Terms & Conditions
Information about us
http://www.appliedwdp.co.uk/ is a site operated by Applied Windows ("We"). We are registered in England and Wales under company number 08411750 and have our registered office at:
UNIT D1, ACCESS 12, STATION ROAD,
THEALE, READING BERKSHIRE,
Accessing our site
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
When using our site, you must comply with the provisions of our acceptable use policy.
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
Intellectual property rights
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
Reliance on information posted
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
Our site changes regularly
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
- All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
- Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill;
- wasted management or office time; and
- for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Information about you and your visits to our site
Viruses, hacking and other offences
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
Linking to our site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.
If you wish to make any use of material on our site other than that set out above, please address your request to: email@example.com
Links from our site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Jurisdiction and applicable law
The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
Terms and Conditions of Sale (Supply only or supply and fit)
In these conditions, except where the context otherwise requires, the following words shall have the meanings:
'The Customer' means the person, firm or company with whom or with which the Company contracts subject to these conditions. 'The Company' means Applied Windows, Doors and Plastics Ltd and associated Applied Group companies whose registered office is Unit D1, Access 12, Station Road, Theale, RG7 4PN. 'The Contract' means the Contract made, or to be made between the Company and the Customer subject to these conditions. 'The Goods' means the articles, products and all things, if any, including samples where relevant which form the subject matter of this Contract.
These conditions may not be modified or varied unless the Company agrees in writing and the Company shall not be deemed to accept any other conditions, even if placed in a purchase order or any other communication from the Customer. All orders are subject to these conditions and the placing of an order shall be considered as acceptance of these conditions.
Unless otherwise agreed in writing all orders are accepted subject to prices and any relevant discounts ruling at the date of despatch, and any price lists of the Company whether published or not shall not affect the right of the Company to charge for goods in accordance with this clause. All prices are subject to the addition of Value Added Tax at the appropriate rate. All prices quoted are exclusive of delivery charges. The Company reserves its right at its absolute discretion to refuse an order placed by any Customer.
4. SETTLEMENT TERMS
- All accounts are payable in accordance with the terms set out on the Company's quotation form or confirmation of order form or invoice; or if no terms are mentioned on those documents, within 7 days of the invoice date. No receipts will be issued against payment by cheque unless specifically requested. The Company, at its discretion, reserves the right to charge interest on overdue accounts at 2% above the Bank Base Rate per month. The Company can exercise this right in addition to any other rights it may have in respect of the goods or non-payment.
- Where the Contract is to be or may be fulfilled in separate deliveries or part deliveries, payments for each such delivery or part-delivery, shall be made as if the same constituted a separate Contract.
- If the Customer is in default of payment in relation to any invoice the Company reserves the right to demand in writing immediate payment of sums outstanding under all invoices whether or not payment is due to the Company. If payment is not received forthwith the Company reserves the right to take any steps it considers necessary in order to effect payment of all monies invoiced to the Customer.
Any Contract shall be subject to the Company having informed the Customer that the goods are ready for delivery and the Company may refrain from delivery of the goods until such time as the Customer tenders the purchase money to the Company in a form satisfactory to the Company.
All Orders should be made in writing. Orders sent in confirmation of telephone instructions should be clearly marked as such, otherwise any additional expense incurred by the Company as a result of duplication of order will be charged to the Customer.
- Delivery, unless the confirmation of order otherwise provides, shall be deemed to take place when the goods are handed to the Customer by the Company at the Customer’s premises or to the Customer or his representative or fitter at the Company’s premises for carriage to the Customer’s premises. Delivery dates are given in good faith by the Company, subject to delivery times stated by our suppliers, to indicate estimated delivery times but shall not amount to any contractual obligation to deliver at the time stated. No liability for direct or consequential loss or damage of any nature whatsoever arising from delay in delivery will be accepted by the Company. Goods quoted from stock are quoted subject to being unsold at the time the order is accepted.
- The Customer shall pay to the Company reasonable storage charges for any period subsequent to the date of delivery during which the customer fails or neglects to collect or accept delivery of the Goods.
8. TITLE TO GOODS
- The risk in the Goods shall be passed to the Customer on delivery either at the Company’s or the Customer’s premises as stated in 7a) above.
- Until full payment has been received by the Company for all the Goods howsoever supplied and all services rendered at any time by the Company to the Customer;
i) Property in the Goods shall remain in the Company; and
ii) Subject to conditions iii) and iv) below, the Customer shall be free to sell the Goods in the ordinary course of its business on the basis that the proceeds of the sale shall be the property of the Company, and the Customer shall account therefore to the Company on demand. The Customer will have no authority to enter into any Contract of sale on behalf of the Company; and
iii) The Company may at any time revoke the Customer's power of sale referred to in Condition ii) above, by written notice to the Customer if the Customer shall be in default in payment of any sum howsoever due to the Company for seven days or more or if any cheque or negotiable instrument shall be dishonoured, or if the Company in good faith shall have doubts as to the solvency of the Customer; and
iv) The Customer's power of sale referred to in condition ii) above shall automatically cease if any receiver and/or manager or administrator or administrative receiver shall be appointed over any or all of the assets or undertaking of the Customer, or if any winding up order shall be made against the Customer, or if the Customer shall go into voluntary liquidation (otherwise than for the purposes of, and followed by reconstruction or amalgamation) or call any meeting of or make any arrangement or composition with creditors or if any petition in respect of a bankruptcy order shall be presented against the Customer or if an application shall be made for an interim order in connection with any proposals for a voluntary arrangement of the Customer's affairs; and
v) Upon the determination of the Customer's power of sale under conditions iii) and iv) the Customer shall place the Goods at the disposal of the Company, and the Company shall be entitled, using only such force as may be necessary, to enter upon any premises of the Customer for the purpose of removing the Goods from the premises; and
vi) The Company shall at any time be entitled to appropriate any payment made by the Customer in respect of any Goods in settlement of such invoices or accounts in respect of such Goods as the Company may in its absolute discretion think fit notwithstanding any purported appropriation to the contrary by the Customer.
9. INSPECTION AND DELIVERY, SHORTAGES AND COLOUR MATCH
On receipt or within 24hours at the latest, Goods should be checked with the advice note enclosed with the Goods and should be examined to ensure that there are no defects and that the Goods are of merchantable quality and to ensure that the colour and size supplied is correct. Goods received in a damaged or unsatisfactory or unmerchantable condition must be signed for as such. Returns will not be accepted if the Goods are incorrectly supplied or the colour or size is wrong once they have been fitted, altered or modified in any way. If no notification is received by the Company within 24 hours of delivery the Goods will be deemed to have been delivered in accordance with the delivery advice note, to be of merchantable quality and to be satisfactory in all respects. In the event of the Company receiving notification from the Customer within 24 hours of delivery to the effect that the Goods are not the Goods ordered or are the wrong colour or size or are not of merchantable quality then the Company will as soon as practicable arrange for the Goods to be inspected. If the Company then agrees that the Goods are faulty in any way they will as soon as practicable replace the Goods. If the Company does not agree with the Customer's contention that the Goods are faulty then the matter will immediately be referred to arbitration under the terms of Clause 15 hereof.
Goods correctly supplied may not be returned without the Company's written agreement. Goods so returned must be consigned "carriage paid" and accompanied by a packing note stating the Company's invoice number and date thereof together with the reason for return. Any article which has been supplied to special requirements or measurements cannot be accepted for credit under any circumstances, and in other instances, a re-stocking charge may be imposed. Returns will only be accepted if all items are unmarked and in new condition with item packaging (if applied) unbroken.
- The Company's liability in respect of Goods manufactured and supplied by it shall be limited to repair or replacement of any Goods developing defects whilst correctly installed and in normal use where such defects are due to faulty design, materials or workmanship and occur and are notified to the Company in writing by the Customer within seven days of the Customer taking possession of the Goods or completion of fitting by the Company; (full details of the product warranty are set out in the installation guidelines which are supplied with the goods and will be deemed to be part of these conditions); The Company will not be liable for goods which have been fitted incorrectly if the Company has ‘Supplied Only’ or that have not been fitted in accordance with the fitting instruction pamphlet; and
- At the Company's discretion, any Goods alleged to be defective shall be returned at the Customer's expense to the Company's works for inspection; and
- The Company, its employees and its agents shall be under no further liability for any injury, loss or damage of any kind whatsoever or howsoever arising whether indirect or consequential; a non- exhaustive list of such losses would include:
a) Loss of profit
b) Loss of contracts
c) Damage to the Customer's property or property of any other person. The Company shall not be liable for costs where existing infrastructure or wiring needs to be removed or cut to effect appropriate fitting of products i.e. where alarm, telephone or other such cables are drilled through existing door or window frames and need to be removed. Any costs for reconnection of such cables and services are the responsibility of the Customer.
d) Personal injury to the Customer or any other person other than that caused by the Company's negligence.
The Customer accepts that it is their responsibility to insure against the risks outlined in 11 iii) (a-d) above; and
iv) All conditions and warranties expressed or implied by statute, custom, common law, or trade practice are hereby expressly excluded to the extent allowable; and
v) The Company shall be under no liability in respect of any defect in the Goods arising from any drawing, design or specification supplied by the Customer; and
vi) Where glass is supplied it may be subject to minor imperfections in manufacture and the Company will not accept any liability for such imperfections.
12. DESCRIPTIVE MATTER AND ILLUSTRATIONS
All descriptive and forwarding specifications, sales catalogues, drawings and particulars of weights and dimensions issued by the Company are approximate only and are intended only to present a general idea of the Goods to which they refer and shall not form part of the Contract.
All drawings, descriptions and other information submitted by the Company shall remain the property of the Company together with the Copyright therein.
14. CUSTOMER'S OBLIGATIONS
The Customer will ensure that all Goods are used and fitted by experienced and trained personnel. Where appropriate the fitter should refer to the fitting instruction pamphlet, and the Customer should be given a copy of the maintenance pamphlet and it should be explained to the Customer by the fitter. If for any reason the Customer does not know how to use or fit the Goods properly, he should specifically request the Company in writing to supply further information and/or explanatory leaflets for that purpose. The Customer will keep the Company fully indemnified as a result of any accident or claim by a third party which arises as a result of the Customer's negligent act or omission howsoever it occurs.
In the event of any dispute hereunder the matter shall be referred to a single arbitrator appointed by agreement between the parties or, in default of agreement within seven days, nominated on the application of either party by the President for the time being of the Royal Institute of British Architects. The arbitrator's decision shall be final and binding upon the parties and the arbitrator shall have the right to nominate how the costs of the arbitration shall be paid by the parties.
16. GOVERNING LAW AND JURISTICTION
The Contract shall in all respects be governed by and construed in accordance with English Law and the Company and the Customer shall submit to the jurisdiction of the English Courts
17. CONTINUAL IMPROVEMENTS
As it is company policy to continually improve products, methods and materials, changes of specification may be made from time to time without prior notice. Slight variations in colour may occur due to the handcrafted nature of some products or the limitations of the printing process. This statement does not affect your statutory rights.
18. CANCELLATION POLICY
The Company will only agree to cancellation up to the date of manufacture provided that the manufacture of the Goods concerned has not started and on condition that:
(a) All costs and expenses incurred by the Company up to the time of cancellation and all loss of profits and other loss or damage suffered by the Company by reason of such cancellation will be paid forthwith by the Customer to the Company; and
(b) Any cancellation that is notified to the Company by telephone shall be followed by notification in writing within 48 hours of the initial telephone notification.
19. CONSEQUENTIAL LOSS
Applied Windows, Doors and Plastics Ltd will not be held responsible for any consequential losses following installation of products via a third party
If you have any concerns about material which appears on our site, please contact firstname.lastname@example.org
Thank you for visiting our site.
Applied Windows ("We") are committed to protecting and respecting your privacy.
The type of information we will collect about you includes:
- Your name and address
- Your phone number and e-mail address
- The information included in any documents you complete or online services to which you subscribe
- Details about the services you specifically request; and
- Information you complete in relation to our client surveys.
We will never collect sensitive information about you without your explicit consent.
Any information that we collect about you is stored electronically on our database. It may also be printed and stored in our filing system.
The information you provide to us when using this Website will be processed for the following reasons:
- To administer your user account with us
- To process any request for advice or information supplied by us
- To customise this Website according to your interests
- To comply with our statutory and regulatory obligations and
- To process any application made by you for a position with us
Additionally we may contact you from time to time by post and/or telephone to notify you of our bulletins, information packs and services. If you do not wish to receive additional information from us, you can let us know by checking the appropriate box on the new account registration form or by e-mailing: email@example.com
We will keep your personal information confidential except to the extent that we are compelled to disclose it by law (for example where fraud or other crime is involved) or to comply with an instruction of a regulatory body of competent jurisdiction. From time to time we may be called upon to demonstrate our maintenance of certain professional standards as set by appropriate authorities and/or to satisfy our auditors and/or to comply with regulations in relation to money laundering or other statutory requirements. If you do not consent to our production of your details for this purpose only as an exception to our duty of confidentiality, you can let us know by checking the appropriate box on the new account registration form.
Disclosure of your information
We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
We may disclose your personal information to third parties:
- In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
- If the business or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at: firstname.lastname@example.org
Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
If you believe that the information we hold about you is inaccurate, write to us at the above address or email: email@example.com
To comply with the Data Protection Act 1998 we adhere to strict security procedures. The personal information which we hold will be held securely to ensure no unauthorised disclosure or access. When you register for a user account with us you will be required to adhere to the security provisions set out in our terms and conditions.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
Access to information
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.