1.The terms and conditions of this contract are not intended to infringe upon the statutory rights given to the customer or the company .
2. Top Choice and Top Choice Doors are trading names of Top Choice Doors which is a business, wholly owned by Mr Joe Harvey Esq. hereafter called ‘The Company’. The following specific terms relate to the customer and the company which pursues its business as Suppliers and Installers of purpose made doors and roller garage doors.
3.These conditions, together with the signed order, constitute a complete record of the terms for the supply and/or installation of the company’s products. Any oral representations or promises made are excluded unless they are added in writing on the face of the order form and signed by the customer and the company’s representative. You can cancel this contact and obtain a refund of your deposit by giving written notice within seven days following the signing of this agreement. If you wish to cancel after seven days, we will be prepared to consider releasing you from the contract providing you compensate us for the loss and expense we have incurred. In the interests of safety and for your own protection any requests for cancellation should be submitted by recorded delivery. In the formulation of the contract the use of abbreviations and produce codes is unavoidable. If you are uncertain as to the meaning of any of these, please request clarification from the company representative and/or the surveyor. Any alterations or errors on the order form must be signed by the customer and the company’s representative.
4.The company’s responsibility of supply and installation of the order is subject to survey. All relevant local authority planning permission and building regulation approval where necessary, is the responsibility of the customer. The company reserves the right to cancel the contract at any time by serving due notice on the customer and the liability of the company in these circumstances is limited to a refund of any payments made by the customer in connection with the contract.
5.The period quoted for delivery commences from the date of obtaining any planning and building regulations approval where required, and is an estimate only. We will use our best endeavours to adhere to any delivery period quoted to you, but time shall not be of the essence of the contract. If our installation is not completed within the period quoted for delivery, you can by notice in writing request us to effect completion within a reasonable extension of time. In general, we would accept that six weeks would be reasonable. If completion is not achieved within the extended time, you may terminate the contract and cancel our instructions for any work then outstanding, again by written notice. We will not be liable for any delay arising from causes which cannot reasonably be regarded as within our control. Time taken up by such delays will not count for the purpose of this clause.
6.For surveying and installation purposes the customer hereby agrees to allow access to the premises during normal working hours and free use of electricity and water to enable the work specified to be carried out and completed. The company reserves the right to enforce payment of the contract balance if an appointment for delivery and installation or completion has not been agreed within a period of six weeks following a request by the company for such an appointment.
7.The contract price includes the specification as noted on the face of the order based on the assessment by the sales agent. If additional unforeseen work is required and there is a variation in the cost, this will be notified to the customer .
8.The company hereby guarantees to the customer the products and installation of its products for a period of 1 year from receipt of full payment. The company will repair or replace any units or parts thereof which under normal or proper use develop a fault due to defective materials or installation, but the company’s warranty for this work will only extend to for a 1 year period the companies labour will only be covered during the 1 year period. Outside of the 1 year period our Manufacturer Aluroll will from the point of sale guarantee parts for 2 years and the garage doors electric motor for 5 years. Damage resulting from structural or other defects caused by subsidence heave or landslip or severe storm or flood is excluded. Claims for surface damage, blemishes etc must be made in writing within seven days of installation quoting the order number . This guarantee is given in addition to the customer’s existing legal and statutory rights.
9.In some circumstances such as weight or function the company reserves the right to use an alternative Motor this will be determined by the company upon order of your door.
10.“Supply only” contracts will be issued with a 12 months parts only guarantee.
11.Under the company’s policy of continuous improvement to its products, production and installation methods, the customer shall have the benefit of any modifications the company makes to the design or specification without notice to the customer . All drawings and illustrations in the company’s catalogues, sales and promotional literature are intended as a guide only .
12.Whilst the company will endeavour to ensure that the quality of the glass supplied is first class, it cannot accept liability for minor imperfections arising from the glass manufacturing process. The company cannot guarantee to completely match patterns to adjacent windows or door areas. The patterns of leaded and Georgian effect products are set out and spaced in accordance with general trade practice.
13.No guarantee, warranty or other representation is given by the company concerning the incidence, prevention or elimination of condensation. This is dependant upon the environment within the dwelling.
14.Settlement of the outstanding balance Payment shall be in cash for which a receipt will be given, or by cheque made payable to the company and crossed A/C Payee Only. Payment can also be made at the company’s office by credit or debit card for which a surcharge of 3% will be applied to all balances. All supplied goods remain the property of the company until paid for in full. When payment is not made in accordance with this condition the outstanding balance shall carry interest at the rate of 2% per month or part thereof commencing from the date when settlement was due.
15.No undertaking can be given that the existing door and window frames can be removed so as to be fit for re-use or any other purpose.
16.The company will make good damage caused to the immediate surrounding area of the installation including plaster, floor, rendering or brick work, but accepts no liability for any damage resulting from structural or other defects in the customer’s property . The company does not undertake to replace ceramic or other tiles or specialised finishes such as Tyrolean or pebble-dash and are not liable for damage to internal decoration within the close proximity of the windows and/or doors. The company will however endeavour to keep all superficial damage to a minimum.
17.The customer shall provide a clear working area to enable the work specified to be carried out including the removal of any shrubs, plants, trees, telephone/television cables and burglar alarm contacts.
Notice of Right to Cancel the Contract
Customer Cancellation Rights
You have the right to cancel this contract if you wish, within seven calendar days starting on the day this Notice of Right to Cancel is issued.
Cancellation should be communicated in writing by email to [email protected]
Work begun prior to the expiry of the cancellation period.
If you have agreed in writing that work will commence before the seven day cancellation period expires including a survey, and you subsequently cancel in accordance with your rights, you are advised that reasonable payment may be due for any work carried out. You are asked to confirm in writing that work may commence before your cancellation period expires.