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Terms & Conditions of Sale

  1. In these Conditions of Sale Urban Windows, Doors and Conservatories Ltd is referred to as the Company and the person or persons signing the Purchase Contract is referred to as the Customer.
  2. The Company shall sell and the Customer shall purchase the goods and services referred to in the Purchase Contract subject to these Conditions of Sale which shall govern the contract between the Company and the Customer to the exclusion of any other Terms and Conditions which the Customer may seek to apply under any order confirmation or similar document. All orders, including any discussed and agreed verbally, must be confirmed in writing
  3. The placing of an order with the Company and the execution of the Purchase Contract will bind the Customer to these Conditions of Sale. Any variation or alteration to the terms of these Conditions of Sale shall only be binding upon the Company if agreed in writing by the Company and signed by a Director of the Company. Any such variation or alteration may result in extra charges being made by the Company.
  4. All goods ordered under the Purchase Contract and, where applicable, survey are purpose-made bespoke goods specifically manufactured to the Customer's particular requirements and as such are not resaleable to third parties. When signing the Purchase Contract and subsequent survey the Customer confirms that the description of the goods stated is accurate and complete. The Company will not accept the rejection or return of any bespoke goods due to incorrect information being provided, agreed or signed off by the Customer. Any costs incurred by the Company for bespoke goods which the Customer has agreed to purchase but then seeks to reject or return will be payable by the Customer. Nothing in this Clause affects the Customer's legal rights.
  5. The Company reserves the right to cancel this contract at any time by giving notice to the Customer and the liability of the Company in the event of such cancellation is limited to a refund of any payments made by the Customer in connection with this contract, less any costs incurred for the goods and services provided by the Company to the date of cancellation.
  6. On receipt of the signed Purchase Contract, the Company will advise the Customer of the date for the Company's surveyor to visit the installation address, to check and re-measure all the goods ordered. The Customer will be asked to sign the survey which may contain different goods or specifications to those originally purchased under this Purchase Contract due to the results of the survey or the Customer's own requirements. The final survey supersedes any previous designs and illustrations agreed during the quotation stage. The Customer's signature on the survey will amount to their agreement as to the specification of all goods and services ordered from the Company under the Purchase Contract and the survey, to include any subsequent variation to the Purchase Contract due to the survey. The Customer's signature on the survey further constitutes their agreement to the manufacturing of the bespoke goods and their liability for payment of the same under Clause 4 of these Conditions of Sale.
  7. Following receipt of the executed survey, the Company will advise the Customer of the anticipated delivery or installation period. All dates and timeframes will be estimates and any date or timeframe provided shall not be of the essence of the contract. The Company will make every reasonable effort to comply with dates or timeframes given but in the event the Company fails, for any reason to include but not limited to delay in the performance of the contract which arises from the causes beyond the reasonable control of the Company, to meet any date stated the Customer shall have no right to damages or to terminate the contract due to the same.
  8. The Customer shall permit the Company's servants, workmen or agents to have access to their premises at any reasonable time to enable installation to be completed. The Company will advise the Customer when the goods will be ready for installation and attempt to agree an installation date with the Customer. If a date for installation has not been agreed within 14 days of the Company proposing such date, the full purchase price will become due and payable immediately.
  9. Demonstration windows, doors and other products are used to demonstrate the working of a typical product and its composition. Where demonstration products are shown to the Customer, this is for the sole purpose of demonstration only and does not constitute a sale by sample. The windows or other products detailed in the Purchase Contract will be installed by the Company and manufactured by the Company's manufacturing partners. The Company reserves the right to make variations in the methods of installation without notice and shall be under no obligation to supply goods exactly conforming in appearance to samples of goods previously supplied. In the event the Company's manufacturing partners make a reasonable variation in the design and specification of its products, the Company reserves the right to accept such reasonable variation without notice to the Customer. The Company reserves the right to make any changes in the specification of the goods which are required to conform with any applicable safety or other statutory requirements or, where the goods are to be supplied to the Company's specification, which do not materially affect their quality or performance.
  10. Any claim by the Customer which is based on any defect in the quality or condition of the goods or their failure to correspond with specifications shall (whether or not delivery is refused by the Customer) be notified to the Company within 14 days from the date of delivery/installation or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If delivery is not refused and the Customer does not notify the Company accordingly, the Customer shall not be entitled to reject the goods/product and the Company shall have no liability for such defect or failure and the Customer shall be bound to pay the prices as if the goods/product had been delivered in accordance with the Contract.
  11. The Company's agreement to the provision of any credit account will be at their own discretion and subject to prior agreement with the Customer, receipt of all necessary details and an appropriate volume of business. The continuance of such agreements will be at the discretion of the Company and dependent on there being no adverse changes in the details supplied by the Customer on commencement of the credit account and prompt settlement of any amounts due. The Company reserves the right to cancel such arrangements at their discretion and without notice.
  12. Any guarantee provided by the Company is limited to those Guaranteed goods listed within our Guarantee document entitled “Urban Windows Guarantee”, the terms of which should be read as incorporated into these Conditions of Sale. The Guaranteed goods listed in the Company's Guarantee document are guaranteed against faulty workmanship or materials from the date of installation, subject to clause 12.2 of these Conditions, and for the period stated on the Guarantee document. Please note, the guarantee period given differs depending on the Guaranteed goods. If the Guaranteed goods prove to be faulty during that period the Company will replace or repair the product free of charge. All goods supplied by the Company will be provided with maintenance instructions. Failure to maintain the goods in accordance with the maintenance instructions will affect any guarantee or warranty provided and may render the same invalid.

    Any Guarantees given by the Company are subject to the following conditions:
    1. The Company shall be under no liability under the Guarantee (or any other warranty or condition) in respect of any defect in the goods arising from any information, design or specification supplied by the Customer and/or any defect arising from wear and tear, accidental breakage, wilful damage, negligence, abnormal working conditions, failure to follow the Company's instructions (whether oral or in writing), failure to maintain the goods, misuse, alteration or repair of the goods.
    2. The Company shall be under no liability under the Guarantee (or any other warranty or condition) if the total price under the Purchase Contract has not been paid by the due date for payment.
  13. In the event that the Customer sells the address stated as the Installation Address on the Purchase Contract (“the Property”), all guarantees given by the Company in relation to the Guaranteed goods are transferable to the purchaser of the Customer's Property subject to the following:
    1. The Customer must inform the Company of the sale of their Property so that an on-site 'inspection' can be carried out prior to the sale of the Property being completed to ensure Guaranteed goods have been maintained in accordance with the maintenance instructions and that the Guarantee provided by the Company remains valid.
    2. The Customer must incorporate, within the contract for sale of their Property, a term which binds the purchaser of their Property to confirm in writing, within 28 days of purchase that they are the new owners and must inform the purchaser of the Property that it is their responsibility to register the change of guarantee with Consumer Protection Association, insurance backed guarantee provider.
    3. Subject to a positive inspection of the Property and confirmation that the Guaranteed goods have been maintained and upon receipt of the purchasers written confirmation that they are the new owners of the Property, the Company records will be updated.
    4. If any of the subclauses at clause 13 fail to be adhered to, the Company reserves the right to refuse the transfer of any Guarantees given to the Customer to the new owner of the Property.
  14. In addition to the guarantees referred to at clause 12 above, and as the Company does not manufacture the goods, it will use reasonable endeavours to pass on to the Customer the benefit of any applicable manufacturer's warranty upon completion of the installation by the Company and receipt of payment in full from the Customer. All goods supplied by the Company will be provided with maintenance Terms & Conditions which are relevant to the guarantee and warranty periods. Failure to maintain the products according to maintenance instructions provided will affect the terms of both the Guarantee provided by the Company and the warranty provided by the Company's manufacturing partners. The Company's liability in respect of any such goods (or component parts of goods) under the manufacturer's warranty shall be limited to such amounts as the Company is able to recover from the relevant manufacturer.
  15. Whilst the Company endeavour to ensure the quality of the glass supplied, both with double and triple glazing, it does not accept liability for defects or imperfections arising from the glass manufacturing process. All glass will be to the standards of the glass industry (GGF - Glass & Glazing Federation). Leaded or Georgian effect products may have slight variations and the Company cannot guarantee to completely match patterns to adjacent windows and/or door areas as the patterns are set out and spaced in accordance with the general trade practice. Please note that Oxidation will always occur with all options of Leaded Units. Some lead options are coated leads so there will be less oxidation but they may still oxidise around the edges. Oxidation is a natural process which affects the appearance of lead, when exposed to the different environmental conditions.
  16. Whilst all reasonable care will be taken, the Company will not be held liable for any damage to internal or external decorations caused by the installation. The Customer is responsible for the removal and refitting of all blinds, shades, curtains or curtain rails, alarms and security systems, unless such refitting and/or removal is included as a charge under the Purchase Contract or any variation of the same.
  17. For installation work where scaffolding is required, an extra charge will be made to the Customer.
  18. The balance due to the Company on completion/delivery as shown overleaf is payable on completion of the installation. Where some minor rectification work is needed, the definition of which it at the discretion of the Company, and the Company has agreed to carry out the same under the Purchase Contract, the installation will continue to be deemed complete. However, when the Company has agreed to carry out such aforementioned rectification work under the Purchase Contract, the Company agrees to the Customer withholding 5% of the balance due until that rectification work has been concluded.
  19. The Company will accept payment by way of cash, debit or credit card or bank transfer. Payment by credit card will not be accepted in the event the Customer alleges any further rectification work is necessary.
  20. If any payment has not been received by the Company in accordance with these Conditions of Sale, the Company reserves the right to charge interest on the outstanding balance at the rate of 8%pa above the Bank of England's base rate from the date payment falls due until payment is made in full.
  21. The goods supplied and/or installed shall remain the property of the Company until payment has been received in full by the Company for all monies owed by the Customer. No remedial/warranty work or requests will be carried out until all outstanding balances owed to the Company have been paid in full.
  22. Customers who have Finance Company approval for Home Improvement Loans but choose to purchase the company's goods by alternative means are deemed by the company to be paying cash on installation, and therefore clause 18 of these conditions shall apply.
  23. The Customer shall be responsible for ensuring that the supply and fitting of the products complies with every applicable statute, Order in Council reputation or direction of Government, local or other authority regulations and in particular that they have lawfully obtained every necessary permission, license, permit or authority required in connection therewith.
  24. Should the Customer fail to adhere to clause 23 above, the Company shall not be liable for any consequential loss sustained by the Customer.
  25. Where the Company undertakes associated building work, all reasonable effort will be made to ensure matching of new to existing brick/stonework. However, the Company makes no guarantee to this effect, particularly in regard to matching the effects of "weathering".
  26. Any plaster or rendering work will be unpainted, no redecorating work is included by the Company.
  27. The Company does not accept any responsibility for accidental glass breakage, either by the Company, Customer, any householder or any third party.
  28. By signing this Purchase Contract the Customer confirms that the Installation Address shown overleaf is owned by the Customer as freehold property.
  29. Any additional goods or services which the Company agrees to provide and which are not detailed overleaf or on the Survey will need to be confirmed in writing, as per Clause 3 of these Conditions of Sale and will be charged in addition to the invoice amount detailed overleaf based upon prices current in our price list.
  30. Every care is taken to avoid unnecessary damage although the Customer agrees to accept and acknowledge the normal problems which can occur when building works are carried out in a property which is currently occupied. As part of the Installation Service, the Company will finish to a reasonable standard the immediate installation fitting area (Top, Sides and Bottom of the window surrounds) but excludes redecoration of any other part of any room either inside or out. The Customer agrees to clear all rooms effected by the installation prior to the commencement of the installation by the Company. The Company does not accept any liability for any damage to any furniture, furnishing, decorations, walls, structures or any parts of the premises.
  31. The styles detailed on the Purchase Contract will be for windows as viewed from outside. Where the area of a vent is not specified, the Company will make that vent size consistent with the size of the window.
  32. The Customer agrees to adhere to the maintenance instructions provided by the Company in relation to the Goods and to ensure that all goods are regularly cleaned and maintained. It is recommended that the frames supplied by the Company should be cleaned with warm soapy water at regular intervals. Hardware handles and any hinges should be lubricated every 3 months. Failure to do so will affect the guarantee and the warranty and render the same invalid. (See warranty instructions/maintenance guide on how best to maintain your products.)
  33. Any internal gaps due to replacement windows being slimmer than existing windows will be covered with the materials chosen by the Company. New window boards if required will be charged as an extra under clause 29 unless specifically quoted for in the Purchase Contract.
  34. The Company's standard finish to the outside of the building will be by mortar rendering. Gaps between the new windows and the brickwork will be mastic or mortar pointed. If the Customer requires any other finishing or further effect, this must be agreed in writing with the Company and will be charged extra unless already stipulated within the Purchase Contract.
  35. Frames will be made square which may sometimes leave gaps to be made up or cladded in out of square openings. Inward opening products will be made to suit the internal constraints of opening with the resultant gaps on the outside to be pointed or cladded.
  36. Where the external sill forms part of the window frame to be removed and new uPVC sill will be fitted as part of the standard window price where other types of sills are represented (e.g. Stone or Tile) the new windows will be fitted to the existing sill without a uPVC sill unless specifically stated otherwise on the face of the Purchase Contract.
  37. Where the Purchase Contract is signed outside of the Company's office or showroom, the customer may cancel any part of the Purchase Contract by providing written notice of cancellation by recorded delivery to the Company's head office at Incomol House, Incomol Business Park, Derby Road, Clay Cross, S45 9AG, within fourteen days of the date the Purchase Contract is signed (“the cooling off period”)
  38. Following the expiry of the 14 day “cooling off period”, no Purchase Contract which has been entered into by the Company and the Customer may be cancelled by the Customer except with the agreement in writing of the Company and the Customer shall indemnify the Company in full against all losses (including loss of profit) costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Company as a result of any cancellation. Cancellation of this Purchase Contract by the Customer, without the agreement of the Company, shall amount to a breach of contract by the Customer and the Customer shall thereupon be liable to pay the Company, by ways of deduction from deposit or otherwise, the losses and expenses incurred by the Company.
  39. The Company reserves the right by giving notice to the Customer at any time before delivery to increase the price of the goods to reflect any increase in the costs to the Company which is due to any factor beyond the control of the Company (such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labour, materials or other costs of manufacture) or to any change in delivery dates, quantities or specifications for the goods which is requested by the Customer, or any delay caused by any instructions of the Customer or failure of the Customer to give the Company adequate information or instructions.
  40. Except in respect of death or personal injury caused by the Company's negligence, the Company shall not be liable to the Customer by reason of any representation or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any consequential loss or damage, costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of the Company, it's employers, agents or otherwise) which arise out of or in connection with the supply of the goods/products or their use or resale by the Customer, except as expressly provided in these Conditions.
  41. The Company shall not be liable to the Customer or be deemed to be in breach of the Contract by reason of any delay in performing or any failure to perform any of the Company's obligations in relation to the goods and services if the delay or failure was due to any cause beyond the Company's reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Company's reasonable control:
    • Act of God, explosion, flood, tempest, fire or accident; War or threat of war, sabotage, insurrection, civil disturbance or requisition:
    • Acts, restrictions, regulations, by-laws, prohibitions or measures of any kind on the part of any Governmental, Parliamental or Local Authority; Import or Export regulations or embargos;
    • Global pandemic; Strikes, lockouts or other industrial actions or trade disputes (whether involving employees of the Company or of the third party);
    • Difficulties in obtaining raw materials, labour, fuel, parts or machinery;
    • Power failure or breakdown in machinery.
  42. This Clause applies if:
    1. The Customer makes any voluntary arrangement with its creditors or becomes subject to administration order or (being an individual) becomes bankrupt or;
    2. An incumbrancer takes possession or a Receiver is appointed, or any of the property or assets of the Customer or;
    3. The Company reasonably apprehends that any of the events mentioned above is about to occur in relation to the Customer and notifies the Customer accordingly.
    If this Clause applies then, without prejudice to any other right or remedy available to the Company, the Company shall be entitled to cancel the Contract or suspend any further deliveries/installations under the Contract without any liability to the Company and if the goods/services have been delivered/installed but not paid for, the price shall become immediately due and payable, not withstanding any previous agreement or arrangement to the contrary.
  43. The Company agrees to comply with all applicable data protection legislation.
  44. Any notice to be given pursuant to the terms of this contract shall be in writing and shall be delivered by hand or sent by recorded delivery to the Company's head office at Incomol House, Incomol Business Park, Derby Road, Clay Cross S45 9AG or any such other addresses as the addressee may have notified for the purpose of this clause.
  45. In the event that any clause or provision of this contract is held invalid, illegal or unenforceable for any reason by the Court, such provision shall be severed and the remainder of the provisions of this Purchase Contract shall continue in full force and effect as if this agreement had been signed with the invalid, illegal or unenforceable provision eliminated.
  46. In the formulation of the Contract, the use of abbreviations and product codes is unavoidable. If you are uncertain as to the meaning of any of these, please request clarification from the salesperson