Terms of Business
All quotations and contracts of sale/installation made by Windsor fireplaces & Interiors shall be deemed to incorporate the following terms and conditions, in any purchase and or installation made by us. No other agreement, reservation, promise, undertaking or understanding of any kind verbal or otherwise shall form part of or alter, vary, supersede or operate as a waiver to the stated terms of business unless expressly made or accepted by a Director in the Firm in writing.
1.) Estimates are valid for 30 days from the date of issue and must be accepted in writing. Our estimates are not fixed price quotations but reflect a realistic expectation of final cost based on our experience. It is generally not possible to give a fixed price as unexpected problems can occur which cannot be foreseen before the installation is underway. We therefore reserve the right to charge for any additional materials and labour incurred due to unforeseen problems or due to difficulties in obtaining sufficient information prior to estimating.
2.) The products you have chosen has been individually ordered and will be made for you, or customised to suit your particular requirements.
3.) As with all natural materials such as timber, marble, slate and granite, minor markings or unusual grain patterns may show. These are not defects but parts of the natural character of the piece. Made to Measure Mantels are made using kiln dried wood. It is natural that minor shrinkage may occur. This very rarely occurs as the kiln drying procedures are monitored carefully. Natural substances such as stone, marble, slate etc. come ready polished, filled and stopped as necessary. Small fossils and shells and colour variations are an essential characteristic of limestone. Whilst the Company will make every effort to match materials, the company accepts no responsibility for naturally occurring variations in stone quality.
4.) The costing and arrangements for installation is a strict transaction between Windsor Fireplaces and the client unless otherwise stated in a written contract involving any other firm or individuals.
5.) Windsor fireplaces will not be held responsible for any third party or accept any claims arising from damage, accidental or otherwise, after the completion of work inspection of all parts.
6.) Payment for all materials is due on placing the order unless otherwise stated. Installation costs should be paid on the day of installation.
7.) All deposits are non-refundable except in exceptional circumstances. Where goods are accepted for return, a 25% restocking charge will be levied.
8.) Windsor Fireplaces may introduce or recommend a company or individual for certain installations. The Client is completely free to obtain quotations for work from any other source, individual or companies, at their discretion. All work arrangements and actions carried out by the said persons will be solely their responsibility.
9.) All items manufactured by others and supplied to Windsor Fireplaces and introduced or sold to the Client will be covered by the relevant manufacture’s general guarantee (slate, marble and granite, being natural products, do not carry any form of guarantee).
10.) Gas appliances must be fitted by a Gas safe engineer. The cost and arrangement for Gas installations are strictly between the Client and a Gas safe Registered Engineer, not unless supplied by Windsor fireplaces.
11.) The Client should take all reasonable steps to ensure the safety, security of any furnishings, carpets, sofas etc. against any disruption caused by the installation. Windsor fireplaces will not be held responsible for any damage to the Clients property that is not secured and made safe from any works conducted.
12.) It is the Clients responsibility to ensure the appliance receives regular maintenance once installed to comply with manufacturers guidance.
13.) It is the Clients sole responsibly to ensure that all chimney work is conducted prior to installation of their new fireplace/appliance. Windsor fireplaces will not be held responsible for any chimney work that has or has not been carried out.
14.) Chimneys must be swept and inspected prior to installation of any appliance by a competent person/persons and to the National Association of Chimney Sweeps Code of Practise Amended & Approved 1999 Standard. And certification received.
15.) Windsor fireplaces will not be held responsible for fitting any carpets/flooring before or after the installation of the Fireplace. Skirting Boards should also be removed prior to our installation and can be re fitted by Windsor fireplaces after the installation is complete.
16.) Windsor fireplaces reserve the right to change fitting dates to accommodate situations out of our control.
17.) Windsor fireplaces will not be held responsible for any decoration being disturbed, marked or damaged during the installation of a new fireplace.
18.) In the event of any unforeseen structural problems after removal of any existing fireplace or opening of a chamber area etc. Windsor fireplaces reserve the right to access any such works, for additional costings whether by themselves or other designated parties. Windsor fireplaces will not be held responsible for any delay incurred in the installation due to any events of this nature
19.) Whilst reasonable care will be taken to ensure that property and furniture are not damaged during the installation (we will cover carpets and furniture in the room with dust sheets), we cannot guarantee that all soot, dust and debris can be contained. We advise that any valuable or easily damaged items be removed from the room prior to the commencement of the installation. Where disruption is caused by us to walls during the installation we undertake to make good but liability for re-decoration is excluded. We do not accept any liability for any cracking to plaster work, wood surrounds or decorations caused by heat from the stove.
20.) We recommend that a chimney flue is lined with a stainless steel flexible liner in order to ensure that the stove performs efficiently and any risk of flue gases escaping are eliminated. The liner will also aid sweeping to ensure that the flue is kept free of soot and tar build up. If a flue liner is not installed, you may experience problems with the operation of the appliance for which we cannot be held responsible. Wood burned in a stove must be properly seasoned and have a moisture content of less than 20%. We recommend that if a multi fuel stove is installed and you intend to burn approved smokeless coals, you install the highest 904 grade stainless steel which has greater resistance to the corrosive emissions from the fuel.
21.) Where the estimate includes the cost of a liner and during the installation it becomes evident that a liner will not pass down the chimney flue due to obstructions, any additional work undertaken to clear the obstructions may be charged for as an additional cost.
22.) Where construction work is undertaken to enlarge a fireplace, the removal of a fire brick and mortar benching can allow rain water which would previously have been absorbed by the mortar to trickle into the fireplace. This problem may not have been previously evident. Water ingress is possible if the chimney does not contain a lead tray or if the mortar joints in the stack or the flaunching are degraded. Additionally, brickwork itself can become porous and allow water to pass through with constant heavy rain. We accept no liability for this type of problem becoming evident after our work is completed.
23.) Where we install a twin wall chimney system through an outside wall, this is done at a 45 degree pitch. A rope and mastic seal will be applied externally and a mortar finish applied. Due to the expansion and contraction of the pipe we cannot guarantee against all water ingress through cracks appearing in the mortar due to expansion.
24,) We are HETAS registered installers and where relevant, following completion of the installation we shall issue a certificate to cover the work undertaken together with a data plate which should generally be fixed near to your electricity consumer unit (fuse box).
25.). In the event that a fire fails to operate correctly due to any deficiency in the flue or chimney the company subcontractor may accept to rectify the problem at the customer’s expense.
26.) If the Customer wishes to vary any details of the Services it must notify the Company as soon as possible. The Company shall endeavour to make any required change, and additional costs will be invoiced to the Customer.
27.) Any typographical, clerical or other accidental errors or omissions in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Company shall be subject to correction without any liability on behalf of the company.
28.) Windsor fireplaces advise adequate ventilation to ensure that ventilation is supplied to the room in which the fireplace is located to comply with local Building Regulations and to ensure a good upward draught.
29.) Whist every effort is made during the design and fitting of fires, fireplaces or flue systems to ensure adequate draw and the inhibition of down draughts, Windsor fireplaces cannot guarantee that any such fireplace or flue system will draw or operate correctly, especially in areas of exposure to winds.
30.) Windsor fireplaces reserves the right to change or alter the specification of any fire, fireplace or flue system to be supplied or installed to comply with any applicable safety or other statutory or regulatory requirements or, where the goods are to be supplied to the Company’s specification, which do not materially affect their quality or performance.
31.) Delivery dates are quoted in good faith but the Company will not be liable for any loss or inconvenience suffered by the customer due to any delay in installation or delivery of any fire, fireplace or flue system however caused.
32.) The Company will not be liable for any smoke damage caused to furniture, decorations or other property caused by incorrect draw on any chimney or flue system.
33.) The Customer shall pay the Company for any additional services provided by the Company that are not specified in this quotation in accordance with the Company’s then current, applicable daily rate in effect at the time of performance or such other rate as may be agreed between the Company and the Customer. The provisions of sub-Clause 5.2 shall also apply to such additional services.
34) All gas appliances must be installed by a Gas Safe registered engineer and serviced at least once in every 12 months, in the case of products with extended warranties it is a stipulation of the terms of the warranty, This must be arranged with a Gas Safe engineer.
We require a copy of the gas safety certificate issued on the day, or last service by the Gas Safe registered installer before we proceed with a warranty claim.
35) All goods carry a Manufacturer guarantee (except showroom displays), in the unlikely event that any fire or surround has to be removed and refitted at any time under the guarantee or otherwise. The Company will not be responsible for any redecoration or damage to wallpaper etc.
36) The Company shall be free to sub-contract the provision of the Services (or any part thereof).
37) Where the Company sub-contracts the provision of the Services or any part thereof it shall ensure that any and all sub-contractors are reasonably skilled in the relevant practices and shall not pass any additional charges that may be incurred through the use of such sub-contractors on to the Customer.
39) No order which has been accepted by the Company may be cancelled by the Customer except with the agreement in writing of the Company on the terms that the Customer shall indemnify the Company in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Company as a result of such cancellation.
40) The Company may terminate the provision of the Services immediately if:
(a) the Customer commits a material breach of its obligations under these Terms and Conditions; or
(b) the Customer is or becomes the subject of a bankruptcy order or takes advantage of any other statutory provision for the relief of insolvent debtors.
41)1 No waiver by the Company of any breach of these Terms and Conditions by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision.
42) No failure or delay on the part of either the Company or the Customer to exercise any right, power or privilege under these Terms and Conditions shall operate as a waiver of, nor shall any single or partial exercise of any such right, power or privilege preclude, any other or further exercise of any other right, power or privilege.
43)Liability and Indemnity
If the Company fails to perform the Services with reasonable care and skill it shall carry out all required remedial action at no additional cost to the Customer.
44) The Company shall not be liable to the Customer or be deemed to be in breach of these Terms and Conditions by reason of any delay in performing, or any failure to perform, any of the Company’s obligations if such delay or failure is due to any cause beyond the Company’s reasonable control.
45) Force Majeure
Neither party shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party.
In the event that one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these Terms and Conditions (which shall remain valid and enforceable).
47) Consumer Rights
Nothing in these Terms and Conditions shall affect the Customer’s statutory rights as a consumer.