Customer Contract Guarantee Terms and Conditions: Lynch Cooper Ltd

  1. All terms of the Contract between the Customer and LYNCH COOPER Ltd are contained in this document. No guarantee, representation or warranty is made or given by LYNCH COOPER Ltd save as appears herein and no agent or employee of LYNCH COOPER Ltd has authority to make any guarantees, representations or warranties. No variation of or addition to the work specified in the schedule attached shall have effect unless agreed in writing by LYNCH COOPER Ltd.
  2. If during the course of the works problems of a structural nature become apparent (and which could not have reasonably been foreseen by LYNCH                      COOPER Ltd) then LYNCH COOPER Ltd shall have the right to call in a suitably qualified structural surveyor to advise on the problem and report in writing at the Customers expense with the recommendations to be implemented by the Customer and at the Customers expense as soon as practical to enable LYNCH COOPER Ltd to proceed safely with its works.
  3. The Customer will accept delivery and grant LYNCH COOPER Ltd employees access to the premises at all reasonable times to enable installation to be               completed as soon as advised that the units are ready. If within twenty eight days of such an advice an appointment has not been fixed the balance of the total cash price is then due and payable.
  4. All works fitted by LYNCH COOPER Ltd will be manufactured and fitted substantially in accordance with the schedule attached but LYNCH COOPER Ltd reserves the right to make such modifications as it may consider necessary.
  5. LYNCH COOPER Ltd undertakes to use its best endeavours to adhere to any delivery period quoted to the Customer but time shall not be of the essence of the Contract and LYNCH COOPER Ltd shall not be liable in any respect for any delay in installation caused by reasons beyond LYNCH COOPER Ltd’s              control. LYNCH COOPER Ltd will not be liable for compensation should any inconvenience or loss of earnings arise due to the time scale and nature of the work undertaken, unless damage has been caused to the property, belongings etc., resulting from negligence  by LYNCH COOPER Ltd. Delayed installations      requested by the Customer may be subject to a price increase if a period of more than sixteen weeks has elapsed since the date of the order before the units            are installed. A proper price for the units at the time of the installation must be paid and this Contract cannot be cancelled by the Customer because the price is higher than the sum mentioned overleaf.
  6. Glass used in the works is of the best quality reasonably obtainable but may have minor imperfections and LYNCH COOPER Ltd shall not be obliged to replace any such as are not covered by the warranty of the glass manufacturer. The standards of blemish acceptability as laid down by the Glass and Glazing Federation shall be used in the event of a dispute.
  7. The risk in the goods sold shall pass to the Customer on Delivery.
    • a) The Customer shall keep the goods fully insured against all risks throughout the period between the risks therein passing to the Customer and the property therein ceasing to remain with LYNCH COOPER Ltd.
    • b) LYNCH COOPER Ltd double glazed units are designed primarily to reduce the heat loss that occurs through single glazing. The fitting of double glazed units will not itself eliminate condensation in the premises and no guarantee, representation or warranty is given that the condensation will be eliminated or reduced. Neither has any representative of LYNCH COOPER Ltd the authority to give any such guarantee, representation or warranty.
    • c) Notwithstanding delivery of the goods (or of any documents representing the goods) the property of the goods shall remain with LYNCH COOPER Ltd. until the Customer has paid LYNCH COOPER Ltd in full, in cash or cleared funds.
    • d) Until property of the goods passes to the Customer in accordance with 7a above without prejudice to LYNCH COOPER Ltd other right.
    • e) If any payment is not made on the due date the balance will, without prejudice to any right or remedy available to LYNCH COOPER Ltd, become subject to interest on the amount unpaid at the rate of 1.5% per month.
    • f) LYNCH COOPER Ltd may maintain an action for the price of the goods.
    • g) LYNCH COOPER Ltd will make good any damage caused in the course of the installation to plaster, rendering or brickwork immediately surrounding any windows or door installed, but do not undertake to repair damage to surrounding tiling, wallpaper or paintwork or to remove intact panes of glass or frames from old windows required to be retained by the Customer. LYNCH COOPER Ltd will endeavour to ensure that any making good will match existing finishes but shall not be liable for non-matching due to weathering of the existing materials or non–availability of matching materials. LYNCH COOPER Ltd accepts no responsibility for any damage resulting from structural or other defects in the property at which the installation is carried out.
    • h) Where brass furniture is used LYNCH COOPER Ltd does not guarantee against tarnishing.
    • i) LYNCH COOPER Ltd cannot be held responsible for any damage that may be caused to telephone wires that are currently running through existing window frames being replaced.
  8. LYNCH COOPER Ltd undertakes to repair or replace free of charge any defective unit supplied by LYNCH COOPER Ltd provided that the defect is notified  in writing to LYNCH COOPER Ltd within a period of Ten Years from date of installation and provided also that installation has been maintained in accordance with Lynch Cooper Ltd recommendations. Fair wear and tear is not covered by Lynch Cooper Ltd guarantee, hardware is guaranteed for a period of one year only. Sealed units are guaranteed for a period of five years.
  9. Any literature supplied by LYNCH COOPER Ltd is for promotional purposes only and shall not form part of this Contract.
  10. The removal and replacement of curtains, blinds and pelmets found necessary to fit the intended installation, unless included as a charge or additional work           on this Contract, is the responsibility of the Customer.
  11. A 30% deposit will be required on placement of order and the balance within seven days of completion of works.
  12. Seven day cooling off period –  If you are unhappy with your contract for any reason it can be cancelled and a refund of the deposit can be obtained by taking or sending a letter to us at LYNCH COOPER Ltd, Shire Steps, Knowl Hill Common, Knowl Hill, RG10 9YD sent within seven days following the date on which the contract was signed. In the interest of certainty, we recommend that you send any cancellation by recorded delivery.
  13. Any levies or taxes imposed by Government prior to installation will be added to the final invoice.
  14. By agreeing to this agreement you are also consenting to your personal data being shared with third parties for the purpose of fulfilling the requirements of the Competent Person Scheme for self-certification under the Building Regulations. Personal data includes title, name, address, phone and email numbers.
  15. This data will be used to provide essential documentation and will be retained on file for the lifetime of the guarantee which do not exceed 10 years.