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Disclosure statement
Calminster Ltd T/A Hometec UK Registered number 02747699 is authorised and regulated by the Financial Conduct Authority FRN 690214. We act as a credit broker not a lender and offer finance from a panel of lenders.
Definitions
In these terms & conditions Hometec UK is the trading name of Calminster Ltd Company registered number: 02747699 and is referred to as Hometec UK hereafter in this document. “the customer” or “you” means the person/s or company to whom this document is addressed overleaf on the sales contract. The “works” means the work, goods and or services which Hometec UK has agreed to provide, subject to these terms and conditions, also subject to any agreed variations, additions or remedials. The “site” means the installation address provided if its different to the sales contract address unless otherwise agreed. The “contract price” means the price for the works set out overleaf, subject to any variations provided for by these terms and conditions. D.G.C.O.S. means “The Double Glazing and Conservatory Quality Assurance Ombudsman Scheme”
Conditions
The contract between Hometec UK and you are subject to these terms and conditions. These terms and conditions can only be varied by an agreement in writing, approved and signed by you and by a director of Hometec UK. No other person/s have authority to very or alter this contract or bind Hometec UK. Both you and Hometec UK have agreed that the works, products, and services, are subject to these terms and conditions.
Work Content
Is as laid out by this contract including the final survey and any variation of contract.
All additional work or variations must be agreed in writing and approved by both parties and shall be subject to these conditions. Hometec UK does not decorate or redecorate following completion of the works described in this contract and will not be responsible for such provided the work has been executed in a competent, workman-like fashion.
Additional Work
In any dispute about the requirement of additional work or whether such work constitutes additional cost if insured by the D.G.C.O.S. their service shall have an unfettered discretion to determine such
issues including but not limited to the right to award compensation.
Planning Permission & Restrictive Covenants
Where applicable Hometec UK might, without any liability on its part, offer an informal opinion, to the best of its ability, but is not able to give the customer expert advice In respect of legal matters such as the need for planning permission, the effect of planning conditions or other regulatory constraints, etc, which might affect the proposed works. Hometec UK does not employ chartered surveyors, engineers or architects and does not have
detailed knowledge of local by-laws which may apply to or affect the carrying out of the works. It is entirely the responsibility of the customer to check before entering Into this contract whether any approvals, plan submissions, freeholder’s, head lessee’s or mortgagees’ consents are required or whether there are restrictive covenants which may affect the premises and the works. Hometec UK cannot be responsible for any delay, disruption, claim, expense or other consequence caused by the customer’s failure to obtain appropriate planning permission or other such approvals and consents or by breach of a restrictive covenant or lease obligation.
Insurer’s
It is the customer’s responsibility to notify their insurers to any proposed work and or alterations to the site property ensuring they have effective cover.
Payment Terms
Contracts will require stage payments as follows 20% deposit on agreeing the contract. 70% payment for materials one week before the agreed install date. 10% balance payment on completion of the contract. Contracts on a finance agreement with Hometec UK’s finance providers will require a 20% deposit and the financed balance satisfaction note signed on completion of the contract. Hometec UK may refuse to carry out any further work, if any stage payments are not met. Hometec UK is entitled to charge Interest on unpaid Invoices at 8.12% APR above the Bank of England base rate accruing daily. A deposit as set out overleaf Is payable by the customer upon entering Into the Contract. Estimates and quotations, where VAT is applicable it will be charged at the applicable rate at the relevant tax point. Save as otherwise provided by law the deposit Is not returnable to the customer if the customer should terminate or purport to terminate the Contract for whatever reason unless so ordered by an Ombudsman.
Final Price
The contract price is subject to a “final survey” and any subsequent recommended variations. If this impacts the cost, product, or work, you will be invited to agree any such proposed variations including costs. If unacceptable to you or Hometec UK, the contract may be terminated, and all costs incurred by Hometec UK thus far paid by you.
Access
Hometec UK requires full access to the site at all reasonable times to carry out the final survey and work including remedials and snagging on completion. You are required to be present at these appointments. Hometec UK shall not be responsible for any financial loss howsoever incurred by anyone for appointments or service work.
Works
Hometec UK will complete the works within a reasonable time. However you should be aware that delays may be caused by bad weather, staff illness, injury, obtaining products, structural difficulties or by other existing site works outside of our control and any additional work required which can cause delays that we cannot be held responsible for.
Ability’s
Hometec UK Is not expert in planning or structural surveying. The contract price is agreed based on Hometec UK not encountering any structural difficulties. Including but not limited to the discovery of gas, water, sewerage, electricity mains, inherent subsidence, existing defects, rot, woodworm, and wildlife of any sort. Hometec UK reserves the right to vary the Contract price if any of these difficulties are encountered.
Difficulties and Defects
If unforeseen difficulties or defects become apparent during the work and in the opinion of Hometec UK would prevent completion, then Hometec UK shall be entitled stop work and secure the site as well as possible against entry and weather conditions. Hometec UK shall be entitled to payment for all parts and materials ordered or acquired for you and a fair price for all work undertaken pursuant to the Contract. Where damage or defects to the product has occurred Hometec reserve the right to effect appropriate repairs to the affected product. Where unrepairable damage has occurred to the product during installation the damaged parts may be replaced, this does not necessarily mean the entire window will be replaced.
Products and Materials
All materials and products supplied under this contract are purpose made for the customer’s particular requirements and you must acknowledge that such materials and products cannot be readily re-sold by Hometec UK to anyone else. Hometec UK will try to match existing site brick, stone, or other materials, (as appropriate). However, if Hometec UK cannot match existing or requested materials by you, Hometec UK reserves the right to use alternative materials. Hometec UK will not be held liable if these materials fail exactly to match those requested.
Completion
Hometec UK is entitled to invoice you on completion, or part invoice you on part completion of your contract. These invoices are due and payable in full immediately, unless you have a formal credit agreement with Hometec UK. Any defects or snagging must be reported to Hometec UK immediately and Hometec UK will endeavour to address these in a timely manner.
Guarantee
The benefit of the Guarantee starts once all sums due and owing to Hometec UK have been paid by you. Hometec UK shall, free of charge, either repair and/or at its option replace any defective profile, polycarbonate, furniture, and glass. where defects have appeared and are not the result of misuse or damage. Normal wear and tear for periods as follows: uPVC, aluminium profiles and vacuum formed panels for a period of 10 years after installation. Sealed double glazed units are guaranteed not to form condensation within the cavity for a period of 5 years after installation, All mechanical parts such as locks, hinges, handles, etc., are guaranteed not to malfunction during normal use for a period of two years after installation. All electrical work, fittings and building works are guaranteed for 1 year after installation. Where it is more reasonable to do so, Hometec UK shall be entitled to refund the price of defective materials. A charge may be made for all additional work not covered by the above guarantee or not resulting from a fault of Hometec UK for example and not limited to work relating to locks damaged by misuse, the unblocking of gutters and downspouts and the replacement of lost or broken keys.
Glass
Due to the process of glass manufacturing, Hometec UK cannot accept any liability for minor blemishes and imperfections which are inherent In the manufacturing process. Lead products may naturally tarnish when exposed to the atmosphere, Glass breakage after installation is not covered.
Subsidence
All building work and surrounding areas are susceptible to minor settlement of the conservatory or the area surrounding It may take place and is normal.
Hometec UK cannot be held responsible for any subsidence unconnected with any fault on its part.
Contract Termination / Cancellation
If you rescind or terminate the contract where you are not legally entitled to do so or where Hometec UK becomes entitled to terminate the Contract because of default on the part of you, then in addition to any other rights which Hometec UK may have, the following shall be due to the Company as damages:-
The price of all parts ordered by the customer which have been manufactured or part manufactured by Hometec UK or its suppliers and which are unique to this contract; and the price of all parts and materials ordered by the customer which are unique to this contract and which have already been ordered/acquired by Hometec UK from third parties; and a fair price for any work undertaken pursuant to the contract; and a sum equal to the loss of profit on the contract.
Your rights to cancel when buying new double glazing
Your rights when buying double glazing will depend on various factors. This includes whether you buy windows and doors that have been made to measure for your home or are a standard size, and how and where you decide to enter into the contract.
The scenarios below show you how your right to cancel is affected by the double glazing you choose and the way you enter into your contract:
Situations where you DON’T legally have the right to cancel
Situations where you DO legally have the right to cancel
If you exercise your right to cancel the double glazing, any finance agreement (which is linked to the contract) the company has arranged for you will also automatically end.
Complaints Handling Procedure
Hometec UK’s full complaints handling procedure is available at: www.hometec.co.uk If you have not had a satisfactory response from Hometec UK after following the online procedure. Complaints can then also be made to The Double Glazing and Conservatory Ombudsman Scheme (DGCOS) Phone: 0345 053 8975. Email info@dgcos.org.uk. Write to: DGCOS, Centurion House, Leyland Business Park, Centurion Way, Leyland, PR25 3GR. The DGCOS offer an impartial dispute resolution service free of charge. In some instances you can also contact the Financial Ombudsman Service who will be able to deal with certain complaints as listed on their website: https://www.financial-ombudsman.org.uk or by telephoning 0800 0234567D.G.C.O.S. Ombudsman Scheme and Handling of disputes. Your guarantee may be insurance backed by the DGCOS, Insurance Guarantee Providers. Your guarantee Is conditional on the Works being adequately and properly maintained it does not cover any physical damage caused by misuse, impact, abrasion, or cleaning with an unsuitable or non-proprietary chemical. Where a contract is insurance backed by the D.G.C.O.S. all un-resolved disputes and differences must be reported to the D.G.C.O.S. by you immediately for conciliation, mediation and determination or arbitration. Their decision is final. You must be report all defects immediately to Hometec UK. Each term or condition set out above shall be a separate part of the contract and failure of any one condition to have any effect at law or to be unenforceable shall not render the contract and the remaining conditions unenforceable and the contract shall be construed as if such terms or conditions alone were struck out This guarantee is conditional on the works being adequately and properly maintained it does not cover any physical damage caused by misuse, impact, abrasion, or cleaning with an unsuitable or non-proprietary chemical. English Law & Financial Ombudsman This contract shall be governed by English law and, save as to the dispute resolution process provided for herein, Hometec UK and you shall submit to the exclusive Jurisdiction of the English courts.