1. Installation: We will deliver the goods referred by the sales order and carry out the work as specified on this and any related continuation sheets. Fargil's policy is one of continuous improvement of its products. We therefore reserve the right to incorporate modifications of minor or technical nature in the products to be installed. Visual standards are covered by the Glass and Glazing Federation standard for imperfections in glass.
2. Payment: You agree to pay the balance of the purchase price on completion of the installation in one of the following ways:
(i)Bank draft or building society cheque made payable to Fargil UK Ltd.
(ii)Personal cheque made payable to Fargil UK Ltd.
(iii)Visa or MasterCard credit card (credit card payments carry a 2.5% additional charge).
(v)For cash orders greater than £20,000, 50% of the balance is payable when the products are available for installation and the remaining balance is paid:
- For the elements of the installation that have been completed on the Friday of the week of the installation.
- Where installation is complete, all unpaid balances are payable on completion.
Any sum outstanding following the installation will be subject to a late payment charge of 5% of the agreement value for the firstmonth or part thereof, and thereafter to interest of 4.0% above the base lending rate for the time being fixed by Lloyds Bank PLC.
If with your agreement the products are not all installed at the same time, the products which have been installed will become due.
3. Access: You agree to provide reasonable access to enable installation to be completed as soon as possible after you have been advised that the goods are ready. If within six weeks of such advice an appointment for installation has not been made, 80% of the purchase price will be due and payable. Installation will then be made on a mutually convenient date and the balance of the contract price will then become due. If you have not permitted installation within 6 months of such advice then we reserve the right to cancel the contract but you will still be responsible for the appropriate purchase price.
4. Guarantees: The guarantees are given in addition to all your rights under the Common law and Statute.
The Guarantees are effective provided payment has been made.
4.1 We guarantee to repair or, where is reasonable to do so, replace free of charge any Fargil Product that develops a fault due to defective materials or construction provided written notice is given within the guarantee period of TEN YEARS from the date of installation except as stated below. The following items are subject to the guarantee periods indicated. All guarantee periods run from the date of installation and written notice must be given within that period:
The guarantee period for damage caused by fungal attack or rot of the timber material is Five years for softwood timbers and EIGHT years for hardwood timbers. The guarantee period for deterioration to the paint finish is FIVE years and to the stain finish EIGHT years, subject to regular maintenance. White Soffits, Bargeboards, Cladding, fascias, Guttering and downpipes the guarantees is FIFTEEN YEARS.
4.2 Fargil's policy is one of continuous improvement of its products. It may therefore be necessary to incorporate such modifications into any replacement products. The photographs shown in our literature show Fargil installations which may occasionally differ in detail and appearance from those that we currently install.
4.3 The guarantees do not cover the following and we can accept no liability for:
a) Minor imperfections in glass within visual standards laid down by the glass and glazing federation:
b) The prevention or reduction of condensation (except between the glasses of sealed units):
c) Damage or faults arising from normal wear and tear or to accident, misuse or neglect:
d) In the case of GRP products, natural colour changes caused by exposure to light and nail pop:
e) Damage or faults resulting from landslide, subsidence, flooding or drought;
5. Survey report: If your contract requires a survey, one of Fargil's trained surveyors will be appointed to your contract. They will start by checking the specification and ensure accuracy and feasibility and will check your personal requirements. If the surveyor reports that there are problems relating to the structure (including the presence of hazardous materials) or access to the property (including the need to arrange scaffolding) then without obligation on your part, we may quote a price for the additional work. If you decline to accept the revised quotation, then we may cancel the agreement by sending you written notice to that effect and your deposit will be returned. If the surveyor reports that there are significant technical problems which make the manufacture or satisfactory installation of the contract materially more difficult than initially anticipared, then we reserve the right to cancel the agreement by sending you written notice to that effect and any deposit will be returned, except in the case of asbestos, where we shall be entitled to deduct reasonable survey and analysis costs. In the event that the contract is cancelled in accordance with this clause, then written reasons will be provided to you but cancellation will be without further liability attaching to either party.
6. Installation site: The survey carried out by Fargil is not a full structural survey of your property and will only deal with items which are reasonably ascertainable from an external examination of the installation site. The contract price is therefore calculated on the basis that your property is structurally sound and there are no factors not reasonably ascertainable from an external examination of the installation site (including the presence of hazardous materials such as asbestos and the omission of lintels) which would make completion of the contract more difficult than reasonably anticipated on survey. If such factors are found to exist at any time after survey, then we reserve the right to charge an additional fee for carrying out the additional work required.
6.1 If this agreement is for the installation of a flat roof, it is entered into on the bases that the roof joists are in good condition. If, on removing the existing roof it is apparent that they are not in good condition then you agree that you will immediately arrange for remedial work to be carried out at your own expense so as to put the joists in a condition which is suitable for the fitting of the flat roof. If you are in any doubt to the condition of your property you are advised to consider obtaining your own survey report.
7.Additional work: Unless otherwise stated on the agreement you will be responsible for the removal and replacement (if required) or repositioning of telephone cables, burglar alarm fittings, mains power cables, aerials or gas installations to enable us to fulfil our contract. We do not accept any responsibility for the accidental damage to ceramic floors or laminated wood flooring during the fulfilment of our contract.
8. Planning Consents: Fargil personnel are not able to advise when a consent is necessary. It shall be entirely your responsibility to identify the need for any necessary planning permissions, building regulations consents, building warrants or other similar consents or approvals and to obtain those which we have not agreed in writing to apply for on your behalf such document identifying specifically the consents for which we have agreed to apply. We shall not be obliged to perform this agreement until we have received confirmation satisfactory to us that all such consents and approvals have been obtained. If at your request we agree to carry out any part of this agreement before all such consents and approvals have been obtained, we shall do so entirely at your risk and responsibility in so far as concerns such consents and approvals and you will be responsible for, and we will be able to claim from you, any cost or losses we reasonably incur as a result of so doing. You will be and remain responsible for the payment of all fees and charges incurred in connection with the obtaining of any such permission or consents, whether or not successfully obtained.
9. Status Check: We reserve the right to make credit and other similar enquiries in respect of our customers before installation takes place. If these enquiries reasonably lead us to believe that there is a significant risk of payment not being made then we reserve the right to ask you to make payment of the full contract price before manufacturing takes place and before any works are carried out. Should we request you to make such payment then we will on request supply you with a copy of the information on which we have relied. If you decline to make payment, then we may cancel the contract. You deposit will be returned in full but we will have no further liability.
10. Data Protection and use of personal information: We will use your information to personalise our communications with you and to inform you of Fargil products and services and offers we think maybe of interest to you. We may contact you by post, email or telephone for these purposes, if you have provided this information. All replacement household glazing within England and Wales requires a certificate of compliance from either your local authority building control department or FENSA. To enable FENSA to issue the certificate we will need to pass your name and address to them. If you do not wish your personal information to be used for
either of the purposes described above please write to Fargil UK Ltd, 15 Kings Street, Sturminster Marshall, Dorset BH21 4BJ. Note that if you do not allow us to pass your information to FENSA they will be unable to send you a certificate of compliance and you will have to obtain this yourself from your local authority. It is a statutory requirement from the Department of Transport Local Government and the Regions (DTLR) that a FENSA registered install must offer every customer insurance against the cessation of trade of the installer and the subsequent ability to honour the guarantee. For this reason, your name and address will be passed to our authorised insurance provider to enable them to write to you and offer the statutory insurance cover.