BOWALKER WINDOWS LTD TERMS & CONDITIONS of CONTRACT

1. Introduction

These Terms and Conditions govern the contract between Bowalker Windows Ltd (“the Company”) and the customer (“the Customer”) for the supply and installation of windows and related services. By making a deposit payment, the Customer agrees to the following:

2. Contract Formation

2.1 The contract between the Customer and the Company is initiated upon the payment of the deposit by the Customer.
2.2 By paying the deposit, the Customer confirms their acceptance of these Terms and Conditions and their commitment to proceed with the contract.
2.3 Email exchanges between the Customer and the Company relating to the quotation and these Terms and Conditions form an integral part of the contract agreement.
2.4 Signed documentation is not required to form the contract. The Customer’s payment of the deposit constitutes acceptance of the quotation and these Terms and Conditions.

3. Deposits and Surveys

3.1 A 40% deposit of the total contract price is payable upon acceptance of the quotation. This deposit initiates the contract.
3.2 Following deposit payment, a surveyor will visit the Customer’s property to conduct a survey. The surveyor may need to remove plasterboard or trims to complete the survey.
3.3 The Company shall not be liable for any damage caused during the survey unless it is proven that reasonable care was not exercised.
3.4 The Customer should advise the Company on the day of the survey if they do not wish to proceed with the installation. A partial refund of the deposit may be provided at the Company’s discretion.
3.5 If the survey reveals that the price of the installation needs to be adjusted, the Customer will be informed of the revised price. The entire deposit is fully refundable if the Customer decides not to proceed with the installation at the revised price.

4. Balance Payment and Order Confirmation

4.1 Upon completion of the survey and confirmation of the final price, the Company will proceed with ordering bespoke products for the Customer’s installation.
4.2 The remaining 60% balance payment is due at least 48 hours prior to the scheduled installation date, regardless of whether the Customer ultimately decides to proceed with the installation.

5. Installation and Customer Satisfaction

5.1 The Company will make every effort to ensure the Customer is satisfied with the installation. In the event that the Customer is unhappy with the installation, the Company will take all reasonable steps to rectify the situation to the Customer’s satisfaction.
5.2 If the Customer remains dissatisfied after the Company has taken remedial action, the Customer may follow the complaints procedure as detailed in Clause 22 of these Terms and Conditions.

6. Cancellation Due to Unsuitability

6.1 If, after the survey, the property is deemed unsafe or unsuitable, either party may cancel the contract, and any deposit will be refunded.

7. Delays by the Customer

7.1 If the Customer fails to allow installation to take place within the agreed timescale, the Company reserves the right to charge a reasonable fee for storage and/or to re-schedule the installation.

8. Delays by the Company

8.1 If the Company does not complete the work within the estimated timescale, the Customer may cancel the contract in writing.
8.2 Any work already completed will be subject to full payment, covering materials and labour. Any overpayment will be refunded to the Customer.

9. Force Majeure

9.1 The Company shall not be liable for delays caused by circumstances beyond its control, including but not limited to floods, fires, strikes, acts of war, or civil unrest.

10. Payment Terms

10.1 The balance of the contract price is payable prior to the commencement of installation.
10.2 If the Customer is dissatisfied with any part of the installation, a reasonable proportion of the balance (as agreed with the Company) may be retained until corrective actions are taken.

11. Ownership of Goods

11.1 Ownership of goods remains with the Company until the full contract price has been paid by the Customer.

12. Pre-Existing Property Defects

12.1 The Customer must notify the Company of any known defects in the property.
12.2 The Company is not responsible for correcting such defects unless previously agreed, and any additional work may incur costs outside the original contract price.

13. Exclusions for Lintels and Cavity Trays

13.1 Lintels or cavity trays above windows or doors are not included unless specifically agreed upon. These items are not covered under the Company’s guarantee.

14. Defects Identified by the Company

14.1 Any property defects identified by the Company during the work will be brought to the Customer’s attention.
14.2 The Customer is responsible for rectifying these issues unless the Company agrees in writing to carry out corrective work at an additional cost.

15. Damage During Removal

15.1 While reasonable care will be taken, the Company is not liable for any damage caused during the removal of existing windows and doors unless it is proven that care was not exercised.

16. Debris Removal

16.1 The Company will remove all debris, including old windows and doors, unless otherwise requested by the Customer.

17. Guarantee

17.1 Unless the customer agrees alternative terms the Company’s standard guarantee conditions are as follows. The Company guarantees all products and workmanship for 10 years from the installation date. This includes replacing any defective parts or double-glazed sealed units that develop condensation between the panes, free of charge.
17.2 The guarantee applies only to products and services supplied directly by the Company.
17.3 The guarantee may be transferred to a new property owner if they notify the Company within one month of property ownership, provide the original contract and guarantee certificate, and pay a £25 administration fee.

Exclusions from the Guarantee:

Defects or damage caused by misuse, lack of maintenance, fair wear and tear, accidental damage, or criminal acts.
Storm damage or glass breakage post-installation.
Work not performed by the Company or its subcontractors.
Subsidence-related failures in conservatory basework.
Condensation on glass surfaces (interior or exterior).

One-Year Guarantee:

Brass items, hinges, handles, cat flaps, letterboxes, electrical goods, and plumbing installations.

18. Additional Notes on Liability

18.1 The Company is not responsible for plaster, render, brickwork, or tiles unless damaged due to lack of reasonable care.
18.2 The Customer is responsible for removing and refitting curtains, blinds, or flooring as required.
18.3 The Company follows the Glass and Glazing Federation guidelines regarding blemishes or imperfections in glass.

19. Installation and Finishing Details

19.1 The Company endeavours to fit products square and level, prioritizing proper fitting over aperture alignment.
19.2 Timber products will receive only a base coat unless otherwise agreed; the Customer is responsible for additional decoration and maintenance.
19.3 Replacement window boards will be installed only if specified in the signed contract.

20. Supply-Only Contracts

20.1 Supply-only contracts include a one-year guarantee, except for double-glazed sealed units, which carry a five-year guarantee against unit failure if properly installed.

21. Treating Customers Fairly (TCF)

21.1 The Company is committed to treating customers fairly in accordance with the FCA’s TCF principles. This includes providing clear and accurate information, offering suitable products and services, and handling complaints effectively.

22. Customer Complaints Policy

22.1 Bowalker Windows Limited is committed to providing excellent customer service and resolving any complaints fairly and efficiently. Customers can make a complaint in the following ways:

Phone: 01444810111
Email: info@bowalkerwindows.co.uk
In Writing:Bowalker Windows Limited, 1-2 Bolney Grange Business Park, Bolney, Hickstead, Haywards Heath, England, RH17 5PB

22.2 We aim to acknowledge all complaints within 24 working hours. We aim to arrange a visit within 7 working days (if required) and will aim to do this quicker. We aim to remedy within 7 working days of the visit. We aim to provide a full response and resolution within 14 working days in total. If you are not satisfied with our response, you can escalate your complaint as per the instructions below.

22.3 Our recommended process where Bowalker has carried out an installation is as follows:

If Bowalker have not been able to resolve the complaint to a customer’s satisfaction and concerns remain regarding the installations compliance, we recommend they contact FENSA through the following methods:

FENSA helpline – 020 7645 3700.

Email – enquiries@fensa.org.uk

For general consumer complaints (poor workmanship, breach of contract, etc.):

Citizens Advice: This is your first stop. They provide free, impartial advice and can help you understand your rights and the best course of action. They can also help you draft letters or complaints.

Trading Standards: They enforce consumer protection laws. If the company has acted illegally (e.g., misleading you, using unfair contract terms), Trading Standards might take action. However, they generally don’t get involved in individual disputes unless there’s a wider pattern of malpractice. You report to them via Citizens Advice.

For complaints related to credit agreements (where Bowalker Windows Limited have provided finance along with the installation):

Financial Ombudsman Service (FOS): If your complaint is about the credit agreement itself (e.g., unfair charges, misleading information), you can complain to the FOS.

For complaints about specific trade practices or misleading claims:

Advertising Standards Authority (ASA): If the company’s advertising or promotional materials are misleading (e.g., false claims about product performance), you can complain to the ASA.

For complaints about building regulations (if applicable):

Local Authority Building Control: If you believe the installation doesn’t meet building regulations, contact your local authority’s building control department.

23. Data Protection

23.1 The Company will handle the Customer’s personal data in accordance with its Data and Privacy Policy, which can be found on the Company’s website.

24. General Provisions

24.1 These Terms and Conditions constitute the entire agreement between the Company and the Customer.
24.2 No variation of these Terms and Conditions shall be effective unless in writing and signed by both parties.
24.3 If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall remain in full force and effect.
24.4 These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales.
24.5 Any dispute arising under or in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales.