GFD TRADING LTD t/a WarmCore Homes
STANDARD TERMS AND CONDITIONS FOR SUPPLY OF GOODS & SERVICES TO CONSUMERS 2017 VERSION
GGF Consumer Code of Practice – As the GFD Trading Ltd Group of companies are members of the GGF (Glazing and Glass Federation) we would advise all potential customers that our membership of this organisation recommends that we notify them of the benefits of the GGF Consumer Code of Practice – a document that outlines that which a potential customer should expect from their chosen supplier and which also defines the manner in which the supplier should conduct its business activities related to consumer interaction, including; core principles, the sale, survey, products, the installation and the guarantee. This publication is available by either following the link to the GGF Consumer Code of Practice or visiting the GGF Myglazing.com web site where further information regarding customer expectations and industry news can be sourced.
The GGF Consumer Code of Practice is the first and currently only Trading Standards approved Customer Code and as such carries the “TrustMark” logo confirming such accreditation.
TrustMark is an independent Government-backed standards scheme developed across the home improvement industry after consultation with Trade Associations, Consumer Groups and prominent leaders in each industry sector.
The GFD Trading Ltd group compliance to the GGF Consumer Code of Practice entitles them to trade as a TrustMark-registered business to carry out work on customer’s property allowing customers the reassurance of knowing that the company they are hiring has been assessed to the rigorous standards of the TrustMark scheme.
1 DEFINITIONS In this document the following words shall have the following meanings:
1.1 “Consumer” shall mean an individual acting outside of the course of his or her business or trade; 1.2 “Contract” is as defined in clause 3.1 below;
1.3 “Customer” means any Consumer who purchases Goods and Services from the Supplier;
1.4 “Goods” means the door and/or other articles specified in the Order Summary;
1.5 “Order Summary” means the quotation on the Website describing the Goods and/or Services to be provided by the Supplier and the relevant costs;
1.6 “Services” means the services (provided by the Supplier or its authorised subcontractor) relating to the fitting and installation of the Goods as such services are specified in the Order Summary as modified by the Site Survey document noted in clause 3.4. For the avoidance of doubt: (a) the Services do not include the provision of any Structural Works or ‘making good’ except as identified on the Site Survey document; and (b) the Supplier only agrees to provide the Services (provided by the Supplier or its authorised sub-contractor) if any door to be supplied comprising the Goods is a replacement door for the Customer;
1.7 “Site Survey” the survey of the site (by the Supplier or its authorised subcontractor) where the measurements in relation to the Goods and Services are checked and fitting issues identified.
1.8 “Structural Works” means any works required to the property where the Goods are to be installed, including, ‘making good’, the making of any spaces for doors comprising the Goods but excluding the provision of and/or installation of lintels. “Making good” includes, patch plastering, rendering and similar of any areas around a fitted door frame “but not to exceed two inches from the line of the frame” (comprising the Goods) except as provided at clause 2.6 below.
1.9 “Supplier” means GFD Trading Ltd or any one of their subsidiary companies GFD Trading Ltd a company registered in England with company number 6479286 (and registered for VAT purposes with number 927700712 and whose registered office is at Barrington House 41-45 Yarm Lane, Stockton on Tees TS18 3EA.
1.10 “Terms and Conditions” means the terms and conditions of supply set out in this document which it is recommended be read in conjunction with the Purchase Agreement document which comprises guidance notes as to the responsibilities of the individual parties and/ or any special terms and conditions agreed in writing by the Supplier;
1.11 These terms and conditions apply to the use of this Website and by accessing this Website and/or placing an order over the telephone through our Customer Services; you agree to be bound by the terms and conditions which are set out below.
2.2 No variation to these Terms and Conditions shall be binding unless agreed in writing by the Supplier.
2.3 In accordance with English and Welsh law for the purposes of these Terms and Conditions the customer is a consumer and there are a number of warranties implied into the Contract of sale and supply of the Goods and Services which cannot by law be restricted or excluded.. It is important for the Customer to know that nothing in these Terms and Conditions shall affect these and the other statutory rights that the Customer has as a Consumer.
2.4 Any omission or error in any Web page content, sales literature, pricing policy, Order Summary, and /or acknowledgement, dispatch note, invoice or any other document issued by the Supplier may be corrected by the Supplier without liability.
2.5 This web site is intended for the supply of Goods and Services to those Customers in the United Kingdom and, for the avoidance of doubt, any client outside of the UK must first contact the Company what if any service can be provided for areas outside of the United Kingdom.
2.6 Neither the Supplier nor its authorised sub-contractor will, except as provided in its Site Survey, undertake any Structural Works in relation to the performance of the Services.
3 THE ORDER
3.1 The contract for supply of the Goods and Services (“Contract”) will be formed at the later of either –
-when the Supplier sends the Customer an email order confirmation accepting the Customer’s order placed through the Website
-or when the Supplier’s Site Survey confirms that the Goods ordered can be installed. This confirmation of the completion of the Site Survey confirmation will come to the customer in the form of an “email” which will –
- Include a copy of the customer order which will include a detailed specification of the selected door, plus a listing of any order amendments already requested and agreed.
- itemise any technical details noted by our surveyor
- include a request from ourselves to the customer that they – “Please carefully check over all details and reply to this email to confirm you are happy to proceed.”
- Include a notification from ourselves to the customer that “by proceeding with this order you are agreeing to our terms and conditions” (the Terms and Conditions all as stated in this document and the associated Purchase Agreement.)
All Customer transactions will be filed and maintained in electronic or paper copy for record purposes.
3.2 All orders confirmed in accordance with clause 3.1 above shall be deemed to be acceptance of these Terms and Conditions and any terms set out in the Site Survey document.
3.3 In order to confirm the order the customer is required to pay a deposit of £60 to activate the site survey. The Site Survey document will be prepared by the Supplier (through its authorised sub-contractor) and will include the extent of the Services to be performed. Once agreed, the Site Survey document must be signed by the Customer prior to the Services being performed.
3.4 The Customer may not cancel any Contract, or obtain a refund, for any Goods made in accordance with their specification, custom-made or personalised to the Customer’s order see clause 11 CANCELLATION
4 PRICE AND PAYMENT
4.1 The price for the Goods and Services is as specified in the Order Summary and is inclusive of VAT but exclusive of any additional applicable charges which may be advised / outlined in the Order Summary. An initial payment (non-refundable) is required to activate the site survey, following the Site Survey, the Customer must pay the remaining balance of the price of the Goods and/or Services. All payments will be collected in accordance with clause 4.2 below
4.2 The Supplier will collect the Customer’s payment details at the time the Customer places an order. Payment shall be made, in one of the following ways:
4.2.1 by credit card or debit card operated by the Supplier’s third party provider Sage Pay; or
4.2.2 by successfully applying to the Hitachi Personal Finance Scheme (the “Scheme”). The Customer may apply to the Scheme to pay for the Goods and/or Services on an interest free basis by filling in a form at the point of order. Hitachi Personal Finance will notify the Customer if the Customer has successfully applied to the Scheme. For more information about the Hitachi Personal Finance Scheme please click here.
4.3 No payment shall be processed in accordance with clause 4.2.1 until the Supplier’s Site Survey confirms that the Goods ordered can be installed and, in the case of payment under clause 4.2.2, in accordance with the Scheme’s payment provisions.
4.5 As WarmCore Homes a company within the GFD Group they share the same GGF benefits as all GFD Group companies which in respect of any deposits ensures that the consumers payment will be covered by the GGF Deposit Indemnity Scheme via the GGF Fund Ltd – all terms and conditions related to this deposit protection scheme can be accessed by visiting the GGF Myglazing.com and reviewing the section headed “Free Deposit Protection”.
4.6 The GGF through their wholly owned subsidiary the GGFI (a company authorised and regulated by the Financial Conduct Authority), also provides the GFD Trading group of companies with their Insurance Backed Guarantee (IBGs) cover – it has been a mandatory requirement since June 2014 for all businesses registered who subscribe to a competent person scheme to provide their customers with such IBGs, As a WarmCore Homes customer, all details of every sale will be registered with GGFI immediately upon completion of full the payment price of the agreed purchase price for product and services at which time the IBG will be actioned in respect of individual purchases – for further information on the GGFI see www.ggfi.org.uk/home/about-us.
5 DELIVERY AND PERFORMANCE
5.1 The date of delivery and performance specified by the Supplier is an estimate only. Time for delivery and performance shall not be of the essence of the contract and the Supplier shall not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods and/or performance of the Services.
5.2 The Services (including any Site Survey and fitting) will take place from 8am till 5pm Monday to Friday, 8am till Noon Sat, excluding Bank Holidays, subject to engineer availability.
5.3 All risk in the Goods shall pass to the Customer upon delivery and the Customer’s signature to confirm conformance to their order and inspection.
6.1 Title in the Goods shall pass to the Customer upon payment in full for the Goods and any associated charges, including, without limitation charges in respect of the Services.
7 CUSTOMER’S OBLIGATIONS see also Purchase Agreement
7.1 To enable the Supplier to perform its obligations the Customer shall:
7.1.1 Co-operate with the Supplier and its authorised sub-contractor carrying out the Services;
7.1.2 Provide the Supplier with any information reasonably required by the Supplier in relation to the delivery of the Goods and/or performance of the Services;
7.1.3 Obtain all necessary permissions, licenses and consents which may be required before the commencement of the services, the cost of which shall be the sole responsibility of the Customer;
7.1.4 Sign the Supplier’s (or its authorised sub-contractor’s) ‘job completion sheet’ once the Services have been completed in accordance with the Contract;
7.1.5 Provide the Supplier (or its authorised sub-contractor’s) at the Customer’s cost with the necessary power and lighting to enable the Services to be supplied; and
7.1.6 Comply with such other requirements as may be set out in the Order Summary, agreed Site Survey document or as otherwise agreed between the parties.
8 SUPPLIER’S OBLIGATIONS see also Purchase Agreement
8.1 The Supplier warrants that the Goods will at the time of delivery and for a period of 10 years after delivery (save in respect of glass, hardware, furniture and locks within the Goods which is warranted for 5 years from delivery and, if applicable, the Key Free handle, which is warranted for 12 months from the date of delivery) correspond to the description given by the Supplier and be of satisfactory quality in workmanship and materials.
8.2 The Supplier warrants that it (or its authorised sub-contractor) shall perform the Services with reasonable skill and care and that the workmanship of the Services will, for a period of 5 years from the date of completion of those Services, be in accordance with any standards set out in the Order Summary.
8.3 Subject to clause 8.4, the Supplier undertakes (at its option) to:
8.3.1 Replace or repair free of charge any Goods (or part of the Goods) found to be defective due to faulty parts, materials or workmanship within the warranty period noted at clause 8.1; or
8.3.2 Refund the price any Goods (or part of the Goods) found to be defective due to faulty parts, materials or workmanship within the warranty period noted at clause 8.1 but shall have no further liability to the Customer in respect of the defective Goods.
8.4 There are certain conditions which may invalidate the warranty given under the Contract. These are where the defect in the Goods arises out of:
8.4.1 Incorrect installation arranged by the Customer (or any third party who is not the Supplier) through a third party not connected to us;
8.4.2 Use of the Goods otherwise than in accordance with any instruction manuals provided by the Supplier with the Goods;
8.4.3 unauthorised repair or modification of the Goods;
8.4.4 Use of the Goods otherwise than under normal domestic conditions within the United Kingdom; and
8.4.5 Fair wear and tear.
8.5 Where the Services (or any part of the Services) are found, during the warranty period noted at clause 8.2, not to have been performed in accordance with the warranty the Supplier (at its option) shall (whether itself or through its authorised sub-contractor) re-perform the Services (or relevant part of the Services) or refund the price of the Services (or relevant part of that price) but shall have no further liability in respect of the defective Services.
8.6 Some aspects of the door installation are subject to ‘wear and tear’ and are considered inevitable effects of everyday use. In such instances GFD Trading will replace any faulty parts but do not send out installers to carry out remedial works. These instances include, but are not limited to:
- Door drips working loose on the bottom of the door
- End caps falling off the end of the weather bar and cills
- Door re alignment, miscellaneous screw re tightening, lubrication etc. where the door has been in use for a period in excess of twelve months –
- Electrical handles (such as the Yale Key free) have a product guarantee of 12 months. After this period, it is the responsibility of the customer to contact Yale direct who can offer assistance with any issues or queries.
All Warranties /guarantees will be deemed void where the customer or any third party he may have so directed has attempted any alteration / remedial works to the door / frame without prior discussion with GFD Trading Ltd
Note – in respect of item 3 – where such maintenance /remedial work is required we would recommend the customer review and carry out such remedial activities as are required in accordance with the “Care of your door” documentation which is included with the original door delivery. GFD Trading Ltd reserve the option to revise this advice and review individual cases on merit where the customer may have medical or similar reasons which prevent them carrying out such actions themselves.
8.7 Wasted visit charges
In the event that a surveyor or fitting engineer attends site and no works can be carried out, or a re-visit is required, the customer will be liable to pay a ‘wasted visit charge’. This includes, but is not limited to, the below situations. The customer agrees and understands these terms before arranging any survey, installation or remedial visit:
- brickwork not completed
- lintel not installed
- no installation fault found with door (applicable if door being used incorrectly or users are unable to physically operate the door)
- door neglect/maintenance guide not followed
- customer not present
The following installation charges will apply in these instances:
- Survey appointment – £40 charge
- Installation appointment – 50% of total installation fee
- Remedial appointment – £100 charge
8.8 – Consumer Rights Act
When purchasing a door product from GFD Group of companies each purchaser is invited to use the services of our “Door designer” tool therefore every product is bespoke to match the individuals choices therefore an identical product cannot ever be available as an off the shelf replacement.
GFD Group companies in accordance with the requirements of the Consumer Rights Act will in all cases exercise the option of “repairing or renewing any defective component to the satisfaction of the client.
in accordance with the product guarantees which are already written into GFD Group companies terms and conditions where a product i.e. lock hinge etc. is defective or where glass is cracked or marked or cosmetic damage is occasioned to any component – subject only to the exclusions contained in clause 8.4 and 8.6 of our standard Terms and Conditions we shall repair and / or replace any defective item free of charge to the customer provided that our operatives are granted suitable access to the property.
The requirements of the Consumer Rights Act 2015 as described within this clause neither impinge or detract from GFD Group to fulfil guarantee agreements as contained in clauses 8.1 and 8.2 of our standard Terms and Conditions.
9 LIMITATION OF LIABILITY
9.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for:
9.1.1 Death or personal injury caused by the negligence of the Supplier, its agents or employees; and/or
9.1.2 Fraud or fraudulent misrepresentation by the Supplier its agents or employees;
9.1.3 Any other form of liability which cannot by law be restricted or excluded.
9.2 Subject to clause 9.1, the Supplier shall not be liable for any direct loss or damage suffered by the Customer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price for the Goods and Services.
9.3 Subject to clause 9.1, the Supplier shall not be liable under any circumstances to the Customer or any third party for any loss of profit, indirect or consequential or other economic loss (including, without limitation, loss of reputation, loss of goodwill and loss of business) suffered by the Customer howsoever caused, as a result of any negligence, breach of contract or otherwise.
10 DELAY OR FAILURE TO PERFORM
10.1 In addition to conditions previously referenced in clause 5.1 neither party to the Contract shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
11.1 Should any customer require to cancel an order with GFD Trading Limited, such cancellation will be subject to the noted conditions in respect of any applicable refund:
11.1.1 If cancellation is requested prior to your order being confirmed following our survey visit, there will be no refund of the £60 survey charge.
11.1.2 If cancellation is requested at any point up to 7 days after order and prior to installation but after the final balance payment has been made AND MANUFACTURE OF THE DOOR HAS COMMENCED, the installation cost only will be refunded.
11.1.3 If GFD Trading Ltd are unable to supply composite side panels due to width restrictions the deposit will be refunded
11.1.4 If as a result of the survey the customer wishes to cancel as a fire door is required there will be no refund of the deposit
11.1.5 If as a result of the survey the sizes of door/screens etc. required by the customer are greater or smaller than standard manufactured unit tolerances and the customer wishes to cancel the deposit will be refunded.
11.1.6 If as a result of the survey the customer wishes to cancel the order due to the absence of a lintel there will be no refund of the deposit
11.1.7 I as a result of the survey there are electrical wires which require removing the customer wishes to cancel the order there will be no refund of the deposit
11.1.8 If the customer lives in a conservation area and has innocently or otherwise proceeded with the order – thee will be no refund of the cost of the door and installation should any third party at some later stage object to the installation.
In order to cancel your order, we require you to confirm in writing by forwarding the required cancellation notification to us at GFD Trading Limited, 21 Manor Way, Belasis Business Park, Billingham, TS23 4HN or email us at email@example.com Please reference your surname and post code in all correspondence.
12 DISPUTES UNRESOLVED COMPLAINTS
12.1 Should any customer experience a problem with regard to Product or Service supplied by any GFD Trading Group company we require that formal notification of such complaint is addressed in writing to GFD Trading Limited, 21 Manor Way, Belasis Business Park, Billingham, TS23 4HN or email us at firstname.lastname@example.org Please reference your surname and post code in all correspondence.
In order to allow the problem to be considered we would request that the accompanying documentation contains as a minimum –
- A narrative description as to the nature of the problem
- Where possible photographic evidence of the problem
12.2 Any GFD Trading Group company will endeavour to assess and respond to the complaint within a period of 2 weeks
12.3 In the unlikely event of a resolution of any complaint as a part of the GGF cover incorporated in all GFD Trading Group sales – every customer has the option of addressing their complaint to the GGF for an independent review – in order to resolve the customers’ problem, the customer or the supplier may utilise the free conciliation scheme operated by the GGF by writing to-
The Conciliatory Manager
The Glass and Glazing Federation
54 Ayres Street,
London SE1 1 EU
Or by “e” mail to email@example.com
12.4 If a complaint is not able to be resolved by the Federations Conciliation Service Scheme, then a low cost independent alternative dispute resolution (ADR) Service is available. The customer may choose opt for this service when at least 56 calendar days have elapsed since the complaint was first raised.
The Glass and Glazing Federation offers this service through The Glazing Arbitration Scheme (TGAS) operated by the Centre for Effective Dispute Resolution (CEDR). Details of this scheme and cost sre available from the TGAS website
13.1 Any request for compensation must be made in writing to GFD Trading for management to consider. GFD Trading will make every endeavor to liaise with the customer to ensure that the installation of their new door is carried out in as timely a manner and with the least inconvenience to the customer as is possible, we do however appreciate that this is not always possible and we must regrettably advise that we will not compensate for any of the following:
- Losses incurred due to a missed/late appointment
- Losses incurred due to time off work or use of holiday pay (including any remedial appointments)
- Appointments that are cancelled on the day of installation due to illness, product damage or manufacturers errors
- Failed or delayed delivery times, or longer lead times than advertised
- Labour costs incurred by a third party
13.2 In the unlikely event a customer should make a compensation claim; this does not affect the final stage payment being processed and any outstanding balance will be collected as normal. Should a compensation gesture be authorised this will be credited back to the customer’s card.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
15 GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the non-exclusive jurisdiction of the English courts