“Buyer” means the person, firm or company placing the Order.
“Commencement” means Caddy Windows starting the works as described in the Order.
“Goods” means the frames, glass and parts (or any of them) as described in the Order.
“Order “means the order placed by the Buyer for the supply of the goods or any subsequent Variation.
“Caddy Windows” means Caddy Windows Ltd, registered in England & Wales No.04404519 and their trading names including, but not limited to, Bristol Windows and Window Village.
“Approved Fitter” means the independent self-employed contractor appointed by The Buyer that was arranged by Caddy Windows under an agency agreement.
“The Seller” means Caddy Windows Ltd or the Approved Fitter.
“Variation” means any variation, addition or amendment to an existing Order as evidenced in writing and agreed by both Caddy Windows and the Buyer.
“Working Day” means any day except Saturday, Sunday or public holiday between the hours of 8am to 5pm
“Making Good” means the process of finishing off the installation of the windows and doors internally and externally, usually around the immediate perimeter.
2.1 Any Order whether following a quotation, tender or otherwise shall incorporate these Terms and Conditions of Sale. Caddy Windows 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 Caddy Windows.
2.2 Window and Door Profile: Caddy Windows reserves the right to provide and/or install either their Sculptured (also known as featured or ovolo) profile or Chamfered (also known as Bevelled) profile frames unless specified by The Buyer and is included within the Order. Sealed Units: Caddy Windows reserve the right to provide and/or install any glass specification/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.
2.3 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 Caddy Windows, if any amendments are required for any reason then Caddy Windows will inform the Buyer.
2.4 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 Caddy Windows 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 Caddy Windows in connection with any claim made against Caddy Windows.
2.5 If the Buyer accepts any specification and/or drawings provided by Caddy Windows, Caddy Windows 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.
2.6 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.
3.1 Quotations 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 Caddy Windows.
4.0 APPROVED FITTER
4.1 If the Buyer requires the goods to be fitted, the Buyer may make their own arrangements for fitting the goods or the Buyer can appoint Caddy Windows as their agent to arrange the fitting of the goods.
4.2 Caddy Windows will take reasonable care to identify a fitter they believe is suitable to fit the goods purchased and liaise with the Buyer and the Approved Fitter to agree a price and arrange a suitable date.
4.3 To proceed, the Buyer authorises Caddy Windows to enter into an agreement to fit the goods with an independent self-employed Approved Fitter in the Buyers name and on their behalf.
4.4 The contract for fitting will be under a separate agreement to the order and is directly between the Buyer and the Approved Fitter.
4.5 After the goods are fitted, an installation invoice will be provided and the Buyer must directly pay the Approved Fitter for the fitting services on completion, unless the fitting is taking place is separate agreed phases, in which case the Buyer must pay the Approved Fitter for work completed to date on each occasions.
4.6 The Approved Fitter is responsible for the standard and quality of, and any liability arising from, delivery and/or installation. If there are any issues, then the Buyer should contact the Approved Fitter in the first instance. If the Buyer is unable to contact Approved Fitter and has an issue with the installation arranged under the agency agreement, the Buyer can discuss the matter with Caddy Windows will ask the fitter concerned to revisit the property.
4.7 In the event that neither the Buyer or Caddy Windows are able to contact the Approved Fitter for three consecutive weeks, Caddy Windows will honour the remaining installation guarantee and remedy any valid issues until communication is resumed with the Approved Fitter.
5.0 DELIVERY, COMMENCEMENT & COMPLETION
5.1 Any date named by The Seller are given in good faith but are 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.
5.2 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.
6.1 Where installation is arranged by Caddy Windows, the Seller requires a continuation of access on consecutive working days to complete this contract therefore 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 material costs and any labour carried out to date and the Buyer agrees to immediately pay this invoice.
7.0 SCOPE OF MAKING GOOD
Where installation is arranged by Caddy Windows:
7.1 Painting and redecorating is excluded.
7.2 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.
7.3 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.
7.4 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.
7.5 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.
7.6 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.
8.1 The Buyer shall inspection the goods on delivery/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/installation date.
8.2 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/installation date.
8.3 On 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.
9.0 TERMS OF PAYMENT
The following clauses are applicable for new Buyers and/or non-limited companies:
9.1 The Buyer agrees to release full payment of the goods to Caddy Windows on order placement unless alternative payments terms have been specified and agreed by Caddy Windows in writing.
9.2 The agreement for installation is directly between the Buyer and the Approved Fitter and the Buyer agrees to release full payment for the fitting services on completion to the Approved Fitter, unless the fitting is taking place is separate agreed phases, in which case the Buyer must pay the Approved Fitter for work completed to date on each occasions.
9.3 All goods remain the property of Caddy Windows until payment in full is received.
9.4 If the Buyer opts for finance arranged by The Seller, it is understood that The Sellers acts as a credit broker and not a lender. In the event that the lender rejects or cancels the finance application for any reason, the Buyer agrees to be liable for the balance of the contract and immediate payment is required.
10.0 TERMS OF PAYMENT – COMMERCIAL BUYERS WITH ACCOUNT TERMS
The following clauses are applicable for limited companies with authorised credit terms with Caddy Windows:
10.2 On delivery of the goods or completion of works or monthly intervals/valuation dates, Caddy Windows will raise and deliver an invoice/application to the Buyer for the works completed, and/or good 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 Caddy Windows’ quotation or tender document.
10.3 Caddy Windows understands and will exercise its statutory right to 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.
10.4 Caddy Windows 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.
Where installation is arranged by Caddy Windows:
11.1 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.
11.2 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.
11.3 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.
11.4 Any documentation, including but not limited to the FENSA Certificate, can be withheld until full payment has been received.
12.1 “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.
12.2 If the Buyer fail to pay the price for any Goods on the due date or fail to pay any sum due to Caddy Windows 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 Caddy Windows shall become immediately payable, and Caddy Windows shall be entitled to do any one or more of the following (without prejudice to any other right or remedy Caddy Windows 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 Caddy Windows part.
12.3 If Caddy Windows reasonably incur third party costs, such as tracing or debt collection agency costs, or seek to take legal proceedings to enforce Caddy Windows 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 Caddy Windows such reasonable agency costs or legal costs incurred on an indemnity basis.
12.4 Without prejudice to clause 11.3 if the Buyer is acting in the course of a business then in the event of late payment, Caddy Windows 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. Caddy Windows 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.
13.1 If the Buyer is unsatisfied with the goods received from Caddy Windows, then the Buyer must give Caddy Windows 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.
13.2 For all non-Building Regulations related complaints, Caddy Windows 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.
13.3 For all Building Regulations related complaints, after investigation, if the Buyer does not agree with Caddy Windows’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 Caddy Windows of the appointment date and time with FENSA and allow Caddy Windows 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 Caddy Windows to rectify the issues.
14.0 CANCELLATION RIGHTS
14.1 Under the Consumer Contracts Regulations 2013, as Caddy Windows goods are bespoke and made to measure, the Buyer has no automatic right to cancel the order, return the goods or seek any refund.
14.2 If Caddy Windows agrees to cancel the contract, all costs incurred must by 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.
15.0 FORCE MAJEURE
15.1 Caddy Windows 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 Caddy Windows renders the performance of the contract impossible and in such event no liability shall attach to Caddy Windows by reason of cancellation or variation of any contract.
16.1 Title to Goods will remain, as far as is possible in law, with Caddy Windows until full payment is received by Caddy Windows.
17.0 DEFAULT AND INSOLVENCY
17.1 If the Buyer shall default in or commit any breach of its obligations to Caddy Windows 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), Caddy Windows 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 Caddy Windows 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 Caddy Windows’s reasonable costs of disposal, will be applied against unpaid invoices and Caddy Windows will notify the Buyer of any monies outstanding.
19.0 APPLICABLE LAW
19.1 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.
At Caddy Windows we always take very seriously what people think of us. We very much hope that if you do experience any difficulties with us that you will be able to raise them directly with your point of contact at Caddy Windows. In most cases any concerns can be resolved satisfactorily without needing to take things any further.
However, if you have a problem or issue that you feel we have not managed to resolve informally, we do have a formal complaints process which is designed to ensure that we investigate the situation as quickly as possible and give you a fair, honest and responsive reply. Our complaints procedure is designed to give you a fair and thorough opportunity to present your case. Our intention is that we put things right as quickly as we can. Where appropriate, we will also take steps to ensure that a similar situation can be avoided in the future.
Post: Caddy Windows, 8 Enterprise Trade Centre, Hengrove Way, Bristol, BS4 1UN
1st Point of Contact: Approved Fitter
Please relay your issue directly to your Approved Fitter during their visit to your home who will aim to resolve the problem within 24 hours.
2nd Point of Contact: General Manager
Telephone: 0117 966 9998 (option 2)
If you have been unable to discuss the matter with the Approved Fitter or if you are unhappy with their response, please call or email our General Manager. We will always try to resolve your complaint as soon as we receive it. From the date we receive your complaint, our General Manager has 10 working days to provide a response and resolution.
If you are unhappy with the response from our General Manager or 10 working days have passed since you first recorded your complaint, then you have the right to escalate your complaint to the Installation Director.
3rd Point of Contact: Installation Director
Your complaint must be in writing, sent via post or email. If any complaint is addressed to the Installation Director without completing Stage Two, then the complaint will be redirected to the General Manager. From the date we receive your escalated complaint, our Installation Director has 10 working days to provide a response and resolution.
If you are unhappy with the final response from our Installation Director or 10 working days have passed since contacting the Installation Director without response, then you have the right to escalate your complaint further.
The options below provide details of who you can contact for further advice depending on the nature of the complaint:-
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.
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.
If options ‘A’ and ‘B’ are rejected, then you are recommended to contact Citizens Advice. Their contract details are:-
Telephone: 08444 77 20 20
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.