• “Conditions”: means these standard terms and conditions set out in this document and any special terms and conditions specifically agreed in writing between the Customer and Finlock Gutter Solutions UK Limited from time to time;
• “Contract”: means the contract between the Customer and Finlock Gutter Solutions UK Limited for the purchase and installation of the Products incorporating these Conditions;
• “Customer”: means the person described as the Customer in the Purchase Order; Signed email reply; Adobe Sign Document
• “Premises”: means the premises at which the Products are to be installed by Finlock Gutter Solutions UK Limited which is a property that must be owned or controlled by you.
• “Products”: means the products as manufactured, supplied by third parties and/or installed by Finlock Gutter Solutions UK Limited and as set out in the Schedule of Works; Fascias Set (any or all in combination of Fascias, Soffits, Guttering and ancillary parts)
• “Purchase Order” means the pro forma order form signed by the Customer;
• “Schedule of Works”: means the work to be carried out by Finlock Gutter as set out in the Contract;
• “Finlock Gutter”: means Finlock Gutter whose head office is at 17 – 18 Abbey Street, Nuneaton. Warwickshire CV11 5DR;
• “writing” and “written”: includes written letter, facsimile transmission and comparable means of communication including e-mail.
• “Payment”: Payment on the Contract which must be in cleared funds prior to the start of the installation.
2. BASIS OF PURCHASE
(a) The Contract is made between Finlock Gutter (otherwise known as Finlock Gutter or the Company) and the Customer in accordance with any written quotation of Finlock Gutter, which is accepted by the Customer and which is subject to these Conditions which shall govern the Contract (or any variation of the Contract as applicable) to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted or any such order is made or purported to be made by the Customer.
(b) Any illustrations in Finlock Gutter Solutions UK Limited’s promotional literature and documentation are for guidance purposes only and are not binding on Finlock Gutter Solutions UK Limited or to scale. All colour stained swatches are for the Customer’s guidance purposes only and Finlock Gutter Solutions UK Limited cannot guarantee exact colour matches due to the manufacturing processes.
(c) The Contract is personal to the Customer and the Customer shall not be permitted to assign the Contract or any part of it without the prior written agreement of a director of Finlock Gutter Solutions UK Limited.
(a) The Contract is conditional upon an e-survey using our specialist software, or where our software is unable to complete the survey, a surveyor appointed by Finlock Gutter Solutions UK Limited (the “Surveyor”) approving the Schedule of Works and specifications as contained in the Contract including the costing.
(b) In the event the Surveyor believes that the Schedule of Works and specifications detailed in the Contract need to be amended in any way or additional works need to be carried out, the Contract shall be amended by Finlock Gutter Solutions UK Limited in its sole discretion and signed by both Finlock Gutter Solutions UK Limited and the Customer (the “Variation of Contract”).
(c) The Customer agrees that Finlock Gutter Solutions UK Limited shall not be obligated to carry out any works pursuant to these Conditions until the provisions of this clause have been satisfied.
(d) In the event the Surveyor is unable to approve the Schedule of Works and/or the specifications contained in the Contract for any reason whatsoever or the Customer refuses any amended Schedule of Works or other amendments, then Finlock Gutter Solutions UK Limited shall repay to the Customer the deposit (without any payment of interest) and the Contract will be terminated.
(e) The Customer hereby acknowledges and agrees that the Surveyor, in carrying out his obligations pursuant to this clause 3, will only ascertain the feasibility of the Schedule of Works specified in the Contract. The Surveyor is not a building surveyor and will not undertake a general survey of the Premises but will survey such areas of the Premises that relate directly to the Schedule of Works. Finlock Gutter Solutions UK Limited shall not be liable for remedying any defect existing in the Premises before the date of installation pursuant to the Schedule of Works or for any damage arising therefrom. Should the contract be for the installation of PVCu or wooden windows, where Finlock Gutter Solutions UK Limited insists that new lintels are required where none existed previously or where existing lintels have deteriorated, any new lintels are the responsibility of the Customer and not Finlock Gutter. In the event Finlock Gutter Solutions UK Limited needs to carry out any remedial works prior to carrying out the Schedule of Works, Finlock Gutter shall give to the Customer a written quote for such additional works. If Finlock Gutter Solutions UK Limited is unable to carry out the remedial works or the Customer wishes to appoint a third party to carry out such remedial works Finlock Gutter Solutions UK Limited shall not commence the Schedule of Works until such time as the remedial works have been completed to Finlock Gutter Solutions UK Limited’s satisfaction and the Premises have been re-surveyed.
(f) The Customer hereby acknowledges and agrees that the Fascias are fitted by use of Scaffold and that it is essential the home owner indicates to the Surveyor or Fitters their boundary. The Company takes no responsibility for installing our Fascias Sets on property indicated to it as the Customers which is found not to be in the Customers possession, for example: installing on a small part of a neighbouring property. The Customer shall be liable for the full cost of removal and making good should the Company be required to do so.
You have the right to cancel this contract if you want to;
(a) Products such as windows which are made to measure and made to your specific requirements are exempt from the right to cancel under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. However, in accordance with the Certass Consumer Code of Good Practice we provide you with a right to cancel without charge up to 7 calendar days after the date of the contract.
(b) Products which are not made to measure – in addition to the right to cancel without charge up to 7 calendar days from the date of contract, you have a right to cancel the contract up to 14 calendar days after the date of delivery. However, you agree that the survey, erection of any necessary access equipment and installation work for such products may start before the end of this 14 days’ cancellation period. If you cancel we will collect the products delivered but not installed and we will charge you our reasonable costs of collection. We will also charge you our reasonable costs for the survey, access equipment and installed products provided up to the point of cancellation.
(c) Your right(s) of cancellation referred to above can be exercised by delivering or sending a cancellation notice to the company mentioned in the next paragraph within the time periods indicated.
(d) The cancellation notice may be given to Finlock Gutter Solutions UK Limited, Head Office; 17 – 18 Abbey Street, Nuneaton Warwickshire. CV11 5DR; email: firstname.lastname@example.org. You must use your Contract Reference in the Cancellation letter that.
(e) The notice of cancellation is deemed to be served as soon as it is posted or sent to Finlock Gutter Solutions UK Limited or in the case of an e-mail, when you receive a “READ RECEIPT” from the day it is sent to Finlock Gutter.
(f) Any related credit agreement will be automatically cancelled if the contract for goods or services is cancelled.
(g) Finlock Gutter Solutions UK Limited shall be entitled to cancel the Contract for whatever reason without penalty by giving the Customer written notice:
• at any time prior to the commencement of installation of any of the Products; or
• in the event the Customer fails to pay any interim payment when due.
No variation of these Conditions or the Contract shall be binding unless agreed in writing by both Finlock Gutter Solutions UK Limited and the Customer.
• Subject to sub-clause 5(b) the time of delivery, the period for installation of the Products and final completion as set out in the Contract or the Variation of Contract is approximate only and Finlock Gutter Solutions UK Limited shall not be liable for any delay in the delivery, installation and completion of the Products howsoever caused. Time shall not be of the essence for the purposes of these Conditions and the Contract.
• In the event the Customer is financing the Contract by a Building Society or a Finance Company the estimated period of delivery shall be calculated from the date that the confirmation of approval of the loan is received or the date of the Contract (whichever is later).
• If the work is not commenced within the estimated installation period stated in the Contract, the Customer may serve written notice on Finlock Gutter Solutions UK Limited requiring the work to be completed within a reasonable period of time but in any event no less than 6 weeks (the “Extended Period”). If Finlock Gutter Solutions UK Limited fails to carry out the work within the Extended Period, the Customer may cancel the Contract (without liability) by providing to Finlock Gutter Solutions UK Limited not less than 7 days’ written notice and will receive a refund of any monies which represent a payment for the installation of the Products by Finlock Gutter Solutions UK Limited pro-rated against the actual work carried out by Finlock Gutter Solutions UK Limited.
7. CUSTOMER OBLIGATIONS
• The Customer undertakes to ensure that all applicable consents, permits, permissions and government requirements (including without limitation planning permission and building regulation approval) are obtained prior to Finlock Gutter Solutions UK Limited commencing the Schedule of Works.
• Finlock Gutter Solutions UK Limited will not be responsible for moving any services, fixtures or fittings which are ancillary to the basic structure of the property including without limitation radiators, pipes, electricity, telephone, television cables, Solar Panel, Solar PV Installs, door bells, burglar alarms or gas The Customer must ensure that such removal is carried out prior to Finlock Gutter Solutions UK Limited commencing the Schedule of Works.
• Finlock Gutter Solutions UK Limited shall clear from the Premises any materials it has removed during the course of carrying out the Schedule of Works. The Customer acknowledges and agrees that any such materials cannot be retrieved unless it is clearly specified in the Contract that they are to be retrieved.
• The Customer acknowledges that scaffolding may interfere with any satellite signal due the nature of its receiving of signals. The Customer also understands that the scaffolding may interfere with any satellite signal in any neighbouring property due to the nature of “Line of Sight” receiving signals. While the Company takes steps as practicably possible to minimise any signal disruption, The Customer is responsible for notifying any neighbouring property that could be affected.
• The Customer acknowledges that it is necessary to site a skip that is required for the removal of rubbish from the property as a result of waste being removed from the installation. It will not be responsible for any damage to lawns, grassed areas, paths or driveways. Should the Customer have concerns, they are advised to contact the Company prior to the start of the Installation.
• Whilst Finlock Gutter Solutions UK Limited shall render all finishes in one coat sand and cement the Customer shall be responsible for all specialist finishes.
• To ensure all Solar Panels or items connected to the Solar Installation are removed prior our fitting team’s arrival. Finlock Gutter cannot remove or touch, or start any roofline work if Solar Panels are in-situ upon arrival.
• The Customer shall be responsible for the removal and replacement of any blinds, pelmets and curtains.
• In the event the Customer wishes Finlock Gutter Solutions UK Limited to remove any secondary double glazing Finlock Gutter Solutions UK Limited shall charge the Customer at the current rate. For the avoidance of doubt Finlock Gutter shall not be responsible for the refit of the secondary double glazing and cannot guarantee that it will be removed intact.
(a) Whilst Finlock Gutter Solutions UK Limited will endeavour to ensure that the completed Schedule of Works matches the existing finishes at the Premises, Finlock Gutter Solutions UK Limited shall not be liable to the Customer in respect of non-matching due to weathering of existing materials at the Premises or non-matching of existing external specialist finishes including without limitation pebble-dashing, Tyrolean or similar material. Similarly, when variations occur in existing plaster lines Finlock Gutter Solutions UK Limited cannot guarantee that equal amounts of sub-frame will be visible all round.
(b) In the event Finlock Gutter Solutions UK Limited needs to remove or replace existing glass, frames or secondary double glazing units for replacement PVCu Installations and need to use scaffolding installed by a third party local company in the process of installing any Fascias sets, Finlock Gutter shall not be liable for any damage caused as a result of such removal or replacement.
• Whilst Finlock Gutter Solutions UK Limited will make good any damage caused by it in the course of installation in respect of plaster work, floors, rendering or brickwork immediately surrounding any products installed, it will not be obligated to provide matching ceramic or others tiles or specialised finishes or be liable to the Customer in the event there is any damage to surround wall finishes or any panes of glass or frames from old windows which the Customer wishes to retain.
• Finlock Gutter Solutions UK Limited shall not be liable for any loss or damage suffered or incurred by the Customer as a result of any structural or other defects in the Customer’s Premises. Any complaint or claim by the Customer for compensation for damage done by Finlock Gutter Solutions UK Limited for which Finlock Gutter Solutions UK Limited may be liable under these Conditions must be made in writing within 7 days of installation, in default of which Finlock Gutter shall accept no liability
• Finlock Gutter Solutions UK Limited shall not be liable for any delay in the completion of the work which arises from causes beyond their reasonable control (for example fire, flooding, civil disturbances, strike action, action by suppliers, criminal damage and acts of Time shall not run during any period when there is a delay on such accounts.
• Non acceptance of the installation will render the Customer liable for additional expenses. If within 6 weeks of the end of the estimated installation period, the Customer is unable to accept an appointment for installation, 80% of the purchase price will be payable to cover the costs incurred by Finlock Gutter Solutions UK Limited for the manufacture and or procurement of the products. Installation or delivery will follow as soon as is reasonably practicable by agreement and the remaining 20% balance will be payable.
• Whilst Finlock Gutter Solutions UK Limited shall use its reasonable endeavours to fulfil its obligations pursuant to the Contract, Finlock Gutter Solutions UK Limited shall not be liable for any delay due to, or any loss of damage occasioned by any cause arising from or attributable to, acts, events, omissions or accidents beyond its reasonable control including but not limited to acts of God, strikes, lock-outs, shortage of labour or any other labour trouble, shortage of power, materials, malicious damage or obligatory compliance with any request, order or regulation of any person having or appearing to have authority in that regard whether for defence or other national or local governmental purposes or otherwise.
• Whilst Finlock Gutter Solutions UK Limited will take all necessary care in siting a skip that is required for the removal of rubbish from the property as a result of waste being removed from the installation. It will not be responsible for any damage to lawns, grassed areas, paths or driveways. Should the Customer have concerns, they are advised to contact the Company prior to the start of the Installation.
• Whilst Finlock Gutter Solutions UK Limited shall use its reasonable endeavours to reduce the effects of the scaffold used to carry out installations where necessary, it shall use or reasonable effort in not having the scaffold installed at your property no longer than 7(seven) Days.
9. PRODUCT SPECIFICATION
a. The maximum size of any top hung vent is 1000mm wide x 1000mm
b. The maximum size of any side hung vent is 650mm wide x 1250 deep.
c. The maximum width of any single frame is
d. Frames and vents manufactured outside these parameters will not be covered by the guarantee set out in clause 14. A Rated window are not available with patterned glass.
e. Door panels are supplied with black aluminium spacer bar as the standard specification.
f. Fascia’s are 20mm thick of solid construction
g. Angle Irons are of pressed steel, galvanised to prevent rust
h. Window Energy Ratings apply only to standard casement windows: they exclude vertical sliders, tilt and turns, residential doors, French doors, patios, aluminium frames etc.
i. Finlock Gutter Solutions UK Limited reserves the right to provide a suitable alternative product if required and the product provided may not necessarily be the exact replica of any samples provided.
10. NEW BUILD OR PREPARED OPENINGS
In the event Finlock Gutter Solutions UK Limited is manufacturing the Products to the Customer’s specifications, Finlock Gutter shall not be responsible to check that any such specifications supplied by the Customer are accurate. If the specifications supplied by the Customer are inaccurate, the Customer shall indemnify Finlock Gutter Solutions UK Limited against the cost and expense incurred by Finlock Gutter Solutions UK Limited as a result of manufacturing the Products.
11. BUILDING WORK
Unless the Contract states to the contrary Finlock Gutter Solutions UK Limited shall not carry out, be responsible for or supervise any building work on behalf of the Customer. If the Customer wishes Finlock Gutter Solutions UK Limited to arrange for building work, Finlock Gutter Solutions UK Limited shall appoint a builder and the costs of such builder will be included in the Contract. The Customer acknowledges and agrees that Finlock Gutter Solutions UK Limited shall not accept any liability for any claims, demands, actions, proceedings and all damages, losses, costs, and expenses (including legal expenses) suffered or incurred by the Customer as a result of any building works not carried out by Finlock Gutter Solutions UK Limited.
Finlock Gutter Solutions UK Limited are required to strip back several layers of tiles on Roofline Installations. This includes the removal of Finlock Guttering, whereby the Company removes the installed Concrete Guttering and replaces it and any parts of the roof truss that has rotted. Please see our installation guide for our process.
(a) Finlock Gutter Solutions UK Limited shall be entitled to invoice the Customer for the Price when it has substantially completed the Schedule of Works. Unless otherwise agreed in writing with Finlock Gutter Solutions UK Limited, the Customer shall pay the Price immediately upon substantial completion. Any sum outstanding following substantial completion will be subject to any reasonable fees incurred as a result of collection.
• Finlock Gutter Solutions UK Limited is authorised to accept cash, cheques or Home Improvement loan documents in favour of Finlock Gutter Solutions UK Limited only. If there is some minor defect in the work, the Customer is still liable to pay the invoice pursuant to the terms of this clause 11 but shall be entitled to rely on clause 14.
13. PASSING OF TITLE
(a) Risk of damage to and loss of the Products shall pass to the Customer at the time that Finlock Gutter delivers the Products to the Customer. If the Customer does not allow installation to take place immediately after delivery of the Products, the Customer shall insure the Products against loss and damage accordingly. In the event there is any loss or damage to the Products prior to installation, the Customer shall hold the proceeds of any insurance as trustee for Finlock Gutter Solutions UK Limited.
(b) Notwithstanding delivery and the passing of risk in the Products or any other provision of this Contract, the property in the Products shall not pass to the Customer until Finlock Gutter Solutions UK Limited has received payment in full (pursuant to clause 11) of the Price.
(c) We shall retain ownership of any goods which have not been fixed to your property, until the purchase price has been paid.
The Customer is required to pay VAT at the appropriate rate. If the Customer believes that it is entitled to pay less than the standard rate it must provide satisfactory proof at the time of entering into the Contract otherwise it will be invoiced at the standard rate.
• In case of any claim upon this guarantee by the purchasers of the products and or service. The Customer must be present to the company a validated receipt of full payment
• In case of a repair or replacement, the period of guarantee shall extend up to the limit of the original guarantee or for 12 months from the date of the replacement whichever is soonest
• Finlock Gutter Solutions UK Limited guarantees to repair or replace free of all charge, any PVCu window frame installed by Finlock Gutter Solutions UK Limitedwhich develops a material fault due to defective materials within 10 years of the date of installation, validated upon receipt of full payment.
• Finlock Gutter Solutions UK Limited guarantees to repair or replace free of all charge, any PVCu “Roofline set” installed by Finlock Gutter Solutions UK Limited which develops a material fault due to defective materials within 10 years of the date of installation, validated upon receipt of full payment
• Finlock Gutter Solutions UK Limited guarantees to repair or replace free of all charge, any double glazed unit installed by Finlock Gutter Solutions UK Limited which develops material condensation internally between the panes within 5 years of the date of installation.
• Finlock Gutter Solutions UK Limited guarantees to repair or replace free of all charge any faulty workmanship for a period of 36 months from the Installation should there be any issues arising from our standard outside our existing unconditional guarantee
• Finlock Gutter Solutions UK Limited guarantees the powder coating applied to the aluminium profiles for a maximum of 25 years* against the following faults:
1. Peeling, powdering and blistering;
2. Corrosion, except to bending or folding after the paint is applied.
• Chalking, fading and loss of sheen;
* Please notify where the frames are meant to be installed within hazardous environmental conditions, such as marine, industrial, or swimming pools as this will reduce the guarantee periods which will be subject to prior agreement. The end user is responsible for maintaining and cleaning the products in line with the extruders requirements, failure to do so will invalidate the guarantee, details can be obtained on request.
• All white, foiled, painted or 360 PVC are covered by our profile suppliers specific guarantee and are subject to their terms and conditions of use, please ask for further details on these terms.
• Despite the fact that the Customer’s statutory rights remain unaffected, this guarantee does not extend to:
1. minor imperfections with the glass, which are outside the scope of the visual quality standards of the Certass. The glass used in Finlock Gutter Solutions UK Limited units is of the best available quality but may have minor imperfections. The Customer will have the benefit of the warranty of the glass manufacturers where applicable but Finlock Gutter cannot promise a higher standard of glass than currently provided.
2. Damage due to misuse, neglect or lack of maintenance by the Customer. Finlock Gutter Solutions UK Limited strongly advises the Customer to refer to the operation and maintenance information in the customer care pack provided.
3. Damage caused to any Roofline products by others.
• goods that have been removed or repositioned by persons other than Finlock Gutter;
1. timber that the Customer has insisted remains in situ adjacent to the Products installed by Finlock Gutter Solutions UK Limited;
2. specialist items installed, other than those shown in section (vi) where the manufacturers normal guarantee will apply;
3. deterioration in finish or other conditions beyond Finlock Gutter Solutions UK Limited’s control on door and window handles, hinges, letter plates, door knockers, and all other furniture. The manufacturers 12-month guarantee will apply only;
• the build-up of atmospheric debris behind the external gaskets;
• matching stained glass colours as these vary from batch to batch;
• non original Customers of this non-transferrable warranty.
1. double glazed units with ventilation holes cut in for extractor fans; or
2. painted door panels. The manufacturer’s 12-month guarantee will apply only.
1. Following Certass guidelines, for the first 12 months after installation, cracks which appear in the glass units may be covered under the guarantee. However, this will be subject to an inspection by Finlock Gutter to determine cause.
2. Should the Customer subsequently sell the Premises during the lifetime of the guarantee, the new owner of the Premises must notify Finlock Gutter within a period of three months from the sale of the Premises if they would like to purchase a warranty extension. A chargeable inspection will be carried out to evaluate the condition of the installation. Providing that the installation has been maintained in accordance with the conditions of the guarantee, the guarantee may be transferred once for an additional fee.
3. The guarantee may be invalid if either full payment is not made or costs are incurred by Finlock Gutter Solutions UK Limited recovering monies on this account.
4. In the event that the original part/item/component is no longer available and it cannot be repaired we will replace it with an equivalent original part/item/component
16. DATA PROTECTION ACT 1998
(a) The Contract may be conditional upon Finlock Gutter’s approval of the Contract following an agency search. The agency will keep a record of the search and share that information with other businesses. Finlock Gutter reserves the right to cancel the Contract with immediate effect should adverse credit information come to light which Finlock Gutter Solutions UK Limited believes may adversely effect the Customer’s payment pursuant to the Contract.
(b) By entering into the Contract the Customer consents that Finlock Gutter Solutions UK Limited may process any personal data (including sensitive personal data) that Finlock Gutter collects from the Customer in accordance with the Customer’s express instructions.
17. CONDENSATION AND NOISE
• Finlock Gutter Solutions UK Limited double glazed units are designed primarily to reduce heat loss which occurs through single The presence of condensation depends upon the environment within the dwelling and exterior atmospheric conditions. For the avoidance of misunderstanding, please refer to the Finlock Gutter Solutions UK Limited leaflet about condensation.
• Finlock Gutter Solutions UK Limited gives no warranty concerning noise reduction or the incidence, prevention or elimination of condensation following the installation of the Products neither do its personnel have the authority to give such
• Where trickle vents have been fitted, external noise may be louder inside the Premises following
Finlock Gutter Solutions UK Limited supports the CERTASS Code of Ethical Practice as promoted by the CERTASS and undertakes to work within the guidelines or this and any other CERTASS Code of Practice. A copy of the code is carried by a Finlock Gutter Representative and is also available from Finlock Gutter Solutions UK Limited’s Head Office. Finlock Gutter Solutions UK Limited is a member of the HomePro Deposit Indemnity Scheme.
(a) In the interest of efficiently dealing with any query, written notice must be given to Finlock Gutter Solutions UK Limited at its Head Office.
(b) In entering into the Contract, the Customer agrees to afford Finlock Gutter a reasonable opportunity to respond to, and remedy, any complaint for which Finlock Gutter is liable.
(c) If any complaint is not remedied by Finlock Gutter to the Customer’s reasonable satisfaction, in the event of a dispute Finlock Gutter Solutions UK Limited will, at the Customer’s request, provide details of the HomePro Arbitration Scheme.
The Contract and these Conditions represents the entire agreement and understanding of the parties and supersedes any previous agreement between the parties relating to the Contract.
The Customer acknowledges and agrees that in entering into the Contract it does not rely on and will have no remedy in respect of any statement, representation, warranty, or understanding (whether negligently or innocently made) of any person whether or not a party to the Contract other than as set out in the Contract and these Conditions. Nothing in these Conditions or the Contract shall operate to exclude or limit liability for fraud.
The Contract shall be governed by the laws of England and the parties irrevocably submit to the exclusive jurisdiction of the English Courts.
Replacement windows and doors are required to comply with parts L1 and N1 of the Building Regulations. Finlock Gutter are members of CERTASS self-certification scheme. This is not applicable to non-domestic or new build installations.
In order to comply with part L1, glass used will require a specialist coating. Please note that there is a slight tint to this which will distort the appearance of Georgian bars, giving a greenish tint to them when viewed from outside.
Finlock Gutter Solutions UK Limited is a member of the HomePro Scheme. References have been taken by HomePro a consumer protection organisation who issues the guarantees on behalf of Finlock Gutter Solutions UK Limited. More details on the HomePro scheme can be found on the HomePro website.
© Finlock Gutter Solutions UK Limited 2017