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POLAR WINDOWS CONDITIONS OF SALE

 

• 1. GENERAL

 

"Polar" means Polar Windows Chesterfield Ltd; "You" means the person, firm or company to whom a Purchase Order is addressed or whose order is accepted by Polar; "the Goods" means the goods referred to in the Purchase Order or order; "the Delivery Address" means the property at which the Goods are to be installed; "the Contract" means the contract made between Polar and You incorporating these Terms and Conditions; "Terms and Conditions" means these conditions of sale together with all other terms and/or conditions set out on the Purchase Order; the "Purchase Order" means the document to which these Terms and Conditions are attached and "the Guarantee" means the guarantee set out in clause 12 of these Terms and Conditions.

All prices quoted by Polar are based upon these Terms and Conditions and reflect the limitation upon Polar's liability which they contain.  Should You wish to contract with Polar otherwise than on the terms of such Conditions of Sale special arrangements can be made and a revised price quoted by Polar.

The absence of any such special arrangement (which shall not bind Polar unless made in writing and signed on Polar's behalf by a person duly authorised for the purpose) all quotations given and all contracts made by Polar in respect of the sale and installation of the Goods and any changes made to those quotations and contracts shall be subject to these Terms and Conditions in place of any other terms or conditions proposed by You or printed on Your stationary.

No agent or salesman of Polar has authority to give any guarantee or warranty on behalf of Polar or to transact business other than on the (unamended) form of these Terms and Conditions.

 

• 2. LIMITS OF CONTRACT

A Contract will only be created when a Purchase Order is signed by You and is accepted by Polar.

Any special terms of your Contract with Polar shall be set out on the Purchase Order and (unless expressly referred to on the Purchase Order) all other correspondence or oral communications between You and Polar shall not form part of the Contract.

Any changes to the terms of the Contract shall be agreed by Polar and You and set out on Polar's Order Variation form and shall not be binding on either party until signed by Polar and by You.

 

• 3. TECHNICAL DATA AND REPRESENTATIONS

All drawings, brochures, descriptive matter, price lists or advertisements, whether or not supplied with these Terms and Conditions, and approximate only, are intended merely to give a general idea of the Goods and shall not form part of the Contract.

 

• 4. PRICE

The price of the Goods shall be the price set out on Polar's Purchase Order.

If Polar sends a quotation or tender to You it will accept orders which are received within the time limit set out in that quotation or tender, at the price stated in that quotation or tender.

The price of the Goods shall be subject to the addition of Value Added and/or other applicable Taxes.

Any increase in costs or expenses arising from any changes to the Contract requested by You, or any act or omission or any special requirements of You may, at Polar's option, be charged to You.

Should You, after the date of the Contract, make (or contract with another person or company to make) any alterations at the Delivery Address which Polar consider will result in change being required to the Goods, Polar may, at Polar's option, charge any resulting increase in costs or expenses to You.

 

• 5. VARIATIONS TO SPECIFICATION

Polar may:

• make changes to the Goods by substitution of items of similar or improved quality as part of Polar's policy of continual improvement of its products;
• substitute other components or materials of equivalent strength when the components or materials specified are not readily available; and
• cancel the Contract in accordance with clause 7.1 if modification to the Goods becomes necessary for Statutory, safety or security reasons.

 

• 6. SURVEY

The Contract is subject to a survey of the Delivery Address by Polar's technical surveyor, which will be carried out at a time and date convenient to You.

The purpose of the survey is only to ensure that existing windows and/or doors at the Delivery Address can be successfully removed and replaced by the Goods.  The survey is not a structural survey and is only intended to identify defects at the Delivery Address which would ordinarily be revealed by a survey limited to establishing whether existing windows and/or doors can be removed and replaced by UPVC windows and/or doors.  Any other defects are referred to as "Hidden Defects" in these Terms and Conditions.

Polar strongly recommend that You obtain an independent structural survey of the Delivery Address before installation of the Goods if the Delivery Address is an old property or if building work (such as an extension) has been carried out at the Delivery Address or if You suspect that there may be Hidden Defects at the Delivery Address or if You have any doubts at all about the structural integrity of the Delivery Address.  You should note that Polar may cancel the Contract under clause 9.5 if any Hidden Defects became apparent after the date of the Contract.

 

• 7. CANCELLATION BY POLAR

The Contract is subject to the survey of the Delivery Address by Polar's technical surveyor referred to in clause 6.  Following the survey, should Polar consider that the Goods cannot properly be installed at the Delivery Address, Polar may at any time prior to installation of the Goods cancel the Contract without Polar incurring any liability to You other than to return to You any deposit, survey fee or other monies paid by You to Polar.  Polar will use all reasonable endeavours to notify You, in writing, as soon as possible after the survey if the results of the survey are such that Polar considers it necessary to cancel the Contract.

If you fail to pay any amounts due from You to Polar on the due date for payment, or if You have a receiving order in bankruptcy made against You, or make any arrangement with Your creditors, or if You are a company and You have receiver appointed or if any order should be made or any resolution passed for winding You up, Polar may, in addition to its other rights, demand immediate payment by You of all unpaid amounts due from You at that date except those amounts relating to costs not already incurred by Polar, and suspend or cancel the Order without any liability to You.

If, under clause 2.3 of these Terms and Conditions, agreement cannot be reached between You and Polar in relation to the terms of an Order Variation within 21 days of the identification of the requirement for an Order Variation, then Polar may cancel the Order by giving written notification of the cancellation to You.

 

• 8. CANCELLATION BY YOU

If the Contract is entered into by You for cash or cheque payment during a visit by Polar to Your home or the home of another person or to Your place of work, at Your request (eg in response to radio, TV or press advertisements), then it will be binding on You and will not be cancellable.  You should sign it only if You wish to be bound by its Terms and Conditions.

If the Contract is entered into by You for cash or cheque or credit payment during a visit made otherwise than at Your request by Polar to Your home, or the home of another person, or to Your place of work, then you have seven days to cancel the Contract in accordance with the procedures outlined on the Cancellation Form contained on the Purchase Order.

If the Order is entered into by You for cash or cheque or credit payment on Polar's premises then it will be binding on You and will not be cancellable.  You should sign it only if you wish to be bound by its Terms and Conditions.

If the Contract is cancellable and You cancel the Contract, and money You have paid (including any deposit or survey fee) will be returned to You.  You will not have to make any further payment.  If You already have any Goods under the Contract, You should not use them and should keep them safe (legal action may be taken against You if you do not take proper care of them).  You can wait for them to be collected from You and You need not hand them over unless You receive a written request from Polar that You do so.  If You wish, however, You may return the Goods Yourself.  You will not, however, be required to hand back any Goods supplied to meet an emergency and which have already been installed, but You will be liable to pay Polar for emergency Goods and/or services, or for any Goods which have been installed by You or someone else acting on Your behalf.

If, after reading this clause 8, you are at all unsure of your rights and obligation under the Contract, you should contact the Polar Helpline on 01246 277242.

 

•9               ACCESS AND INSTALLATION

• You will provide reasonable access to the Delivery Address to enable Polar to install the Goods as soon as reasonably practicable after You are advised by Polar that the Goods are ready for installation. If an appointment for reasonable access has not been fixed within 14 days of Polar advising You that the Goods are ready or if installation of the Goods is delayed due to Your fault, You must pay the balance of the purchase price immediately and Polar shall be entitled to put the Goods into storage and charge You for the costs of storage and the costs of any damage to the Goods while in storage. If, at the end of 21 days from the date when the Goods are placed into storage, You have failed to agree a date for installation of the Goods, or if three installation appointments have been cancelled by You, then Polar will be released from its obligations under the Contract, and may dispose of the Goods in any manner which it sees fit.
• You will be responsible for clearing the area where the Goods will be installed of any objects (including furniture and soft furnishing which could be damaged during the installation of the Goods). You will also be responsible for removing any curtains, blinds, shades and curtain rails and also for ensuring that the area (and any furniture) is properly covered with dust sheets.
• Polar will take all reasonable care during the installation of the Goods. However, by its very nature the process of installation of replacement windows and doors may cause some damage to internal or external decoration and Polar shall not be responsible for damage to internal or external decoration, or to any other items in the immediate vicinity of the installation, caused by the installation of the Goods. In addition Polar will not be responsible for re-fitting blinds, shades, curtain rails. You should note that no guarantee can be given that Your old windows or doors will be removed in one piece.
• Unless supplied or approved by Polar, Polar takes no responsibility for sites or foundations, for any framework or support, for compliance with any local bye laws or Statutory Regulations, or for the fulfilment of any special requirements which You may be bound to observe or fulfil.
• If at any time following Polar's acceptance of the Contract any Hidden Defects (as defined in clause 6.3) in the Delivery Address become apparent, Polar shall have the right to suspend the performance of the Contract immediately and to require You to repair the Hidden Defects at Your own expense. You shall also pay to Polar the price of the Goods less any costs not yet incurred by Polar. As soon as reasonably practicable after the Hidden Defects have been repaired, and subject always to the provisions of clause 4.5 of these Terms and Conditions, Polar shall complete its obligations under the Contract and You shall pay all other monies due to Polar. If the Hidden Defects cannot be repaired then Your liability to Polar shall be limited to the price of the Goods less any costs not yet incurred by Polar, and upon payment of this amount to Polar the Contract shall be deemed to have been fulfilled.

 

•10              DELIVERY

• Any time or date given by Polar for the installation of the Goods (whether specified in Polar's quotation or otherwise), shall be taken as an estimate made by Polar in good faith but shall not be binding upon Polar either as a term of the Contract or otherwise. If Polar is unable to install the Goods on the date originally given for installation. Polar will use all reasonable endeavours to offer You the earliest possible alternative date for installation convenient to You. In no circumstances shall Polar be liable for any loss or damage sustained by You in consequence of any delay in the installation of the Goods by Polar. Should Polar be unable to install Goods within 3 months of the date originally given, then You may cancel the Contract by giving written notice of cancellation to Polar, and Polar shall refund to You any deposit, survey fee, or other monies paid by You to Polar.
• You will be responsible for the safety of the Goods and for any damage to the Goods from completion of installation or from the date when goods are placed into storage in accordance with clause 9.1 of these Terms and Conditions, whichever is the sooner.