Terms & Conditions

2. COMPLAINTS HANDLING PROCUDURE

Our aim at Performance Fenestration Systems is to provide a highquality

service for our customers. However, we recognise that things

can go wrong occasionally. We take this very seriously and we have a

complaint handling procedure in place for such eventualities. A written

copy of our complaints handling procedure is available upon request.

3. NOTICE OF THE RIGHT TO CANCEL

3a. Where an Performance Fenestration Systems Purchase Agreement is negotiated away from our business premises, if the Customer is unhappy with the agreement for any reason it can be cancelled and a refund of any deposit paid can be obtained by taking or sending a letter to the company for the attention of the Managing Director, Performance Fenestration Systems, 147a High Street, Waltham Cross, EN8 7AP within seven calendar days following the date on which the Purchase Agreement was signed. Please note that the Customer maybe required to pay for goods or services received before the end of the cancellation period. Performance Fenestration Systems recommends that the Customer send any cancellation by recorded delivery, although it may also be sent by electronic mail to sales@pfs.co.uk Notice of cancellation is deemed to be served as soon as it is posted or in the case of electronic communication from the day it was sent.

3b. The specification of products to be supplied and works to be carrieout are as defined in the Purchase Agreement and any attachments thereto. No other statements or warranties whether written or verbal may be relied upon by the Customer unless made in writing and signed by a Performance Fenestration Systems representative.3c. Acceptance of the terms of the Performance Fenestration Systems Agreement and the Performance Fenestration Systems Terms and Conditions of Sale, will be deemed confirmed upon the customer signing the Performance Fenestration Systems Purchase Agreement.

3d. If it is discovered during our survey, that additional works will be required in excess of that included within your Purchase Agreement, you will be notified of any additional costs that may apply. If Performance Fenestration Systems and the Customer are unable to agree on a revised Purchase Agreement, the Customer may cancel the contract but will be liable for any reasonable costs incurred by the company at that time.

3e. Either party is entitled to cancel this contract in the event of any serious breach of terms by the other, including but not limited to, refusal to comply with Building Regulations. All reasonable costs will be paid be either party.

4. INSTALLATION

4a. The works shall start as close to the Target Start Date as possible or as mutually agreed with the Customer and the customer will provide access at the date arranged. Performance Fenestration Systems will notify the Customer in writing of the proposed installation date. If the Customer needs to change the proposed installation start date, the Customer must notify Performance Fenestration Systems as soon as possible and a revised installation start date will be agreed. If it is necessary for Performance Fenestration Systems to cancel an installation, the Customer will be informed by Performance Fenestration Systems as soon as is practically possible. Performance Fenestration Systems will not be liable for any consequential losses suffered by the Customer in the event of a cancellation of the agreed installation start date.

4b. If installation is not commenced within the Target Start Date, the Customer may write to EPDW requiring the work to be completed within six weeks or some other mutually agreeable period.

4c. Following any written notification of the installation date, should it become clear that the start date cannot be adhered to due to unavailability of properly ordered goods, then Performance Fenestration Systems will advise and agree a new installation date with the Customer. If the goods are not available for installation within 12 weeks from the original Target Start Date or within 6 weeks of the agreed Installation Start Date, then the Customer may reserve the right to cancel any of the installation which is reliant upon the unavailable goods. The Customer will receive a refund where applicable, less any costs reasonably incurred by the company.

4d. Performance Fenestration Systems will only be liable for any damage caused to the Customer’s property that was not necessary for the completion of the contract and such damage was caused by Performance Fenestration Systems not exercising reasonable care and skill. All reasonable care will be taken to adequately repair existing internal and external surfaces following installation works to a predecorated standard for completion by the customer. The Customer will notify Performance Fenestration Systems of any damage reasonably attributable to any Performance Fenestration Systems staff and repairs will be carried out by Performance Fenestration Systems or its agents to a reasonable extent and standard.

4e. Performance Fenestration Systems shall not be liable for any delay in the completion of the work, which arises from causes beyond its control (for example exceptionally poor weather, fire, flooding, civil disturbances, strike action by others, criminal damage and acts of war) nor shall such a delay entitle the Customer to cancel all or part of this agreement.

4f. Performance Fenestration Systems shall not be liable for any consequential losses suffered by the Customer beyond there placement or refitting of the products supplied under this Purchase Agreement, including losses arising from the Customer’s time taken to allow access for Performance Fenestration Systems staff to complete installations or remedial works or personal inconvenience caused by delays to the installation of products or carrying out of remedial works.

4g. Performance Fenestration Systems will remove and dispose of all replaced existing doors, windows and/or frames unless the Customer asks Performance Fenestration Systems in writing to leave them on the Customer’s premises.

5. PAYMENT TERMS

5a. Upon signing the Purchase Agreement, the customer accepts the Payment Details as noted on the Purchase Agreement or as expressly agreed in writing between the parties and the Customer also acknowledges the Performance Fenestration Systems Terms and Conditions of Sale in full.

5b. Performance Fenestration Systems shall retain ownership of any goods whether fixed or not to the Customer’s property, until the total Purchase Agreement Price contract has been paid in full.

5c. The final payment is due immediately upon completion of the installation and associated works. In some circumstances and where agreed by Performance Fenestration Systems, part of the original contract value may be withheld by the Customer in relation to any minor defect or remedial work remaining after the installation has been completed. Any sum withheld must be commensurate with the value of the incomplete works. Under no circumstances is this sum to exceed 10% of the net Purchase Agreement Contract Price. Any outstanding balance must be paid to Performance Fenestration Systems immediately upon completion of the outstanding works.

5d. The Customer shall provide reasonable access to Performance Fenestration Systems to allow remedial works to be carried out. If for any reason access cannot be arranged to carry out remedial works within 7 days of a written request by Performance Fenestration Systems, the balance of the contract shall immediately become payable in full.

5e. Performance Fenestration Systems reserves the right to charge interest on balances that remain overdue for 14 days unless written terms have been agreed by Performance Fenestration Systems. Interest will be charged at the current Bank Of England Rate plus 3%.5f. Prices shown on your Purchase Agreement are inclusive of Value Added Tax at the prevailing rate at the date of signature. Where the prevailing rate of VAT applicable varies from that within the contract price, the prevailing rate shall take precedence when payments fall due.

6. GUARANTEES

6a. Performance Fenestration Systems guarantees to replace or repair, at the company’s discretion, free of charges for labour and materials all products as shown below, subject to products being regularly maintained as described with the Performance Fenestration Systems Regular Maintenance manual, a copy is available upon request.

• All aluminium window and door frames for 10 years from installation.
• All Engineered Timber window and door frames and associated timber products against rot for 10 years from installation.
• All factory applied micro porous finishes to Engineered Timber are guaranteed not to blister or peel within 5 years from installation.
• All handles, locks, hinge mechanisms and associated mechanical parts are guaranteed for 1 year from installation.
• All sealed double or triple glazed units are guaranteed against breakdown of the seal leading to internal condensation within the unit for 5 years from installation.
• Surface finishes of metallic parts are guaranteed not to tarnish, pit or flake for 1 year from installation.

This guarantee does not extend to;

• Minor imperfections within the glass and outside the scope of the visual quality standards of the Glass and Glazing Federation.
• Defects arising in handles, lock or hinge mechanisms and associated parts, the tarnishing, pitting or other marring of the finish of products supplied or breakdown of weather seals gaskets or other similar products which appear more than 12 months after the date of installation.
• Defects arising due to normal wear and tear of moving parts, damage due to misuse, neglect or lack of maintenance by the Customer, or from causes beyond Performance Fenestration Systems’s control, (for example fire, flooding, civil disturbance, criminal damage or acts of war).
• Specialist items installed, for example electrical ventilators, batteries etc. where the manufacturer’s normal guarantee will apply.
• Any work(s) carried out by others associated with this installation or to those parts of this installation affected by work(s) by others, other than work(s) carried out by this company or its employees and sub-contractors.
• Consequential losses beyond the replacement or refitting of the products supplied under this Purchase Agreement, including losses arising from the Customer’s time taken to allow access for Performance Fenestration Systems staff to complete installation or remedial works.
• Any condensation that appears on the outside of glass sealed units from time to time.
• ‘Blooming’ on coated glass products which may become visible to the naked eye when light falls from an oblique angle, which in some cases may appear as a ‘Frame Effect’ around the window. This effect is normal and does not indicate dirt or contamination.
• Soiling to products or discoloration caused by environmental factors such as air pollution, dirt, dust, fumes, fungal action or other contamination.
• Distortion or bowing of front entrance doors considered to be within tolerances issued by manufacturers from time to time.

6b. The Customer must notify Performance Fenestration Systems of any claim under the terms of this guarantee within 28 days of discovery of the fault, or as is considered reasonable.

7. YOUR STATUTORY RIGHTS