Emes Ltd quotes are only valid for 30 days. Failure to accept within the specified period will result in the provision of a new quote.

The Customer agrees to purchase and have installed the Goods specified in the form of an order. If the customer requires supply only the customer agrees to the purchase and collection of the goods.

Orders are individually manufactured and any Goods not used in their intended location in the Customer’s premises cannot be credited against the contract price.

The total outstanding balance is payable after satisfaction completion or on collection of the Goods. With an exception of, if the work is priced over £6000 we will require partial payments, which amount to a 50% deposit when giving the go ahead, 50% of the remaining balance when the work commences and the remaining final balance when the work has been completed. If you have a credit account with us, you should follow the terms of this account regarding payment. Payment can be made to the installer in cash or by cheque made payable to the Company or by calling the office on 0191 482 2187 and paying by Credit/Debit card or bank transfer. Any outstanding balances not paid in full by the Customer within these payment terms will attract an interest rate of 3% per month above the Bank Of England base rate per annum.

This order is accepted by the Company subject to a final technical survey, which will be carried out in daylight hours.

Prior to confirmation of order, all specifications and openers would need to be confirmed as correct as any changes may incur extra costs. Changes to drawings or design which deviate from the information used may be subject to further cost.

Clients specifications will be clarified prior to start on site and may be subject to increase/decrease in cost.

Change of specification by the customer may be subject to further cost and a delayed completion date

The Company reserves the right to cancel this order in the event that the surveyor is not entirely happy that the Company can fulfil its obligations to the Customer within the contract price. In this event, any deposit or monies in respect of the contract will be refunded in full by the Company with a written explanation as to why we cannot fulfil the obligations.

The Customer hereby acknowledges that the items and diagrams in this survey/contract have been checked and are correct.

Risk shall pass to the Customer when Goods leave the Company’s premises where the Customer collects. Risk shall pass to the Customer when Goods have been installed by the company.

Notwithstanding that the risk in the Goods has passed to the Customer, the ownership of the Goods shall remain with the Company which reserves the right to possession and to dispose of the goods until such time that payment has been received in full by the Company and cleared through the Company’s bank account.

The Customer agrees to permit access to the Company, its workers to the installation address at all reasonable times in order that the Company may carry out the works scheduled. If, within 28 days of being advised that the Company is ready to install, the Customer has not agreed to an installation date, the balance of the product supply cost becomes payable.

If the customers requires supply only, the Goods should be collected within 28 days unless agreed otherwise.

The Customer will provide the free use of a reasonable amount of water and electricity.

The Company will take all reasonable care of the Customer’s property when carrying out the work but cannot accept liability for any damage or redecoration.

The contract price does not include for the repair or replacement of any rotten timber, defective lintels, hidden services or hazardous materials such as asbestos found during the course of carrying out the works of for the repair otherwise of any other structural defects unless such work is specified in the schedule of work. Any such work found to be necessary will be brought to the attention of the Customer and will be the subject of a separate quotation.

The Company does not undertake to move services, fixtures or fittings which are ancillary to the basic structure of the property, e.g. radiators, pipes, electricity, telephone or television cables and the Customer shall remove all household fixtures, including curtains, nets and blinds, before the installation is due to commence.

The Company does not take any responsibility for damage caused to any of the above if not removed by the Customer whilst work is executed. The Company reserves the right to charge for wasted time if it is unable to carry out work due to site specific restrictions/conditions.

No undertaking can be given that the Customer’s existing doors, windows and/or frames can be removed so as to be fit for re-use or any other purpose and they will be removed from the site and disposed of unless the Customer instructs the installer to leave them.

Every effort will be made to protect and clean working areas as best as practicable, but the Company cannot be held responsible for small fragments /splinters/ particles, which may still be present.

The Company reserves the right to make minor variations in the specification of any of its products at its discretion and without prior notice to the Customer, in keeping with the Company’s policy of continuous development and improvement.

The Customer shall be deemed to have accepted the Goods if not rejected within 30 days of delivery or collection or immediately in the event of the Customer having signed a note of acceptance or delivery. Rejection subsequently will not be acceptable to the Company.

Any product guarantee will come into effect immediately upon completion of the works provided that the full price has been received (less any appropriate amount in the event of defects) by the Company on the due date.

It should be clearly understood that no alteration or cancellation of the order, if signed by the Customer “subject to building society/bank/finance company approval”, can be made, unless written confirmation of the refusal of finance received from the building society/bank/finance company concerned is provided to the Company. At that time, this Contract will be deemed to be null and void and any deposit which has been paid will be returned to the Customer.

The delivery or installation period quoted is that anticipated at the time of the order and will be improved on if possible. In the event that this contract is not completed within the specified delivery period, the Customer may serve notice on the company in writing, requiring that the work be carried out and completed within eight weeks, depending on when the goods are received from the supplier. If the work is not completed within such expended period, the Customer may cancel the uncompleted work covered by the contract without penalty on either side and without loss of any deposit paid by serving written notice by recorded delivery post to the Company. Notwithstanding the foregoing, the Company shall not be liable for any delay in the completion of work which arises from causes beyond the reasonable control of the Company. In the event that time has been made the essence of the contract, time shall not run during such delay or when a delay on the Customer’s account is operating.

The Company’s liability to the Customer in respect of the direct or indirect consequences of any breach or non-performance howsoever caused or of the strikes or of lock-outs or of any other circumstance beyond the Company’s control or of non-supply by a third party or arising out of negligence or of any misrepresentation or of force majeure or of any other tort or breach of statute by the Company, its employees or its agents shall be limited to the price of the goods which are subject matter of the particular order.

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 15 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

The Company does not claim or guarantee that its products eliminate or even reduce the incidence of condensation.

As we are a contractor (rather than an architect), we cannot take responsibility for specifying although we endeavour to give the benefit of our experience as best we can.

The Company will repair or replace all goods which are or become defective by reason of faulty materials or workmanship in line with our written guarantee and the Consumer Rights Act 2015.

The Customer agrees that the Company can repair or replace all goods which are defective by reason of faulty materials or workmanship in the course of the contract, or will repair or replace faulty materials or workmanship in line with the guarantee and the Customer Rights Act 2015.

Nothing in these terms and conditions shall be interpreted as excluding or restricting the statutory rights of the Customer.

The formation, construction and performance of this agreement or shall be governed in all by English Law.

Only works listed have been allowed for in this quote.

We have not priced for any decoration or floor coverings.

For pricing purposes, we have assumed that all incoming services and meters are remaining as they are.

The price for the electrical works assumes minor works as stated and that all existing wiring and circuits are in good working order and meets all current regulations.

Advice should be sought to check whether planning consent would be required.

Emes reserves the right to add additional costs to the quote for unforeseen complications.

Access to the property will be required at all times for water and electrics.

QUALIFICATIONS, ASSUMPTIONS & EXCLUSIONS FOR COMMERCIAL CONTRACTS:

Qualifications:-
1.1. Prices exclude 20% VAT

1.2. Pre-start meeting and site investigation will be required before commencement on site

1.3. Change of specification by the customer may be subject to further cost and a delayed completion date

1.4. Provisional sums (Prov.).within the tender are subject to re-measure

1.5. Changes to drawings or design which deviate from the information used as stated below may be subject to further cost

1.6. Clients specifications will be clarified prior to start on site and make be subject to increase/decrease in cost

1.7. This tender is not final and may change; a full detailed tender will be available once all final details and specifications are determined

1.7.1 Site inspections to be carried out, this may cause additions/omissions to the tender documents

1.7.2 Until such time as all site inspections and specifications have been carried out this tender should not be taken as final

1.7.3. All quantities are re-measurable and used for indicative purposes only

1.7.4 All quantities are subject to re-measure once the project has commenced

1.7.5 All construction and finishing details have been assumed

The following assumptions have been made in drawing up the costs:-
2.1. Structural engineers details will be provided

2.2. Building regulations drawings will be available

2.3. Exclusions and additional information can be found under each section ‘notes for pricing’

2.4. Items with PC or Provisional Sums will be subject to re-measure

2.5. Preliminaries items such as scaffolding, special plant and tools and safe stands will be available on site for use. If they are required, an additional charge will be applied

The following exclusions have been made within this tender:-
3.1. Any items not mentioned within the tender have been excluded

3.2. No allowance for sundries e.g. numbers, coloured glass, general additions

3.3. No allowance for preliminaries e.g. scaffolding, special plant and tools, safe stands

3.4. No allowance for any associated electrical connections whether the disconnection and reconnection of any existing supplies that will affect the install of the windows/doors or the connection of any new supplies such as for automatic doors, roller shutters or external lighting

3.5. Flooring and furniture will be covered as best as possible and every effort will be made to clean work areas as needed but some light dust settlement is inevitable

3.6. Although every effort will be made to make good internal surfaces once work is complete, the following works will not be carried out unless clearly stated and priced for:

3.6.1. Installation of any internal cills

3.6.2. Making good any wood work

3.6.3. Making good any plastering

3.6.4. Making good any decoration

ADDITIONAL INFORMATION

Governing Law
Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the United Kingdom, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in United Kingdom. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in United Kingdom, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Emes Windows may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

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If you have any questions about these Terms, please contact us.