Terms and Conditions
1. GENERAL
1.1 All sales contracts of SWR Ltd. (herein referred to as “the Seller”) shall be deemed to incorporate these conditions except in so far as these conditions are varied by any special conditions agreed in writing between the parties. Any terms and conditions in the purchase order which are inconsistent with these conditions shall have no effect.
2. CATALOGUES
2.1 Catalogues, price lists and any advertising matter published by the Seller are intended only to give an indication of the general nature of the goods available and nothing contained in any such catalogue, list or other matter shall be or be deemed to be a representation by the Seller or a condition or warranty affecting any goods sold.
3. PRICES
3.1 Unless otherwise expressly stated all quotations shall be valid for a fixed period of 30 days only.
3.2 Unless otherwise expressly agreed in writing the price payable for all goods supplied by the Seller shall be the price ruling at the date of despatch plus value added tax thereon at the rate ruling at the date of despatch. All prices are subject to change.
4. PAYMENT
4.1 All goods shall be paid for in full by the Purchaser to the Seller at the time of ordering, by cash, cheque, credit card or finance.
4.2 Where account facilities apply, having been expressly agreed in writing by the Seller, the price shall be paid in full by the Purchaser to the Seller within 30 days of the date of the invoice.
4.3 For all installation products and services purchased a deposit (shown overleaf) is required. This is payable on order confirmation. The balance is payable after the products have been delivered. If the seller is responsible for installation, this balance will be payable at the time of the agreed install date, unless a finance agreement is in place.
4.4 The Seller reserves the right to charge interest at a rate 2 - 3% above the Bank of England base rate from the date when the price falls due for payment until the date on which such payments are actually received by the Seller, and in the case of any default in payment the Purchaser shall give the Seller every assistance in the repossession of the goods in respect of which payment has not been made.
5. DOOR STEP SELLING - COOLING OFF PERIOD
5.1 For orders signed away from the sellers normal premises (i.e. orders placed at your home, place of work or other third party premises) under the doorstep selling regulations act you are entitled to a statutory 14 working days cooling off period - beginning from the date you place your order. Certain goods are exempt from this cooling off period, for example a special order or goods which are personalised or made to a personal specification.
5.2 You must inform us in writing during the cooling off period that you are cancelling the order by sending the below notice of cancellation to SWR Ltd. See point 13 below.
5.3 If you have not received the goods at the time of cancellation of the contract and we have not processed the goods for delivery, we will refund to you all the monies paid by you for the goods in question in the same form of payment originally used for the purchase as soon as possible and in any event within 30 days of your cancellation being accepted.
5.4 If applicable any related credit agreements will automatically be cancelled if the order is cancelled within the cooling off period mentioned in point 5.1.
5.5 If goods have already been delivered at the time of cancellation, they must be returned to us in resaleable condition, with the costs covered by the customer.
5.6 If you do not return the goods to us we shall be entitled to deduct the direct costs of recovering the goods from the amount to be refunded to you.
6. TRANSFER OF TITLE
6.1 Title to goods shall only pass to the Purchaser from the date of payment in full of all sums payable to the Seller under the contract by which those goods were supplied or any other contract. Until such time, goods remain the absolute property of the Seller and the Purchaser shall keep them insured to their full invoice value. Such goods shall be stored in such a way that they are readily identifiable and the Seller shall be entitled to repossess such goods at its entire discretion and at any time prior to payment in full therefore. Such repossession shall not affect in any way the continued existence
of any contract between the parties. If goods in which title has not passed to the Purchaser are subjected to any process, addition or treatment, the property in the goods so processed, added to or treated, shall be vested in the Seller until title has passed.
6.2 All goods sold by the Purchaser to third parties before title has passed to the Purchaser, shall be sold as agent for the Seller and all proceeds received from such sales shall be held by the Purchaser in trust for the Seller, until payment in full of all amounts outstanding has been received by the Seller.
6.3 Not with standing that property in any goods has not passed to the Purchaser, the Seller shall be entitled to sue the Purchaser for the price of such goods if not paid on the due date.
7. DELIVERY
7.1 Any time for the delivery stated by the Seller will be an estimate only on the likely time required to effect delivery from the date of receipt by the Seller of full and final instructions. The Seller will make every reasonable effort to comply with such estimate but the Purchaser shall have no right to damages or to cancel any contract with the Seller by reason only of failure on the part of the Seller to meet any stated delivery time.
7.2 The Seller will endeavor to comply with reasonable requests by the Purchaser for postponement of any stated delivery date but shall be under no enforceable obligation to do so. In the event of any such postponement at the request of the Purchaser, the Purchaser shall pay to the Seller on demand all costs and expenses thereby incurred including a reasonable charge for storage thereby occasioned.
7.3 When the goods are sold “carriage paid” by the Seller, delivery shall be deemed to take place at the moment the goods are lifted from the delivery vehicle and thereafter the goods shall be at the risk of the Purchaser in all respects
8. DAMAGE IN TRANSIT
8.1 Damaged parcels need to be rejected at point of delivery with the courier being notified of the damage. This ensures that you don't accept responsibility for any damage that occurred during transit and can help in filing a claim with the sender or courier company for a replacement or refund.
8.2 No claim for goods damaged or lost in transit will be accepted by the Seller unless written notification of such damage or loss is given to the Seller as soon as reasonably practicable on receipt of the goods by the Purchaser and all damaged goods are retained by the Purchaser pending inspection by the Seller and carrier.
9. LIABILITY
Whilst every effort is made to ensure that the structural integrity of a building is suitable for the installation of our products, there may be rare occasions where unforeseen issues only become apparent once works have commenced. In such cases, and where possible, we will recommend a local builder and endeavour to negotiate a favourable price on behalf of the customer. We confirm that no profit or margin will be added to any costs incurred through this process. Customers are, of course, always welcome to appoint their own builder should they prefer. Any necessary remedial works must be completed within a 60-day period to allow for the timely installation of the original product as planned.
9.1 If any defect in workmanship or materials shall manifest itself in any goods supplied by the Seller within 12 months of the date of delivery thereof provided always that the goods shall have been found not to be to specification the Seller shall have the right at its sole discretion to replace free of cost to the Purchaser (other than the cost of carriage) any such goods or parts thereof and the Purchaser shall be obliged to accept such replacement in full satisfaction of its claim and shall also return to the Seller at the expense of the Purchaser the goods originally delivered or such defective part thereof as may have been replaced. If the Seller shall fail to replace such goods or parts thereof any amount recoverable by way of damages from the Seller by the Purchaser shall be limited to the difference between the value of the goods at the time of the delivery to the Purchaser and no claim whatever by the Purchaser shall entitle the Purchaser to withhold payment of the price of any goods or to
any right of set-off against any payment due to the Seller under any contract made by the Seller and the Purchaser, nor will any claim made by the Purchaser entitle the Purchaser to reject any goods supplied and treat the contract as repudiated and any remedy of the Purchaser shall be in damages only as hereinafter provided.
9.2 If any defect in workmanship or installation by the seller manifest itself within 24 months of the date of installation works will be carried out to remediate/repair of said workmanship. In the event that repair, or remediation cannot be completed the Purchaser would be entitled to a full refund of the installation cost. The Purchaser shall be obliged to allow the seller all reasonable opportunities to offer a satisfactory resolution/repair.
9.3 Given the multitude of legislations, we cannot accept liability for the compliance of our products to local building regulations. We therefore would like to draw your attention to the fact that it is
always the customer’s responsibility for observing the existing legal regulations and advice should be sort from your local planning office.
10. FORCE MAJEURE
10.1 In the event of any act of God, outbreak of war either general or local, riot or other civil commotion, strike lock-out or act or decree of any government or any other matter or thing beyond reasonable control of the Seller, the Seller:
10.2 Shall not be liable for any injury or damage of any kind thereby caused or resulting therefrom; and
10.3 May at the sole discretion of the Seller withdraw wholly or in part from the contract without any liability whatsoever. The construction validity and performance of this contract shall be governed by the laws of England and all disputes which may arise under out of or in connection with or in relation to this contract shall be subject to the jurisdiction of the courts of England..
11. GLASS - BALUSTRADE CUSTOMERS ONLY
11.1 All glass is provided by a third party supplier of SWR.
11.2 Glass prices are subject to current market conditions.
11.3 For projects in which SWR have performed no installation services then final glass dimensions are the full responsibility of the customer.
11.4 Glass deliveries can be subject to a minimum order charge and delivery charges..
11.5 Upon delivery of glass, the glass shall be off-boarded from the vehicle to the nearest available location. Any further movement of the glass remains the customers responsibly.
11.6 As per BS EN 14179-1:2016, Clause 8.1 & BS EN 12543, All glass is subject to a +/- 0.2mm tolerance per individual panel of glass. Please refer to the tolerance chart for more information.
12. COMPLAINTS
12.1 We always endeavour to provide the best service and products for our customers. However, on rare occasions, we recognise that there may be times where our customers may not be completely satisfied. To ensure we are able to put things rights as soon as we can, please read our complaints procedure below and we will respond promptly to ensure complete satisfaction. As soon as possible after the completion of the works, please inspect the work to ensure everything has been carried out to our usual high standards. In the unlikely event there is anything you are not completely satisfied with, please contact us as soon as you can in order that we can rectify any problems as soon as possible. Where we cannot resolve any complaints using our own complaints procedure, as a Which? Trusted trader we use Dispute Resolution Ombudsman for dispute resolution. In the unlikely event of a complaint arising and you wish to refer the complaint to them please contact us on 0117 981 2929 or via their website whichtrusted traders partnership.
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13. NOTICE OF CANCELLATION
Download, Complete, and return this form ONLY IF YOU WISH TO CANCEL THE CONTRACT
Send to: SWR Ltd, 2 - 4 Eastman way, Hemel Hempstead, Hertfordshire, HP2 7DU, United Kingdom or email [email protected]
TERMS AND CONDITIONS
These Terms and Conditions apply to all sales contracts made by SWR Ltd (“the Seller”). By placing an order, you (“the Purchaser” or “the Customer”) agree to be bound by these terms unless otherwise agreed in writing. Your statutory rights are not affected by these terms.
1. GENERAL
1.1 All sales contracts with SWR Ltd incorporate these Terms and Conditions unless varied by written agreement between both parties.
1.2 Any conflicting terms in a customer’s purchase order will have no effect unless expressly agreed in writing by the Seller.
2. CATALOGUES AND MARKETING MATERIAL
2.1 Catalogues, price lists, and advertising materials are intended only as a general guide to the type of products available.
2.2 Information, images, and descriptions in such materials do not form part of any contract and are not to be taken as a warranty or guarantee of specification, performance, or suitability.
3. PRICES
3.1 All quotations are valid for 30 days unless otherwise stated in writing.
3.2 Unless agreed otherwise, the price payable will be the price in force at the date of despatch, plus VAT at the applicable rate.
3.3 All prices are subject to change without notice.
4. PAYMENT
4.1 Goods must be paid for in full at the time of ordering unless credit terms have been agreed in writing.
4.2 Where account facilities are in place, payment is due within 30 days of the invoice date.
4.3 For installation products and services, a deposit (as shown on the order) is required on confirmation. The remaining balance is due after delivery or, if installation is included, on the agreed installation date unless a 7day grace period or finance agreement is in place.
4.4 The Seller reserves the right to charge interest at 5% above the Bank of England base rate on late payments until full payment is received. The Seller may also recover reasonable costs of debt collection.
5. DOORSTEP SALES – COOLING OFF PERIOD
5.1 For orders placed away from our normal business premises (e.g. our representative in your home or workplace), you have a statutory 14-day cooling-off period under the Consumer Contracts Regulations 2013 starting from the date the order is placed for orders including a service or from the initial delivery date for supply only.
5.2 You must notify us in writing within this period if you wish to cancel your order. The provided cancelation form must be completed, or see point 13 for ways to obtain the required form.
5.3 If the goods have not been dispatched, we will refund all monies the same way they were paid within 14 days of receiving your written cancellation or receipt of returned goods.
5.4 If applicable, any related credit agreements will automatically be cancelled if the order is cancelled within the cooling off period mentioned in point 5.1
5.5 Some products (for example, bespoke/personalised goods, orders worth less than £42) are exempt from this cooling-off period.
5.6 If goods have been delivered, you must return them at your cost in a resaleable condition within 14 days of cancellation.
5.7 If you fail to return the goods, we may deduct the cost of recovery from your refund.
6. TRANSFER OF TITLE (OWNERSHIP)
6.1 Ownership of goods transfers to you only once full payment has been received by the Seller.
6.2 Until ownership passes, goods remain the property of the Seller and must be kept safe, insured, and clearly identifiable.
6.3If sold on to a 3rd party, before transition of ownership, it is as an agent of the Seller and all monies to be held in trust for the Seller until ownership has passed to the Purchaser
6.4 If payment is not received when due, the Seller may recover the goods without affecting any other rights under the contract. Seller retains the right to pursue legal action if required.
7. DELIVERY
7.1 Any stated delivery times are estimates only. Whilst every reasonable effort is made to meet delivery dates, delays may occur and do not entitle the Customer to cancel the order or claim damages.
7.2 Requests to postpone delivery will be considered at the Seller’s discretion. Any additional storage or handling costs will be chargeable to the Customer.
7.3 When goods are sold “carriage paid”, delivery is complete once the goods are unloaded from the delivery vehicle, at which point responsibility transfers to the Customer.
8. DAMAGE IN TRANSIT
8.1 Any goods damaged during delivery should be rejected immediately and noted with the courier. Any signed for but damaged goods will be chargeable.
8.2 Claims for damage or loss in transit must be made in writing as soon as reasonably possible. Damaged goods must be retained for inspection.
9. RETURN POLICY
9.1 Bespoke, Modified or Customised goods cannot be returned, this includes Pre-cut, pre-drilled, glued and preassembled balustrade components.
9.2 SWR must approve eligibility of return prior to any arrangements being made. All goods to be returned within 21 days of receipt, unless otherwise agreed in writing.
9.3 All returned items must be unused, in 100% re-saleable condition and in original packaging. SWR reserve the right to charge a 25% restocking fee for returned items where applicable.
9.4 A delivery note/invoice copy must accompany all returns. Any transport costs for returned items are the customers liability and are non-refundable.
9.5 Once SWR have received, inspected and approved a return, a refund will be made via the original payment method or as a credit to account for those with credit facility.
9.6 Any damaged or defective goods can be returned for a full refund, see point 8 above for items damaged on arrival. All damage/shortage claims to be made as soon as reasonably possible.
10. LIABILITY AND WARRANTY
10.1 If a defect in materials or workmanship is found within 12 months of delivery, the Seller may, at its discretion, repair or replace the goods (excluding carriage costs). This will be the Customer’s sole remedy.
10.2 For installation works conducted by the Seller, a 24-month workmanship guarantee applies. Where repair is not possible, the Customer will be entitled to a refund of installation costs only.
10.3 The Customer is responsible for ensuring compliance with local planning or building regulations. The Seller accepts no liability for non-compliance.
10.4 While every effort is made to ensure the structure of a building is suitable for installation of our products, if on rare occasion an unforeseen issue arises, we will recommend a local builder. We will endeavour to negotiate favourable pricing and confirm no profit or margin will be added to any costs. Customer welcome to appoint own builder but all works must be completed within 60 days.
11. FORCE MAJEURE
11.1 The Seller will not be liable for delays, failure to perform, damage or injury caused by circumstances beyond its reasonable control (e.g. act of God, war, extreme weather, strikes, government actions, supply shortages, etc.).
11.2 In such cases, the Seller may suspend or cancel the contract without liability.
11.3 English law governs this contract, and disputes are subject to the jurisdiction of the courts of England.
12. GLASS
12.1 Glass is supplied by third-party manufacturers.
12.2 Prices are subject to market fluctuations.
12.3 Where the Seller does not carry out installation, all glass measurements are the Customer’s responsibility.
12.4 Minimum order and delivery charges may apply.
12.5 Glass will be delivered to the nearest accessible point; movement thereafter is the Customer’s responsibility.
12.6 Tolerances apply in accordance with BS EN 14179-1:2016 Clause 8.1 and BS EN 12543.
12.7 Guidance on accepted visual characteristics is available at doorsandawnings.co.uk/what-to-expect-from-your-glass.
13. COMPLAINTS
13.1 We aim to provide products and services of the highest standard. If you are dissatisfied, please contact us as soon as possible so we can put things right. Please read our complaints procedure which can be found on our website, by clicking here or by contacting us (01442 219 611 / [email protected]).
13.2 If a complaint cannot be resolved internally, you may refer it to the Dispute Resolution Ombudsman (as part of the Which? Trusted Traders scheme) on 0117 981 2929 or via their website.
14. NOTICE OF CANCELLATION
Please complete and return the cancellation form. This form can be accessed by contacting us (01442 219 611 / [email protected]), you can find it on our website or click here)
Send completed form to: SWR LTD, 2 – 4 Eastman way, Hemel Hempstead, Hertfordshire, HP2 7DU, United Kingdom or fax 01442 259 918 or email [email protected]
15. PROMOTIONS AND OFFERS – “INSPIRE A FRIEND”
Upon completion of your installation, you may receive an Inspire a Friend code.
You’ll receive a £100 John Lewis/Waitrose voucher for each referred customer who completes and pays in full for an eligible installation order. The offer excludes repairs and spare parts. You may refer multiple customers and receive multiple rewards. SWR Ltd reserves the right to withdraw or amend this offer at any time.
16. COLOUR VARIATIONS
16.1 Whilst every effort is made to ensure colour consistency, variations in RAL colours may occur between different materials, finishes, or production batches. Such variations are a normal result of the manufacturing process and are not considered a defect.
16.2 Colours shown in printed materials, illustrations, or digital images are provided for general guidance only. Due to differences in lighting, printing, and screen display settings, the final product colour may differ. The Seller cannot guarantee an exact colour match between products or between any product and its representation.