_{7.1 The Buyer shall inspect the goods on delivery or installation. The Buyer must advise The Seller immediately of any defects or damages and written notice should follow within a maximum of 3 days of the delivery or installation date.}
_{7.2 Any claim for shortages, defects or damages (which fall outside of the guarantee) will not be covered unless identified to The Seller in writing within 3 days of the delivery or installation date.}
_{7.3 An site observation of issues will be carried out by The Seller in accordance with either Glass and Glazing Federation (GGF) guidelines, relevant British Standards or our own guidelines where applicable.}
_{8.0 TERMS OF PAYMENT}
_{The following clauses are applicable for new Buyers and all non-limited companies without agreed account terms:}
_{8.1 The Buyer agrees to release full payment of the goods to The Seller prior to delivery or installation unless alternative payment terms have been specified and agreed by The Seller in writing.}
_{8.2 The Buyer agrees to release the final balance for the fitting services on completion of the installation or sign off by the Seller, unless the installation is taking place in separate agreed phases, in which case the Buyer must release payment for work completed to date on each occasion.}
_{8.3 All goods remain the property of The Seller until payment in full is received.}
_{9.0 TERMS OF PAYMENT – COMMERCIAL BUYERS WITH ACCOUNT TERMS}
_{The following clauses are applicable for limited companies with authorised credit terms with The Seller:}
_{9.2 On delivery of the goods or completion of works or monthly intervals/valuation dates, The Seller will raise and deliver an invoice/application to the Buyer for the works completed, and/or goods delivered to date in proportion to the quotation sum, or as soon as possible thereafter and this invoice/application must be paid within 30 days of the invoice/application date. The time for payment shall be within 30 days of the invoice/application date or as detailed in The Sellers quotation or tender document.}
_{9.3 The Seller understands and will exercise its statutory right to charge interest under the Late Payment of Commercial Debts (Interest) Act 1998 if payment is not received according to the agreed terms. Interest will be calculated on a daily basis from the first Working Day after payment is due.}
_{9.4 The Seller reserves the right to pursue debtors for the recovery of all other costs and expenses including any legal fees and expenses incurred in collecting overdue amounts or otherwise enforcing its rights under these Terms and Conditions.}
_10.0 FENSA
_{Where installation of the goods is included within the order:}
_{10.1 If applicable, The Seller will register the installation with FENSA shortly after the completion date. Certification and guarantee documentation will be forwarded to the Buyer and the Buyer accepts that this process can take up to 8 weeks from the completion date; during this period, the Buyer agrees that they will not withhold remittance to the Seller pending documentation.}
_{10.2 FENSA covers the replacement of external windows, doors, roof windows and roof lights against the relevant Building Regulations in domestic properties on the original footprint of the property where the use or size of rooms have not been altered.}
_{10.3 FENSA does not cover contractual issues, issues outside of Building Regulations, compensation claims, cosmetic issues, new builds, extensions, conservatories, conversions of any type e.g. flat to houses (and vice-versa), commercial premises, planning issues, guarantee issues, listed buildings, external porch areas, detached garages & sheds, caravans & mobile homes, repair work, domestic properties on secure Ministry of Defence sites.}
_{10.4 Any documentation, including but not limited to the FENSA Certificate, can be withheld until full payment has been received.}
_{11.0 NON-PAYMENT/INSOLVENCY}
_{11.1 “Insolvent” means the Buyer becoming unable to pay their debts within the meaning of Section 123 of the Insolvency Act 1986; the levying or the threat of execution or distress on any of their property; the appointment of a receiver or administrative receiver over all, or any part, of your property; a proposal for a voluntary arrangement or compromise between the Buyer and their creditors, whether pursuant to the Insolvency Act 1986 or otherwise; the passing of a resolution for voluntary winding-up, or summoning a meeting to pass such a resolution otherwise than for the purposes of a bona fide amalgamation or reconstruction, the presentation of a petition for their winding-up, or for an administration order in relation to the Buyer. If the Buyer suffer any analogous step or proceedings under foreign law or the Buyer are ceasing or threatening to cease to carry on their business.}
_{11.2 If the Buyer fail to pay the price for any Goods on the due date or fail to pay any sum due to The Seller under any Contract on the due date or the Buyer becomes insolvent or if the Buyer are a limited company or partnership and there is a material change in your constitution or the Buyer commit a material breach of the Contract and fail to remedy that breach, all sums outstanding between the Buyer and The Seller shall become immediately payable, and The Seller shall be entitled to do any one or more of the following (without prejudice to any other right or remedy The Seller may have):}
_{11.2.1 require payment in cleared funds in advance of further deliveries}
_{11.2.2 cancel or suspend any further deliveries to the Buyer under any Contract without liability on The Seller part.}
_{11.3 If The Seller reasonably incur third party costs, such as tracing or debt collection agency costs, or seek to take legal proceedings to enforce The Seller rights as a result of the Buyers breach of the Contract – including but not limited to – recovery of any sums due, the Buyer will reimburse The Seller such reasonable agency costs or legal costs incurred on an indemnity basis.}
_{11.4 Without prejudice to clause 11.3 if the Buyer is acting in the course of a business then in the event of late payment, The Seller reserve the right to claim compensation pursuant to the Late Payment of Commercial Debts (Interest) Act 1998 at the prevailing rate, currently £40 for a debt less than £1000, £70 for a debt of more than £1000 but less than £10,000 and £100 for a debt in excess of £10,000. The Seller reserves the right to charge interest on unpaid invoices from the day after the last day of the agreed credit period as specified under the Terms of Payment until payment is received at a rate of the Bank of England base rate plus 8%. Interest will be calculated on a daily basis.}
_{12.0 RESOLUTION}
_{12.1 If the Buyer is unsatisfied with the goods or installation, then the Buyer must give The Seller the opportunity to investigate and attempt to rectify or resolve the problem as per the Customer Complaints Policy before escalating the complaint to FENSA, Alternative Dispute Resolution (ADR) or legal proceedings.}
_{12.2 For all non-Building Regulations related complaints, The Seller must have the opportunity to investigate and attempt to rectify or resolve the problem as per the Customer Complaints Policy before escalating the complaint to The Glazing Arbitration Scheme (TGAS) providing the complaint has been unresolved for 56 days or more. The Buyer will have to contribute towards the cost as required by TGAS. TGAS Arbitrators conduct impartial reviews of disputes between TGAS traders and their customers and they will make a final decision which is legally binding on both parties.}
_{12.3 For all Building Regulations related complaints, after investigation, if the Buyer does not agree with The Seller’s final response that they have carried out the works as per the Order in relation to compliance with the Building Regulations, the Buyer then has the right to escalate the complaint to FENSA within 5 working days to assess the work at the expense of the Buyer. The Buyer must inform The Seller of the appointment date and time with FENSA and allow The Seller to attend the meeting. If the FENSA appointed surveyor confirms that the works have been completed as per regulations and/or as per the works description stated in the Order, the Buyer agrees to settle their balance immediately including any interest accumulated. If the FENSA appointed surveyor agrees with the Buyer that the work has not been completed as per the Order, then the Buyer must allow immediate access to The Seller to rectify the issues.}
_{13.0 CANCELLATION RIGHTS}
_{13.1 Under the Consumer Contracts Regulations 2013, as The Seller goods are bespoke and made to measure, the Buyer has no automatic right to cancel the order, return the goods or seek any refund.}
_{13.2 If The Seller agrees to cancel the contract, all costs incurred must be paid by the Buyer. This includes, but is not limited to, an administration fee of £100, 5% (of gross order value) reservation fee for scheduling the survey appointment, 5% (of gross order value) reservation fee for scheduling the installation, all material costs purchased and any amount sufficient to cover actual losses.}
_{14.0 FORCE MAJEURE}
_{14.1 The Seller shall be released from its obligations in the event of national emergency, outbreak of war, pandemic, prohibitive governmental regulations, strikes or inclement weather conditions or if any other cause beyond the control of The Seller renders the performance of the contract impossible and in such event no liability shall attach to The Seller by reason of cancellation or variation of any contract.}
_15.0 TITLE
_{15.1 Title to Goods will remain, as far as is possible in law, with The Seller until full payment is received by The Seller.}
_{16.0 DEFAULT AND INSOLVENCY}
_{16.1 If the Buyer shall default in or commit any breach of its obligations to The Seller or if the Buyer becomes insolvent or bankrupt or (being a company) makes an arrangement with its creditors or has an administrative receiver or administrator appointed or commences to be wound up (other than for purposes of amalgamation or reconstruction), The Seller may, without prejudice to any other of his rights, terminate the contract forthwith by notice in writing to the Buyer or to any person in whom the contract may have become vested . Upon termination as aforesaid it shall be lawful for The Seller to enter upon and take possession of any goods, wherever situated, for which the full purchase price has not been paid and to dispose of same without further notice to the Buyer. After disposal, and if any monies are recovered through such disposal, these monies less The Seller’s reasonable costs of disposal, will be applied against unpaid invoices and The Seller will notify the Buyer of any monies outstanding.}
_{17.0 PRIVACY}
_{17.1 The Seller takes data protection very seriously. All data is stored and treated with complete confidentiality and in accordance with our Privacy Policy and relevant legal obligations.}
_{18.0 APPLICABLE LAW}
_{18.1 The construction, validity and performance of the contract shall be governed by the laws of England and Wales and the parties hereto shall submit to the exclusive jurisdiction of the English Courts.}

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Customer Complaints Policy

_{If you have experienced any issues with your order from Caddy Windows and you wish to begin formal complaint proceeding, please follow this customer complaints policy.}_{Stage One}
_{Please report your issue via our website at www.caddywindows.co.uk/issue, we will always try to resolve your complaint as soon as we receive it. From the date we receive the complaint, our Stage One staff will aim to resolve the complaint within 10 working days.}
_{Stage Two}
_{If you are unhappy with the response from Stage One, or if 10 working days have passed since you reported your complaint without reply, then you have the right to escalate your complaint in writing via to installation.director@caddywindows.co.uk; if any complaint is received without completing Stage One, then the complaint will be redirected back to the previous stage.}
_{Stage Three}
_{If you are unhappy with the final response, or if 10 working days have passed without reply, then you have the right to escalate your complaint to one of the following options depending on the nature of the complaint:-}
_{Option A}
_{For all non-Building Regulations related complaints which have been unresolved for 56 days or more, an Alternative Dispute Resolution (ADR) arbitrator should be appointed but both parties must agree to proceed. The Buyer must email their complaint to The Glazing Arbitration Scheme (TGAS). TGAS is a low-cost arbitration scheme and costs consumers £100 +VAT to take their complaint to arbitration. This is for a document only arbitration. If the appointed Arbitrator decides a site visit is necessary, then a reasonable additional fee will apply. The consumer would then be required to pay 20% of this additional fee.}
_{TGAS Arbitrators conduct impartial reviews of disputes between TGAS traders and their customers and they will make a final decision which is legally binding on both parties.}
_{Option B}
_{For all Building Regulations related complaints, you now have the right to escalate the complaint to FENSA within 5 working days of the final response to assess the work at the expense of the Buyer. The Buyer must inform the Seller of the appointment date and time with FENSA and allow the Seller to attend the meeting. If the FENSA surveyor confirms that the works have been completed as per regulations and/or as per the works description stated in the Order, the Buyer agrees to settle their balance immediately including any interest accumulated. If the FENSA surveyor agrees with the Buyer that the work has not been completed as per the Order, then the Buyer must allow immediate access to the Seller to rectify the issues and the Seller will deduct the cost of appointing the FENSA surveyor from the Buyer’s balance.}
_{Option C}
_{If options ‘A’ and ‘B’ are rejected, then you are recommended to contact Citizens Advice. Their contract details are:-}
_{Telephone: 08444 77 20 20}
_{Website: http://www.citizensadvice.org.uk/}
_{Address: Citizens Advice, 3rd Floor North, 200 Aldersgate, London, EC1A 4HD}_{This is a free, independent service which can consider complaints and offer their advice. Consumers do not have to accept the decision made by Citizens Advice and retain their rights to use HM Court & Tribunal Services.}

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