Cherry Windows and Doors Ltd (T/A Cherry Group) Terms and Conditions of Sale and Installation

These Sales Terms apply to contracts for our products and/or services where one of our representatives has met you in person and provided you with a quote for the relevant products and/or services. If you wish to order products and/or services over the telephone or by email without first meeting one of our representatives these terms also apply. 

Introduction

These Sale Terms tell you information about us and the legal terms and conditions on which we will supply, install and provide any other services in respect of any of our products for you. You will be asked to agree to these sale terms before proceeding with the order. 

These Sale Terms will apply to any contract between us for the sale of products and the supply of installation services for those products and any other services agreed between us.

Below is information on who we are, how we will provide the services to you, how you may change your orders or end the contract between us, what to do if there are any issues and other important information. 

1. We are Cherry Windows and Doors Ltd (T/A Cherry Group), a company registered in England and Wales under company number 12731024. Our registered office is Unit 2, Beck View Road, Beverley, HU17 0JT. Our VAT number is 372034128. 
2. If you wish to contact us for any reason, including because you have any complaints, you can contact us by writing to us at the above address, by telephoning on 07506 149775/ 01482 770621 or by e-mailing us at info@cherrygroup.uk

Our Products and Services

The images of our products and descriptive matter of our services on our Facebook page and website and in our brochures and any samples of our products are for illustrative purposes only.

The Agreement:

• We agree to supply and install the products as indicated.

• You agree to pay for the goods.

• The terms below are included in the sale.

• Your statutory rights are not affected by our terms of trade.

Survey:

1. The agreement is subject to a full survey being carried out and measurement of the estimated works.
2. We will make an appointment for our surveyor to visit you. You must allow our surveyor access to your premises for inspection.  
3. If the surveyor advises us that installation is not feasible for any reason, we will notify you in writing and will return any deposit you have paid and the agreement will come to an end without further obligation.

Price & Payment:

1. The price includes VAT at the prevailing rate.  If the rate of VAT changes between now and installation any additional VAT will be payable.
2. A deposit of 60% is required prior to survey to enable us to proceed with the order. A second 20% interim payment is required on delivery of the materials (on the day installation starts, unless otherwise stated).  The final 20% balance will become payable on completion of the job.
3. The price will be increased to cover any extras requested by you, variations, additional fixings or additional work caused by adverse physical conditions, for example unusual obstructions or groundworks.
4. Any insurance work must be paid for by the customer and then they claim it back from the insurance company.
5. Payment must be paid, if the fitting cannot be carried out due to other events once the fitting has been scheduled.
6. No warranties, guarantees or building regulation certificates will be issued until full and final payment has been made.
7. All goods remain the property of Cherry Windows and Doors Ltd (T/A Cherry Group)  until full and final payment has been made.

Installation:

1. After your order has been checked, we will advise you of the estimated installation date.  Sometimes orders are held up in our supplier’s factory or installers encounter unforeseen problems on a previous day’s installation.  Whilst we try to ensure installation takes place on the indicated date, this is an estimated date only.  We will however, endeavour to notify you at the earliest opportunity if it is likely that installation will be delayed.
2. Sometimes our installers experience unforeseen problems which mean that the estimated time for completion of your installation is overrun. 
3. During the course of installation there will be some disturbance and dust.  You are advised to clear each room and access to it before our installers arrive.  We cannot accept responsibility for damage to any of your possessions left in the room in which we are working.  We do not take down or re-fit curtains or blinds to your windows or disconnect or reconnect any alarm system to your doors/windows - this must be undertaken by you prior to fitting. 
4. We must have access to a standard electricity supply.
5. We will make good any plaster or brickwork immediately surrounding any installation, but we cannot undertake to repair damage to surrounding tiling, wallpaper or paintwork or to remove intact any panes of glass or frames from old fittings which you have asked us to retain.
6. Whilst we will endeavour to ensure any making-good matches existing finishes we will not be able to guarantee this, particularly where weathering has occurred or because of non-availability of matching materials.

• It may not be possible for our surveyor to detect any structural instability or defect in your property. We will not be liable for any damage resulting from existing structural or other defects in your property.  If structural problems are discovered to exist, you must still pay the price in full even if we are not able to complete the installation in the way envisaged.  If we have to alter the installation because of structural problems an additional charge may be made.
• If any goods are found to be damaged or faulty, Cherry Windows and Doors Ltd will repair or replace the product.

Warranties and Exclusions:

1. uPVC and Aluminium frames carry a Manufacturer’s 10 year Guarantee. (Unless stated otherwise)
2. Glass sealed units carry the Manufacturer’s 5 year Guarantee.
3. All hardware, i.e. lock, hinges, handles, etc. carry the Manufacturer’s 5 year Guarantee. (Unless stated otherwise)
4. All glass sealed units supplied by us will be free from defects (other than minor matters not affecting their use or performance) in material and workmanship under normal use and service. This warranty will be honoured by us at any time up to 10 years from the installation date.
5. Should any frame, sealed unit, or hardware be found defective in material or workmanship during the guarantee period then we will, at our option, either repair it or replace it free of charge. All repairs carried out after expiry of guarantee will be chargeable.
6. We will not be liable to you for minor imperfections, loss of use, loss of your time, inconvenience or any other loss or damage consequential or otherwise.
7. Responsibility cannot be accepted for defects resulting from wear and tear, accident, improper use or use by you otherwise than in accordance with our instructions or advice or in respect of any components which have been adjusted, modified or repaired otherwise than by us.
8. Any claim against us must be made promptly; in particular, you must advise us of any initial defects in our products within 30 days of installation and you must confirm your complaint in writing quoting the order number in all correspondence.
9. No claim against us will be entertained for any defect arising from any groundworks or other building work carried out by you or your contractors in association with the installation of our products. You must procure your contractor to indemnify us in writing, prior to installation, for any loss we suffer by their failure or delay.  Building works must be executed to the dimensions and measurements shown in our drawings.
10. You will be responsible for obtaining all planning permissions, listed building or conservation area consents and building regulation approvals unless you instruct us to apply for these consents on your behalf (or if stated otherwise by ourselves). You agree to indemnify and keep us indemnified against any loss, delay or expense including, but not limited to, loss of profit if works are halted by the local authority.
11. We cannot be held liable for any loss or damage caused by delay in the performance or non-performance of our obligations to you where occasioned by any cause that is beyond our control. Should an event beyond our control occur which means that we are unable to fulfil your order we may cancel or at our option suspend the order without incurring liability for loss but if the order is cancelled your deposit will be returned in full and you will not be under any further obligation.
12. The guarantee will be invalidated immediately should the product show evidence of impact, mishandling or tampering, unnatural chemical corrosion or use contrary to its intended purpose.  This excludes required general maintenance of the product.
13. Under no circumstances shall the company be liable for any direct or consequential losses, however caused.

Cancellation Security and Interest:

1. After you have signed the agreement, you will not be able to cancel it without our prior written consent.
2. If you have previously notified us of an application to a finance company for a loan and despite having used your best endeavours, the finance company refuses that loan then providing you produce to us written evidence of that refusal we will agree to cancel the agreement and will then return your deposit to you and you will not be under any further obligation.

Recognising that your order will be specially manufactured for your property and it is impractical for us to make use of the units once manufactured, if you apply to cancel the agreement after your order has been placed into the manufacturing process, we will only agree to a cancellation of the agreement upon payment of the balance of the contract price which will be deemed due immediately upon cancellation.

• If you request suspension of the order or fail to allow installation or installation is delayed or prevented by lack of planning consents or by associated building works not carried out by us, in each case for a period greater than six months from the date of this agreement, we reserve the right to increase the price to account for the delay.
• If any amount is outstanding after thirty days of the date due (unless agreed by us) we reserve the right to levy an administration charge equal to 5% of the value of your order to cover our additional expenses.
• Legal action will be taken should payment in full (including interest, additions and administration charges) not be received within ninety days of the date of our invoice. You will be responsible for all legal fees incurred on full indemnity basis.

Glazing:

1. The fitting of double-glazing units will not itself eliminate condensation.  This is dependent upon the environment within your property.  We cannot guarantee condensation in your property will be eliminated.
   1. Glass used in our units is of the best quality reasonably obtainable. Minor imperfections caused during the process of manufacture are not warranted by our glass manufacturers.  Therefore, we do not accept liability to replace glazing having minor imperfections.