OPTIMUS TERMS & CONDITIONS
Interpretation
Your Agreement
The Order Form, the Order Agreement & Acceptance confirmation, the Site Survey Form, and all Terms herein.
The Company Information
Optimus Windows and Doors/Optimus windows and doors Ltd (Here after called the company)
The Customer
The person or persons that purchases products or goods supplied, or supplied and fitted, any Improvement including windows
and doors or any glazing, PVCU products, or of any form of construction built or installed by the Company.
The Installation Site
The site specified by Customer for installation of any project, Home improvement or form of construction as per order placed.
Order Acceptance confirmation
The order/agreement confirmation issued to the Customer following receipt of an Order Form/acceptance/agreement and the
requisite/required deposit
Order Form/Agreement
The order form/agreement signed by the Customer/customers confirming acceptance of these Terms, Any order will be
approved or amended as a received email of intention will be deemed a order, or agreement to proceed, once the email as be
approved and confirmed by the company.
Property
The property within or upon which the Installation Site or any construction or projects takes place and is located.
Terms The terms and conditions set out below (T&Cs)
1. Basis of Sale
1.1 The Company will sell any Home Improvement inc windows & doors either standard/bespoke or any construction
associated to, subject to these Terms.
1.2 The Customer agrees that the Agreement constitutes the entire understanding between all parties hereto and there are no
representations, warranties, conditions and terms or obligations (implied or otherwise) either written or oral, express or implied
by custom or otherwise other than those specifically contained in the Agreement/acceptance.
1.3 Any typo, clerical or other error or omission in the order/agreement confirmation invoice or any other document or
information issued by the Company shall be thereby subject to correction without any liability on the part of the Company.
2. Orders
2.1 All and any Order Forms will be formally accepted by the Company following receipt of an Order Form/acceptance agree
together with the requisite required and agreed deposit. We will undertake and accept any email as a acceptance of order or
amendment, once agreed and replied to.
2.2 If for any reason no formal Order/Acceptance agreement Confirmation is issued by the Company, the Customer in
accepting delivery and installation of goods or any construction works shall be bound by these Terms and Conditions.
2.3 Once any Order Acceptance/agreement and confirmation has been supplied and passed on from the Company to the
Customer/customers it may only be cancelled within 7 days of the signed order/acceptance or agreement, or the installation
date deferred with the written agreement of the Company signed by a director and on the condition that the Customer
indemnifies the Company for all costs incurred as a result of the cancellation or deferral including labour, materials, any other
charges and expenses. ( changes made on any agreed date will not count as a new cancellation period and the original order
date and all conditions still stand).
3. Customer Warranties
The Customer warrants that;
3.1 the Company will have unrestricted access to an adequate supply of electricity at all times during the installation at the
Property
3.2 it will grant the Company suitable access to the Property at all times until payment in full has been made
3.3 it is the proprietor of the Property
3.4 it has obtained all required consents for the installation of the goods including (without limitation);
3.3.2 consent or planning permission from any local or public authority, any consent inc planning, conservation or listed
building, building regulation requirements is the responsibility of the customer, unless the company has agreed to undertake
such in writing.
3.4 the installation of the goods does not contravene any planning or other regulation or legislation
The Customer hereby agrees at all times to keep the Company indemnified against all claims costs demands and liabilities
arising as a result of the Customers breach of any warranty in this Clause 3 including (without limitation) the costs incurred by
the Company as a result of any delay whilst such consents are obtained.
3.5 The company will work within the up to date regs and will either supply a certificate excluding composite doors for works
completed and will supply insurance back guarantee for compliance of regs should the company cease to trade.
4. Installation (If not supply only)
4.1 The Goods shall be installed by the Company at the legally owned property of the customer/customers, unless otherwise
agreed in writing.
4.2 Any date specified by the Company in the Order Acceptance Confirmation for the installation of the goods is approximate
only and will be confirmed by the Company at least 5 working days before installation. This date shall not be made of the
essence by virtue of this confirmation. Where no dates are specified, installation will be within a reasonable time. Subject to the
other provisions of the Terms the Company will not be liable for any loss, costs, damages, charges or expenses caused directly
or indirectly by any delay in the delivery or in the actual installation of the goods, nor will delay of any installation entitle the
Customer to terminate or rescind the Agreement. Any liability of the Company for non-delivery of the goods shall be limited to
refunding the deposit (if any).
4.3 The Company shall and will use all reasonable endeavours not to cause damage to the Customer’s property and shall
make good any damage caused, if in a reasonable state of good condition before any damaged caused. The company will not
be responsible for any specialist plaster material or decorating.
4.4 If in the reasonable opinion of the Company the installation site is not accessible or does not otherwise comply with Clause
3 the Company may without limiting its rights and in its absolute discretion defer installation to a later date subject always to the
Customer/customers indemnifying the Company for all additional costs incurred due to such deferment or the Company may
cancel the Agreement with immediate effect whereupon the Customer/customers deposit will be returned less an amount in
respect of all the Company’s charges and expenses in connection with the Agreement up to the time of such cancellation.
5. Company Warranty
5.1 The Company will warranty/guarantee its products for a specified time. UPVC frames 10yrs, glass sealed units 5 yrs.,
ancillaries i.e., hinges, handles and letter boxes or others 1 yrs.
Building works are not covered in any guarantee as is sub-contracted works or third party works by others. We will not
guarantee any work which has not be originally done by the company, for example, we will not guarantee a conservatory not
installed by the company when we might fit a new door within that said conservatory.
5.2 Any repaid or replaced goods will be guaranteed on these terms for the un-expired portion of the one month period.
5.3 The company will transfer the remaining portion of guarantee to a new owner of property, but reserve the right to extend
any guarantee unless inspected by the company within 14 days of completion, a transfer admin fee will be payable of £160 if
agreed to extend the guarantee. The company will reserve the right to extend the guarantee in which no fees will be payable.
6. Alteration in Specification
The Company shall reserve the right to make any changes in the specification of the goods or projects which do not materially
alter their quality or function or where it is necessary to conform to any applicable safety or other statutory requirements. The
company reserve the right that any dimension or dimensions shown on any forms or agreements may not be exact, but every
attention to detail will endeavour to be completed as agreed.
7. Title of goods
7.1 Title of the goods shall not and will not pass to the Customer/customers until the Company has received payment in full
(whether in cash or cleared funds) of all sums due to it in respect of the goods/installation/associated works or any other project
or works.
8. Price and Payment Terms
8.1 The price for the goods/installation/construction projects and including any Optional Extras shall be set out in the Order
Acceptance/Agreement Confirmation. Extras can be agreed and accepted by email. The price shall be inclusive of any value
added tax required and necessary unless stated otherwise but excludes any other applicable tax which the Customer shall pay
in addition to the price.
8.2 All prices quoted are valid for 30 days from the date stated on any quotation either verbal, written or email. Any orders
placed after the 30-day period shall be deemed elapsed and may be subject to any price changes or changes needed to be
current.
8.3 Unless otherwise stated and agreed, a deposit of 30% of all sums payable to the company will be payable on ordering the
goods agreed from the Company. A further stage payment of 50% is due on delivery date of goods to the company and
installation booking date. The balance is due on completion date.
8.4 The Customer shall make the full payment due without any deduction whether by way of set-off, counterclaim or otherwise
and no payment shall be deemed to have been received until the Company has received full cleared funds to its account.
8.5 Outstanding Work- On completion of the ‘main’ installation, the balance payment will is due as per clauses 8.3 and 8.4.
Should there be any outstanding work i.e., items to be replaced due to manufactures quality or default, the customer will make
full payment of the balance, minus the value of the items to be replaced only. The ‘value’ of the items will be supplied and is at
the discretion of ‘Optimus Windows and Doors’. Failure to make payment subject to clause 8.5, clause 9.1 will apply to the
remuneration of the balance minus the value of the items to be replaced. Upon completion of the ‘outstanding work’ the
retained value will be paid by the customer with clauses 8.4 and 9.1 applicable.
9. Failure to Make Payment
9.1 If the Customer fails to pay the full payment on the due date, then without prejudice to its other rights and remedies the
Company may charge interest both before and after Judgement on the amount unpaid at the rate of 10% per annum above the
Barclays Bank base lending rate from time to time compounded monthly and until payment is made in full with a part of a month
being treated as a full month for the purposes of calculating interest.
10. Enforceability and Severability
Any provision of these Terms which is held to be illegal, invalid, or unenforceable or unreasonable whether in whole or part
shall to the extent necessary be deemed severable and the other provisions of these Terms and Conditions shall and will
remain unaffected
11. Force Majeure
The Company shall not and will not be liable to the Customer or deemed to be in any breach of these Terms and Conditions
because of any delay or failure to perform any of the Company’s obligations if the delay or failure was due to any cause beyond
the Company’s control.
12. Governing Law
Any claim or dispute arising out of these Terms shall be governed by the laws of England and Wales and the parties submit to
the exclusive jurisdiction of the English courts.
Disclaimer
The information contained in this website is for general information purposes only. The information provided is provided by the
company and while we endeavour to keep the information up to date and correct, we make no representations or warranties of
any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website
or the information, products, services, or related graphics contained on the website for any purpose.
A tree planted for every installation with Optimus.