Terms and Conditions (the “Terms”)
1. Information About Us And How To Contact Us
1.1 Who We Are. We are Dimple Services (UK) Limited, trading as Dimple Glazing, a company registered in England and Wales. Our company registration number is 06272036 and our registered office is at Unit 5, The Argent Centre, Silverdale Road, Hayes, England, UB3 3BS.
1.2 How To Contact Us. You can telephone our customer service team on 020 8813 7272 or write to us at dimple@dimplegroup.com or Dimple Glazing, Unit 5, Argent Centre, The Argent Centre, Silverdale Rd, Hayes UB3 3BS.
1.3 How We May Contact You. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
1.4 "Writing" Includes Emails. When we use the words "writing" or "written" in this Contract, this includes emails.
2. Our Contract With You
How We Will Accept Your Order. Our acceptance of your order will take place when an order confirmation is signed by you and us, at which point a contract will come into existence between you and us (the “Order Confirmation”). The Order Confirmation, together with these Terms are collectively referred to as the “Contract”. To the extent that there is any conflict between the provisions of an Order Confirmation and the provisions of these Terms, these Terms shall prevail unless expressly varied by an Order Confirmation.
3. Our Products
3.1 Products May Vary Slightly From Their Pictures. The images of the products on our website and in our brochure are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a picture in our brochure or on our website accurately reflects the colour of the products. Your product may vary slightly from those images.
3.2 Making Sure Your Measurements Are Accurate. If we are making the product to measurements you have given us, you are responsible for ensuring that these measurements are correct. We are not responsible for any extra costs incurred by you as a result of incorrect or incomplete measurements supplied by you. All dimensions specified by us on plans are approximate and subject to on site verification. This service includes a pre-fit survey to ensure or further ensure all plan measurements are correct. You agree to give our surveyor access to undertake a survey of your property within 14 days of the date of the order confirmation or such other time as we may agree in writing. If our surveyor has not been given access to undertake a survey of your property within 30 days of the order confirmation or such other time as we may agree in writing, we shall be entitled to the full price for the products within 7 days of reminding you that we require such access.
4. Installation Service
4.1 Our Installation Service. Full details of all work to be undertaken will be provided specifically within the scope of installation within the order confirmation. No additional work will be undertaken without our written agreement, and you will bear the additional cost involved in any additional work. No major structural work will be undertaken by us.
4.2 Removal And Disposal Of Materials. We will only remove and dispose of materials where we have agreed to do so in writing. We cannot guarantee to remove existing installations without some damage to either them or their surroundings. It is your responsibility to remove present facilities unless otherwise agreed. However, you must not remove them until the goods arrive and a check has been carried out by you to ensure that all component parts of the goods are present. We do not accept liability for any costs, direct or indirect, nor for any inconvenience caused to you as a result of the early removal of existing facilities.
4.3 Installation Completion. You may be asked to check the installation and sign a completion document confirming that the fitting has been completed to your satisfaction. You should note on this completion document any areas that you may have concerns with before signing it. Any post-installation works, or snagging, will be notified on the completion document. These will be considered to be part of the Order Confirmation and we undertake to arrange any snagging as a part of our installation service. In any event, any fitting that has not been completed to your satisfaction must be notified to us immediately (and in any event no later than 2 days) following completion of the installation service.
5. Your Rights To Make Changes
5.1 If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
6. Our Rights To Make Changes
6.1 Minor Changes To The Products. We may change the product:
a) to reflect changes in relevant laws and regulatory requirements; and
b) to implement minor technical adjustments and improvements. These changes will not materially affect the appearance or performance of the product or the quality of the services.
7. Providing The Services
7.1 Services. We will begin the services on the date agreed with you during the order process. The estimated completion date for the services is as advised to you during the order process.
Any dates quoted for delivery of the goods or completion of the services are approximate only, and the time of delivery of the goods or completion of the services are not of the essence. We shall not be liable for any delay in delivery of the goods or completion of the services, or any delay outside of our control, or your failure to provide us with adequate delivery instructions, or any other instructions that are relevant to the supply of the goods or completion of the services.
7.2 If You Do Not Allow Us Access To Provide Services. If you do not allow us access to your property to perform the services as arranged (and you do not have a good reason for this) within 60 days of the order confirmation or such other time as we may agree in writing, we may charge you the full price of the product and the installation service, and additional costs incurred by us as a result.
7.3 When You Become Responsible For The Goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us or you or a carrier organised by you to collect it from us.
7.4 When You Own Goods. You own a product which is goods once we have received payment in full.
7.5 What Will Happen If You Do Not Give Required Information To Us. We may need certain information from you so that we can perform the services. If so, this will have been told to you over the telephone, on our website or told to you in the course of email exchanges. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the Contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for performing the services or any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
8. Our Rights To End This Contract
8.1 We May End This Contract If You Break It. We may end this Contract at any time by writing to you if:
a) you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, measurements;
c) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us;
d) you do not, within a reasonable time, allow us access to your premises to supply or complete the services.
9. Price And Payment
10.1 Where To Find The Price For The Services. The price of the services (which excludes VAT) will be set out in the order confirmation.
10.2 We Will Pass On Changes In The Rate Of VAT. If the rate of VAT changes between your order date and the date we perform the services, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
10.3 When You Must Pay And How You Must Pay. We will discuss and negotiate your chosen method of payment over the telephone or in the course of email exchanges. You must pay:
a) a minimum deposit of 50% of the purchase price payable once the Contract comes into effect. The balance must be paid at least 7 days prior to the scheduled installation date.
For any outstanding amount due to us, you will have to pay interest at the rate of 2% per month on such outstanding amount, administrative costs, bank costs incurred by us, debt collection costs including reasonable solicitors’ fees and court costs, and any additional costs incurred by us as a result.
10.4 What To Do If You Think An Invoice Is Wrong. If you think an invoice is wrong please contact us immediately to let us know.
10. Our Responsibility For Loss Or Damage Suffered By You
11.1 We Are Responsible To You For Direct Losses Caused By Us. If we fail to comply with this Contract, our total aggregate liability under this Contract for any direct loss or damage you suffer will not exceed 20% of the amount you paid to us.
11.2 We Do Not Exclude Or Limit In Any Way Our Liability To You Where It Would Be Unlawful To Do So. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
11.3 We Are Not Liable For Indirect Losses. We will have no liability to you for any indirect or consequential losses, loss of profit, loss of business, business interruption, loss of business opportunity, loss of or damage to goodwill, loss of anticipated savings, or loss of agreements or contracts.
11. Other Important Terms
12.1 We May Make Changes To This Contract. We may amend this Contract from time to time.
12.2 You Need Our Consent To Transfer Your Rights To Someone Else. You may only transfer your rights or your obligations under this Contract to another person if we agree to this in writing.
12.3 If A Court Finds Part Of This Contract Illegal, The Rest Will Continue In Force. Each of the paragraphs of this Contract operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
12.4 Even If We Delay In Enforcing This Contract, We Can Still Enforce It Later. If we do not insist immediately that you do anything you are required to do under this Contract, or if we delay in taking steps against you in respect of your breaking this Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you, but we continue to provide the products, we can still require you to make the payment at a later date.
12.5 Cancellation of the Installation Service. You may cancel the installation service and we will refund your deposit for any reason, within 3 days of the date on which the order confirmation was signed by you and us by sending us a letter by recorded delivery to: Dimple Glazing, Unit 5, Argent Centre, The Argent Centre, Silverdale Rd, Hayes UB3 3BS. Upon cancellation of this Contract, we may charge you a pre-fit service fee of 5% of the full price of this Contract.
12.6 Entire Agreement. This Contract constitutes the entire agreement between you and us relating to its subject matter and in relation to such subject matter supersede all earlier understandings and agreements between you and us. You acknowledge and agree that you have not entered into this Contract in reliance upon any representation or warranty other than as set out in this Contract. No representation, warranty, condition or any other term is to be implied into this Contract whether by virtue of any usage or course of dealing or otherwise expect as expressly set out in it.
12.7 Which Laws Apply To This Contract And Where You May Bring Legal Proceedings. This Contract is governed by English law, and you can bring legal proceedings for any dispute in the English courts.
12. INSTALLATION WARRANTY
13.1 This installation warranty guarantees the following:
a) PVCu windows and door frames are guaranteed against any failure in welded joints and distortion in accordance with system supplier’s recommendations for a period of no longer than 10 years from completion of installation.
b) Glass sealed units which are manufactured and installed by us are guaranteed for a period no longer than 10 years after the installation date and guaranteed for a period no longer than 5 years in case of supply only, for the failure of hermetical seal, which may result in condensation. No guarantee or warranty is given by us concerning the occurrence prevention or elimination of condensation except between the panes of glass forming the sealed unit.
c) This guarantee does not cover for breakage of glass after the installation is completed.
d) All foiled products will carry a 5-year guarantee.
e) Locking mechanism and hinges and all metallic moving parts are guaranteed for 1 year subject to regular maintenance by you. Cosmetic decoration to handles, letter plates and door handles due to general wear and tear are not covered by this guarantee.
f) All building work of any description will be guaranteed for a period of 12 months from the commencement date in respect or workmanship.
g) Stained glass and lead work are not guaranteed against fading or discolouration.
h) Door panels are guaranteed for a period of 12 months against warping and twisting.
i) Advice should be sought by you before attempting to attach fixtures and fittings to or around products supplied.
13.2 The foundation, under building and brickwork of the conservatory structure is guaranteed against defect in workmanship for a period of 2 years from installation date and for a further 3 years thereafter in respect of structural defects, subject to:
a) All works comply with current building regulation and or British standards:
b) All products are manufactured to relevant British standards and have been installed in accordance with the manufacturer’s instructions.
c) You will have the benefit of any manufacturing guarantees that are in existence.
d) We do not accept liability under this warranty for any design or specification faults.
e) Any claims under this warranty must be accompanied by a professional report to substantiate said claim.
f) All efforts to mitigate any loss must be made by you.
g) All professional fees and costs are to be borne by you in all claims.
h) On the day of fitting, we will have to remove the curtains. We will not be liable for any damage to the curtains or the curtain railings.
i) You will be responsible for removing and refitting the telephone wiring and alarm wiring attached to the old windows.
j) Conservatory roofing sheets of any description are not guaranteed against abnormal climate changes which may cause the structure of material used to breakdown in some way, also the guarantee does also not cover against any penetration of insects, misting and mould growth between the chambers of the sheets, misting and mould growth between the chambers of under normal climatic conditions.
13.3 To make a claim under your warranty you must contact us at dimple@dimplegroup.com and provide written or photographic evidence of any defect or fault.
13.4 We will investigate the claim and if we believe there is a defect or fault covered by the warranty, we will at our option either repair the defective product (or part) or replace the defective product (or part).
13.5 If you do not allow our representative to review the defect or fault which is subject to the warranty claim you will invalidate the warranty in respect of that claim. We will charge you £100 plus VAT to attend your property to investigate the defect or fault (“Call Out Charge”). If the defect or fault is included in the warranty, we will refund the Call Out Charge to you. If the defect or fault is not included in the warranty, we will not refund the Call Out Charge to you.
13.6 Any repaired or replacement cabinet parts shall be guaranteed on the terms of this warranty for the unexpired portion of the warranty period only.
13.7 This warranty is non-transferrable and is personal to the original purchaser as shown on the invoice.
13.8 This warranty is subject to the jurisdiction of the courts of England and Wales, and any dispute or claim arising out of, or in connection with it or its subject matter, shall be governed by, and construed in accordance with English law.